No building or other structure including those on Town property shall be erected, materially altered, rebuilt or moved and no land or building or part thereof shall be used or occupied or changed in use, except in conformity with these Regulations, and without first obtaining a permit from the Zoning Commission in accordance with Section 18.2.

A lot may be subdivided into two or more lots, provided that all resulting lots and all buildings thereon shall comply with all of the applicable provisions of this regulation. If such lot, however, is occupied by a complying building, such lot may be subdivided provided such subdivision does not create a noncompliance.

3.2.1.

No principal building, accessory building or structure shall be erected unless the lot requirements prescribed by Section 2 (Establishment of Zones) of these Regulations and the Master Chart are met, or, in the alternative, that it is a lot as defined in Section 20 (Definitions) hereof.

3.2.2.

The lot or yard areas required for a particular building shall not be included as part of the required lot or yard areas for any other building; no lot or yard areas of buildings existing at the time of adoption of these regulations shall be diminished below the requirements herein provided for buildings to be hereafter erected; no lot or yard area shall hereafter be divided and improved with one or more buildings, including accessory buildings, unless each and every lot resulting from such division shall conform to the requirements herein prescribed for buildings and other Structures to be erected hereafter.

a.

The minimum setback distance for a Structure from a Town boundary line shall be 30 feet.

b.

Setbacks and front yards for interior lots shall be measured from the lot front boundary line (excluding the access strip) not from the road right of way line for the portion of the front lot line relating to the access strip owned in fee.

3.2.3.

If the division of a lot area referred to in the foregoing 3.2.2 shall constitute a subdivision, no zoning permit shall be issued until full compliance has been made with all provisions of the Subdivision Regulations of the Roxbury Planning Commission.

3.2.4.

No land area shall hereafter be divided in such a manner as to create a non-conforming lot.

3.2.5.

No lot shall be so reduced in size or frontage that it fails to meet the minimum requirements of these Regulations for the zone in which it is located except as provided under requirements establishing:

a.

Special Permit building lots as part of an approved interior residence lot plan on file with the Town Clerk as provided under Section 6 of these Regulations, or

b.

Conservation subdivision lots as part of an approved plan on file with the Town Clerk as provided under Subdivision Regulations.

3.2.6.

No building permit or special permit shall be issued for any lot requiring subdivision or resubdivision approval under Subdivision Regulations until the approved subdivision map plan has been endorsed by the Chairman or the Secretary of the Planning Commission and filed in the Office of the Town Clerk. All applicants shall provide evidence from the appropriate commissions that each proposal has been checked for conformity with Subdivision Regulations and Inland-Wetlands Regulations.

3.2.7.

A residential lot in any zone shall have access to buildable, non-wetlands area of at least two contiguous acres, which access shall not substantially impinge on wetlands.

3.2.8.

Although subject to setback and yard regulations, ground-mounted mechanical units. Such as air conditioning compressors, propane tank, and generators shall not be deemed structures for purposes of Floor Area Ratios, and patios or terraces shall not be deemed structures for purposes of Floor Area Ratio but shall adhere to all required setbacks. If the patio or terrace is three feet or more above adjacent grade at any point, such as with a retaining wall, it will be included in Floor Area Ratio.

3.3.1.

In the case of a corner lot, the front lot line shall be that street line upon which the principal doorway entrance of the principal building faces.

3.3.2.

On any corner lot the minimum width of any side yard along the street lot line shall not be less than one-half of the sum of the minimum side and front yards required for the zone in which the lot is located.

3.3.3.

On any corner lot there shall be no building, fence, wall or planting located within a triangular space on the lot bounded by the two intersecting street center lines and a straight line connecting a point on one street center line 30 feet from the intersection with a point on the other street center line 30 feet from the intersection, so as not to obstruct a clear line of sight anywhere across such a triangle between an observer's eye at an elevation of three and half feet above one street line and an object one foot above the other street line.

Plans for new construction or alterations shall provide for external surfacing of brick, stone, wood, concrete, aluminum, vinyl, fiberglass, or a combination of such building materials.

3.5.1.

Fences shall not obstruct visibility for motorists entering and leaving a site or driving on a public highway and shall pose no other danger to public safety.

3.5.2.

No fence or wall or combination thereof shall exceed six feet in height when within the front, side and rear setback areas as stipulated in the master chart. Shrubbery, trees, and hedges shall not be subject to the six-foot height requirement.

3.5.2.1

Deer Fences may be installed to a height not to exceed eight feet provided that:

a.

Deer Fencing installed in a front yard shall meet the front yard setback as stipulated in the master chart except deer fencing may be located on the side and rear yard property lines.

b.

Deer fencing shall be constructed of vinyl or vinyl coated materials, shall be dark green, black, or brown in color to blend in with the natural landscape, and the fence shall be of open design (mesh) so as to blend in with the natural landscape.

c.

Deer fence posts and other associated appurtenances shall be dark green, black, or brown in color to blend in with the natural landscape.

3.5.3.

The height of a fence or wall shall be measured from ground level at the base of the fence. Where a berm is constructed and/or grading is done solely to increase the effective height of a fence, the fence's height shall be measured from the ground elevation prior to the change in topography.

3.5.4.

The frame or supporting members shall be on the installer's side; the good or finished side shall face the street or the abutting owner's property.

3.5.5.

Barbed wire and electric fences are prohibited with the exception of fences erected to contain livestock for agricultural use.

3.5.6.

Razor wire or its equivalent is prohibited.

No building requiring a septic system shall be erected without prior written approval of the Director of Health of the Town of Roxbury or his authorized agent concerning the plan and test results of the proposed sewage disposal facilities and provisions for domestic water supply as prescribed by the Public Health Code of the State of Connecticut.

No structure shall be built on a wetland or stream belt area in Roxbury unless the necessary permit has been issued by the Inland Wetlands Commission.

There shall be no building in flood prone areas except in conformity under the Federal Flood Insurance Program.

3.9.1.

All livestock or poultry shall be kept in approved enclosures and shall not be allowed to roam at large.

3.9.2.

No stable, pig pen, chicken house or other structure used for the housing of animals shall be located within 50 feet of any pond, lake, river or watercourse.

3.9.3.

No building for the housing of animals other than small domestic animals such as dogs or cats shall be located within 100 feet of any street line or the side boundary line of an adjoining lot.

3.9.4.

No fenced yard for livestock shall be located closer than 100 feet of any street line or 100 feet of the side boundary line of an adjoining lot. A fenced yard for livestock is an enclosure or fenced area designed to contain or confine animals. Said yard or enclosure may be commonly referred to as a barnyard, paddock, pen, etc. and is not to be confused with a fenced pasture used for grazing or hay production.

3.9.5.

No poultry house in Zones A or B shall house more than 100 birds, or have a floor area of more than 300 square feet; there shall not be more than one house to each residence to which it is appurtenant.

3.9.6.

The density of horses on a lot shall not exceed one horse six months old or older per one acre of lot area.

3.9.7.

No indoor riding arena shall be located closer than 50 feet of any street line or side boundary. The arena may only be used for the purpose of riding and may not be used for the housing of animals.

3.9.8.

Manure shall be stored not less than 100 feet from street and property lines.

3.9.9.

Manure shall be removed at intervals sufficiently frequent to maintain a sanitary, fly-free condition.

3.9.10.

Manure drainage shall not run into a wetland or onto other property.

3.10.1.

Except as expressly permitted in these Regulations, it is the general intent of these Regulations that non-conformities shall not be expanded, and that they shall be changed to conformity as quickly as the fair interests of the owners permit, and that the existence of a non-conformity shall not in itself be considered grounds for the issuance of a variance for other property.

3.10.2.

Non-conforming uses, structures (including buildings), and lots shall be defined as set forth in Sections 20.64, 20.64.1 and 20.64.2 respectively.

3.10.3.

Any non-conforming building, lot, or use of land or building may be continued in the form and to the extent existing when the legally created building, lot, or use became non-conforming.

3.10.4.

No non-conforming building, lot or use, if once changed to conformity shall be changed back so as to violate the Regulations at the time of the change.

3.10.5.

Except as expressly permitted by these Regulations, no non-conforming use of land shall be enlarged, extended, or altered, and no building or other structure or part thereof devoted to a non-conforming use shall be enlarged, extended, constructed, reconstructed, or structurally altered, except where the result of such a change is to reduce or eliminate the non-conformity.

3.10.6.

Unless specifically permitted in these Regulations, no non-conforming building or other structure devoted to a conforming use shall be enlarged, extended, reconstructed, or structurally altered on the exterior except where the results of such change is to reduce or eliminate the non-conformity. The following are the permitted exceptions to this prohibition to allow a limited right to expand certain non-conforming buildings:.

3.10.6.1

Limited Right to expand a non-conforming primary dwelling. A legally existing non-conforming primary dwelling unit, which fails to conform to any setback requirements contained in these Regulations, may be expanded, altered, or enlarged up to a maximum of 25 percent of the dwelling's existing footprint. The use of such expanded, altered or enlarged dwelling, including the expanded portion, is strictly limited to human habitation. (This expansion is also subject to the requirements of Section 3.10.7 of these Regulations.)

3.10.6.2

Limited right to expand a non-conforming barn building. Any non-conforming barn located fully or partly within a front setback can be enlarged by 25% of its existing footprint by either expanding back away from non-conformity (as described at Section 3.10.7 of these Regulations) and/or vertically no higher than the legally pre-existing height (ridgeline). The vertical expansion must also back away from non-conformity. In case of a barn on a corner lot with frontage on two intersecting streets, the enlargement permitted may only be vertical.

3.10.6.3

Limited Right to expand a non-conforming business/commercial building. A legally existing non-conforming business/commercial building, which fails to conform to any setback requirements contained in these Regulations, may be expanded, altered, or enlarged up to a maximum of 25 percent of the building's existing footprint. The applicant shall provide evidence to the Commission that the building qualifies as a legal non-conforming business/commercial use. (This expansion is also subject to the requirements of Section 3.10.7 of these Regulations).

3.10.6.4

Adaptive reuse for barns and Historic Barns. Nothing in these Regulations shall prevent the adaptive reuse of barns that are deemed Historic Resources ("Historic Barns") consistent with the requirements of Sections 3.10.6 and 3.10.7.3 For Historic Barns that are legally non-conforming as to setback requirements, such Historic Barn buildings may be expanded 25 percent of the footprint provided that the same 25 percent limited expansion requirements set out at 3.10.6.2 are met. In all cases where Historic Barns are changed from barn use to other permitted uses within the relevant zone, whether throughout the building or in part, a grant of a special permit by the Commission is required for that change in accordance with Sections 4.3.8 and 4.5 of these Regulations. For adaptive reuse of a barn not qualifying as a Historic Barn, but non-conforming as to setback, the Commission may grant a special permit on application of the Owner to allow the expanded/non-conforming portion of the barn to be adaptively reused as finished spaces; provided however there shall be no bedrooms or kitchen facilities (no cooking or sleeping) in any portion of the structure within the setback. Further, no portion of the non-conforming area may be an extension of an accessory apartment in the conforming addition. In considering the special permit for adaptive reuse of both Historic Barns and other barns non-conforming as to setback, the Commission may consider and attach conditions as to preservation of the barn exterior with allowance for foundation and structural elements to be rebuilt or reinforced to improve safety and meet building codes and insurance requirements. No special permit approval is required for bona fide agricultural uses of Historic Barns or other existing barns. (The barn expansions are also subject to the requirements of 3.10.7)

3.10.7.

Where expansion of non-conforming buildings is allowed in these Regulations the following shall apply by Special Permit.

3.10.7.1

The height of the expanded, altered or enlarged portion of the dwelling, barn, or business / commercial building may not exceed the pre-existing height (ridgeline) nor shall it exceed any other height limitations contained in these Regulations. If a roof expansion, the portion of the roof vertically expanded, shall not exceed 25 percent of the particular primary roof surface for which the vertical expansion applies. The vertical expansion must also back away from non-conformity. Additionally, any such expansion shall conform to all applicable setback requirements and other applicable requirements in these Regulations other than expansion permitted by this Regulation Section 3.10, so as not to expand upon any other non-conformity.

3.10.7.2

Any increase in footprint within a setback line must be positioned behind the non-conforming dwelling, barn, or commercial building (or away from the affected property line with no lateral expansion within that setback.) For example, where a dwelling is located within the front setback, the addition must be behind the dwelling so that no portion of the expanded footprint laterally increases the setback non-conformity.

3.10.7.3

Excluding Historic Barns and other barns, the expansions allowed at Section 3.10.6. as qualified by Section 3.10.7, do not apply to accessory buildings. Further the expansions permitted at Section 3.10.6 may be utilized only once per building lot (or if less than 25 percent is approved on the first such application, multiple applications may be permitted providing that in aggregate the expansion does not exceed 25 percent of the existing dwelling at the time of the first expansion request). In applying under 3.10.6 and 3.10.7 of these Regulations, an applicant shall provide copies of the assessor's records documenting that the building has not previously been expanded, or, if a previous expansion has occurred, the applicant shall provide evidence that the expansion was approved by the Commission and that such expansion did not exceed the applicable 25 percent limitations. To exercise this right, the Zoning Enforcement Officer or Commission may require a to-scale plot plan or a Class A-2 Zoning Location Survey prepared by a Licensed Land Surveyor showing at a minimum, the existing and proposed footprint, property lines and zoning setback lines and/or Architectural Plans including building elevations shall be submitted together with an application for a Special Permit.

3.10.8.

As to non-conforming lots, nothing in these Regulations shall prevent the enlargement, extension or structural alterations of an existing building or the construction of a building which is an accessory to an existing building on or the use of a lot which is a non-conforming lot provided:

3.10.8.1

The use and building on the lot shall conform to all other requirements of these Regulations, and

3.10.8.2

Other than barns under Section 3.10.6., the use of the lot shall not be a use for which a special permit is required, and

3.10.8.3

The owner of the lot shall not own sufficient contiguous land to make a conforming or more nearly conforming lot.

3.10.9.

A non-conforming use, lot, or structure (including a non-conforming building) must be supported by a written statement by owner demonstrating that it legally existed at the time these Regulations were first established, or was a permitted use under these Regulations prior to their being amended; that it has been in continuous use; and that its scope has not been illegally expanded except as allowed under these Regulations.

3.10.10.

Absent competent evidence of an intent of an owner to continue and not to abandon a non-conformity, and subject to the requirements of Section 3.10.11. and 4.3.8.5., no non-conforming building or use, which shall have been discontinued for a period of one year or more, shall be resumed or replaced by the same or any other non-conformity.

3.10.11.

A non-conforming building or structure or non-conforming portion thereof which is damaged or destroyed by fire, explosion, or Act of God or other casualty, may be rebuilt or restored to the same non-conforming building or structure as legally existed before such damage, provided the work to restore or rebuild is started within one year of the date of damage and completed within two years of such damage, that the dimensions, location on the lot, and use remain unchanged or more nearly conform with these Regulations, that such work shall adhere to all procedures necessary to obtain a proper Zoning Permit for such work. Further, for Historic Barns, the special requirements of Section 4.3.8.5. shall also apply to such rebuilding or restoration.

3.10.12.

Except as expressly allowed in these Regulations, no vertical expansions of non-conforming buildings or structures shall be allowed.

3.11.1.

Any access way leading to another lot shall be deemed to divide the parcel through which it passes into two or more lots each of which shall conform to the requirements of the zone in which it is located.

3.11.2.

A cul-de-sac at the end of an access way shall have a radius of not less than 60 feet and shall provide for the easy movement of vehicular traffic, the convenient access of emergency vehicles and parking provisions to avoid congestion.