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Enfield City Zoning Code

ARTICLE IV

- RESIDENTIAL DISTRICTS

Section 4.00. - Purposes.

The purpose of residential zoning districts is to encourage the construction of a variety of single family and other appropriate residential developments; to encourage the creative reuse of existing older buildings to meet the needs of Enfield's citizens; and to encourage quality residential development with adequate public services throughout the town.

(Ord. of 12-9-2021)

Section 4.10. - Area and bulk requirements.

The following table establishes the Jot, yard, and bulk requirements for the residential zones. Except as herein otherwise provided, no lot shall have an area or width less than indicated in the table below.

Unless otherwise provided for in these regulations, only one principal building is permitted on a lot. A building may contain two dwelling units, except in the HR-33 Zone, where it may contain only one dwelling unit or in the MFHD, a building may contain up to ten dwelling units.

In addition, no building, accessory building, or structure — inclusive of any decks, porches, steps, or loading docks, decks, porches, or steps attached to or otherwise associated with such building or buildings — shall encroach upon the minimum setbacks front, side and rear yards indicated below, nor shall they cover a greater area nor shall they exceed in height the amount set forth in the following table.

Table 4.10 Area and Bulk Requirements

Minimum Lot and Area Requirements Maximum Requirements
District Lot Area Frontage Setbacks Lot Width Density (dwelling units/acre) Coverage (building or structures) Impervious Coverage Height
Front Yard Side Yard Rear Yard
R-33 33,000 s.f. 150 ft. 40 ft. 25 ft. 50 ft. 1.25 20% 35 ft.
HR-33 33,000 s.f. 150 ft. 40 ft. 25 ft. 50 ft. 1.25 20% 35 ft.
OS R-33 25,000 s.f. 125 ft. 35 ft. 1 20 ft. 40 ft. 150 ft. 1 2 20% 35 ft.
R-33-Rear Lot 2 66,000 s.f. 25 ft. 50 ft. 25 ft. 50 ft. 150 ft. 1 15% 35 ft.
R-44 44,000 s.f. 175 ft. 50 ft. 35 ft. 60 ft. 1 15% 35 ft.
OS-44 33,000 s.f. 150 ft. 40 ft 1 30 ft. 50 ft. 175 ft. 1 1.25 20% 35 ft.
R-44-Rear Lot 88,000 s,f. 25 ft. 50 ft. 25 ft. 50 ft. 150 ft. 1 15% 35 ft.
R-88 88,000 sf. 175 ft. 50 ft. 35 ft. 60 ft. 0.5 10% 35 ft.
OS R-88 44,000 s.f. 175 ft. 50 ft. 1 35 ft. 60 ft. 200 ft. 1 1 15% 35 ft.
R-88-Rear Lot 4 132,000 s.f. 25 ft. 50 ft. 25 ft. 50 ft. 150 ft. 1 15% 35 ft.
MFHD 8 60 acres 5 175 1 50 ft. 6 35 ft. 6 50 ft. 6 10 7 30% 66% 35 ft.
Note: Maximum story height in all zones is 2½ stories

 

4.10.1. Notes to Table 4.10—Area and Bulk Requirements

1.

On existing street

2.

Rear lots in Single Family Open Space Subdivisions shall have a minimum lot size of 50,000 square feet.

3.

Rear lots in Single Family Open Space Subdivisions shall have a minimum lot size of 66,000 square feet.

4.

Rear lots in Single Family Open Space Subdivisions shall have a minimum lot size of 88,000 square feet.

5.

Only existing lots of 60 acres as of 8/1/12 are eligible. This requirement does not apply to Single-Family Detached Dwelling Units. (Revised 12/9/21)

6.

may require an "A" Buffer Yard when a Special Permit is being approved for such a lot abutting another lot in a Residential District. An "A" Buffer Yard is 25 feet deep. Front, Side and Rear Yard areas can be used to satisfy this Buffer Yard requirement.

7.

Per developable acre (See definitions)

8.

The Area and Bulk requirements for Single-Family Detached Dwelling Units are found in 4.70.6I (Added 12/9/2021)

4.10.2. Cellar and foundation requirements. All buildings used for residential purposes shall have a full cellar and foundation beneath the finished floor area. The minimum height of the cellar shall be seven feet. Additions to the residential building, on slab-type construction or utilizing cellars with less than seven feet in height are permitted, but shall not exceed 50 percent of the original floor area of the building, excluding garages, porches, and breezeways. Portions of the building used for residential purposes which utilize a floor slab as a solar energy retention element of passive solar system may be exempt from the above requirement provided compliance with the intent of this section shall be determined by the commission. Notwithstanding the foregoing, Slab-type construction, without full cellar and foundation beneath the finished floor area, shall be permitted in the MFHD where each individual dwelling unit has a dedicated garage.

Manufactured homes may be built with slab-type construction. One hundred percent of the floor area shall include a frost wall or otherwise meet frost protection providing of the State Building Code. Finished floor must sit at least 28 inches above grade.

4.10.3. Special requirements for legal non-conforming lots under 33,000 square feet.

A.

Any new construction on a legal non-conforming lot under 33,000 sq. ft. of area developed prior to (effective date of these regulations) shall meet the following requirements:

Minimum Front Yard: 35 feet
Maximum Lot Coverage: 20%
Minimum Yard Setbacks:
 Front and Rear: 35 feet
 Side: 10 feet
Maximum Building Height: 35 feet and not to exceed 2½ stories
Minimum Total Finished Floor Area: 1,200 square feet
Minimum Total First Floor Area in Two Story Building: 800 square feet

 

B.

See also section 3.40 for general requirements for non-conforming uses, structures, and lots.

(Ord. of 12-9-2021; Ord. of 3-26-2025(1))

Section 4.20. - Use requirements.

The following table establishes use requirements for residential districts.

Table 4.20 Use Table for Residential Districts

Uses HR-33 R-33 R-44 R-88 MFHD
Accessory Apartments SP SP SP SP
Agricultural Activities (1) SP SP SP SP
Assisted Living Facilities SP SP SP
Bed and Breakfast Inns, Boarding/Rooming Houses (2) SP SP SP SP
Cemeteries SP SP SP SP
Child and Adult Day Care Facilities SP SP SP SP
Commercial/Recreational Vehicles or Boats (3) A/SP A/SP A/SP A/SP
Community Residences, Mentally Ill Adults
Community Residences, Mentally Retarded Persons R R R R
Continuing Care Retirement Communities SP SP SP SP
Conversion of Buildings for Residential Use SP SP SP
Duplex Residences SP SP SP
Family and Group Day Care Facilities (4) R R R R
Farms (5) R R R R
Farm Brewery…Winery (1/13/22) SP SP SP SP
Golf Courses (6) SP SP SP
Governmental Buildings and Offices/Facilities SP SP SP SP
Helicopter Landing - Temporary (See Sec. 4.60.9) S/SP S/SP S/SP S/SP
Home Occupations, Home Professional Offices (7) A/SP A/SP A/SP A/SP
Housing for the Elderly SP SP SP SP
Multi-family Residential Uses SP (13) SP
Non-profit Homeless Shelters, Housing SP SP SP SP
Non-profit Residential Housing SP SP SP SP
Parking A A A A
Places of Worship SP SP SP SP
Public Utility Buildings/Facilities SP SP SP SP
Renting of Rooms to No More Than Two Guests (11) A A A A
Schools, Public and Private (8) SP SP SP SP
Senior Residential Developments SP SP SP
Single-Family Residences (9) R R R R
Solar Energy Systems, Small-Scale (12) A A A A
Swimming Pools A A A A
Tool, garden, and other out buildings (10) A A A A
Undertaking/Funeral Businesses SP
Wireless Communications Facilities SP SP SP SP

 

* Uses allowed by right still require a zoning permit

4.20.1. Notes to Use Table.

(1)

Agricultural activities which require a special permit include: all processing or manufacturing of agricultural products, whether such products are grown on or off the premises; the storage of all agricultural products produced or grown off the premises; and roadside stands larger than 200 square feet in size, for the sale of any and all farm products, regardless of where the products are processed or manufactured. The majority of all products sold at the roadside stand must be raised or produced on the premises. For the purposes of this use, off the premises means that the growing and processing/storage of products takes place on property under different ownership than the property upon which the products are sold. Farmworker housing is an accessory use by right with a zoning permit.

(2)

Bed and breakfast inns, boarding houses and rooming houses must maintain the appearance of owner-occupied residential buildings.

(3)

All recreational vehicles must be stored inside garages or to the rear of the existing front building line. Commercial vehicles in residential districts are allowed only in accordance with section 3.30.13 of these regulations. (amended 11/25/03)

(4)

New buildings and new or renovated landscaping shall conform to general standards of the surrounding neighborhood. When family day care facilities are proposed in buildings containing more than one dwelling unit, a special permit from the commission is required.

(5)

All farm buildings and uses, other than farmworker housing and the growing of crops and raising of livestock, shall meet special permit standards. Farmworker housing is an accessory use by right with a zoning permit. A farm stand of less than 200 square feet in size is permitted as of right; such farm stand shall be at least 20 feet from the street line and at least 100 feet from any intersection. Buildings used for the storage of agricultural products are an accessory use. Operating dairy farms may sell products raised or produced on such farms at farm stands or from buildings on the premises. Buildings used for the storage of motor vehicles and equipment used in the operation of the farm are permitted as an accessory use. The repair of such vehicles and equipment within buildings on the farm is permitted. Commercial piggeries, fur farms, goat farms and similar uses are prohibited.

(6)

Restaurants with full liquor or beer and wine permits may be permitted by the commission, except in the HR-33 district, as an accessory use to a golf course. Such use shall require a special permit. Both the golf course and restaurant use shall be on the same parcel and under the same ownership. The use of any portion of the premises as a tavern, cocktail lounge, nightclub, or discotheque is prohibited.

(7)

Home occupations/professional offices are accessory uses and shall not change the residential character of the building; shall be registered with the zoning enforcement officer; only residents are permitted to work on the premises; minimal customers may visit the business on a regular basis; if the operator of the home occupation/professional office wants to have non-residents employed on the premises, the zoning enforcement officer shall require that a special permit be approved by the commission, but in no instance shall more than two non-residents be employed on the premises; adequate on-site parking must be provided for employees and customers. See section 4.50.2 for specific standards.

(8)

Private high schools are prohibited.

(9)

Single family residential uses are allowed in the I-1, 1-2, and I-P districts by special permit. See section 9.20.

(10)

Excludes housing of poultry and livestock.

(11)

Renting of rooms to no more than two guests is allowed only as an accessory use to a principal dwelling used by the owner as his or her dwelling and requires commission approval as a special permit.

(12)

See section 8.80.1 for specific standards

(13)

See 4.30.2 Conversion of buildings for residential purposes. The water pollution control authority must also be consulted on all proposed multi-family residential uses within the HR-33 zone.

(14)

Bedrooms/sleeping quarters in single family homes are permitted only when the requirements of the current building codes and finished floor area are met through the permitting process.

(Ord. of 5-27-2021; Ord. of 1-13-2022; Ord. of 4-3-2024; Ord. No. 2025-02, 2-13-25)

Section 4.30. - Supplemental requirements for residential uses requiring a special permit, non-age restricted.

4.30.1. Bed and breakfast inn, boarding/rooming house.

A.

The building, must retain its residential character.

B.

No parking areas may be in the front yard and all parking areas must be screened from the street.

C.

Cellar space may not be used as living space. Attic space may not be used as living space.

D.

All exterior stairwells must be enclosed and may not be visible from the street.

E.

The site must be served by both public sewer and public water.

F.

A permit for the continued use of the building must be renewed annually by the zoning enforcement officer.

4.30.2. Conversion of buildings for residential purposes.

A.

Existing buildings may be converted from one-family residential or from other use buildings to two-, three-, or four-family buildings with a minimum building size of 1,600 square feet of floor area after the conversion.

B.

The gross ground floor area on the lot does not exceed 25 percent lot coverage after the conversion.

C.

Each dwelling unit shall contain a minimum of 600 square feet of floor area after the conversion, provided, however, that the conversion shall result in not more than one additional dwelling unit per lot, nor more than two bedrooms in each additional dwelling unit

D.

The conversion shall have a minimal impact on traffic in the neighborhood. The commission shall make a finding that:

i.

Two-parking spaces per dwelling unit have been provided;

ii.

All state and town codes and regulations have been met in undertaking the conversion;

iii.

The exterior architectural style and appearance of the building and lot have been maintained; and

iv.

The square footage of the dwelling unit(s) to be added to an existing building shall not exceed 75 percent of the gross square footage of the original existing building.

E.

All exterior stairwells shall be enclosed.

F.

Additional cellar space does not have to be provided if the existing building has a cellar meeting the zoning regulations standards and free and clear access to that cellar is available, and that a distinct portion of that cellar, at least 25 percent of the total cellar floor area, is set aside for the new dwelling unit.

G.

Conversion of existing non-residential buildings, such as industrial and/or mill buildings to multi-family dwellings may take place under this section. The requirements of sections B and C above may be waived for such conversions. This provision shall not apply within the HR-33 district.

H.

The ability to add one unit per building can only be utilized once per building under these regulations.

4.30.3. Duplex residences.

A.

Only one building is permitted on a lot.

B.

The density shall not exceed the existing density of all lots within 500 feet of the subject lot. Only lots with certificates of occupancy shall be considered when making density calculations. All lands used as or reserved for public rights-of-way shall be deducted from the 500 feet calculations. All buildings for which applications for conversion are made shall be legally occupied for residential purposes.

C.

At least half of the lots abutting the subject lot shall contain at least one building having at least two dwelling units with certificates of occupancy.

4.30.4. Non-profit homeless shelters/housing.

A.

The property shall be designed and landscaped so as to maintain the property's architectural compatibility with surrounding development and the neighborhood. The commission shall determine such compatibility.

B.

All parking areas shall be designed and landscaped to maintain the residential character of the property.

C.

A non-profit homeless shelter/housing facility shall be separated from any other such facility by a distance of at least 2,000 feet.

4.30.5. Renting of rooms to not more than two guests.

A.

Rooms for rental shall not be in a cellar area.

B.

Meals may be provided.

C.

Off-street parking shall be provided.

D.

The single family residential character of the building shall be maintained

Section 4.40. - Supplemental requirements for residential uses requiring a special permit, age restricted.

4.40.1. Assisted living facilities.

A.

Assisted living facilities must meet the following area and bulk requirements:

Minimum Lot Area: 10 acres
Maximum Density: R-33 10/acre
R-44 8/acre
Maximum Lot Coverage: 25%
Minimum Yard Setbacks:
 Front: 60 feet
 Side and Rear: 50 feet
Maximum Building Height: 35 feet
Minimum Gross Floor Area:
 Studio/Efficiency: 450 square feet 1
 One Bedroom: 525 square feet
 Two or more Bedrooms: 700 square feet

 

1 Studio/efficiency: If all the units in a building are studio/efficiency units and the residence management, as part of its core services, provides three meals a day in a communal dining room to all the occupants, the gross minimum floor area may be reduced by 150 square feet to 300 square feet.

B.

Age restrictions: Residents shall be at least 62 years old, and in the case of multiple occupancy of a unit, one person shall be at least 62 years old and the other resident shall be at least 55 years old. The commission may require that the owner/management annually report to the commission (zoning enforcement officer) on compliance with this standard.

C.

The development shall contain appropriate accessory uses as determined by the commission.

D.

The site shall be served by both public sewer and public water.

E.

No assisted living facility shall be converted in any degree to a senior residential development.

F.

An assisted living facility may be a stand-alone facility or part of a continuing care facility.

G.

Each dwelling unit shall have an emergency call/intercom system connected to a central station staffed 24 hours/day.

H.

Each dwelling unit shall have a full bathroom consisting of at least one toilet, one sink, and one shower, all handicapped accessible.

I.

Each dwelling unit shall have a mini-kitchen consisting of at least a refrigerator and a microwave oven.

J.

Outdoor recreational facilities, including, but not limited to, landscaped walking trails and community gardens (flower and vegetable), shall be provided.

4.40.2. Continuing care communities.

A.

Continuing care communities shall meet the following area and bulk requirements:

Minimum Lot Area: 30 acres
Maximum Density R-33 5/acre; R-44 3/acre
Total Maximum Lot Coverage: 25%
Minimum Yard Setbacks:
 Front: 60 feet
 Side and Rear: 50 feet
Maximum Building Height: 35 feet
Minimum Floor Area:
 Studio/Efficiency 600 square feet
 One Bedroom 800 square feet
 Two or more Bedrooms: 1,000 square feet

 

B.

Age Restrictions. (Amended 8/15/05)

i.

Occupants shall be at least 55 years old, and in case of multiple occupancy of a dwelling unit, at least one resident shall be at least 55 years old and all other residents at least 50 years old.

ii.

Age restrictions shall be part of every sales or rental contract.

iii.

The age restriction requirements shall be included within the declaration of common interest community for each development.

iv.

The commission may require that the owner/management annually report to the commission through the zoning enforcement officer on compliance with these standards.

C.

The development may contain appropriate accessory uses.

D.

All dwelling units shall be individual dwelling units in detached, semidetached, or attached buildings.

E.

Facilities may include an extended health care facility, congregate housing, and other facilities and uses determined to be appropriate by the commission.

F.

The site shall be served by both public sewer and public water.

G.

Sidewalks shall be provided throughout the interior of the site.

H.

All community facilities, as required by the commission, shall be completed and ready for use prior to the granting of a certificate of occupancy for any dwelling units. All community facilities must be maintained continuously, thereafter. The declaration of common interest community, the by-laws of any resident association formed, and a deed restriction placed on the town land records in the office of the town clerk, shall prohibit the elimination of any community facilities without the commission granting permission to do so prior to said elimination.

I.

Each dwelling unit shall have an emergency call/intercom system connected to a central station staffed 24 hours/day.

J.

Outdoor recreational facilities, including, but not limited to, landscaped walking trails and community gardens (flower and vegetable), shall be provided.

K.

If built, the extended health facility shall have a minimum of 60 beds but a total not to exceed 30 percent of the total number of units in the facility.

L.

No continuing care facility shall be converted in any degree to a senior residential development.

4.40.3. Housing for the elderly. (Revised 4/3/2024)

A.

Housing for the elderly shall meet the following area and bulk requirements:

Minimum Lot Area: 2½ acres
Maximum Density: 16 Dwelling Units/acre
Maximum Lot Coverage: 25% Minimum Yard Setbacks:
Front: 60 feet
Side and Rear: 50 feet
Maximum Building Height: 35 feet and not to exceed 2½ stories
Minimum Floor Area:
Studio/Efficiency: 600 square feet
One Bedroom: 800 square feet
Two Bedrooms: 1,000 square feet

 

B.

The use of property as a housing for the elderly development shall be guaranteed in perpetuity by deed restrictions, approved as to both form and content by the town attorney, and recorded in the office of the town clerk. All deed restrictions and approvals of both the special permit and site plan approvals also shall be recorded in the appropriate records of the commission.

C.

Such approvals shall terminate only upon the approval by the commission of the demolition of the development or the approval of a change in use of the property.

D.

The development may contain appropriate accessory uses.

E.

Outdoor recreational facilities, including, but not limited to, landscaped walking trails and community gardens (flower and vegetable), shall be provided. All such areas shall be handicapped accessible.

F.

Maximum density permitted is 16 dwelling units per acre.

G.

Public sewer and public water shall serve the site.

H.

The commission may increase building height by not more than 40 percent, or one and one-half stories, or may decrease the minimum gross unit floor area, exclusive of common areas, by no more than 33 percent upon a finding by the commission that such a change is compatible with the neighborhood and promotes the health and safety of the residents.

I.

In addition to the requirements set forth in subsections A through G., inclusive herein, in evaluating non- subsidized, privately owned, housing for the elderly, the commission shall determine that the proposed development meets the special permit criteria in article IX, as well as the specific criteria set forth in 4.70.3 (i) through (ix). (Added 11/01/08)

J.

Age restrictions: (Added 11/01/08)

i.

Occupants shall be at least 62 years old, and in case of multiple occupancy of a dwelling unit, at least one resident shall be at least 62 years old and all other residents at least 50 years old.

ii.

Age restrictions shall be part of every rental contract.

iii.

The commission may require that the owner/management annually report to the commission through the zoning enforcement officer on compliance with these standards.

iv.

The use and occupancy of such a development shall be secured by a deed restriction. Up to ten percent of the units may be occupied by families with handicapped members, regardless of the age of family members.

K.

Elderly housing within the HR-33 zone (added 4/3/2024)(effective 4/21/2024)

Minimum lot area: 10 acres
Maximum density: 5 dwelling units/acre *
Maximum lot coverage: 25%
Minimum yard setbacks: Front: 60 feet
Side and rear: 50 feet
Maximum building height: For new construction 35 feet not including elevator shafts and mechanical equipment located on or above the roof. Waiver under subsection H above shall not apply.
Parking: 1 space per studio or 1-bedroom unit
Non merger provision: No abutting or adjacent parcels may be merged or combined after October 1, 2024, in order to meet the minimum lot area under this section.

 

* Based upon the total area of the parcel and including any multi-family units existing on the site at the time of the application under this section.

4.40.4. Senior residential developments (SRD).

A.

Senior residential developments shall meet the following area and bulk requirements:

Minimum Lot Area: 10 acres
Maximum Density: R-33: 3/
developable
acre
R-44: 2/
developable
acre
R-88: 1/
developable
acre
Maximum Impervious Surface Coverage: R-33: 40%
R-44: 30%
R-88: 25%
Maximum Building Height: 24 feet
Minimum Floor Area: 900 square
feet 2

 

2 Exclusive of all halls and bathrooms.

B.

Age restrictions:

i.

Occupants shall be at least 55 years old, and, in the case of multiple occupancy, a spouse must be of similar age.

ii.

A surviving spouse may retain occupancy.

iii.

A resident whose spouse has entered into a long-term continuing care facility may retain occupancy.

iv.

When a remaining spouse remarries or cohabits, the other occupant shall meet all of the above age restrictions.

v.

One child 21 years of age or older may reside with his or her parent(s).

C.

Occupancy is limited to three people.

D.

Home occupations/professional offices may be approved by the ZEO following the standards and procedures of these regulations.

E.

All SRDs shall be common interest ownership communities as defined in Chapter 828 of the Connecticut General Statutes, as may be amended from time to time.

F.

All SRDs shall be served by both public water and public sewers.

G.

The minimum distance between dwelling units shall be 30 feet.

H.

Streets within a SRD may be public or private. In either case, all streets shall be constructed to the standards of the "technical subdivision regulations" of the town. The commission may waive such standards in the same manner as provided for in the technical subdivision regulations.

I.

At least one of the required parking spaces for each unit shall be provided within an attached garage that shall be directly accessible from within the unit. A minimum of 25 percent of the units shall accommodate a two-car attached garage. All unit driveways shall be a minimum of 20 feet in length.

J.

Each dwelling unit shall have a full basement.

K.

Buildings shall be of a design and use building materials that are compatible with a single-family residential character and design.

L.

Buildings containing dwelling units (including deck and porches) shall conform to the following standards:

i.

Be no closer than 25 feet to private streets or parking areas;

ii.

Be no closer than 30 feet to other residential buildings;

iii.

Be no closer than ten feet to accessory buildings; and

iv.

Be no closer than 50 feet to an exterior lot line.

M.

All proposed accessory buildings shall be shown on the plans submitted and shall observe the following standards:

i.

Be no closer than 25 feet to a development's main streets;

ii.

Be no closer than ten feet to cul-de-sacs or parking areas except all driveways shall be at; least 20 feet in length;

iii.

Be no closer than ten feet to other accessory buildings;

iv.

All accessory buildings, other than garages, shall be located in the rear yard behind the back line of the principal building; and

v.

Be no closer than ten feet from any property line.

N.

Buffer yards, as detailed in article X, shall be provided as follows:

i.

When an exclusive use area is equal to or exceeds 75 percent of the minimum lot area for the underlying zone, no buffer yards shall be required; and

ii.

When the exclusive use area is less than 75 percent of the minimum lot area for the underlying zone an "A" buffer yard shall be provided between the SRD and any adjoining single family residential buildings.

O.

Units shall be owner-occupied with the following exceptions:

i.

A non-resident may purchase and/or own a unit provided that a family member or family members occupy the unit, limited to a parent, child or legal ward, whom meet the residency requirements set forth above;

ii.

A unit may be leased for a term of not more than one year to a tenant or tenants who are not members of the owner's family provided that the tenant or tenants meet the residency requirements set forth above, and provided that the unit owner(s):

a.

Occupied the dwelling unit immediately prior to the commencement of the lease term; and

b.

Intends to immediately re-occupy the dwelling unit upon the end of the lease period; and

iii.

All such leases shall be reported to the office of the director of planning.

P.

There shall be a minimum set aside of open space equal to 2,500 square feet per unit. Areas with greater than 15 percent slope or wetlands soils as identified by a certified soils scientist shall not count toward meeting this minimum requirement. Any undeveloped areas that are used for determining permitted density shall be reserved for open space or recreational purposes approved by the commission.

Q.

A walking trail system may be provided within the proposed development. Unpaved walking trails may be counted as open space.

R.

Sidewalks and curbing shall be as required by the town's technical subdivision regulations. These standards may be waived or altered by the Commission by three-quarters vote.

S.

Management plan: A management plan shall be submitted along with the SRD site plan as a requirement of the special permit. This management plan shall describe, to the satisfaction of the commission, that the dwellings shall be owned and shall be conveyed only to persons aged 55 years or older, subject to the age restrictions and exceptions set forth above; and that the maintenance and repair of the exterior of dwellings, in developments in which the unit is defined as including exterior walls, roofs, decks and other exterior features, shall be enforced by covenant, deed restriction or other similar instrument; and that the perpetual maintenance and replacement of commonly-owned facilities and property shall be guaranteed. In addition, the management plan shall provide a detailed description of the schedule, responsibility, and financial plan for providing the following:

i.

Operation and maintenance of commonly owned utilities such as water and wastewater treatment systems.

ii.

Operation of community services such as refuse collection and the community building, if any.

iii.

Maintenance of grounds, streets and driveways, storm water drainage system, signage, and roadway illumination system.

iv.

Maintenance of individual dwellings, storage of motor vehicles and trailers, placement of temporary structures, and general external housekeeping.

Any subsequent changes to the terms of the management plan shall require the commission's approval as an amendment to the approved special permit.

T.

Criteria for evaluation and decision making: In evaluating a proposed SRD, the commission shall consider and shall base their decisions on all evidence presented to it at public hearing, their own knowledge of the site, data submitted by the applicant, information provided by the public, and data and analysis provided to the commission by the town staff consisting of at least the director of planning, director of public works, fire marshal and traffic safety officer. The commission will utilize this information to determine compliance to the following specific criteria for SRD as well as the general considerations for special permits found in article X:

i.

The proposed development is found consistent with the standards of the special residential developments found above, and with the standards of the SRD regulations found above

ii.

The SRD shall be screened from all abutting streets, single family buildings, and town lands by the use of existing land forms or vegetation, by supplemental plantings, adequate setbacks and/or sensitive and compatible building design.

iii.

The proposed development of the SRD is such that it does not have a negative impact and becomes a compatible land use to the surrounding existing development and/or potential surrounding future development.

U.

Effect on prior planned residential development (PRD) approvals: Any planned residential development existing or under construction as of the date of these amendments shall be maintained in accordance with any conditions of approval and the regulations existing at the time of their approval. Any changes to any previously approved PRDs shall require a special permit from the commission.

(Ord. of 4-3-2024; Ord. of 5-23-2024)

Section 4.50. - Requirements for accessory uses and accessory structures.

4.50.1. Accessory buildings. (See section 3.30.7.)

4.50.2. Commercial vehicles. (See section 3.30.13.)

4.50.3. Fences. (See section 3.30.6.)

4.50.4. Garage or tag sales. (Added 5/14/12) Garage or tag sales on residential properties are subject to the following conditions:

A.

Sales shall be limited to a maximum of four occurrences per year, per address.

B.

Each occurrence shall not exceed three days in duration.

C.

Hours of operation shall be between 8:00 a.m. and 6:00 p.m.

D.

Products shall not be displayed within the street right-of-way.

E.

All signs advertising garage or tag sales must be legally placed and removed within 24 hours of event completion.

F.

All products shall be removed from view within 24 hours of event completion.

G.

Goods offered for sale shall consist of unwanted household items previously used by the homeowner or other participating households only. No goods shall be brought to the premises that have been specifically purchased for resale.

H.

The Town of Enfield Police Department reserves the right to prohibit or cease the operation of any garage or tag sale that presents a public safety problem.

I.

This section is not intended to limit the duration or frequency of sales, bazaars, or auctions sponsored by religious, fraternal and other non-profit organizations for the purpose of fund-raising.

4.50.5. Home occupations/home professional offices.

A.

If no changes to the property are required, including any increase in the arrangements for or layout of parking areas, and only residents of the premises are employed, the office of the director of planning and/or the zoning enforcement officer may approve home occupations/home professional offices. Such approvals shall be reported to the commission monthly.

B.

If any persons who are not residents of the building are employed, a special permit is required.

C.

Under no circumstances shall more than two non-residents be employed.

D.

All parking areas providing three or more spaces must be paved and landscaped as required by article 10.

E.

The office of the director of planning shall determine design and construction standards for all parking areas.

F.

Not more than 25 percent of the residential structure shall be used for business purposes.

G.

The residential character of the building shall be maintained.

H.

Customer visits and deliveries by any trucks shall be kept to a minimum.

I.

Such uses shall be limited to the primary building on the lot except as may be allowed under the provisions of subsection J. below.

J.

Pet grooming may be permitted as a home occupation by special use permit subject to the general standards for home occupations as set forth in sections A through I, inclusive, above and the following additional standards: (Added 1/01/08; Amended 5/20/13)

i.

The residential lot on which the home occupation is to be conducted shall have a minimum lot area of one and one-half acres.

ii.

Any wastewater from the proposed use shall be discharged into the town sewer system subject to approval from the water pollution control division.

iii.

The water supply to the use shall be equipped with a backflow prevention device.

iv.

No more than four animals may be serviced per day.

v.

No overnight kenneling shall be allowed.

vi.

No signage may be allowed.

vii.

Hours of operation shall be limited to 9:00 a.m. to 6:00 p.m. on Monday through Saturday with no Sunday hours.

viii.

If the proposed use is to be located in an accessory structure, such structure shall be located at least 50 feet from the nearest neighboring residential building.

K.

(Effective 5/20/13) Yard maintenance services are permitted as a home occupation subject to the general standards for home occupations set forth in sections A through I, inclusive, above and the following additional requirements:

i.

All storage and maintenance of tools and equipment must be inside the dwelling or inside an accessory structure.

ii.

All storage and maintenance of any products including, but not limited to, fertilizer, lime, mulch and the like, must be inside the dwelling or inside an accessory structure.

iii.

Only one commercial vehicle may be kept on the property, subject to the standards of section 3.30.13.

iv.

Only one trailer may be kept on the property provided it is located no closer to the front property line than the front wall of the residence and does not exceed a length of 12 feet. The trailer shall contain no advertising.

v.

The property shall not be used as a staging or parking area for carpooling or for collecting tools and equipment.

vi.

All tools and equipment used by the yard maintenance service shall be limited to those typically used for yard maintenance work performed on residential properties.

vii.

Yard maintenance services are prohibited as a home occupation on any properties located within an aquifer protection area.

L.

(Effective 5/20/13) Contractors may obtain a home professional office permit subject to the standards set forth in sections A through I, inclusive, above, and to the following additional requirements:

i.

The activity shall be conducted strictly as a home professional office only;

ii.

Contractor home occupations are limited to employees who reside at the home. Notwithstanding table 4.20, note (8), no other employees are allowed on the property. The property shall not serve as a meeting or gathering point in the course of business activities;

iii.

No building or other materials associated with the home-based business shall be stored or accumulated on the property. This shall include any debris or refuse generated as a result of the business activity.

iv.

All equipment and tools shall be stored indoors. No heavy equipment shall be stored on the property except those tools and machinery normally used on a residential property. Heavy equipment includes, but is not limited to, dump trucks, trailers and trailer-mounted equipment, "bobcats", backhoes, and scaffolding.

v.

Only one commercial vehicle may be kept on the lot subject to the standards of section 3.30.13.

4.50.6. Recreational vehicles and recreational trailers. (See section 3.30.9.)

4.50.7. Swimming pools.

A.

Swimming pools may be installed in any district as an accessory to a dwelling unit for private uses of the owners or occupants of such dwelling (s) and their families and guests.

B.

Swimming pools shall only be built in the rear yard of the lot, or in that portion of the side yard that lies at least 50 feet from any street line.

C.

Swimming pools shall be at least five feet from the rear and side property lines of the lot, or in the case of a corner lot, at least 25 feet from any property line abutting a street.

D.

Swimming pools shall not occupy more than 40 percent of the area of the rear yard excluding all garages and other accessory structures occupying such rear yard.

E.

Notwithstanding the language of subsections B., C., and D., above, in-ground swimming pools located within the interior of a principal residential structure shall be considered an integral component of that structure. The portion of the principal building containing an in-ground swimming pool shall not be considered an accessory structure. Only the portion of the building containing the in-ground swimming pool and equipment necessary for the use and maintenance of the in-ground swimming pool and subsurface areas necessary for the lateral support of the swimming pool shall be exempt from the requirements of section 4.10.2 specifically concerning the requirement for cellars. Principal residential structure containing an in-ground swimming pool, together with any improvements and spaces related to the pool, shall be subject to the area and bulk requirements of section 4.10. (Effective date 2/10/2015)

4.50.8. Storage containers. (See section 3.30.14.)

4.50.9. Solar installations. (See section 8.80.)

4.50.10. Temporary conversions to allow accessory apartments. (Added 4/3/13; Amended 7/25/13) In HR-33, R-33, R-44 and R-88 districts, the commission may allow by special use permit the temporary conversion of a single-family dwelling to incorporate one accessory apartment in order to provide for the temporary housing needs of members of an extended family.

A.

Intent. The intent of this section is to:

i.

Provide a process to assist family members desiring to address the housing and social needs of extended family members, among them the elderly and the disabled;

ii.

Provide an alternate housing arrangement, which can adequately and comfortably house elderly and disabled extended family members in a non-institutional manner;

iii.

Promote stronger family ties by providing living arrangements for extended family members;

iv.

Reduce the necessity for public agencies to provide housing and support services when extended family members are able and willing to provide same; and

v.

Establish a procedure to minimize potential impacts from accessory apartment conversions on abutting single-family uses.

B.

Conditions. The following conditions shall be the minimum applied to all special use permits approved under this section.

i.

The applicant shall provide a site plan, floor plan, and building elevations in sufficient detail as required by the commission to evaluate the request for an accessory apartment.

ii.

The lot of the single-family unit shall conform to the minimum area requirements of the underlying district except that pre-existing non-conforming lots must have a minimum of 17,000 square feet of area.

iii.

At the time of application and every two years subsequent to the date of approval, the applicant shall present an affidavit to the town, executed by the property owner(s), swearing or attesting that:

a.

The owner will continue to reside on the premises; and

b.

The occupant(s) of both units are related by blood, marriage, or adoption.

iv.

The commission shall determine that the accessory apartment can be easily integrated back into the single-family dwelling upon expiration or termination of the special use.

v.

The accessory apartment shall be clearly subordinate in size to the single-family dwelling with a minimum finished floor area of 400 square feet and a maximum of 750 square feet.

vi.

Except when approved within a proposed new single-family home, the accessory apartment shall meet the following floor area requirements:

a.

Any accessory apartment to be located within the existing single-family dwelling shall not result in the finished floor area for the existing single-family dwelling to be less than 800 square feet after conversion.

b.

When an accessory apartment cannot be accommodated entirely within the existing single-family dwelling in accordance with subsection (a), the accessory apartment may include additional finished floor area not to exceed 750 square feet.

c.

For existing single-family dwellings that exceed a finished floor area of 1,600 square feet, the commission shall not approve applications under this section that include greater than 150 square feet of additional finished floor area.

d.

For the purposes of this section, an attached garage shall be considered existing finished floor area when converted to an accessory apartment.

e.

For any additional finished floor area to be permitted the lot must be able to meet the applicable coverage requirements of the underlying district without the need for a variance.

vii.

No additional entrances shall be located on any wall plane facing any street.

viii.

No additional mailbox or mail slot shall be provided for the accessory apartment.

ix.

In addition to the additional finished floor area permitted in subsection (v.) above, an existing attached garage may be used for conversion to an accessory apartment.

x.

The accessory apartment shall have safe and convenient access to the outside.

xi.

The lot must be served by public water and sewer. The commission may waive the requirements for connection to sewer and water lines upon a favorable report from the North Central District Health Department.

xii.

The commission may waive or modify any parking requirements or standards in these regulations for the accessory apartment, based on the specific circumstances surrounding each application. The number of off-street exterior parking spaces shall not exceed four.

xiii.

Upon written notice of termination of the special use by the zoning enforcement officer due to failure to comply with the occupancy requirements of subsection (iii.) above, the accessory apartment shall be removed within 120 days. The removal of all kitchen appliances and fixtures, and the utility lines and pipes servicing them, or the permanent and safe cutting and/or capping of these lines and pipes to the satisfaction of the building official and zoning enforcement officer shall constitute removal of the accessory apartment. The zoning enforcement officer may allow the removal of the pre-existing kitchen instead of the kitchen in the accessory apartment.

xiv.

The special use shall terminate upon the death(s) or relocation(s) of all qualifying occupant(s) of either unit (i.e. the owners and/or their relatives) or upon transfer of title to the property to a non-qualifying household or other entity. This condition shall appear on the special use permit that must be filed on the land records.

xv.

The applicant shall sign an agreement stipulating agreement with provisions of this section regarding the termination of the special use and the removal of the accessory apartment.

4.50.11. Trailers temporary living quarters. (See section 3.30.11.)

Section 4.60. - Requirements for non-residential uses in residential zones.

4.60.1. Adult and child day care facilities.

A.

Must be licensed by the state.

B.

Parking areas and drop-off and pickup areas must provide direct access from cars to building, in a safe manner and be built so as not to cause cars to use the street as queuing area.

C.

All outdoors and play areas must be fenced.

D.

If a single-family residential building is used as adult and child day care facility, the building and lot must maintain their residential character.

E.

All outdoor play areas shall be screened in such a manner so as to insure visual and auditory privacy to adjacent property owners.

F.

May be permitted as an accessory use to a special permit use.

4.60.2. Agricultural activities and farms.

A.

All farm buildings, except for farm stands, shall be at least 100 feet from the street line and from all residential buildings under separate ownership.

B.

All farm stands shall be at least 20 feet from the street line and at least 100 feet from any intersection.

C.

All farm stands larger than 200 square feet in area shall require a Special Permit.

D.

Farmworker housing shall have a setback of not less than 100 feet from all property lines.

E.

An evergreen buffer not less than ten feet deep in the 100-foot setback shall be provided along any property line where the abutting use is residential.

4.60.3. Cemeteries.

A.

Two-acre minimum site.

B.

All required parking must be provided on-site.

C.

When cemetery properties are enlarged, whether for immediate or future use, buffer yards meeting the standards of a "C" buffer yard as specified in section 10.10 shall be provided where such expansion is adjacent to a property in residential use.

D.

No burial plots shall be within 35 feet of a property line.

4.60.4. Golf courses.

A.

Golf courses shall have a minimum of nine holes and shall be a minimum 2,750 yards in length.

B.

Restaurants with a restaurant liquor permit may be permitted by the commission, except in the HR-33 district, as an accessory use by a special permit. Both the golf course and the restaurant shall be located on the same lot.

C.

Use of any portion of the premises as a tavern, cocktail lounge, nightclub or discotheque is prohibited.

D.

All parking shall be provided on site.

4.60.5. Places of worship.

A.

All required parking shall be provided on-site or off-site as provided in article X, section 10.10, table 10.10 of these regulations.

B.

All parking areas shall be landscaped as provided in article X, sections 10.10.6 parking design, layout and location, 10.10.7, parking area setbacks and landscaping standards, and in 10.20 landscaping standards.

4.60.6. Schools, private and public.

A.

All required parking shall be provided on-site or off-site as provided in article X, section 10.10 off street parking and loading regulations and table 10.2.

B.

Private high schools are prohibited.

4.60.7. Temporary helicopter landings. (Approved 4/22/04) The planning and zoning commission may allow the temporary landing and takeoff of a helicopter in a residential zone in conjunction with a special event sponsored by the municipality or a non-profit community organization. Any person or organization proposing such an event shall file an application with the commission with a map or plot plan showing where the landing will occur together with a narrative plan indicating the proposed purpose of the event, its duration, and the safety measures that will be employed. No public hearing will be held unless the commission finds that the particular circumstances of the application warrant a special permit.

4.60.8. Undertaking/funeral businesses.

A.

Undertaking/funeral businesses shall be located on lots having a minimum of three acres area.

4.60.9. Wireless communications facilities.

A.

Buildings and grounds shall conform to the general style of architecture and landscaping in the adjacent neighborhood.

B.

Each principal building shall be constructed on a lot containing the minimum frontage and lot area required in the applicable district.

C.

Buildings shall conform to all bulk standards.

D.

Other specific site plan requirements for wireless communications facilities are found in article VIII, special regulations.

4.60.10. Chickens/fowl on residential properties. (Added 04/05/18)

4.60.10.1. Statement of purpose. It is the intent of this section to allow for the keeping of domestic chickens/fowl in residential areas for the sole use and enjoyment of the residents of the lot on which such chickens/fowl are kept and not for commercial purposes. It is also the intent of this section to protect and promote the health, safety, and welfare of residents by limiting the number of chickens/fowl that can be kept in order to protect the quality of life of the surrounding neighborhood.

4.60.10.2. Locations allowed. The keeping of chickens/fowl is allowed as an accessory use on any lot which is at least one-quarter acre (10,890 square feet) in size in single ownership, located in a residential zone, and which contains a detached single-family home.

4.60.10.3. Number and type of chickens allowed. No more than six chickens/fowl of any breed may be kept on residentially zoned properties of at least one-quarter acre in size. Six additional chickens/fowl may be kept on properties for each additional acre for properties greater than one acre as indicated in the table below. Roosters are prohibited on properties less than three acres.

Number of Chickens or Fowl
< ¼ acre Not Allowed
¼ acre up to 1 acre 6
> 1 acre up to 2 acres 12
> 2 acres up to 3 acres 18
≥ 3 acres Farm
Table 4.20 Use Table for Residential Districts

 

4.60.10.4. Limitations. The keeping of chickens/fowl shall be for personal or household use only and the owner of the chickens/fowl must be a resident of the dwelling situated on the lot where they are kept. The chickens/fowl shall be kept to the owner's property at all times and shall not be permitted to roam onto adjacent properties. A building or enclosure is required for housing the chickens/fowl (i.e. chicken coop including chicken tractors or henhouse). Audible predator alarms are prohibited on properties less than five acres.

4.60.10.5. Buildings housing chickens/fowl and fenced enclosures. Any building or enclosure used for housing chickens/fowl and associated fenced enclosures shall be located behind the rear line of the house and be at least ten feet from side and rear property lines, and at least 25 feet from any residential dwelling on adjoining property.

4.60.10.6. Applicable authorities. All chickens/fowl shall be kept in a manner that conforms to all applicable regulations of the public health code, the Department of Energy and Environmental Protection (DEEP), CT Department of Agriculture, and CT General Statutes.

4.60.10.7. Odor and waste. The property owner will maintain the chicken/fowl environment in such a manner as not to create a nuisance to adjoining properties due to odor and waste.

4.60.10.8. Roosters. Roosters are limited to farms greater than or equal to 3 acres.

4.60.10.9. Number of chickens on farms. The number of chickens and fowl allowed on properties designated as farms will be determined by the submission of a site plan for any amount greater than 150.

(Ord. No. 2025-02, 2-13-25)

Section 4.70. - Special residential developments.

Special residential developments, which include single family open space subdivisions, senior residential developments (SRD), multifamily housing district (MFHD) and rear lots, due to their unique nature as alternate types of single family residential developments, require a more intensive review by the commission. Therefore, a procedure with an additional level of review applies to all applications for such types of development. In addition to the materials normally required for special permits (article IX) the procedures in this section shall also apply:

4.70.1. Special procedures.

A.

Administrative review team: The applicant shall submit all proposals for special residential developments to the administrative review team, through the office of the director of planning, prior to the submission of an application for informal review by the commission. The director of planning shall report the findings of the administrative review team to the commission.

B.

Informal review by the commission: The applicant shall submit all proposals for special residential developments to the commission for an informal review prior to the official submission of an application.

4.70.2. Submission requirements.

A.

Following the above informal reviews, a special permit application shall be submitted to the commission that includes all the information contained in the relevant sections of article IX, site plan and special permit standards and procedures. In addition, all applications for special residential developments shall include all of the information listed in paragraphs B, C, and D below. The specific requirements of paragraphs B, C, and D are mandatory for all developments of 25 or more units. However, the commission may require such information for any special residential developments application regardless of the number of units proposed, when in their opinion it is necessary for the proper evaluation of the proposal.

B.

In addition to the data required for the zoning data table — site plans in article IX, section 9.10.2.B, the following shall be included:

i.

A listing of the locations of all areas set aside as open space/recreation space and the size of each area in square feet and acres of open space/recreation space;

ii.

Names of all school districts, fire district, water company; and

iii.

Number of proposed buildings, units and bedrooms.

C.

Traffic analysis: A traffic study shall by submitted by a licensed engineer who qualifies as a member of the Institute of Transportation Engineers (ITE) for all special residential developments containing 25 or more residential units that shall include the following:

i.

Average daily traffic (ADT) on streets providing access to the development site, including a.m. and p.m. peak periods;

ii.

Intersection turning movement analyses for all intersections likely to be impacted by the development;

iii.

Inventory of the characteristics of the roadway network in the vicinity of the development including number of lanes, sidewalks, traffic control devices, condition of improvements, and any other inventory information requested by the town or commission;

iv.

Estimated trip generation of proposed development with ADT, with a.m. and p.m. peak periods;

v.

Estimated directional split of new trips;

vi.

Projected traffic counts on existing street system following development of project showing ADT, a.m. and p.m. peak periods;

vii.

Project impacts on "levels of service" (LOS) at existing and proposed intersections and roadway and intersection capacities; and

viii.

A statement identifying necessary street system and traffic control improvements needed as a result of the developments impact on surrounding streets and relevant intersections.

D.

Impact analysis: An impact analysis shall be submitted for all special residential developments containing 25 or more residential units showing the anticipated impacts of the proposed development on the town, fiscal and otherwise, including impacts on school capacity by school, public safety services, emergency service requirements, public utilities, recreation facilities, and any other potential demands for municipal services.

E.

Site plan data: In addition to the requirements of section IX, site plans, submitted site plans shall show the following:

i.

Areas of steep slope (15 percent or greater);

ii.

Soil types as defined by the Hartford County Soil Survey;

iii.

Significant vegetation including, but not limited to major tree lines; edge of vegetation; specimen trees; and wooded areas by major species;

iv.

Identification of significant views from the site;

v.

Identification of significant negative noise/visual impacts affecting the site;

vi.

Significant natural or manmade features on the site;

vii.

Abutting buildings and land uses surrounding the site identifying potential views and possible impacts and/or opportunities; and

viii.

Composite map showing land worthy of being preserved in a natural state and land capable of development.

4.70.3. Special residential development criteria.

A.

During the review of all special residential development proposals, the commission shall determine that the proposed development meets the special permit criteria in article IX, as well as the following specific criteria:

i.

The proposed plan is in harmony with the purpose of the zoning regulations;

ii.

The proposed plan is in harmony with the goals and objectives of the Enfield Plan of Conservation and Development;

iii.

The site's significant natural features are preserved in their natural state to the greatest extent possible by limiting excessive grading and tree and soil removal;

iv.

The character of the neighborhood will be maintained or enhanced;

v.

Any proposed open space is of the size, design and quality to be of recreational value to the existing neighborhood as well as to the residents of the proposed development; except in the MFHD, any proposed open space is of the size, design and quality to be of recreational value to the residents of the multifamily housing development only, unless said open space is deeded to the Town of Enfield or any other entity as directed by the commission;

vi.

The scale and massing of buildings are compatible with those prevalent in the neighborhood particularly in relation to abutting single-family dwellings;

vii.

Buildings and site layout permit easy access by public safety and emergency personnel and equipment;

viii.

Where applicable, improved access to, or the development of additional connections is made to adjoining systems of open space, paths, streets, or utility systems; and

ix.

Estimated future populations, development density, and traffic generated can be appropriately serviced by the available system of streets, school, emergency services and other infrastructure facilities.

_____

4.70.4. Requirements for open space subdivisions.

A.

Open space single family subdivisions shall meet the following area and bulk requirements:

Minimum Lot Size: 15 acres
Density Factor
 R-33 1.32 lots/acre
 R-44 1.00 lot/acre
 R-88 0.50 lot/acre

 

The permitted number of lots shall be determined by the following formula:

PL = TSA — (.07 TSA +.5 IW/F + .25 S) x D where:
PL = Permitted Lots TSA = Total Site Area
IW/F = Areas of Inland Wetlands or Floodplain
S = Slopes in excess of 25%
D = Density Factor

 

_____

B.

When the permitted number of lots using the formula above equals or is greater than one-half, the total number of lots permitted shall be the next highest whole number.

i.

All single family open space subdivisions require separate applications to the Commission as both 1.) a special permit and 2.) a subdivision. Approvals as both a special permit and subdivision are required prior to the start of construction. The following additional materials shall be submitted with an application for a single family open space subdivision:

ii.

Concept plans, one depicting a conventional subdivision development and one depicting a single-family open space subdivision;

iii.

A description of all uses proposed for the open space;

iv.

A statement explaining how the intent of these regulations would be satisfied by development of the parcel as a single family open space subdivision;

C.

Open space criteria and dedication.

i.

Open space shall be dedicated in an amount equal to the percentage of lot reduction resulting from the application of the standards of this Section as follows:

a.

R-88: 50 percent open space.

b.

R-44: 25 percent open space.

c.

R-33: 25 percent open space.

ii.

A minimum of 33 percent of the area of the open space shall not be encumbered by wetlands, floodplains, or steep slopes equal to or greater than 15 percent.

D.

Method of dedication: Permanent dedication of each area of open space shall be accomplished by one, or a combination, of the following preservation techniques:

i.

Transfer of title to land in fee simple to the town, if the town council agrees to accept such land;

ii.

Creation of a public conservation easement in favor of the town;

iii.

Creation of a private conservation easement in favor of the town;

iv.

Transfer of title to land in fee simple to a non-profit, tax exempt entity (such as a private land trust) deemed acceptable to the Commission;

v.

Transfer of title in fee simple to the State of Connecticut in connection with an approved state park plan (i.e., Scantic River State Park).

vi.

Transfer of title in fee simple to a Connecticut non-profit corporation of which all owners of land within the subdivision are members; or,

vii.

Any other method which accomplishes permanent dedication in accordance with the intentions of this section.

E.

Evidence of acceptance: If open space is to be owned by a private not-for-profit conservation trust or corporation, or another entity, the application shall contain written evidence from the proposed entity satisfactory to the commission, stating that it is willing to accept ownership of and responsibility for the preservation and maintenance of the open space.

F.

Form of conveyance: Whenever any dedication of open space is made as part of a single family open space subdivision, the deed, declaration or other instrument containing the conveyance shall be in a form prepared by the commission, and shall provide, at a minimum:

i.

That all covenants and/or restrictions shall be binding upon and inure to the benefit of all present and future owners of the land within the subdivision.

ii.

That such covenants and/or restrictions may be enforced by each present and future owner of land within the subdivision and also by the town by appropriate action in court for damages or for affirmative or negative equitable relief.

iii.

That the rights and duties created by such covenants and/or restrictions shall not in any way be modified or amended without the prior written approval of the commission.

iv.

That if at any time maintenance, preservation and/or use of such open space area shall not comply with or fulfill the provisions of such covenants and/or restrictions, the town may, at its election, take any or all such action as may be necessary or appropriate to assure or enforce compliance and to assess against the owners of land within the subdivision either jointly or severally, all costs incurred by the Town for such purposes.

G.

Access to open space: All open space dedicated under this section of these regulations is open for the use and enjoyment of all residents of the town, except all open space dedicated through a private conservation easement or non-profit corporation may be reserved for the exclusive use and enjoyment of all present and future owners and/or renters of land within the single family open space subdivision and occupants of the subdivision.

H.

Design standards for open space.

i.

Open space requiring a right of access shall have such access on a public street with a minimum frontage of 40 feet, and maximum gradient of 15 percent.

ii.

Any land dedicated as open space shall be left in its natural state by the subdivider, except for any improvements that may be required by the commission.

iii.

The commission may require that open space be developed for parks or playgrounds, or passive recreational purposes. Such improvements shall be bonded as a public improvement pursuant to section 4.c of the Enfield Subdivision Regulations.

I.

Design standards for lots.

i.

Where lots in a single family open space subdivision front on an existing public street, the commission shall require, wherein its judgment it is feasible, the transfer of all possible frontage lots to interior portions of the subdivision. Such frontage shall then be incorporated into the system of open spaces established for the parcel, and shall serve as a permanent buffer for single family lots from the public street and adjoining properties. The commission may require supplemental buffer plantings in accordance with section 10.10.

ii.

Should the commission find that the transfer of lots fronting an existing street to the interior portions of the subdivision not to be feasible, such lots shall be developed as conventional lots meeting appropriate bulk requirements of these regulations (see section 4.10).

iii.

The design of the subdivision shall provide for the retention of existing wooded areas of sufficient density to provide a natural buffer between proposed dwelling units, abutting recreation areas, and existing land uses. In the absence of any such natural buffering, the commission may require a planted buffer in accordance with section 10.10. Wherever possible, site design shall utilize natural site features to enhance separation of potentially incompatible uses and densities.

iv.

All lots shall front directly on a public or private street that shall be designed in conformance with the standards for public streets of the technical subdivision regulations of the town.

J.

Permitted uses: Uses permitted in single family open space subdivisions shall be limited to single family dwelling units, accessory uses permitted in section 4.20, and home offices/home occupations.

K.

Approval and maintenance of private streets: The commission may approve private streets within a single family open space subdivision. All such private streets shall be built to the standards of the town's technical subdivision regulations. Upon written request of the applicant and the receipt of staff comments, the commission may waive any of the standards of the town's technical subdivision regulations by a three-fourths vote. The subdivider shall provide for the perpetual maintenance of the street and drainage systems in a form acceptable to the town attorney and commission ensuring that the town will not have to assume responsibility for neither the maintenance nor improvement of the private street system. All documents required under this section shall be recorded prior to the signing of the final mylars.

L.

Utilities:

i.

All single family open space subdivisions in R-33 and R-44 zones shall be serviced by both public sewer and water.

ii.

All single family open space subdivisions in R-88 zones shall be served by public water, and may be served by on-site subsurface sewage disposal systems approved by the North Central District Health Department.

M.

Decision criteria: In considering any application for a single family open space subdivision, the commission shall consider all of the information submitted as part of the applications for both the special permit and rezoning, shall apply the criteria contained in article IX, consider information from other town commissions and boards (such as the conservation commission), and the following:

i.

Traffic access to and from existing streets;

ii.

Existing patterns of development;

iii.

The likely impact on the availability and capacity of storm drainage systems, and other utilities;

iv.

The likely impact on natural environmental systems; and

v.

The presence of other land characteristics which favor the development of the parcel as a single family open space subdivision.

4.70.5. Requirements for senior residential developments. (See section 4.40.4.)

4.70.6. Requirements for multifamily housing developments in the MFHD. (Added 8/1/12)

A.

Multifamily housing developments in the MFHD shall meet the following area and bulk requirements:

Minimum Lot Size: 60 Acres
(Note: Only existing lots of 60 acres as of 8/1/12 are eligible)
Maximum Density: 10 Dwelling Units per Developable Acre
Maximum Lot Coverage 30%
(Note: Maximum Lot Coverage, defined as building coverage)
Maximum Impervious Coverage: 66%
(Note: Maximum Impervious Coverage to include pavement)
Minimum Yard Setbacks:
 Front: 50 feet
 Side: 35 feet
 Rear: 50 feet
(Note: Pursuant to article X, section 10.20, landscaping standards, paragraph B(i) buffer yards, the commission may require an "A" buffer yard when a special permit is being approved for such a lot abutting another lot in a residential district. An "A" buffer yard is 25 feet deep. Front, side and rear yard areas can be used to satisfy this buffer yard requirement.)
Maximum Building Height: 35 feet
Maximum Bedrooms per Dwelling Unit 2 bedrooms
Minimum/Maximum Floor Area
 One Bedroom Minimum 900 square feet, Maximum 1,200
 Two Bedroom Minimum 1,100 square feet, Maximum 1,700

 

B.

Site to be served by public water and municipal sewer.

C.

The MFHD may contain accessory buildings or uses, as approved by the Commission.

D.

Design standards:

i.

Each dwelling unit shall have individual laundry facilities. Residential buildings in the MFHD may not include a communal laundry area.

ii.

Each dwelling unit shall have only private entrances. There shall be no common entrances, hallways or corridors.

iii.

Each dwelling unit shall have its own dedicated garage and parking space.

iv.

Centralized mailbox building center for resident use.

a.

The interior of said mailbox center building shall provide mailboxes for all residents of the multifamily housing development and may provide a community bulletin for residents as well as free-standing newspaper stands for newspaper purchase.

v.

Centralized enclosed recycling facilities for resident use. Any and all dumpsters shall be screened and concealed.

E.

Amenities:

Multifamily housing development within the MFHD shall provide at least four of the following amenities:

i.

Walking/hiking trails;

ii.

Pedestrian areas with benches;

iii.

Scenic area displaying natural or artificial water feature;

iv.

Planting areas;

v.

Outdoor picnic area;

vi.

Fitness center building;

vii.

Sports court (court used for tennis, basketball, and/or volleyball);

viii.

Outdoor pool;

ix.

Indoor pool;

x.

Putting green;

xi.

On-site storage facility.

xii.

Other deliberately shaped area(s) or focal feature(s) that enhance community space, as determined by the commission.

F.

Open space. There shall be a minimum set aside of open space equal to 1,000 square feet per dwelling unit. Areas with greater than 15 percent slope or wetlands soils as identified by a certified soils scientist shall not count toward meeting this minimum requirement. Any undeveloped areas that are used for determining permitted density shall be reserved for open space or recreational purposes, as approved by the commission. A walking/hiking trail or other pedestrian area may be counted as open space.

G.

Management plan. A management plan shall be submitted along with the site plan as a requirement of the special permit. The management plan shall outline the maintenance and management plan for the multifamily housing development, including:

i.

Schedule of dwelling unit inspections to perform preventative maintenance and observe compliance with lease terms; and

ii.

Operation and maintenance of grounds, streets, driveways, storm water drainage system, signage and roadway lighting as well as general landscaping.

H.

Parking: Parking standards shall apply in accordance with article X, site development regulations, table 10.10.2, which requires two parking spaces per dwelling unit.

I.

Single-family detached dwelling units: (Added 12/9/2021). Multifamily Housing Developments with exclusively single-family detached dwelling units shall be permitted on lots 20 acres or more in area. The requirements of section 470.6 A-H shall apply except as modified in this section 4.70.6.1:

1.

Area and bulk requirements.

Minimum lot size: 20 Acres

Maximum density: 2 Dwelling units per developable acre.

Maximum lot coverage: 30%

Maximum impervious coverage: 30%

Minimum yard setbacks and buffers:

Front: 50 feet

Side: 35 feet

Rear: 50 feet

Pursuant to article X, section 10.20, landscaping standards, paragraph B(i) buffer yards, the commission may require an "A" buffer yard when a special permit is being approved for such a lot abutting another lot in a residential district. An "A" buffer yard is 25 feet deep. Front, side, and rear yard areas can be used to satisfy this buffer yard requirements.

Maximum building height: Two occupied stories

Maximum bedrooms per dwelling unit: Three

Minimum/maximum floor area: N/A

2.

Additional design standards.

a.

All dwelling units shall be single-family units separate and detached from all other units.

b.

Each dwelling unit shall have a full basement under the units living area.

c.

All interior roads, sidewalks and utilities shall be privately owned and maintained. All exterior areas of the development shall be maintained by an association of the owners.

d.

Each unit shall be set back a minimum of 25 feet from any interior private roadway.

e.

Each dwelling unit shall be separated from any other dwelling unit by a minimum of 20 feet.

f.

Each unit shall have a minimum of 2,000 square feet of a rear yard exclusively devoted to that unit for its use by way of a limited common element, deed or easement restriction.

g.

The development shall provide a minimum of two amenities listed in 4.70.6.E.

h.

Solid waste removal and recycling services shall be by private contractor.

i.

The development shall be serviced by public water and sewer.

4.70.7. Requirements for rear lots. All proposed rear lots require separate applications to the commission as both 1.) a special permit and 2.) a subdivision in addition to meeting the appropriate requirements of sections 4.40 and of 4.40.1, if requested by the commission. Rear lots are permitted only as follows:

1.

In single family open space subdivisions and

2.

On lots created prior to December 4, 1987 having frontage on streets that existed prior to the original division or subdivision of their parent parcel. (Amended 6/03/04)

Except for paragraph 2 above, rear lots are prohibited in conventional subdivisions or subsequent re-subdivisions. Further, the commission must make a finding that all rear lots meet the following criteria: (Amended 6/03/04)

A.

The commission must make a finding that all rear lots are:

i.

In harmony with the area in which they are proposed;

ii.

Designed to protect the privacy and values of neighboring properties;

iii.

Designed to be compatible with the sites natural features;

iv.

Determined to be the most appropriate use of such land; and

v.

Not in conflict with future public access needs of the neighborhood in which they are located based on the plan of conservation and development.

B.

Applicability: Rear lots shall be used for only one single family dwelling per lot and permitted accessory buildings and are permitted only in the R-88, R-44 and R-33 zones.

C.

All rear lots shall meet the following criteria:

i.

The front yard of the rear lot shall be measured from the rear lot line of the lot between it and the street or as determined by the commission;

ii.

On a rear lot the residential structures shall be located no further than 750 feet from the street to which the rear lot has access. This distance shall be measured along the centerline of the driveway providing access to the street.

iii.

When the principle entrance of the residential structure on a rear lot is located further than 200 feet from the street to which the rear lot has access, a residential sprinkler system designed and installed in accordance with N.F.P.A. Standards (13D) may be required by the commission. Such a system must be designed and installed by a properly licensed person or firm and all such systems shall be inspected by the local fire marshal or his or her designee prior to issuance of a certificate of occupancy.

iv.

The driveway providing access to the rear lot shall consist of a minimum ten-inch depth crushed stone base acceptable in design to the director of public works, the fire marshall, and fire chief of the appropriate fire district, and the commission and capable of accommodating fire department equipment. The surface of the driveway shall be a minimum of 12 feet wide for its entire length. The driveway shall have an additional passable area of at least three feet on each side capable of supporting fire apparatus and free of obstructions. No structure or landscaping shall be placed within this required 18-foot wide access area. The commission may require the driveway to be paved in total, or in part, based upon its length, slope and design. The lot owner shall maintain a vertical clearance of 15 feet along the entire length of the driveway.

v.

Only two rear lots may be accessed over a single common driveway. An access easement identifying maintenance obligations shall be filed on the land records prior to the issuance of a building permit.

vi.

No more than two contiguous rear lots may be approved.

vii.

Driveways serving rear lots shall be located no closer together than 300 feet at the street line when located on the same side of the street and located in such a manner as to avoid traffic congestion and conflicts.

viii.

No parking shall be permitted within the 18 feet wide driveway described in paragraph iv. Above and such a restriction on parking shall be recorded in the office of the town clerk as an encumbrance on the lot.

ix.

A car turnaround designed and built to standards established by the director of public works shall be provided at the terminus of each driveway to a rear lot.

x.

The street entrance to each rear lot shall be posted with a sign containing the house number and street name of the rear lot. Such a sign shall be a minimum of one and one-half square feet per side and a maximum of three square feet per side, and of such a design that it provides clear indication of the address of the rear lot.

xi.

The area of the driveway shall not be used to determine the minimum lot area for a rear lot.

xii.

The commission may require the planting of an evergreen screen within any or all yard setback areas to ensure privacy of lots adjacent to rear lots. Evergreens shall be used for such screening and shall be a minimum of four feet in height at time of planting and shall be planted in staggered rows no further than six feet on center.

xiii.

The commission may require additional yard setbacks, landscaping/screening, or fire protection measures.

xiv.

The commission shall find that the subject site is more appropriate for rear lot development than for conventional development and that the proposed development will not have negative impact on adjacent properties nor preclude the appropriate development of adjacent properties including connective street patterns to presently vacant land.

xv.

All rear lots in an open space subdivision shall have the minimum frontage on an existing or proposed public road. Proposed rear lots on lots created prior to December 4, 1987 may be served by a minimum 25-foot permanent easement provided a shared driveway is utilized with the front lot. The proposed easements and shared driveway agreements must be submitted along with any application and shall filed on the land records prior to or at the same time as the final record plan. (Amended 6/03/04)

4.70.8. Large flexible residential housing. (Added 09/21/18)

A.

Purpose: The goals of this section are the following:

1.

To provide a choice in the types of multifamily residential living units available for present and future residents of the Town of Enfield.

2.

To provide for a transitional use from residential zones to industrial and commercial zones.

3.

To provide an alternate form of residential development so that multifamily housing units can be located in appropriate areas close to commercial and business zones.

4.

To allow a mixed use of residential and business uses within the same overall area as a transition between zones.

5.

To permit flexible site design which is in harmony with the residential and commercial units in the area.

B.

Applicability: This section shall only apply to any parcel or adjacent parcels under the same ownership that comprises 25 or more contiguous acres, which parcel shall be zoned both residential and commercial or industrial, of which a minimum of 15 acres shall be zoned residential and the residential development shall be in the residential zone portion of the parcel and such parcel shall be located in the I-91 Corridor. The I-91 Corridor is defined for the purpose of this regulation as land in the Town of Enfield which is located within one mile of the State of Connecticut right of way lines or boundary lines for I-91.

C.

Application requirements and procedures:

1.

The applicant shall apply for a special permit consistent with the requirements of sections 4.70.1, 4.70.2, 4.70.3, and 9.20. The use will be allowed in all residential zones except R-88.

2.

The development shall be connected to public water and public sewer and shall have gas service if a gas line is adjacent to the site and available to the site.

3.

The development is located on a "collector road", as determined by Connecticut DOT standards and has adequate access from major streets and highways and will not adversely impact vehicular or pedestrian traffic patterns or public safety.

4.

In making its decision to issue a special permit, the commission, in addition to the criteria set forth in section 9.20 shall determine that the proposed development shall have an appropriate range of services including at least four of the following amenities:

a.

Scenic area displaying natural or artificial water feature;

b.

Planting areas;

c.

Outdoor picnic area;

d.

Fitness center facility;

e.

Sports court (court used for tennis, basketball, and/or volleyball);

f.

Outdoor pool;

g.

Indoor pool;

h.

Putting green;

i.

A community building or space

j.

Outdoor recreational facilities, including but not limited to landscaped walking trails and pedestrian area with benches or community gardens (flower or vegetable

k.

Other deliberately shaped area(s) or focal feature(s) that enhance community space.

5.

A Management plan shall be submitted along with the site plan as a requirement of the special permit. The management plan shall outline the maintenance and management plan for the large flexible residential housing, including the operation and maintenance of grounds, streets, driveways, storm water drainage system, signage and roadway lighting as well as general landscaping

6.

The concept of the large area flexible residential housing should be an area of land uses that serve to insulate and protect the integrity and environmental health of adjacent residential areas.

7.

The commission shall determine the adequacy of buffer areas for abutting properties and areas taking into consideration the requirements included in other parts of these regulations. No buildings shall be located within 100 feet of any existing single-family homes.

8.

Open space: There shall be a minimum set aside of open space equal to 1,000 square feet per dwelling unit. The commission may reject any area used in the open space calculation which due to steepness of slopes, or wetlands concerns such as flooding should not be considered in the open space calculation. Any undeveloped areas that are used for determining permitted density shall be reserved for open space or recreational purposes as approved by the commission. A walking/hiking trail or other pedestrian area may be counted as open space.

9.

Basements or cellars shall not be required but are not precluded. All units shall be provided with reasonable onsite storage in the same building where the unit is located.

10.

The commission will permit uses on the non-residential zone portions of the parcel consistent with these regulations. A special use permit shall be required for all non-residential uses as allowed under this subsection. Any such application for non-residential uses shall demonstrate that the proposed uses are compatible with the residential units and shall not negatively impact the residential units.

11.

The layout and plans for buildings shall be designed for the safety and convenience of the residents.

12.

Sidewalks shall be required.

D.

Design standards:

1.

Residential developments shall meet the following area and bulk requirements:

Allowed Housing Types: Multi-unit buildings, townhouses, garden apartments, planned unit developments
Minimum Lot Area: 25 acres
Maximum Density: 16 Units per Developable Acre
Maximum Lot Coverage:
(Note: Maximum Lot Coverage, defined as building coverage)
30% of Developable Acres
Maximum Impervious Coverage: 66% of Developable Acres
Minimum Yard Setbacks:
 Front: 50 feet
 Side: 35 feet
 Rear: 50 feet
Maximum Building Height: 3 occupied stories with the eve line of the roof not to exceed 36 feet and the ridge line of the roof not to exceed 45 feet.
Minimum Residential Floor Area:
 Studio/Efficiency: 600 square feet
 One Bedroom: 700 square feet
 Two Bedrooms: 900 square feet
Maximum Bedrooms per Dwelling Unit: 2 bedrooms

 

2.

Parking standards shall apply in accordance with article X, site development regulations, table 10.10.2, and a portion of the parking areas may be located in other zones on the parcel.

(Ord. of 12-9-2021)

Section 4.80. - Special provisions related to the lake overlay district.

A.

Purpose: The purpose of this section is to provide for standards for the Crescent Lake and Shaker Pine Lake districts aka the lake overlay district.

B.

The Crescent Lake and Shaker Pine Lake district pose unique zoning issues for the property owners in that the lots are mostly if not all non- conforming and many of the structures are also non-conforming.

In addition, the mean high-water mark of the lakes varies. The front yard of the properties is defined as the lake side elsewhere in these regulations.

C.

This section provides a method for property owners of the lake districts to apply for improvements to their property.

Property owners within the two lake districts may apply for a special permit to improve the main structure or add an accessory structure.

D.

The commission shall use the criteria required for the review of a special permit to consider such applications. The commission may reduce the front, rear, or side yard by no more than what is consistent with the average front, rear or side yards existing for the block face on which the property is located as of July 1, 2017.

E.

For properties under 11,000 square feet in lot area, the commission may approve an increase in lot coverage up to 25 percent.

(Added 09/08/17; Ord. of 3-25-2021)

Section 4.90. - Farm brewery, cidery, distillery and winery.

A.

Purpose: The purpose of this section is to promote alternative uses for farms so they may remain economically viable, to include breweries, cideries, distilleries and wineries as a special use.

1.

Permitted uses via special permit include tastings, tours, retail, and wholesale sales of products grown or manufactured on the premises, sale of merchandise related to the products grown or manufactured on the premises or up to 40 percent sale of merchandise unrelated to farming operations in general on the premises.

2.

Minimum lot size: Five contiguous acres under single ownership and/or leasehold in any zone.

3.

Setbacks requirements: Structures and areas used for outdoor activities such as outdoor seating and tastings shall be located a minimum of 100 feet from all property lines. However, buildings, structures and outdoor activities may be located not less than ten feet to a rear yard or a side yard when located adjacent to permanently protected farmland, open space, or forestland.

4.

Parking and access requirements: A reasonable parking area of 15 spaces per 1,000 square feet of patron floor seating and tasting areas (in and outside combined) with the potential to increase as needed. Permeable parking surface is permitted and recommended

5.

Refuse areas shall be properly screened from public view and shall be located adjacent to buildings and at least 100 feet from adjacent properties.

6.

Buffer standards: A vegetated buffer, fencing or combination thereof may be required to reduce disturbance to adjacent residential zones or residences.

7.

Lighting: Exterior lighting shall be fully shielded, downward directed, and shall not create glare or emit light beyond the property boundary it serves. Exterior lighting, other than the minimum extent required for safety, shall be extinguished beyond the permitted hours of operation.

8.

Sign standards:

Street signage: 1-20 square foot double sided freestanding sign along frontage

Attached signage: two square feet/linear foot of building, not to exceed 32 square feet.

9.

Hours of operation per state permit.

10.

Food trucks may be permitted, subject to obtaining all required health department approvals, but shall be subordinate to the farm brewery, cidery, distillery or winery. Establishments may allow visitors to bring prepared food.

11.

Outdoor entertainment may be permitted but shall be subordinate to the farm brewery, cidery, distillery or winery and shall not be amplified.

12.

Deliveries and pick-up shall not occur between 10:00 p.m. and 6:00 a.m., when adjacent to a residence or residential zone.

(Ord. of 1-13-2022)