Town of Darien: Planning and Zoning

How do I make an appointment to discuss my property?

The Zoning Enforcement Officer has office hours by appointment only from 9am to 9:45am and 1pm to 1:45pm on most days. Please call one of the office secretaries at 656-7351 to set up an appointment. You may also call other members of the staff at the same number to make an appointment.

How can I purchase a copy of the Darien Zoning Regulations?

Copies of the Regulations are $10. A copy of the Zoning Map in color is $25. They may be purchased in the Planning and Zoning Department.
Other documents for sale include the following:

Town Plan of Development (2006) $40
Inland Wetland and Watercourses Regulations $4
Subdivision Regulations $6
Zoning Map (in black and white) $5
Zoning Map (in color) $25.
Inland Wetlands and Watercourses Map (in black and white) $5
Inland Wetlands and Watercourses Map (in color) $25

Aquifer Protection Area Regulations $13

Are any permits necessary to construct a fence on my property?

No permits are necessary. However, there are some requirements which need to be met.

First, the fence can only be a maximum of 4 (four) feet high in front yards and 6 (six) feet high in side and rear yards (see Section 362 of the Zoning Regulations, below). It does not matter which way the "good side" faces, but it is recommended that it be faced "good side out". There are no setbacks for fences, however, we recommend that you put the fence about six inches or a foot inside your property line. If you are on a corner lot, Section 363 of the Zoning Regulations would apply. If you are within 50 feet
of wetlands, an Environmental Protection Commission application will be necessary.

362. Walls and Fences

The yard requirements of these Regulations shall not be
deemed to prohibit any fence or wall, including any necessary retaining wall, provided that in any residence zone no fence or wall shall exceed four feet in height in any required front yard, and six feet in height in any required side and rear yard, measured above the finished grade, subject to limitation in Subsection 363 and pertinent requirements of Article VIII. A special privacy fence up to eight feet high may be erected on a portion of a residential property that is immediately adjacent to a commercial zone and/or a property with an ongoing non-residential or Special Permit use as permitted in Section 404 of the Darien Zoning Regulations. This fence may be on either the residential property or the property with the ongoing non-residential or Special Permit use.

363. Visibility at Intersections

On a corner lot in any zone, except a business zone, no fence, wall, hedge or other structure, or planting, more than three feet in height, shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line joining said street lines at points which are 30 feet distant from the point of intersection, measured along said street line. The height of three feet shall be measured above the road surface at the nearest edge of the road. (See Subsection 221 for illustration.)

What are the setbacks for my property?

Section 406 of the Zoning Regulations deals with setbacks. Once you determine what zone your property is in, the chart below will note the applicable setbacks.

406. Area and Bulk Requirements

The requirements listed for each zone as designated shall be deemed to be the minimum or maximum requirements in every instance of their application. Dimensions are in feet unless otherwise indicated.

R-2 R-l R-1/2 R-1/3 R-1/5

1. Minimum Lot Area (Square Feet) (See notes e, g) 87,120 43,560 21,780 14,520 8,712

2. Minimum Width (See notes a, b, e) 200 150 100 80 60

3. Minimum Frontage (See notes a, e, h, i) 75 50 50 50 50

4. Minimum Depth (See notes a, e) 200 150 100 100 100

5. Minimum Front Yard (See notes a, b, c, d) 50 40 40 30 25

6. Minimum Side Yard: Least One 35 25 15 10 8

7. Minimum Side Yard: Total of Two (See notes b, e) 70 50 30 25 20

8. Minimum Rear Yard (See note b) 50 40 25 25 25

9. Accessory Structures (See note f)

9A. Minimum Distance from Front Lot Line 50 40 40 30 25

9B. Minimum Distance from Side Lot Line 35 25 10 5 5

9C. Minimum Distance from Rear Lot Line 50 40 10 5 5

10. Maximum Height in Stories 2-1/2 (All Residential Zones)

11. Maximum Height in Feet 30 (All Residential Zones)

12. Maximum Building Coverage 20% (All Residential Zones)

Notes:

See Subsections 334 and 339 for application of "minimum width".
See Subsection 333.
In instances where street lines are less than 50 feet apart, the front yard setback shall be measured from the center line of the street right-of-way, and 25 feet shall be added to the required front yard setback.
See Subsection 372 for additional requirements where setback of existing building is greater than minimum requirement.
See Subsection 385 where lots are of non-conforming dimensions.
Detached accessory structures within five feet of a principal structure or over 15 feet or one story in height shall observe the same setbacks as for main buildings.
See Subsection 335.
See Subsection 332.
See Subsection 339.

How soon before a public hearing do I need to notify my neighbors of my application?

If you have submitted a formal application to the Planning and Zoning Commission or the Zoning Board of Appeals, all notices shall be mailed by certified mail between 10 and 20 days prior to the public hearing. All owners of properties within 100 feet shall be notified. More specifically, Section 1040 (1041-1043) of the Darien Zoning Regulations addresses notification for the Planning and Zoning Commission, and Section 1127 addresses notification for the Zoning Board of Appeals.

1041 Background and Purposes

The purpose of this notification procedure is to alert those owners of each parcel or property 100 feet or less distant from the perimeter of the applicant’s property, of an application pending before the Planning and Zoning Commission in order that they may have the opportunity to review the application and make their opinions and comments known at the public hearing.

1042 Applicant Responsible for Notification

a. The applicant, or their legal representative, shall be responsible for notifying owners of property or parcels within 100 feet of the perimeter of the subject property of any pending application for a Coastal Site Plan Review; Special Permit; Site Plan approval; and/or amendment of the Zoning Map and/or Regulations. With the submission of any such application to the Planning and Zoning Commission, the applicant shall provide:

A list of the names, addresses, and tax map/lot numbers of owners of property within 100 feet of the subject property. The latest records of the Darien Tax Assessor shall be used to determine the required information.

If the application shall be scheduled for a Public Hearing before the Planning and Zoning Commission, the applicant shall notify each owner of property within 100 feet of the perimeter of the subject property of the time, place, date, and purpose of the hearing. This notification shall also include a description of the application and the nature of the proposed activity. Such notice shall be mailed not less than ten (10) days nor more than twenty (20) days prior to the scheduled public hearing. Notice shall be sent as per Subsection 1043.

b. Each owner of a condominium within a condominium association shall be notified if any part of the condominium property is within 100 feet of the perimeter of the subject property.

1043 Notification Procedures

a. Notices from the applicant to the property owners within 100 feet of the perimeter of the subject property (see Section 1042) shall be sent via U.S. Mail. The applicant shall obtain proof of mailing in the form of stamped U.S. Postal Service Certificates of Mailing. Notices sent "Return Receipt Requested" are not advisable.

b. At the Public Hearing, the applicant, or their legal representative, shall submit a list showing the names and addresses of the owners of specified properties including their respective tax map and lot numbers, one copy of the notification (including attachments) which was mailed and evidence of the required mailing in the form of stamped Certificates of Mailing.

For the Zoning Board of Appeals, Section 1127 of the Zoning Regulations applies:

1127 Notification

Not less than ten (10) days nor more than twenty (20) days prior to the applicant’s scheduled public hearing, the applicant, or his legal representative, shall mail notification of his application, including paragraph "K" of the text of the applicant and the scheduled date, time and place of the hearing, to the owners of each parcel or property within 100 feet of the perimeter of the subject property. This would include the owner of each condominium if any portion of subject property is within 100 feet or less of the condominium association property.

The owners and their addresses shall be determined from the latest real estate list of the Town in the Tax Assessor’s Office. At the public hearing, the applicant, or his legal representative, shall submit evidence of the required mailing in the form of U. S. Postal Service Certificates of Mailing, a list showing the names and addresses of the owners of all such properties, and a copy of the notification (including attachments) which was mailed.

I’m thinking of constructing a swimming pool on my property. Anything I should know?

Besides the basics that it must meet the setbacks for the zone (Section 406 of the Zoning Regulations, noted above), and coverage requirements, and needs Environmental Protection Commission approval if it is within 50 feet of a wetland or watercourse and/or Planning and Zoning Commission approval if it is within 100 feet of Mean High Water, Section 364 of the Zoning Regulations apply.

364 Swimming Pools

A swimming pool shall observe all the regulations affecting accessory buildings, but in no case shall a swimming pool be located nearer than six feet to the side lot line or rear lot line. The setbacks for swimming pools shall be measured from the edge of any deck or platform structure adjacent to the pool or otherwise from the exterior lip of the pool to the nearest property line. Where a swimming pool shall be located nearer than 25 feet to the side or rear lot lines, there shall be installed and maintained a permanent solid fence or wall six feet in height and of such design, lo-cation and construction that effective screening shall be provided for the protection of adjacent property. No swimming pool shall be provided with an above-ground-level deck or terrace unless such deck or terrace observes the required yard spaces for a main building as provided by these Regulations. Non-deciduous shrubbery, where located adjacent to a swimming pool and of sufficient compactness, density and height to afford truly effective screening may, during the period of its effectiveness, be substituted for the required fence or wall if approved by the ZEO as adequate for the purpose of screening. Swimming pools in existence on the effective date of this amendment, and which do not meet the requirements given above, shall be considered legally non-conforming within the meaning of Section 383, and, therefore, may be continued as provided by Subsection 384. All swimming pools shall comply with the State Building Code.

Overall, several permits are required:

Health Department approval of the backwash and/or filter system and the location of the pool in relation to the septic system and/or well. Contact the Health Department at 656-7320 for more information.

Zoning Permit application and accurate map must be submitted to demonstrate compliance with the setback, yard, and lot coverage requirements. If the pool location is near a brook, river, swamp, wetlands or coastal area, additional permits may be required.

Building Permit application with construction plans and details must be submitted to demonstrate compliance with the Connecticut Building Code (structural aspects of the pool, plumbing, electrical hook-up, etc.) Contact the Building Department at 656-7347.

What is the fee for a Zoning Permit?

Effective on October 17, 2004, the fee for a Zoning Permit is $40. This is payable at the time your building permit/zoning permit application is submitted. The $40 can be in the form of a cash, or a check made out to the Town of Darien. The building permit fee does not have to be paid until the Building Department calls you and says that your permit is ready.

How long does it take to get my Zoning Permit reviewed?

Although we try to process all of the permits in a timely manner, State law does allow us up to 30 days to do so. When submitting your Zoning Permit application, feel free to ask one of the secretaries what the current review time is, as it varies based on the number of applications being submitted at a given time.