No building, structure, or land in the Town of Roxbury shall be used or occupied for the purposes permitted in the district, except as prescribed in this section. Any use not listed shall be expressly excluded.

The following uses shall be permitted subject to provisions of other sections:

4.2.1.

Single Family detached dwelling, one per lot;

4.2.2.

Streets, parks, playgrounds, public school grounds and town buildings; subject to referral to the Roxbury Planning Commission.

4.2.3.

Farming; including dairying, horse, cattle, poultry and sheep, truck gardening, nurseries, greenhouses.

4.2.4.

Roadside farm product stands for the sale of farm products provided the major portion of such products is raised on the premises where the stand is located and the stand does not exceed three hundred (300) square feet in size.

4.2.5.

Private garages, barns, sheds, shelters, silos and other structures customarily accessory to residential estates, farms or resident uses.

4.2.6.

Windmills subject to the provisions of Section 5.7.

4.2.7.

Customary home enterprise as defined in Section 8.

4.2.8.

Signs subject to the provisions of Section 12.

4.2.9.

The use of a trailer or camper by a nonresident on a lot with a single-family dwelling shall be permitted not to exceed up to three weeks annually.

4.2.10.

Mobile Homes subject to the provisions of Section 11.

4.2.11.

Accommodation for the Disabled. The Commission may, at its discretion and upon application by the owner, issue a permit for the temporary installation of an access ramp, elevator, or other facility intended exclusively to provide a means of access to, or within, a residence or other Structure for a resident with a Disability, though such an installation would otherwise be prohibited under these Regulations. The permit shall expire and the facility shall be removed upon the earlier of (i) the tenth anniversary of the approval unless an application to renew is made, and (ii) the date the disabled resident named in the application or his or her estate or administrator shall permanently relinquish residence of the property on which the facility is located. The Commission may, at its discretion, impose such reasonable conditions as it deems appropriate including, without limitation, requiring submission of a bond to secure the obligation to remove the facility upon expiration of the permit. The Commission may also at its discretion accept an application to renew said permit after the tenth anniversary referred to above. For purposes of this section, the term "Disability" shall have the meaning ascribed to such term in The Americans with Disabilities Act.

The following principal uses shall be permitted in the Residence Zone A and B when authorized by the Zoning Commission as a Special Permit in accordance with Section 6.

4.3.1.

Private schools licensed by the State of Connecticut, colleges and universities when located on a lot of at least five (5) acres.

4.3.2.

All Family Day Care Centers must be licensed by the Conn. Dept. of Social Services in accordance with Sections 17-585-1 through 17-585-16 inclusive of the Regulations of Conn. State Agencies.

4.3.3.

Education, religious, scientific, literary and historic institutions; agricultural and horticultural societies; including the buildings and facilities necessary and appropriate to such uses and which are compatible with the general character and appearance of the Town.

4.3.4.

Churches, Sunday schools, rectories, volunteer fire departments, volunteer ambulance and emergency services, municipal police department or police headquarters, schools licensed by the State of Connecticut, libraries and museums.

4.3.5.

Cemeteries.

4.3.6.

Elderly housing and related accessory structures by:

a.

Community Housing Development Corporation meeting the requirements of the Connecticut General Statutes, Section 8-217, as amended; or

b.

Nonprofit organization which has qualified for tax exempt status as a charitable organization by the IRS pursuant to the federal tax code and is certified by the State Commissioner of Housing as able to carry out the proposed elderly housing.

4.3.7.

Personal Wireless Service Facilities and Towers shall be permitted by special permit only.

4.3.8.

Adaptive Reuse of Historic Barns.

1.

Purpose. To encourage the viability, reuse, restoration, and rehabilitation of historic barns that are no longer associated with an agricultural use, by allowing, within the legally existing dimensions of such barns, other uses allowed in the district in which they are located. The commission shall determine that any changes associated with the adaptive reuse shall not alter the facade of the building so as to lose the essential historic barn character, shall be in keeping with the essential character of the neighborhood, shall not be detrimental to adjacent property, and shall not endanger the health, safety, and general welfare of the community. In making its determination, the commission may request the advice of the Historic District Commission and other land-use commissions.

2.

Applicability. Barns that qualify as Historic Resources.

3.

Special Requirements. All adaptive reuse, restoration and rehabilitation of historic barns shall also meet the following requirements:

a.

If the barn is a nonconforming structure, the adaptive reuse shall in no way increase the degree of nonconformity, except in accordance with the requirements of Section 3.10.

b.

The commission shall determine that the proposed adaptive reuse shall not significantly alter the footprint, essential character, or immediate context (e.g., barnyard) of the historic barn. In reviewing proposals for adaptive reuse of historic barns, the Zoning Commission shall determine that the historic character of the barn will be retained to the extent practical. In making its determination, the commission may request the advice of the Historic District Commission and other land-use commissions.

4.

A special permit issued for an adaptive reuse of a barn deemed a Historic Resource shall clearly state that the reuse is allowed only as a permitted use of the existing structure, and a prior pre-existing nonconforming use shall not be re-established if the structure is substantially modified, except in accordance with the requirements of these regulations. All applicable municipal permits and approvals shall be obtained prior to the re-establishment of such use in a substantially modified structure.

5.

In the event that the historic barn is destroyed by fire, explosions, or acts of God, the barn may be reconstructed and the adaptive reuse re-established with the approval of the Zoning Commission providing the Zoning Commission shall determine that the replacement structure closely replicates the historic structure in architectural style, form, massing, scale, building materials, windows, and doors.

6.

Historic Barns located in the Roxbury Historic District shall independently meet the requirements of the Historic District Commission.

Customary uses incidental to the principal uses in Sections 4.2 and 4.3 shall be permitted in Residence Zones A, B and C subject to the following and other requirements of these Regulations:

4.4.1.

Home Enterprise, Accessory Apartment, Guest House.

a.

There shall be only one (1) accessory building for the purpose of Home Enterprise per approved lot.

b.

There shall be only one (1) accessory building for the purpose of either an Accessory Apartment or a Guest House per lot.

4.4.2.

In Zones B and C only, one Membrane Structure of no more than three hundred (300) square feet is allowed per residential lot for the purpose of providing non-commercial storage for vehicles, boats, recreational vehicles, and other personal property. This Membrane Structure shall not be located within front, rear, or side setbacks, or less than one hundred (100) feet from any street, and shall be in compliance with the State Building Code.

4.4.3.

In Zones A, B, and C, temporary Membrane Structures are allowed for special events, such as weddings, parties, charitable events, garden tours, and similar activities, for a period of no more than five days. These Membrane Structures shall be in compliance with the State Building Code.

4.4.4.

In Zones A, B, and C, one outdoor Portable Storage Container is permitted on an individual property for a maximum of ninety (90) days, provided that the container is not located within the property's front, side, or rear setbacks, and that the container is no more than eight (8) feet in height with a footprint of no more than one hundred (100) and twenty-eight (128) square feet.

The following principal uses shall be permitted in the Residence Zone C when authorized by the Zoning Commission as a Special Permit in accordance with Section 6:

4.5.1.

All uses permitted by special permit in Residence Zone A and B.

4.5.2.

Fraternal lodges; private membership clubs for tennis, golf, swimming, horseback riding or other recreational purposes, including buildings and facilities necessary and appropriate to such uses subject to the following conditions:

a.

The lodge or club shall be located on a lot not less than five (5) acres in area.

b.

No building shall be located less than seventy-five (75) feet from any street line or less than one hundred fifty (150) feet from any adjoining property line.

c.

The furnishing of meals, refreshments, and entertainment shall be only incidental to the conduct of the lodge or club and the sole benefit of the members and their guests.

d.

Provision for adequate off-street parking as defined in Section 13.

4.5.3.

Nursing homes licensed by the State of Connecticut subject to the following conditions:

a.

The nursing home shall be located on a lot not less than five (5) acres.

b.

No building shall be less than seventy-five (75) feet from any street line or less than one hundred fifty (150) feet from any adjoining property lines.

4.5.4.

Private airports for the takeoff, landing and storage of aircraft for the use of the property owner and his immediate family for the purpose of providing personal air transportation. No part of the airport shall lie within one mile of another airport or within eighty (80) yards of a public road or utility line nor within three hundred (300) yards of a dwelling house (except one owned by the airport licensee). Neither end of the runway shall be nearer than two hundred (200) yards to a public road or utility line, nor less than four hundred (400) yards from a dwelling house (except one owned by the airport licensee).

The following principal uses shall be permitted and all other principal uses are expressly excluded:

4.6.1.

All uses permitted in Residence A, B and C other than by Special Permit.

4.6.2.

Retail stores, banks, professional offices for attorneys, accountants, medical doctors, dentists, licensed psychologists, veterinarians, architects and licensed engineers.

4.6.3.

All business uses and buildings are subject to Site Plan Requirements, Section 7.

4.6.4.

Driveways as outlined in Section 5.4.

4.6.5.

Residential Apartment dwelling shall be permitted by zoning permit approval as a mixed use in buildings in Zone D based on the following standards:

a.

The lot area shall be sufficient to meet the parking requirements of the principle business use, plus one parking space for each bedroom of each apartment dwelling unit, all on the site; parking shall meet the standards of Section 13.

b.

An apartment dwelling unit shall be equipped with its own kitchen, bath, and utility services that are not shared with the business use or to other mixed use apartments.

c.

Each apartment dwelling shall have its own outside access convenient to parking and access to the lot; Fire escapes shall be located only on the rear or side of the building.

d.

For each building, the total floor area of the residential apartment dwellings shall be secondary to the total floor area of the business use(s) and this calculation shall be provided on the Site Plan;

e.

Each apartment dwelling shall be at least 450 square feet and no more than three such apartments shall be provided per property.

The following principal uses shall be permitted in the Business Zone D when authorized by the Zoning Commission as a Special Permit in accordance with Section 6 and in compliance with Section 5 and 7.

4.7.1.

All uses permitted by special permit in Residence Zones A, B and C.

4.7.2.

All business uses and buildings are subject to Site Plan Requirements, Section 7.

4.7.3.

Retail stores, banks, professional offices for attorneys, accountants, medical doctors, dentists, licensed psychologists, veterinarians, architects and licensed engineers.

4.7.4.

Bed and Breakfast subject to the following standards and requirements:

a.

Owner/Resident. The owner of the bed and breakfast use shall reside in the residential dwelling on the property where the Bed and Breakfast is located.

b.

Parking. Parking shall meet all standards prescribed in Section 13 and the lot shall be large enough to provide sufficient off-street parking for both residential use and the bed and breakfast use. The minimum number of parking spaces for the bed and breakfast use shall be one and one half spaces per guest room. Additional spaces may be required where determined necessary in the judgment of the Commission. A parking lot plan consistent with the requirements of Section 13 shall be submitted with the application. The commission may prescribe suitable natural screening for such parking areas.

c.

Structure Suitable for Use. The applicant must show that the structure is suitably capable of accommodating guest rooms based upon its interior arrangement, size and structural condition.

d.

Maximum Rooms. No more than three (3) guest rooms limited to double occupancy are permitted in a structure.

e.

Bathrooms. Full bathrooms shall be provided at the rate of one per two guest rooms and must meet all applicable Building and Health Codes.

f.

Water and Septic Approval. The applicant shall present certification from the Health Official that the existing or proposed well and subsurface sewage disposal system is adequate to serve the proposed use.

g.

Length of Stay. The length of stay shall not exceed fourteen (14) days per guest. Food service for occupants of guest rooms shall be limited to breakfast only. Food service shall be served to registered guests only.

h.

Food Service. No cooking facilities shall be located in guest rooms and all aspects of food service for guests shall meet the requirements of the Public Health Code.

i.

Fire Protection. The applicant shall present certification from the Roxbury Fire Marshall that the existing or proposed building for use as a Bed and Breakfast will meet the requirements of the State Fire Code.

j.

Requirements. All other requirements of regulations for Business Zone D, including but not limited to sign regulations, shall be applicable to the Bed and Breakfast use.

k.

Permit. The operation of a Bed and Breakfast use shall require a written permit. This permit will be issued by the Zoning Enforcement Officer following approval of a Special Permit by the Commission. The special permit will be effective for a two-year period, and must be renewed by the owner for additional two-year periods.

4.7.5.

Motor Vehicles for Hire Businesses, for the operation and dispatch of Motor Vehicles for Hire which are licensed and registered pursuant to Chapter 244a and/or Chapter 244b of the Connecticut General Statutes. In addition to the requirements of Section 6.2.4, in determining whether a special permit shall be granted for such a use, the Commission shall consider the following special standards and requirements:

1.

Compliance with all state licensing and registration standards relating to the business operation and vehicles are met, and proof of such compliance shall be supplied to the commission.

2.

The commission in its discretion shall determine the maximum number of vehicles for hire to be operated by the applicant; however, the total number of motor vehicles for hire shall not exceed the lesser of eight (8) or the number of parking spaces required by Section 13 of the Regulations. The number of persons employed shall not exceed 10.

3.

Off-street parking and loading requirements shall comply with Section 13.2. "Table of Parking Requirements", subparagraph (i) entitled "commercial not included above" and all the restrictions and standards set forth in Section 13.

4.

Applicant shall supply information regarding proposed trip generation and a plan for ingress, egress, parking and storage of Motor Vehicles for Hire based upon the maximum number of vehicles proposed; such information and plan shall demonstrate to the Commission that the business can be conducted without adversely affecting other uses of the property on which the use will be conducted and adjacent uses.

5.

Failure to maintain current licensing and registration, as required by Chapter 244a and/or 244b of the Connecticut General Statutes, for the business operation and all vehicles shall constitute a violation under this Section and will constitute grounds for revocation of any special permit issued under this Section.

4.7.6.

Adult Day programs, as defined herein, and operated pursuant to C.G.S. Section 17a-226 and approved by contract with the State of Connecticut Department of Developmental Services. In addition to the requirements of Section 6.2.4, in determining whether a special permit shall be granted for such a program, the Commission shall consider the following special standards and requirements:

1.

A copy of the proposed adult day program contract between applicant and the State Department of Developmental Services shall be provided to the Commission. Upon execution of any such contract, a copy of the contract, and any renewals thereof, shall be promptly provided to the Commission.

2.

Based on the standards set forth in this Section 4.7 and in Section 6.2.4, the Commission shall determine the maximum number of participants in the Adult Day Program. However, in no case shall more than 20 adults, staff and participants, be accommodated in any Adult Day Program approved by the Commission.

3.

Off-street parking and loading requirements shall be consistent with Section 13.2.h and all general restrictions and standards set forth in Section 13.

4.

The applicant shall supply evidence that the Adult Day Program will comply with current fire, health and State Department of Developmental Services codes, laws, regulations and requirements. Water supply and sewage disposal systems serving the Day Care center shall be sufficient to accommodate the use as certified by the Town Health Officer.

5.

There shall be safe and adequate provision for boarding and off-boarding program participants from vehicles without hazards to pedestrians and traffic and such provision shall be made on the lot where the facility is located and without the need to use any part of the public street right-of-way for turning.

6.

The use shall be located in a building on a lot having such size, shape, landscaping, screening and parking so as to provide for the health and safety of the program participants.

7.

Failure to maintain a valid contract with the Department of Developmental Services for any Adult Day Program shall constitute a violation under this Section and shall be grounds for revocation of any special permit issued under this Section.

8.

Community Residences for the Mentally Retarded.

a.

Licensee must comply with applicable State and Local laws relating to Health, Fire protection, Safety, Sanitation and Zoning.

b.

No community residence for the mentally retarded is to be established within 1,000 ft. of any other community residence in accordance with State regulations.

c.

To assist emergency personnel, a reflective decal is to be placed on a window of each bedroom housing a mentally retarded person and a floor plan is to be provided to the Roxbury Volunteer Fire Department and Ambulance Association.

d.

Each bedroom is to be equipped with a smoke detector, in accordance with State regulations.

4.7.7.

The Sale of Alcoholic Liquors in restaurants only to patrons who are seated at tables who are served meals.

4.7.8.

Restaurants that comply with the description and purposes of Business Zone D as state in Section 2.4.4 of the Zoning Regulation, with the definition of Restaurant in Section 20.74 and with the following stipulations:

1.

The hours of service daily shall be restricted to between 6 a.m. and 11 p.m.

2.

There shall be no drive-through, drive-in (inside a vehicle), or take out window service.

3.

Food and beverage takeout service may be permitted only if conducted entirely within the Restaurant building and if incidental to the primary table service use.

4.

Live music entertainment may be permitted only if an incidental accessory use to the Restaurant use, if confined to indoor Restaurant spaces, and if the spaces devoted to such use shall not exceed five (5) percent of the gross indoor floor area of the Restaurant building.

5.

Outdoor seating may be permitted if the Zoning Commission determines that such seating is compatible with the public safety, and that such seating does not adversely affect neighboring properties.

6.

If the Commission decides to permit outdoor seating, the Commission shall determine the number of outdoor seats based on the impact of such seating on public safety and on neighboring properties.

7.

The total number of patrons seated inside and outside the Restaurant building at any given time shall not exceed the maximum seating capacity of the Restaurant as determined by the registered sanitarian serving Roxbury.

8.

The Zoning Commission may require barriers, such as large planters, boulders, or fencing, to insure the safety of patrons seated outside the Restaurant.

9.

The Commission may require screening such as fences, walls, hedges, or trees to reduce any adverse impact of exterior seating on neighboring properties.

4.7.9.

Craft Breweries, Distilleries and Wineries.

1.

Purpose: To allow in Business District ("Zone D") by special permit small scale Craft Breweries, Distilleries, and Wineries. This change recognizes that these new types of business are a good fit in the business district (which is limited to five (5) properties along State Highway Route 67) as it fosters the growth of employment, tax revenue, tourism and agriculture all of which is called for in the Plan of Conservation and Development. Local agriculture can benefit from a new demand for local grains, grapes, herbs and other produce as well spent mash, grain or other by-products that can be used as feedstock or compost by area farmers. Tours and tasting rooms can also serve to attract customers to the business district, supporting other businesses in the zone and raising the profile of Roxbury's rich history, as the District is the heart of the town's industrial revolution past and today as the gateway to the Roxbury Land Trust Mine Hill Preserve, which is on the National Historic Register. This use can also serve as a catalyst to redevelop properties in the District. These businesses will be small scale and consistent with the scale of current uses in Zone D. The Craft Breweries, Distilleries, and Wineries businesses are also highly regulated by Federal and State government, providing additional oversight for many aspects of the business.

2.

In addition to compliance with Section 6, 7 and other generally applicable provisions of these Regulations, the Craft Brewery, Distillery or Winery must meet the following special standards and requirements:

a.

Operations, activities and all aspects of the production and business shall be operated at all times in compliance with all federal, state, and local laws, regulations as well as permits and license requirements.

b.

Alcoholic Beverages produced on-site may be provided as free tastings with or without a nonalcoholic beverage, sold for off-site consumption and sold for on-site consumption provided that eighty percent (80%) of gross sales revenues of alcoholic beverages are derived by alcoholic beverages produced on-site.

c.

No production equipment repair or storage of equipment or materials is permitted on the exterior of the building(s) with the exception of grain and similar bins, which shall be screened to minimize the view from the State Highway. All storage facilities shall be shown on the site plan and except as otherwise provided above, shall be in compliance with Section 7.8.11.

d.

The application shall include a description of how spent mash, grain or other by-products will be handled and disposed of off-site so as to not to adversely impact the property or surrounding area.

e.

Tours and related programs shall be allowed, providing parking and access areas for same are designated on the site plan and the real property is permanently maintained in an orderly fashion. Promotional or other special events shall be allowed as an accessory use that is incidental to the Craft Breweries, Distilleries or Wineries business and/or agritourism and shall be limited to not more than two in any one (1) month or ten (10) per calendar year unless a special permit is approved for additional events.

f.

Closed Systems shall be used for any fermentation processes.

g.

The number, size, location, and design of required parking spaces shall comply with the standards of Section 13 of the Regulations unless there is a conflict with the standards of this Section, in which case the standards of this Section shall apply. The Standards at Section 13 shall not apply to temporary parking provided in open areas for special events conducted as an accessory use. There shall be a parking coordinator who shall be present at all times during special events attended by fifty (50) or more persons to manage and direct vehicular movement and parking; The total parking spaces provided for the entire property shall not be less than one (1) handicap space and ten (10) regular spaces. No spaces shall be required for the storage areas,

All uses permitted as accessory uses in Residences Zones A, B. and C and accessory uses to Special Permit uses in Business Zone D.

It is to be understood that any building or use not included in Zones A, B, C, and D of this Section 4 of these Regulations as a permitted use is prohibited. To assist in the interpretation of such permitted uses, the following uses, the list of which is not intended to be exhaustive, are specifically prohibited except as expressly permitted by these Regulations.

4.9.1.

Amusement parks, fair grounds, race tracks, theaters, drive-in movies, miniature golf, golf driving ranges, commercial airports.

4.9.2.

Trailer parks, Membrane Structures and Portable Storage Containers used for commercial purposes, Membrane Structures and Portable Storage Containers intended for residential habitation, and other similar structures. Membrane Structures used for non-commercial storage or temporary special events are permitted if in compliance with Sections 4.4.2 and 4.4.3. Portable Storage Containers used for non-commercial storage are permitted if in compliance with Section 4.4.4.

4.9.3.

Manufacturing and industrial.

4.9.4.

Building detrimental to the health, safety and welfare of the townspeople.

4.9.5.

Slaughterhouses for animals or poultry.

4.9.6.

Billboards and related advertising devices.

4.9.7.

Hospitals and institutions for the mentally ill.

4.9.8.

Penal institutions.

4.9.9.

Public dumps, sanitary landfills, commercial incinerators and other facilities for the disposal of sewage, garbage or other waste materials, except when operated by or under the direct supervision of the Town.

4.9.10.

Commercial hog raising, mink farms.

4.9.11.

Junk yards, as defined in State Statutes.

4.9.12.

Except in an emergency, the landing or takeoff of an aircraft in any area of the Town except at a private airport established and in being either as a nonconformity or through issuance of a zoning permit.

4.9.13.

Commercial Kennels as defined in Section 20.

4.9.14.

Gun Clubs.

4.9.15.

Bar.

4.9.16.

Treehouses shall not be used for human habitation or for commercial uses. Plumbing or permanent electrical shall not be allowed. Treehouses shall not be constructed on or in trees that are deemed endangered or protected by the DEEP.

All unregistered Motor Vehicles shall be garaged or effectively screened from public view and from adjacent properties by a solid fence, or hedge, except that one unregistered Motor Vehicle per lot may be outside and unscreened for a maximum of sixty (60) days a year if the aforementioned vehicle is offered for sale and accompanied by a for-sale sign. The screening shall be in conformity with Section 13.3.3. And the sign shall be subject to the provisions in Section 12.