A.
The Residential (R) Districts are intended to provide suitable areas
primarily for residential uses and development appropriate to the
environmental characteristics of the land and character of the neighborhood.
The primary difference between the various R districts is to provide
a variety in size and density of residential neighborhoods. These
districts are also intended to promote residences while taking into
consideration topography, soils, wetlands, natural features, historic
assets, agricultural heritage, availability and capacity of infrastructure,
and other similar features.
B.
Certain nonresidential uses may be allowed in R districts when such
uses are compatible with nearby residential uses and preserve neighborhood
character.
A.
Permitted as of right.
(1)
Conservation uses. Open space, natural areas and preserved lands,
including wildlife sanctuaries, flood-protection facilities, conservation
areas, pedestrian or bicycle greenway trails, and other lands in a
natural condition.
(2)
Agricultural uses. Agriculture and farming.
(3)
Residential uses.
[Added 7-15-2022]
(a)
Short-term rental. The short-term
rental of an existing dwelling, provided that:
[1]
Such rental use shall be limited
to those portions of a structure covered by a certificate of occupancy
for a dwelling.
[2]
All portions of the rented dwelling
used for sleeping shall have emergency escape and rescue opening in
conformance with the Connecticut State Building Code.
[3]
Use of such dwelling is limited to lodging-type uses. Non-lodging uses, including but not limited to, parties, receptions, weddings, filming, photo shoots, corporate retreats and fundraisers, is prohibited unless permitted under § 470-303D(3).
[4]
Short-term rental is separate and apart from a boarding house [§ 470-302C(1)(a)].
[5]
Short-term rental of dwellings as
part of documented affordable housing units is prohibited.
B.
Permitted with zoning permit (staff).
(1)
Residential uses.
(a)
One single-family dwelling unit per parcel.
(b)
A second single-family dwelling unit of no more than 3,500 square
feet on any parcel of more than 50 acres where the Town has acquired
development rights (an interest in the parcel limiting its development).
(c)
Temporary healthcare structures for use by mentally or physically
impaired persons in accordance with the provisions of Section 1 of
Public Act 17-55.
C.
Permitted by special permit and site plan approval (Commission).
(2)
Recreation uses.
(a)
Riding stables, equestrian clubs, polo clubs, provided that:
[1]
The parcel contains at least 10 acres;
[2]
Any nonresidential building shall be located at least 125 feet
from any street line and at least 150 feet from any side or rear lot
line; and
[3]
Any storage of manure and any storage or use of any material
producing odor or dust shall be located at least 200 feet from any
lot line, and at least 300 feet from any wetland or watercourse.
(b)
Horse shows, provided that:
[1]
The parcel contains at least 50 acres;
[2]
Any nonresidential building shall be located at least 125 feet
from any street line and at least 150 feet from any side or rear lot
line; and
[3]
Any storage of manure and any storage or use of any material
producing odor or dust shall be located at least 200 feet of any lot
line.
(c)
A day camp, provided that:
[1]
There shall be a minimum of 2,000 square feet of site area for
each camper;
[2]
All buildings, structures, and areas of organized activity,
such as baseball diamonds, basketball courts, riding areas, swimming
pools, etc., shall be located at least 50 feet from all lot lines
or street lines;
[3]
The only residential uses permitted on the site shall be two
single-family dwelling units, and such dwelling units shall comply
with the applicable provisions of these regulations for the district
in which they are located; and
[4]
No outdoor floodlighting or public address system shall be permitted.
(d)
Residential summer camp, provided that:
[1]
The parcel contains at least 50 acres;
[2]
At least 40% of the gross land area of the camp is maintained
for open space or passive recreational use;
[3]
Active recreational areas shall be provided and shall be centrally
and strategically located to the extent possible;
[4]
Recreational facilities and buildings shall not be located within
designated open space areas unless expressly permitted elsewhere by
the Commission; and
[5]
A recreational facilities plan shall be submitted as part of
the site plan.
A.
General limitation.
(1)
Accessory buildings, structures and uses shall be located on
the same lot as the principal building, structure or use to which
they are accessory.
(2)
Accessory buildings, structures and uses shall not be located
on a lot without the establishment of a permitted principal use, nor
shall any new lot be created that has an accessory building, structure
or use without a principal use.
(3)
Accessory uses and structures are permitted as provided in this
section, provided that:
B.
Permitted as of right.
(1)
Agricultural and animal-related uses and structures.
(a)
Agriculture and farming operations.
(b)
Storage of vehicles and equipment necessary for, used for, and
accessory to agriculture and farming operations on a farm, provided
such vehicles and equipment shall not be used elsewhere for nonfarming
purposes except for snow plowing.
(c)
Limited farm stand. A farm stand less than 40 square feet in
area for the sale of agricultural products grown on the premises.
Any such structure may be located in the front yard and shall be located
at least 10 feet from any side lot line.
(d)
Accessory agricultural buildings and structures, provided that:
[1]
Such structures shall not be located closer than 100 feet from
any street line and 50 feet from any lot line;
[2]
Buildings housing livestock and/or animal waste and refuse on
any parcel shall be located at least 100 feet from any lot line; and
[3]
Agricultural buildings and structures greater than 1,000 square feet on a farm parcel of less than three acres and any limited farm parcel require special permit approval per § 470-303D(2)(b).
(e)
Domestic animals. Keeping of domesticated animals as pets by
the residents for their personal enjoyment, but not including hoofed
animals or poultry.
(f)
Farm animals. Hoofed animals, poultry, and livestock on a farm
or limited farm.
(g)
Hoofed animals. The keeping of hoofed animals by the residents
for their personal use and enjoyment, provided that:
[1]
For horses, ponies, mules, donkeys, and cattle, the property
lot shall contain two acres of land for the first such animal and
an additional one acre of land for each additional animal;
[2]
For llamas, alpacas, sheep, goats, swine or similar animals,
the lot shall contain one acre of land for the first such animal and
an additional 20,000 square feet of land for each additional animal;
(2)
Home-based business uses.
(a)
Home-based business, minor. A home-based business located within
the principal dwelling and operated by a resident of the premises,
provided that:
[1]
The home-based business shall not have more than one nonresident
(of the premises) full or part time employee working on the premises;
[2]
The area devoted to the home-based business shall not exceed
30% of the area of the principal dwelling, exclusive of garage, attic,
and basement; and
[3]
The home-based business shall not:
[a]
Produce any changes in the traffic characteristics
of the neighborhood;
[b]
Have more than routine mail and incidental package
delivery;
[c]
Have, use or store any equipment beyond what is
normal to a single-family residence;
[d]
Have, use or store any hazardous material beyond
what is normal to a single-family residence;
[e]
Have, use or store a trailer associated with the home-based business beyond what is allowed by § 470-303B(6)(c).
[f]
Produce any noise or electrical interference beyond
what is normal to a single-family residence;
[g]
Demonstrate any visible exterior evidence of the business (including, but not limited to, visibility of the contents of a garage by leaving a garage door open for extended periods of time), except as allowed by § 470-303B(3)(a)[3] or [1];
[h]
Result in the parking of more than one commercial vehicle on the lot or on adjacent street, beyond the limitations of § 470-303B(3)(a)[1]; or
(b)
Family day-care. A family day-care home operated by a resident
and licensed under the applicable provisions of the C.G.S., as amended.
(c)
Bed-and-breakfast, minor. Bed-and-breakfast, provided that:
[1]
The owner of the bed-and-breakfast shall live on the lot;
[2]
The bed-and-breakfast shall be limited to three or fewer guests;
[3]
Rented rooms shall be accessed from within the structure;
[4]
The structure and premises shall meet the minimum lot area and
dimensional requirements for the district in which it is located;
and
[5]
Such facilities shall not include provisions for cooking in
the rented rooms.
(3)
Parking uses and structures.
(a)
Outside parking. Outside parking of up to six automobiles and
one commercial vehicle, provided that:
[1]
Only one commercial vehicle, with a gross vehicle weight rating
of 14,000 pounds or less operated by the owner and/or resident of
the lot may be parked on a lot at any time;
[2]
Such parking shall be in accordance with any other provisions
of these regulations and other applicable laws and ordinances; and
[3]
No unregistered motor vehicle may be stored on a lot for more
than 30 days in a location where it is visible from the street or
from adjacent lots.
(4)
Typical accessory structures.
(a)
Minor accessory structures. Minor accessory structures customarily
and reasonably incidental to a permitted principal use (such as dog
houses, swing sets, bird baths, etc.), excluding solar panels, windmills
or other structures classified as being accessory elsewhere in these
regulations.
(6)
Other accessory uses.
(b)
Tag sales. Tag sales and garage sales, provided that a tag or
garage sale shall not exceed three consecutive days and shall not
exceed nine calendar days in any one calendar year.
(c)
Recreational equipment storage. Storage of camping or recreational
equipment such as a recreational boat, travel trailer, a tent trailer,
campers, pick-up camper, or a recreational vehicle, provided that:
[1]
At no time shall such equipment be occupied or used for living,
sleeping or housekeeping purposes;
[2]
There shall be no connections to any utility service, including
electrical, heat, water and sewage disposal service;
[3]
If such equipment is parked or stored outside of a garage, it
shall only be parked or stored in a neat and orderly manner and shall
only be parked in a location which conforms to the minimum yard setbacks
for accessory structures as shown on Table 470-304E(2);
[4]
In residence districts parking or storage of any such equipment
on any lot shall be limited to one such piece of equipment per dwelling
unit on the lot, except that one additional utility trailer may be
parked or stored per acre of lot area. Said trailers shall be registered
in the name of and be the legal property of an occupant of the principal
building on the lot; and
[5]
Notwithstanding the provisions of these regulations, any such
trailers may be parked anywhere on the lot for servicing, cleaning,
loading or unloading purposes for a period not to exceed three days.
(e)
Solar panels. Building-mounted solar panel(s).
(f)
Temporary storage. A temporary storage structure of 1,025 cubic
feet (eight feet by eight feet by 16 feet) or less for a period of
up to 60 days in any twelve-month period, provided that such structure
shall not be located in a required side yard setback or rear yard
setback.
(g)
Storage of fuel. Storage of liquid fuel in tanks having a capacity
of 2,000 gallons or less, provided such storage shall not be located
in a required yard setback.
(h)
Additional uses. Other accessory uses customarily and reasonably
incidental to a permitted principal use, unless otherwise prohibited,
provided that any such use shall not be conducted in the front yard
unless it is located at least 75 feet from the street.
C.
Permitted with zoning permit (staff).
(1)
Accessory dwelling uses and structures.
(a)
Attached accessory dwelling. One accessory dwelling unit within
or attached to the main dwelling unit, provided that it conforms to
all of the following requirements:
[1]
The owner of the lot shall occupy either the principal dwelling
unit or the accessory dwelling unit;
[2]
The area devoted to the accessory dwelling unit shall not exceed
30% of the area of the principal dwelling, exclusive of garage, attic,
and basement;
[3]
The accessory dwelling unit shall not be billed separately from
the principal dwelling unit for utilities;
[4]
The accessory dwelling unit shall be accessible from the principal
dwelling by an operable door along a common wall;
[5]
The accessory dwelling unit shall not be located in a basement
or story below the first floor unless more than 25% of the perimeter
of the accessory dwelling unit opens to grade and the ceiling is more
than five feet above that grade;
[6]
Only one accessory dwelling unit shall be permitted for each
lot;
[7]
No accessory dwelling unit shall be approved as part of a multiple
dwelling unit or a multifamily development;
[8]
The lot shall conform to the minimum lot area requirement for
the district;
[9]
The principal dwelling unit and the accessory dwelling unit
shall comply with the building code and health and safety regulations;
[10]
Upon establishment of the accessory dwelling unit,
the building shall:
[a]
Maintain the exterior appearance and style (roof
line, roof pitch, building materials, window style and spacing, etc.)
of a single-family residence;
[b]
Have any secondary entrance incorporated into the
principal residence to reflect the architectural style of a single-family
unit; and
[c]
Share access from the public right-of-way and parking
facilities shall serve both the principal and accessory units.
(2)
Agricultural uses.
(a)
Limited farm stand. Limited farm stand between 40 square feet
and 200 square feet in area for the sale of agricultural products,
provided:
[1]
The farm shall contain not less than three acres of land devoted
to growing edible crops and agricultural produce that is available
for sale on the farm;
[2]
Seventy percent of gross sales shall be from agricultural goods
produced on the owner's farm;
[3]
Such farm stand may be located in the front yard and shall be
located at least 10 feet from any side lot line;
[4]
The extent and type of any products to be sold, any activities
to be conducted, and any classes to be offered on the lot shall be
clearly stated in the application or shall be considered to be prohibited;
and
[5]
To ensure public safety, such farm stands are required to provide
parking with adequate ingress and egress not in a public right-of-way
(permeable parking surface is preferred).
(b)
Agricultural processing activities. The storage, packaging,
processing, or bottling of farm products grown on such farm.
(c)
Carriage, wagon, and sleigh rides and animal petting areas,
provided that parking is provided parking with adequate ingress and
egress not in a public right-of-way (permeable parking surface is
preferred).
(d)
Seasonal "pick your own" fruit and vegetables, provided that
parking is provided parking with adequate ingress and egress not in
a public right-of-way (permeable parking surface is preferred).
(e)
Temporary events and accessory food service, such as a banquet,
wedding, wine tasting, or similar event, provided that:
[1]
Such events shall be limited to no more than six in any calendar
year;
[2]
Such events shall not occupy more than 5,000 square feet of
gross floor area, including tents or other temporary shelters;
[3]
No temporary structures, tents, accessory parking or other facilities
necessary to conduct the event shall be located within 100 feet of
the lot line;
[4]
Evidence must be submitted that any food service has been approved
by the Farmington Valley Health District;
[6]
The use of a public address system more than once in any calendar
year is prohibited unless letters of consent from abutting lot owners
are submitted to the ZEO, or that it can be reasonably demonstrated
to the ZEO that the use of such system will not create a nuisance
to surrounding residences; and
[7]
Parking is provided parking with adequate ingress and egress
not in a public right-of-way (permeable parking surface is preferred).
(3)
Home-based business uses.
(a)
Group day-care home. A group day-care home operated by a resident
of the dwelling and licensed under the applicable provisions of the
C.G.S., as amended, provided that:
[1]
There is at least 10,000 square feet of contiguous land available
on the lot;
[2]
Recreation area(s) and structures shall not be located within
the front, side and rear yard setback requirements of the district;
[3]
There is a landscaped buffer between the recreation area(s)
and any adjacent residential properties; and
[4]
Parking and loading areas shall be provided as follows: one
space per four residents, plus one space per employee/caregiver.
(4)
Other accessory uses.
(a)
Temporary storage. A temporary storage (60 to 120 days) structure
of less than 1,025 cubic feet (eight feet by eight feet by 16 feet)
for a period of more than 60 days and less than 120 days in any twelve-month
period provided that such structure shall not be located in a required
side yard setback or rear yard setback.
(b)
Donation drop boxes. One donation drop box may be located on a "nonresidential lot" (as defined under § 470-604B), or on a lot located within a "residence district" occupied by an institutional use (such as a church, school, fire station, community center, or other similar use) subject to the following conditions:
[1]
No donation drop box shall occupy an existing required parking
space, occupy or obstruct an existing travel or pedestrian way, or
be located within a required landscape area;
[2]
All donated materials shall be completely contained within the
box;
[3]
All boxes must be frequently emptied of donated items;
[4]
There shall be no more than 20 donation drop boxes located within
the Town with no more than five such boxes provided by any one organization;
[5]
No donation drop box shall be installed without the prior issuance
of a zoning permit by the Zoning Enforcement Officer (ZEO). Such permit
shall expire one year from the date of issuance, unless a request
for renewal is submitted, and approved by the ZEO;
[7]
Renewal of the zoning permit shall not be permitted for donation
drop boxes that do not meet the standards of this section.
D.
Permitted by special permit and site plan (Commission).
(1)
Accessory dwelling uses.
(a)
Attached accessory dwelling. An accessory dwelling unit within or attached to the main dwelling unit which does not comply with the provisions of § 470-303C.
(b)
Detached accessory dwelling. One accessory dwelling unit detached
from the main dwelling unit, provided that:
[1]
The owner of the lot shall occupy either the principal dwelling
unit or the accessory dwelling unit;
[2]
The lot shall conform to the lot area, lot shape and frontage
requirements for a lot in that Zoning District and the detached accessory
dwelling unit shall be located on the same lot with the primary dwelling
unit to which it is accessory;
[3]
The accessory dwelling unit shall not be billed separately from
the principal dwelling unit for utilities;
[4]
No detached accessory dwelling unit shall be permitted in a
basement or story below the first floor unless more than 25% of the
perimeter of the accessory dwelling unit opens to grade and the ceiling
is more than five feet above that grade;
[5]
No detached accessory dwelling unit shall be permitted within
any accessory building that is located in the front yard, except in
an R-3 District, or that does not meet the minimum yard requirements;
[6]
When a detached accessory dwelling unit is proposed within a
local historic district, the building containing the detached accessory
dwelling unit shall have received a certificate of appropriateness
from the Historic District Commission before being issued a zoning
permit; and
[7]
There shall be approval by the Farmington Valley Health District,
Canton WPCA, and or Water Company, of adequate provision of water
supply and sewage disposal.
(2)
Agricultural uses.
(a)
General farm stand. A general farm stand, provided that:
[1]
At least 50% of gross sales shall be from agricultural goods
produced on the owner's farm, or processed products made from
raw materials that were produced on the owners farm, or purchased
from other farms or farmers markets in the region;
[2]
Such farm shall contain not less than three acres of land devoted
to growing edible crops and agricultural produce that is available
for sale on the premises;
[3]
The farm stand may be located in a front yard and shall not
be located closer than 10 feet to any side lot line;
[4]
The extent and type of any products to be sold, any activities
to be conducted, and any classes to be offered on the premises shall
be clearly stated in the application or shall be considered to be
prohibited;
[5]
Outside displays and sales may include and shall be limited
to agricultural goods or processed products at the farm stand, window
sales of ice cream and baked goods with related tables and seating,
seasonal agricultural products, flowers, and Christmas trees and wreaths;
[6]
Inside displays and sales may include and shall be limited to
vegetables, fruit, produce, flowers, organic produce, honey, herbs,
nuts, jams, baked goods, coffee, dairy and poultry products, smoked
meats, Christmas trees and wreaths;
[7]
In addition to these agricultural products, the sale of locally
produced arts and crafts items may be permitted;
[8]
As an extension of the agricultural retail use, classes in agriculture
and related subjects may be permitted;
[9]
The design, architecture and aesthetics of any proposed farm
stand structure shall reflect and be compatible with existing farm
structures in Canton and the surrounding area; and
[10]
Parking is provided parking with adequate ingress
and egress not in a public right-of-way (permeable parking surface
is preferred). Provided parking shall not exceed three square feet
in area for every one square foot of building footprint of the farm
stand.
(b)
Accessory agricultural buildings and structures - greater than
1,000 square feet on a farm parcel of less than three acres and any
limited farm parcel.
(c)
Commercial animal slaughtering as part of an active farm.
(3)
Home-based business uses.
(a)
Major home-based businesses. A home-based business, provided
that:
[1]
The operator of the home-based business shall live on the lot;
[2]
The major home-based business shall clearly identify how it will comply with the criteria established in § 470-303B(2)(a) and if it will not comply with those criteria, how it will accomplish the intended purpose;
[3]
The major home-based business shall clearly identify how it will comply with the special permit criteria of § 470-902E;
[4]
The major home-based business shall not have more than three
nonresident full- or part-time employees working on the premises;
[5]
The Commission may regulate the hours of operation;
[6]
Any parking, loading or service areas, and number of commercial
vehicles shall be clearly identified on a plan and the Commission
may require that such areas be screened from the view of adjacent
residential lots and from the street with landscaping or other features;
[7]
Any material storage or equipment storage areas shall be clearly
identified on a plan and the Commission may require that such areas
be located inside a building and/or be screened from the view of adjacent
residential lots and from the street with landscaping or other features;
[8]
The Commission may specify the type, location and direction
of any outside illumination;
[9]
The Commission shall require evidence of adequate sanitary and
water service facilities to accommodate employees, clients, and other
uses; and
[10]
The parking and storage of more than one commercial
vehicle shall not be allowed in R1, R2 and R-SL Districts.
(b)
Bed-and-breakfast, major. Bed-and-breakfast, provided that:
[1]
The operator of the bed-and-breakfast shall live on the lot;
[2]
The structure and premises shall meet the minimum lot area and
dimensional requirements for the district in which it is located;
[3]
Such facilities shall not include provisions for cooking in
the rented rooms.
[4]
There shall be adequate provisions for water supply and sewage
disposal as approved by the Farmington Valley Health District and/or
the Canton Water Pollution Control Authority;
[5]
The facility shall be compatible with the character of the surrounding
area;
[6]
The Commission may require parking areas to be screened by fences,
walls or hedges;
[7]
The Fire Marshal and Building Official shall find that the structure
and premises are in satisfactory condition and capable of supporting
the intended use; and
[8]
As part of a special permit, application the applicant may apply for a restaurant Class I, II, or III, outdoor dining, banquet facilities, alcohol sales, massage therapy, or personal service business specific to a spa, allowed under Article IV when accessory to a bed-and-breakfast, provided all other requirements for such uses have been met.
(c)
Short-term rental. The short-term rental of an existing dwelling beyond the limitations of § 470-302A(3)(a)[3].
[Added 7-15-2022]
(5)
Energy-related uses.
(a)
Solar panels. Ground-mounted solar panel(s), provided that such
panel(s):
[1]
Do not exceed 15 feet in height, including all supporting structures;
[2]
Are not located within a front yard;
[3]
Are not located within any required yard setback;
[4]
Are fully screened from any adjacent lot line and the street
line; and
[5]
Are permanently anchored in compliance with the State Building
Code.
(b)
Windmills. Windmills accessory to a permitted use, provided
that:
[1]
The lot shall have at least one acre of land for each windmill;
[2]
No lot shall have more than two windmills;
[4]
No rotor blade(s) shall extend closer than 15 feet to the ground
surface;
[5]
The distance from the windmill to any lot line shall not be
less than the height of the tower, including the top of the sweep
of the blade system. The Commission may modify or waive this requirement
if the tower is engineered to collapse in a manner that would not
impact abutting lots;
[6]
All power transmission lines from the tower to any building
or other structure shall be located underground;
[7]
Television, radio or other communication antennas may be affixed
or otherwise made part of such wind energy conversion system, provided
that such antenna shall not be installed higher than the top sweep
of the blade system;
[8]
No climbing pegs shall be located closer than 12 feet to the
ground level at the base of the structure for freestanding single
pole or guyed tower. A six-foot-high fence with a locking portal shall
be required to enclose lattice towers;
[9]
An automatic braking, governing or feathering system shall be
required to prevent uncontrolled rotation at wind speeds greater than
40 miles per hour; and
[10]
The Commission may consider anticipated noise
generation and its effect on surrounding properties.
(c)
Outdoor wood burning furnaces. Outdoor wood burning furnaces,
as defined by P.A. 05-227 C.G.S. § 22a-174k (as amended),
within R-3 Districts only.
(6)
Other accessory uses and structures.
(a)
Utility. Utility structures, including new facilities and any
major expansion over or in addition to existing facilities.
(b)
Temporary facility. A temporary building or use, including a
nonconforming use, shown to be necessary pending construction of a
conforming building or use, for one year, but renewal permits for
successive periods of may be granted.
(c)
Equipment storage. Storage of nonfarm vehicles, construction equipment (such as backhoes), or other equipment beyond the limitations of § 470-303B(6)(e).
(d)
Storage of fuel. Storage of liquid fuel in tanks having a capacity
exceeding 2,000 gallons, provided such storage shall not be located
in a required yard setback.
(e)
Temporary storage. A temporary storage (more than 120 days)
structure of less than 1,025 cubic feet (eight feet by eight feet
by 16 feet) for a period of more than 120 days in any twelve-month
period, provided that such structure shall not be located in a required
side yard setback or rear yard setback.
A.
Minimum lot area.
(1)
Except as may be otherwise provided in these regulations, a
lot shall contain at least the lot area specified below for the Zoning
District it is in:
|
Table 470-304A
Minimum Lot Area
| ||||
|---|---|---|---|---|
|
District
|
Front Lot
|
Rear Lot
| ||
|
Square Feet
|
Acres
|
Square Feet
|
Acres
| |
|
R-1
|
21,780
|
0.5
|
32,685
|
0.75
|
|
R-2
|
43,560
|
1.0
|
65,340
|
1.5
|
|
R-3
|
87,120
|
2.0
|
130,680
|
3.0
|
|
R-SL
|
21,780
|
0.5
|
32,685
|
0.75
|
|
See definition of lot area for guidance on how to measure lot
area.
|
B.
Minimum square.
(1)
Each lot shall be of such configuration that a minimum square
(See Diagram 2.5 - Minimum Square) of 100 linear feet per side will
fit within the lot.
|
Table 470-304B
Minimum Square
| |
|---|---|
|
District
|
Minimum Square
(linear feet per side)
|
|
R-1
|
100
|
|
R-2
|
100
|
|
R-3
|
100
|
|
R-SL
|
100
|
C.
Minimum lot frontage.
(1)
Except as may be otherwise provided in these regulations, every
front lot shall contain at least the following frontage upon a public
street for the Zoning District in which the lot is situated:
|
Table 470-304C
Minimum Lot Frontage
| |
|---|---|
|
District
|
Minimum Frontage
(Linear Feet)
|
|
R-1
|
100
|
|
R-2
|
150
|
|
R-3
|
200
|
|
R-SL
|
100
|
(3)
In the case of a corner lot, the minimum frontage shall be measured
along both front lot lines,
D.
Rear lots.
(1)
Rear lots in residential districts may be permitted through
the granting of a special permit by the Commission during the subdivision
approval process. A special permit shall not be required for a lot
not subject to subdivision.
(2)
Rear lots shall be permitted only in residential districts,
provided that:
(a)
The rear lots conform to all requirements prescribed for the
district in which they are located except that the front yard setback
and the lot area shall be at least 1 1/2 times the minimum such
requirement for the district. In computing lot area, the access way,
whether owned in fee or over an easement area, extending from the
front lot line to the public roadway shall not be counted towards
satisfying this requirement;
(b)
The rear lots shall be provided with an access way at least
30 feet wide to a public street unless the access way serves more
than one lot or if such lot is more than three times the minimum lot
size required for the district in which case such access way shall
contain at least 50 feet of width. The access way of land shall be
owned in fee by the owner of the rear lot, except where:
[1]
The Commission approves more than one rear lot and where such
lots will utilize a common access way. In this instance, one of the
approved rear lots shall own the access way in fee while the others
shall be granted easement rights for access and the installation and
maintenance of utilities; or
[2]
The Commission determines that ownership of the access way by
the rear lot is not necessary and that the rear lot is best served
by an easement over the front lot.
(c)
Accessways serving rear lots shall have an adequate all-weather
surface for their entire length and for a ten-foot width.
(d)
Common access ways may serve up to a maximum of two rear lots
and, where determined to be appropriate by the Commission, the two
adjacent front lots, and shall adhere to the following:
[1]
The common portion must be all-weather surface;
[2]
The width of the access ways hall be a minimum of 12 feet; and
[3]
A maintenance agreement shall be reviewed for appropriate elements
and shall be filed in the Canton land records for the lots affected
by such agreement prior to the issuance of any building permits for
the lots affected.
(e)
A landscape buffer shall be provided within the rear lot and
along the access way when the Commission determines such buffer is
necessary to ensure that the development of rear lots will be in harmony
with surrounding areas and protect existing dwellings; and
(f)
Where a proposed rear lot abuts a front lot which is under the
control of the applicant then such front lot shall observe a rear
yard setback of 50 feet.
(3)
The Commission may modify the above requirements when it determines
that the rear lots and the access thereto will be in harmony with
the surrounding area and preserve the public health, safety, welfare
and property values.
(4)
The Commission shall require a written comment for each rear
lot from the Fire Marshal, Fire Chief, and Chief of Police as to the
impact of the access way to each such rear lot on fire and police
protection.
E.
Minimum yard setbacks.
(1)
Principal structures. Except as may be otherwise provided in
these regulations (see Table 2.1) every principal structure shall
comply with the following required minimum yard setbacks.
|
Table 470-304E(1)
Minimum Yard Setbacks, Principal Structures
| |||
|---|---|---|---|
|
District
|
Front Yard
(feet)
|
Side Yard
(feet)
|
Rear Yard
(feet)
|
|
R-1
|
40
|
10
|
30
|
|
R-2
|
40
|
20
|
30
|
|
R-3
|
40
|
20
|
30
|
|
R-SL
|
10
|
10
|
30
|
(2)
Accessory structures. Except as may be otherwise provided in these regulations (see Table 2.1), every accessory structure shall comply with the following required minimum yard setbacks and accessory structures shall be permitted within a front yard in the R-3 District only [except farm stands, fences and walls per § 470-304E(6), and temporary storage].
|
Table 470-304E(2)
Minimum Yard Setbacks, Accessory Structures
| |||
|---|---|---|---|
|
District
|
Front Yard
(feet)
|
Side Yard
(feet)
|
Rear Yard
(feet)
|
|
R-1
|
40
|
10
|
10
|
|
R-2
|
40
|
15
|
15
|
|
R-3
|
40
|
20
|
20
|
|
R-SL
|
10
|
10
|
10
|
(3)
Additional principal structures setback from nonresidential
uses. When a proposed residential subdivision abuts an existing nonresidential
use, the yard setback for a principal structure adjoining the nonresidential
lot shall be increased by 20 feet. This additional setback may be
waived by the Commission, provided it finds that:
(a)
The design of the proposed residential lot(s) provides adequate
separation and buffering between the proposed residential use and
the existing and anticipated nonresidential uses;
(b)
A suitable landscape buffer or berm will be provided to adequately
separate and buffer the residential use from the existing and anticipated
nonresidential uses; and
(c)
Existing topography, natural vegetation, or other existing features
of the lot(s) provide adequate separation and buffering between the
existing and anticipated nonresidential uses.
(4)
Rear yard required. A rear yard setback shall be required on
every lot or portion thereof in a residential district, except on
a corner lot, a through lot, or a pie-shaped lot.
(5)
Front yard setbacks on corner lots. With respect to a corner
lot, the front yard setback requirements shall apply to both abutting
streets.
(6)
Fences and walls. Required setbacks shall not apply to fences six feet or less in height, per Table 2.1; however electric or barbed wire fences shall be set back from the lot line a minimum of 10 feet and shall comply with the provisions of § 470-707. Required setbacks shall not apply to walls four feet or less in height per Table 2.1.
(7)
Front yard setback exception. When the minimum frontage for a front lot will be met along the front yard setback line instead of the street line [as per § 470-304C(2)], the front yard setback shall be measured from a line parallel to the street line where the width of the lot equals the minimum width requirement for the Zoning District.
|
Diagram 470-304E(7) - Front Yard Setback Exception
 Front Yard Setback Exception.tif.png "Diag 470-304E(7) Front Yard Setback Exception.tif") |
(8)
Building projections. Typical residential building projections
may extend into any required yard setback in accordance with Table
2.1.
(9)
Front yard setback exception in R-SL. Expansions are allowed
to the rear of a nonconforming structure (within the front yard setback)
as long as the expansion is no more nonconforming.
F.
Maximum coverage.
(1)
Building coverage in the Residential (R) Districts shall not
exceed the following, except as may be otherwise provided in these
regulations:
|
Table 470-304F(1)
Building Coverage
| |
|---|---|
|
District
|
Maximum Building Coverage
|
|
R-1
|
15%
|
|
R-2
|
15%
|
|
R-3
|
10%
|
|
R-SL
|
15%
|
(2)
Except as may be otherwise provided in these regulations, impervious
coverage [in the Residential (R) Districts] shall not exceed the following:
|
Table 470-304F(2)
Impervious Coverage
| |
|---|---|
|
Lot Area
|
Maximum Impervious coverage
|
|
Less than 1 acre
|
50%
|
|
1 to 2 acres
|
40%
|
|
2 to 4 acres
|
30%
|
|
More than 4 acres
|
20%
|
(3)
Coverage exception for agricultural buildings and structures. The Commission may allow increases in building and impervious coverage, specific to agricultural buildings and structures, beyond the standards of § 470-304F(1) and (2), provided standards of § 470-402D(5) are met.
G.
Maximum height.
(1)
Except as may otherwise be provided in Subsection G(3), (4), (5), or (6) below, no principal building shall exceed the following maximum building height or number of stories:
|
Table 470-304G(1)
Height, Principal Building
| ||
|---|---|---|
|
District
|
Maximum Height
(feet)
|
Maximum Height
(stories)
|
|
R-1
|
35
|
2.5
|
|
R-2
|
35
|
2.5
|
|
R-3
|
35
|
2.5
|
|
R-SL
|
35
|
2.5
|
(2)
Except as may otherwise be provided in Subsection G(3), (4), or (5) below, no accessory building shall exceed the following maximum building height or number of stories:
|
Table 470-304G(2)
Height, Accessory Building
| ||||
|---|---|---|---|---|
|
District
|
Maximum Height
(feet)
|
Maximum Height
(stories)
|
Maximum Height
(feet)
|
Maximum Height
(stories)
|
|
{if within minimum yard setbacks for accessory structures [Table
470-304E(2)]}
|
{if within minimum yard setbacks for principal structures [Table
470-304E(1)]}
| |||
|
R-1
|
12
|
1.0
|
35
|
2.5
|
|
R-2
|
12
|
1.0
|
35
|
2.5
|
|
R-3
|
15
|
1.5
|
35
|
2.5
|
|
R-SL
|
12
|
1
|
35
|
2.5
|
(3)
Height exception for architectural building elements. The Commission
may, by special permit, allow a maximum total building height:
(a)
Up to 50 feet for peaked roof forms; parapets over entrances;
and mechanical equipment (including but not limited to water tanks;
elevators and elevator mechanicals; and/or heating, ventilating, air
conditioning or similar equipment) on a roof provided that such equipment:
(4)
Height exception for agricultural buildings and structures.
Agricultural buildings and structures may be allowed to a height of
50 feet as an accessory building, subject to the issuance of a zoning
permit.
(5)
Height exception for detached accessory dwellings. The Commission
may allow the maximum height requirement to be exceeded for a detached
accessory dwelling (up to the height limitation for a principal structure)
at the time the special permit for such accessory dwelling is reviewed.
(6)
Height exception for dwellings. Within the R-3 District, the
maximum height of a primary dwelling may be increased to 45 feet provided
the structure is set back from the street and any property line a
minimum distance equal to three times its height.
A.
Purpose. This section is intended to enable more flexible residential
development patterns which can help preserve Canton's rural character
and preserve more open space while conforming to the overall residential
density and open space objectives of the Town.
B.
Recommended process. It is strongly recommended that, prior to the
submission of a subdivision application, that a pre-application meeting
be requested with the Commission and Town staff in order to evaluate
the criteria and requirements contained in this section.
C.
Eligibility criteria. The Commission may allow for the development of an open space subdivision where lots will not meet the dimensional standards of § 470-304, provided that it finds that the open space subdivision shall conform to the following requirements:
(1)
It contains at least five acres if located in the R-2 District,
and at least 10 acres if located in the R-3 District;
(2)
It complies in all respects with the Zoning Regulations and
the Subdivision Regulations except as provided in this section;
(3)
Each lot shall have a water supply system approved by the Farmington
Valley Health District, water company or other regulatory authority
acceptable to the Commission; and
(4)
Each lot shall have a sewage disposal system approved by the
Farmington Valley Health District or plan review approval by the Canton
Water Pollution Control Authority.
D.
General standards.
(1)
A minimum of 33% of the subject parcel shall be designated and
reserved in perpetuity as open space by one of the following:
(a)
Deeded to the Town;
(b)
Deeded to the Canton Land Conservation Trust, Inc.;
(c)
Held in corporate ownership by the owners of the lots within
the subdivision and such other nearby landowners who may wish to become
members of the corporation. However, membership in said corporation
shall be mandatory for all residents of the proposed subdivision.
In the case of corporate ownership, the developer shall include in
the declaration or deed to the owners of the building lots the membership
stipulation and the beneficial right of the use of the open space;
or
(d)
A combination of the above.
(2)
Unless otherwise determined by the Commission, such open space
shall be accessible to the public by street or pedestrian way;
(3)
Such open space shall not be fenced in, gated, separated, or
fragmented in any way;
(4)
Unless otherwise approved by the Commission, provisions shall
be made by the developer, prior to endorsement by the Commission,
for the permanent disposition, reservation, operation, and maintenance
of such open space land, and the recording of appropriate documentation
in the Canton land records. Such provisions must be satisfactory to
the Commission.
E.
Area and dimensional requirements. The height, area, and yard requirements of § 470-304 shall apply unless and except as modified by this section:
|
Table 470-305E
Dimensional Requirements, Open Space Subdivision
| ||
|---|---|---|
|
R-2
|
R-3
| |
|
Minimum contiguous buildable area (acres)
Areas consisting of wetlands, watercourses, or steep slopes
in excess of 25% may not be used for compliance with this requirement.
|
0.25
|
0.50
|
|
Maximum density (dwelling units/acre)
|
1.3
|
0.8
|
|
Minimum lot frontage (feet)
| ||
|
If on an existing street
|
75
|
100
|
|
If on a new street internally located on the parcel
|
50
|
65
|
|
Minimum front yard setback (feet)
| ||
|
If on an existing street
|
25
|
25
|
|
If on a new street internally located on the parcel
(feet)
|
15
|
15
|
|
Minimum side yard setback (feet)
|
15
|
15
|
|
Minimum rear yard setback (feet)
|
15
|
15
|
|
Maximum building coverage
|
30
|
30
|
|
Maximum impervious coverage
|
50
|
50
|
|
Minimum open space percentage
|
33%
|
33%
|
