Town of Stratford - Land Uses

55+ Housing community

For the purposes of 55 + Housing communities, community means the common interest ownership community described below and not any other or larger area:
The community shall be a residential common interest ownership community as defined in Chapter 828 of the Connecticut General Statutes, with the buildings in the community limited to detached single-family dwelling units and a community building and other accessory buildings, provided any community building and accessory building is for the use of residents of the community for recreational, meeting, office and/or maintenance purposes.

Districts Where Allowed Districts where use may be allowed as a Special Case CA LB LBB RM-1 RS-1 RS-2 RS-3 RS-4

Vehicle Parking:
Two per dwelling unit and six per 1,000 square feet of community building and visitor parking

Development Requirements:

4.1.6.15 55 + Housing communities. Housing communities for persons 55 years of age or older shall be permitted as a special case subject to the following development standards:

1. The community shall be a residential common interest ownership community as defined in Chapter 828 of the Connecticut General Statutes, with the buildings in the community limited to detached single-family dwelling units and a community building and other accessory buildings, provided any community building and accessory building is for the use of residents of the community for recreational, meeting, office and/or maintenance purposes. Each dwelling unity shall contain adequate areas for storage and may not have more than three bedrooms. For the purposes of this Section 4.1.6.15, "community" means the common interest ownership community described in the first sentence of this paragraph and not any other or larger area.
2. None of the dwelling units in the community may be occupied by anyone who is less than 18 years of age, subject to state and federal housing laws.
3. At least 80% of the dwelling units shall be restricted such that they must be occupied by at least one person who is 55 years of age or older. The 55 years of age or older requirement for each of the 80% of the units that are so restricted is subject to such exceptions as are provided under the Federal Fair Housing Act. For example, provided the following are allowed as exceptions under the Federal Fair Housing Act, if a restricted dwelling unit is occupied by a person who is necessary to provide a reasonable accommodation to a disabled resident or residents of the community, or if a restricted dwelling unit is no longer occupied by at least one person who is at least 55 years of age or older because a 55 years of age or older occupant has passed away or requires care in an assisted living or continuing care facility, the dwelling unit may continue to be occupied by the person under the age of 55.
4. Schedule of standards. (See table located HERE.)
5. The Commission may require along the perimeter of the development adequate buffer screening and/or plantings within the rear building setback area.
6. The development shall be served by public sewer and water. All utilities shall be placed underground.
7. Open space as required in Subsection 3 above shall be generally well-drained, and there shall be reasonable access to the land over non-wetlands sections of the property. Additionally, such open space shall have a minimum of 35 feet of frontage on a Town-approved road or a new road to be constructed within the development, unless the open space area can be accessed to adjoining open space or public land. No more than 60% of the open space land can be land that is designated as inland or tidal wetland or land that would be classified as having a slope of 25% or greater, unless, in the opinion of the Zoning Commission, the protection of such environmentally sensitive areas outweighs the need for other forms of usable open space for that particular development or for the surrounding neighborhood. Such open space shall be of such overall character and shape that it will meet its intended purpose. The petitioner shall demonstrate to the satisfaction of the Zoning Commission that the property will be held in a manner that will maintain the open space in perpetuity. The contiguous open space required by this section shall be merged with any open space owned by the town, which abuts the subject property, and said title to the contiguous open space shall vest in the Town of Stratford. The merger of said contiguous open space shall not cause the subject property to be nonconforming as to the minimum lot area requirements of this section.
8. Any existing single-family dwelling unit, regardless of size, may remain and be utilized as a single-family residential unit, in the manner in which it was utilized prior to special case approval required by this section; however, said unit shall be counted for density purposes as set forth above.

Accessory buildings

ACCESSORY
A building or use clearly incidental or subordinate to, and customary in connection with, the principal building or use on the same lot. Additionally, any site which is environmentally contaminated, as determined by the appropriate federal, state or local agency having jurisdiction over such matters, may have constructed thereon any building(s) or structure(s) necessary for the remediation or monitoring of said contamination, which building(s) or structure(s) shall be considered as accessory to the main building or use on the same lot.

Districts Where Allowed Districts where use is allowed by right CA CC LB MA MB RM-1 RS-1 RS-2 RS-3 RS-4 Districts where use may be allowed as a Special Case AOH ARH HOD LBB OPD

Vehicle Parking:
For complete information on parking requirements, see SECTION 12: Off-Street Parking.

Development Requirements:

3.11Accessory buildings.

1. Detached accessory buildings not more than 12 feet in height and not used for human habitation or for the housing of animals may be located within the required rear yard, and in so much of the required side yard as lies not less than 75 feet from any street line except in RS-3 and RS-4 district in which it shall not be less than 65 feet for interior lots, provided that they are not less than three feet from any side or rear lot line and provided further that they occupy in the aggregate not more than 20% of the area of the required rear yard. On a corner lot, a garage may be faced to either street provided the front yard requirement for the district is observed to both streets and the minimum side yard requirement is not less than three feet from either side lot line. By agreement of the owners of adjacent lots, duly recorded in the land records of the Town of Stratford, accessory buildings, with the same limitation of use, height and area, may be located in the required rear yard on the lot line provided that the party or other walls on the lot line are of masonry construction. A garage not more than 12 feet high and attached to a dwelling may extend into a required side yard not more than one-half the width of such required side yard, provided the other side yard, meets the maximum requirements for the district in which it is located
2. Pursuant to Section 1.1, the size of any buildings or structures on environmentally contaminated property shall not exceed that which is necessary, as determined by the appropriate federal, state or local agency having jurisdiction over such matters, to protect and preserve the health and safety of the public, be adequately landscaped, and be built in such a manner and design that is consistent with the existing streetscape and architecture of neighboring properties.
3. Any agency proposing to construct such a building or structure, or the owner of the parcel on which the building or structure is to be constructed, shall file information and a plan with the Zoning Administrator. The plan shall include information and a drawing(s) of the building/structure for review of the following:

A. The accessory structure shall meet the yard setbacks of the zone in which it is located.
B. The structure shall provide enclosed space for equipment, chemicals and control systems.
C. The location of vehicular access and parking for service vehicles associated with the building or structure shall be shown on a site plan.
D. Where possible, the structure should be serviced from roads or driveways within the parcel and not a separate driveway from a public street.
E. The structure shall be designed to prevent entry by unauthorized personnel.
F. All utilities serving the building shall be placed underground.
G. Architectural plans or renderings of the proposed building or structures showing the floor plan, the facade, and exterior elevations of the building shall be provided.
H. If the buildings are temporary, as determined by the appropriate environmental agency, they shall be removed once they are no longer required for site remediation purposes. If the buildings are for long-term use or permanent, the architectural treatment shall be commensurate with their expected duration by the use of natural materials such as brick, clapboard, shingles, slate, etc. Artificial materials such as metals, vinyl and concrete are discouraged.

4. The plans shall be subject to Site Plan Review by the Zoning Commission who may require changes to the facade, site layout, design, or size of the facility.

Accessory residential apartments

ACCESSORY
A building or use clearly incidental or subordinate to, and customary in connection with, the principal building or use on the same lot. Additionally, any site which is environmentally contaminated, as determined by the appropriate federal, state or local agency having jurisdiction over such matters, may have constructed thereon any building(s) or structure(s) necessary for the remediation or monitoring of said contamination, which building(s) or structure(s) shall be considered as accessory to the main building or use on the same lot.

For purposes of this regulation, the term "accessory residential apartment" shall be defined as the portion of a single-family dwelling which within such dwelling exists additional separate cooking, sanitary facilities, and one bedroom. Such apartment is not a separate and distinct dwelling and must have freely accessible, interior access to the principal dwelling unit.

For purposes of this regulation, the term "primary dwelling" shall be defined as the unconverted portion of an existing single-family residence.

For purposes of this regulation, the term "principal owner" shall be defined as the owner of not less than a fifty-one-percent interest in the residence

Districts Where Allowed Districts where use may be allowed as a Special Case CA LB LBB RM-1 RS-1 RS-2 RS-3 RS-4

Vehicle Parking:
For complete information on parking requirements, see SECTION 12: Off-Street Parking.

Development Requirements:

4.1.6.14 Accessory residential apartments.

A. Intent and purpose. The purpose of this regulation is to provide and preserve accessory and affordable housing for the Town, while preserving the appearance and character of the Town's neighborhoods, by permitting the creation of a separate, self-contained living unit for family members within, incidental and subordinate to, an existing single-family residence. The creation of such accessory residential apartments will promote the general welfare of the Town, without increasing the number of residential buildings, by allowing the residents to continue to live in our Town, either in their present homes or in the accessory residential apartments permitted hereunder.
B. Definitions. (see above)
C. Conditions and requirements. A one-family residence located in RS-1, RS-2, RS-3 and RS-4 Districts may be converted into a one-family dwelling with a single accessory residential apartment, subject to the following conditions and requirements:

(1) The property must contain the minimum lot area required for that district and the principal buildings located thereon must fully comply with all required front, side and rear yard setbacks.
(2) A principal owner of the residence must reside in either the primary dwelling or the accessory residential apartment throughout the duration of the permit, referred to in Subsection D below.
(3) The accessory residential apartment shall contain not less than 400 square feet nor more than 800 square feet or 25% of the total livable floor area of the residence, whichever is smaller.
(4) All means of ingress and egress must be limited to existing doorways or from the rear of the structure.
(5) The number of offstreet parking spaces for the accessory residential apartment shall not be less than one in addition to the required parking for the primary structure and shall not be located in the required front yard.
(6) The occupancy of the accessory residential apartment shall be limited to not more than two persons who are members of the family of the "principal owner". Those units approved as affordable units under Section H will still be limited to two persons who need not be members of the family of the principal owner.
(7) The accessory residential apartment shall comply with all applicable housing, building, fire and health code requirements.
(8) The accessory residential apartment shall contain not more than one bedroom. Libraries, dens, studies, studios and other similar spaces shall be deemed to be bedrooms. Additionally, the accessory residential apartment shall be served by the same mailbox, utility box and/or meter as the primary residence.
(9) No dwelling containing an accessory residential apartment shall be permitted to also have rooms for rent (Section 4.1.4) or a bed-and-breakfast establishment (Section 4.1.6.13). Home occupations (Sections 4.1.2 and 4.1.3) are permitted when they are operated by the primary occupant only with no employees and there is no client traffic.
(10) The owner of the residence shall file with the Zoning Enforcement Officer with the initial application and on or before January 31 of every third year following approval an affidavit on a form to be supplied by the Zoning Enforcement Officer, certifying that the primary dwelling and accessory residential apartment are in compliance with the conditions and requirements set forth herein.

D. Application procedure.

(1) Applications submitted for accessory residential apartment uses shall contain the following information:

(a) Completed application including an affidavit on a form prescribed by the Zoning Commission.
(b) Sufficient architectural drawings to show the exterior building alterations proposed, if any.
(c) Interior floor plans showing the floor area of the proposed accessory residential apartment, the primary dwelling, and the relationship of the two.
(d) A plot plan drawn to scale of the property showing existing and proposed buildings and setbacks, existing and proposed building coverage, and proposed site improvements (e.g., parking and landscaping).
(e) The applicant must provide evidence to the Zoning Commission that he/she has sent written notification to the owners of the property adjoining and across the street from the subject property at least 14 days prior to the Commission's administrative meeting advising said individuals of the date, time and location of the meeting and describing the applicant's request.

(2) Applications for accessory residential apartments must be submitted to the Zoning Commission for an administrative site plan review. The Commission shall issue a permit for the accessory residential apartment if:

(a) All requirements of these Regulations have been fully complied with.
(b) Evidence of notification to neighboring property owners has been provided pursuant to the above instructions.

(3) The Commission shall reserve the right to schedule and hold a public hearing on any accessory residential apartment application.

E. Duration. The permit and any other form of approval for a dwelling conversion issued hereunder shall be subject to revocation by the commission upon the following conditions. "Revocation" shall mean removal of all cooking appliances, refrigerator and kitchen sink and all plumbing shall be capped and concealed in the wall.

(1) The failure of the owner of the residence to file with the Zoning Enforcement Officer each three years an affidavit as required in Subsection C(10) above.
(2) Notwithstanding the filing of such affidavit, a finding by the Zoning Enforcement Officer that there is in fact noncompliance with the conditions and requirements of approval.
(3) When the accessory residential apartment is no longer used by a family member.

F. Existing accessory residential apartments. The owner of an accessory residential apartment existing as of the effective date of these Regulations must file for approval under the application procedure as stated in Subsection D of these Regulations.
G. Sale of residence. Upon sale of a residence containing an accessory residential apartment, the new owner of said residence shall file with the Zoning Enforcement officer within 60 days of the transfer of title to such residence, a notice on a form to be supplied by the Zoning Enforcement Officer, stating whether or not such new owner intends to continue the accessory residential use.
H. Affordable accessory residential apartments. An owner of property who wishes to create an affordable accessory residential apartment without restricting occupancy to family members only may apply to the Zoning Commission for such approval under the procedure described in Subsection F(14)(d) of this regulation. Said application must, in addition to meeting the conditions of Subsection D, also meet the following conditions and requirements of approval:

(1) Owner must provide verification that the affordable accessory residential apartment shall meet the definition of "affordable housing" contained in Section 8-30g of the Connecticut General Statutes and agree to place a deed restriction on the property in a form approved by the Town Attorney's office and further agree to record said deed restriction on the Land Records of the Town of Stratford. The Town Planner, after consultation with the Town of Stratford Community Development office and the Stratford Housing Authority, shall annually publish a notice of a) the maximum rents that may be charged for affordable accessory residential apartments (including heat and utility costs, which may be by a reasonable estimate, and excluding telephone and cable television; and b) the maximum allowed tenant income, 80% of the area median income adjusted for family size as determined by the United States Department of Housing and Urban Development for the Bridgeport Statistical Metropolitan Area (SMSA) or for the State of Connecticut, whichever is less.
(2) Any individual seeking approval of an affordable accessory residential apartment must demonstrate that the unit will be located on a lot possessing an area that is at least 25% greater than the minimum lot area required for the zoning district, in which the property is located and that the buildings located thereon will fully comply with all setback and coverage requirements of these Zoning Regulations.
(3) The owner of an approved affordable accessory residential apartment shall additionally verify tenant income and rent information when preparing the affidavit described in Subsection C(10) above.
(4) An affordable accessory residential apartment shall not be required to have a freely accessible interior access to the principal dwelling unit.

Accessory residential apartments, affordable

ACCESSORY
A building or use clearly incidental or subordinate to, and customary in connection with, the principal building or use on the same lot. Additionally, any site which is environmentally contaminated, as determined by the appropriate federal, state or local agency having jurisdiction over such matters, may have constructed thereon any building(s) or structure(s) necessary for the remediation or monitoring of said contamination, which building(s) or structure(s) shall be considered as accessory to the main building or use on the same lot.

For purposes of this regulation, the term "accessory residential apartment" shall be defined as the portion of a single-family dwelling which within such dwelling exists additional separate cooking, sanitary facilities, and one bedroom. Such apartment is not a separate and distinct dwelling and must have freely accessible, interior access to the principal dwelling unit.

For purposes of this regulation, the term "primary dwelling" shall be defined as the unconverted portion of an existing single-family residence.

For purposes of this regulation, the term "principal owner" shall be defined as the owner of not less than a fifty-one-percent interest in the residence

Districts Where Allowed Districts where use may be allowed as a Special Case CA LB LBB RM-1 RS-1 RS-2 RS-3 RS-4

Vehicle Parking:
For complete information on parking requirements, see SECTION 12: Off-Street Parking.

Development Requirements:

4.1.6.14 Accessory residential apartments.

A. Intent and purpose. The purpose of this regulation is to provide and preserve accessory and affordable housing for the Town, while preserving the appearance and character of the Town's neighborhoods, by permitting the creation of a separate, self-contained living unit for family members within, incidental and subordinate to, an existing single-family residence. The creation of such accessory residential apartments will promote the general welfare of the Town, without increasing the number of residential buildings, by allowing the residents to continue to live in our Town, either in their present homes or in the accessory residential apartments permitted hereunder.
B. Definitions. See above.

C. Conditions and requirements. A one-family residence located in RS-1, RS-2, RS-3 and RS-4 Districts may be converted into a one-family dwelling with a single accessory residential apartment, subject to the following conditions and requirements: