Town of Canton, CT Residential (R) Districts

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.

Agricultural uses. Agriculture and farming.

Residential uses.

[Added 7-15-2022]

Short-term rental. The short-term rental of an existing dwelling, provided that:

Such rental use shall be limited to those portions of a structure covered by a certificate of occupancy for a dwelling.

All portions of the rented dwelling used for sleeping shall have emergency escape and rescue opening in conformance with the Connecticut State Building Code.

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).

Short-term rental is separate and apart from a boarding house [§ 470-302C(1)(a)].

Short-term rental of dwellings as part of documented affordable housing units is prohibited.

Permitted with zoning permit (staff).

Residential uses, provided that 15% of all units, rounded down to the nearest whole number, shall be income restricted affordable housing dwelling units meeting the income criteria of C.G.S. § 8-30g(k), as enforced by state regulations, a minimum of 50% of the affordable dwellings must meet 60% income threshold requirements.

[Amended 9-20-2023]

One single-family dwelling unit per parcel.

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).

Temporary healthcare structures for use by mentally or physically impaired persons in accordance with the provisions of Section 1 of Public Act 17-55.

Permitted by special permit and site plan approval (Commission).

Residential uses.

A boarding house.

A group home.

A continuing life care community home.

A two family dwelling per parcel, provided that 15% of all units, rounded down to the nearest whole number, shall be income-restricted affordable housing dwelling units meeting the income criteria of C.G.S. § 8-30g(k), for a period of 40 years after the initial certificate of occupancy for the building that houses the subject dwelling unit, as enforced by state regulations, and a minimum of 50% of the affordable dwellings must meet 60% income threshold requirements.

[Amended 9-20-2023]

Recreation uses.

Riding stables, equestrian clubs, polo clubs, provided that:

The parcel contains at least 10 acres;

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

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.

Horse shows, provided that:

The parcel contains at least 50 acres;

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

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.

A day camp, provided that:

There shall be a minimum of 2,000 square feet of site area for each camper;

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;

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

No outdoor floodlighting or public address system shall be permitted.

Residential summer camp, provided that:

The parcel contains at least 50 acres;

At least 40% of the gross land area of the camp is maintained for open space or passive recreational use;

Active recreational areas shall be provided and shall be centrally and strategically located to the extent possible;

Recreational facilities and buildings shall not be located within designated open space areas unless expressly permitted elsewhere by the Commission; and

A recreational facilities plan shall be submitted as part of the site plan.

Institutional uses.

[Added 8-30-2023]

Educational institutions, public or private schools, subject to the standards of § 470-604E.

Places of worship, cemeteries, convalescent home, residential health care facility, skilled nursing facility, rehabilitation facility, assisted living facility, congregate housing, and similar uses, subject to the standards of § 470-604E.

§ 470-303 Accessory uses and structures.

General limitation.

Accessory buildings, structures and uses shall be located on the same lot as the principal building, structure or use to which they are accessory.

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.

Accessory uses and structures are permitted as provided in this section, provided that:

Accessory buildings shall be included in the maximum building coverage specified in Table 470-304F(1); and

Accessory structures shall comply with the minimum yard setbacks for accessory structures on Table 470-304E(2).

Permitted as of right.

Agricultural and animal-related uses and structures.

Agriculture and farming operations.

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.

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.

Accessory agricultural buildings and structures, provided that:

Such structures shall not be located closer than 100 feet from any street line and 50 feet from any lot line;

Buildings housing livestock and/or animal waste and refuse on any parcel shall be located at least 100 feet from any lot line; and

Agricultural buildings and structures less than 1,000 square feet on any limited farm.

[Amended 8-30-2023]

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:

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;

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;

(h)

Poultry. The keeping of poultry by residents for their personal use and enjoyment, provided that:

The lot shall contain at least 1/2 acre of land; and

There shall be no more than 10 fowl per every 1/2 acre.

Home-based business uses.

Home-based business, minor. A home-based business located within the principal dwelling and operated by a resident of the premises, provided that:

The home-based business shall not have more than one nonresident (of the premises) full or part time employee working on the premises;

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

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

[i]

Have signs in addition to those allowed by § 470-703C.

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.

Bed-and-breakfast, minor. Bed-and-breakfast, provided that:

The owner of the bed-and-breakfast shall live on the lot;

The bed-and-breakfast shall be limited to three or fewer guests;

Rented rooms shall be accessed from within the structure;

The structure and premises shall meet the minimum lot area and dimensional requirements for the district in which it is located; and

Such facilities shall not include provisions for cooking in the rented rooms.

Parking uses and structures.

Outside parking. Outside parking of up to six automobiles and one commercial vehicle, provided that:

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;

Such parking shall be in accordance with any other provisions of these regulations and other applicable laws and ordinances; and

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.

Typical accessory structures.

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.

Shed uses.

Minor accessory building. One or more minor accessory building(s).

Other accessory uses.

Outdoor lighting. Outdoor residential lighting in accordance with § 470-704.

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.

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:

At no time shall such equipment be occupied or used for living, sleeping or housekeeping purposes;

There shall be no connections to any utility service, including electrical, heat, water and sewage disposal service;

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);

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

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.

Equipment storage. Storage of nonfarm vehicles, construction equipment (such as backhoes), or other equipment provided that such equipment is:

Located within a garage or an accessory building; or

Screened from the street or from surrounding property.

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.

Permitted with zoning permit (staff).

Accessory dwelling uses and structures.

Attached or detached accessory dwelling. One accessory dwelling unit within or attached to the main dwelling unit, provided that it conforms to all of the following requirements:

[Amended 12-21-2022]

The owner of the lot shall occupy either the principal dwelling unit or the accessory dwelling unit;

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, or one thousand square feet, whichever is less;

The accessory dwelling unit shall not be billed separately from the principal dwelling unit for utilities;

(Reserved)[1]

Editor's Note: Former Subsection C(1)(a)[4], regarding accessibility by operable door, was repealed 12-21-2022.

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;

Only one accessory dwelling unit shall be permitted for each lot;

No accessory dwelling unit shall be approved as part of a multiple dwelling unit or a multifamily development;

The lot shall conform to the minimum lot area requirement for the district;

The principal dwelling unit and the accessory dwelling unit shall comply with the building code and health and safety regulations;

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.

One temporary healthcare structure per lot in conformance with C.G.S. § 8-1bb.

[Added 8-30-2023]

Agricultural uses.

Limited farm stand. Limited farm stand between 40 square feet and 200 square feet in area for the sale of agricultural products, provided:

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;

Seventy percent of gross sales shall be from agricultural goods produced on the owner's farm;

Such farm stand may be located in the front yard and shall be located at least 10 feet from any side lot line;

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

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).

Agricultural processing activities. The storage, packaging, processing, or bottling of farm products grown on such farm.

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).

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).

Temporary events and accessory food service, such as a banquet, wedding, wine tasting, or similar event, provided that:

Such events shall be limited to no more than six in any calendar year;

Such events shall not occupy more than 5,000 square feet of gross floor area, including tents or other temporary shelters;

No temporary structures, tents, accessory parking or other facilities necessary to conduct the event shall be located within 100 feet of the lot line;

Evidence must be submitted that any food service has been approved by the Farmington Valley Health District;

Any temporary outdoor lighting necessary to conduct the event shall comply with § 470-704;

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

Parking is provided parking with adequate ingress and egress not in a public right-of-way (permeable parking surface is preferred).

Home-based business uses.

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:

There is at least 10,000 square feet of contiguous land available on the lot;

Recreation area(s) and structures shall not be located within the front, side and rear yard setback requirements of the district;

There is a landscaped buffer between the recreation area(s) and any adjacent residential properties; and

Parking and loading areas shall be provided as follows: one space per four residents, plus one space per employee/caregiver.

Other accessory uses.

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.

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:

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;

All donated materials shall be completely contained within the box;

All boxes must be frequently emptied of donated items;

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;

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;

Donation drop boxes are not subject to the provisions of § 470-901, Site development plans; and

Renewal of the zoning permit shall not be permitted for donation drop boxes that do not meet the standards of this section.

Permitted by special permit and site plan (Commission).

Accessory dwelling uses.

Attached or detached accessory dwelling. An accessory dwelling unit which does not comply with the provisions of § 470-303C.

[Amended 12-21-2022]

(Reserved)[2]

Editor's Note: Former Subsection D(1)(b), regarding detached accessory dwellings, was repealed 12-21-2022.

Agricultural uses.

General farm stand. A general farm stand, provided that:

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;

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;

The farm stand may be located in a front yard and shall not be located closer than 10 feet to any side lot line;

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;

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;

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;

In addition to these agricultural products, the sale of locally produced arts and crafts items may be permitted;

As an extension of the agricultural retail use, classes in agriculture and related subjects may be permitted;

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

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.

Accessory agricultural buildings and structures beyond the limitations of § 470-303B(1)(d).

[Amended 8-30-2023]

Commercial animal slaughtering as part of an active farm.

Home-based business uses.

Major home-based businesses. A home-based business, provided that:

The operator of the home-based business shall live on the lot;

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;

The major home-based business shall clearly identify how it will comply with the special permit criteria of § 470-902E;

The major home-based business shall not have more than three nonresident full- or part-time employees working on the premises;

The Commission may regulate the hours of operation;

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;

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;

The Commission may specify the type, location and direction of any outside illumination;

The Commission shall require evidence of adequate sanitary and water service facilities to accommodate employees, clients, and other uses; and

The parking and storage of more than one commercial vehicle shall not be allowed in R1, R2 and R-SL Districts.

Bed-and-breakfast, major. Bed-and-breakfast, provided that:

The operator of the bed-and-breakfast shall live on the lot;

The structure and premises shall meet the minimum lot area and dimensional requirements for the district in which it is located;

Such facilities shall not include provisions for cooking in the rented rooms.

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;

The facility shall be compatible with the character of the surrounding area;

The Commission may require parking areas to be screened by fences, walls or hedges;

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

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.

Short-term rental. The short-term rental of an existing dwelling beyond the limitations of § 470-302A(3)(a)[3].

[Added 7-15-2022]

Parking uses.

Outside parking. Outside parking on a lot of:

More than six automobiles;

One or more vehicle with a gross vehicle weight rating of 16,000 pounds or more.

Energy-related uses.

Solar panels. Ground-mounted solar panel(s), provided that such panel(s):

Do not exceed 15 feet in height, including all supporting structures;

Are not located within a front yard;

Are not located within any required yard setback;

Are fully screened from any adjacent lot line and the street line; and

Are permanently anchored in compliance with the State Building Code.

Windmills. Windmills accessory to a permitted use, provided that:

The lot shall have at least one acre of land for each windmill;

No lot shall have more than two windmills;

No windmill structure shall:

[a]

Exceed 80 feet in total building height;

[b]

Be located within a front yard; and

[c]

Be located in any required yard setback.

No rotor blade(s) shall extend closer than 15 feet to the ground surface;

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;

All power transmission lines from the tower to any building or other structure shall be located underground;

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;

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;

An automatic braking, governing or feathering system shall be required to prevent uncontrolled rotation at wind speeds greater than 40 miles per hour; and

The Commission may consider anticipated noise generation and its effect on surrounding properties.

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.

Other accessory uses and structures.

Utility. Utility structures, including new facilities and any major expansion over or in addition to existing facilities.

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.

Equipment storage. Storage of nonfarm vehicles, construction equipment (such as backhoes), or other equipment beyond the limitations of § 470-303B(6)(e).

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.

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.

§ 470-304 Area and dimensional requirements.

Minimum lot area.

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
District	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.

Minimum square.

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

Minimum lot frontage.

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

The minimum frontage for a front lot may be measured along the front yard setback line when:

The side lot lines converge toward the street; and

The average width of the lot exceeds the frontage requirement for the district in which it is located.

In the case of a corner lot, the minimum frontage shall be measured along both front lot lines,

Rear lots.

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.

Rear lots shall be permitted only in residential districts, provided that:

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;

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:

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

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.

Accessways serving rear lots shall have an adequate all-weather surface for their entire length and for a ten-foot width.

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:

The common portion must be all-weather surface;

The width of the access ways hall be a minimum of 12 feet; and

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.

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.

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.

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.

Minimum yard setbacks.

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

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

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:

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;

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

Existing topography, natural vegetation, or other existing features of the lot(s) provide adequate separation and buffering between the existing and anticipated nonresidential uses.

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.

Front yard setbacks on corner lots. With respect to a corner lot, the front yard setback requirements shall apply to both abutting streets.

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

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.

Maximum coverage.

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%

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%

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.

Maximum height.

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

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)
District	{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

Height exception for architectural building elements. The Commission may, by special permit, allow a maximum total building height:

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:

Does not occupy more than 25% of the area of the roof; and

Is screened from the view of adjacent residential properties and the street.

In excess of 50 feet for ornamental cupolas, belfries, chimneys, steeples, flag poles, towers and antennas (as regulated under § 470-804), silos and water tanks.

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.

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.

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.

§ 470-305 Open space subdivisions.

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.

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.

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:

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;

It complies in all respects with the Zoning Regulations and the Subdivision Regulations except as provided in this section;

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

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.

General standards.

A minimum of 33% of the subject parcel shall be designated and reserved in perpetuity as open space by one of the following:

Deeded to the Town;

Deeded to the Canton Land Conservation Trust, Inc.;

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

A combination of the above.

Unless otherwise determined by the Commission, such open space shall be accessible to the public by street or pedestrian way;

Such open space shall not be fenced in, gated, separated, or fragmented in any way;

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.