The purpose of this chapter is to guide the
growth and development of the Town of West Hartford in accordance
with a Comprehensive Plan, so as to promote beneficial and convenient
relationships among residential, commercial, industrial and public
areas within the Town, considering the suitability of each area for
such uses, as indicated by existing conditions, trends in population
and mode of living, and future needs for various types of development,
and to achieve the purposes more particularly described as follows:
A.
Provide for adequate light, air and privacy.
B.
Prevent the overcrowding of land and undue concentration
of population.
C.
Provide for the beneficial circulation of traffic
throughout the Town, having particular regard to the avoidance or
lessening of congestion in the streets.
D.
Secure safety from fire, panic, flood and other dangers.
E.
Protect and conserve the existing or planned character
of all parts of the Town and thereby aid in maintaining their stability
and value and to encourage the orderly and beneficial development
of all parts of the Town.
F.
Provide a guide for public policy and action that
will facilitate economical provisions of public facilities and services
and for private enterprise in building development, investment and
other economic activity relating to uses of land and buildings throughout
the Town.
G.
Minimize conflicts among uses of land and buildings
and to bring about the gradual conformity of uses of land and buildings
throughout the Town to the Comprehensive Plan herein set forth.
[Added 10-28-1969]
A.
Word usage. All words used in the present tense include the future
tense; all words used in the singular include the plural, and all
words used in the plural include the singular, unless the natural
construction of the wording indicates otherwise. Unless the context
plainly requires a different interpretation or would lead to unworkable
results, terms which are used in this chapter but which are not defined
herein shall be construed in a manner consistent with the provisions
of Connecticut law including, but not limited to, the State Building
Code as that code may be amended from time to time.
[Amended 9-24-2013; 6-24-2014]
B.
ABUT OR ABUTTING
ADJACENT
ADJOIN OR ADJOINING
ADULT DAY-CARE CENTER
ADULT DAY-CARE HOME
ADULT GROUP DAY-CARE FACILITY
AFFORDABLE HOUSING DEVELOPMENT
AMUSEMENT ARCADE
AMUSEMENT DEVICE
APARTMENT
APARTMENT HOUSE
AUTOMATED TELLER MACHINE, FREESTANDING
BOARDINGHOUSE
BUILDING
BUILDING, ACCESSORY
BUILDING COVERAGE
BUILDING LINE
BUILDING, MAIN
BUILDING PERMIT
CANNABIS ESTABLISHMENT
CAR WASH FACILITY
CHILD DAY-CARE CENTER
CLUB
COMMERCIAL MOTOR VEHICLE
CONVALESCENT HOME
COTTAGE FOOD OPERATION
COURT
DISC JOCKEY
DRIVEWAY
DWELLING
DWELLING, ATTACHED
DWELLING, DETACHED
DWELLING, MULTIFAMILY
DWELLING, ONE-FAMILY
DWELLING UNIT
FAMILY
FAMILY DAY-CARE HOME
FLOODPROOFING
FLOOR AREA RATIO
FOOD TRUCK
FOOD TRUCK PARK, MAIN USE
FRONTAGE
GOLF COURSE RESTAURANT
GRADE, FINISHED
GROSS FLOOR AREA
GROUND COVER
GROUP-CARE FACILITY
GROUP DAY-CARE HOME
HANDICAPPED RAMP
HEDGE
HEIGHT OF BUILDING
HISTORIC PRESERVATION DEVELOPMENT
HOME FOR THE AGED
HOME OCCUPATION
HOSPITAL
HOTEL
INDOOR RECREATION OR AMUSEMENT FACILITY, EXCLUDING NIGHTCLUBS,
DANCE HALLS OR DANCE CLUBS
(1)
INFILL DEVELOPMENT
INTERMEDIATE-CARE FACILITY
JUNKYARD
KENNEL
LANDSCAPING OR LANDSCAPED
LOT
LOT AREA
LOT DEPTH
LOT LINE
LOT LINE, FRONT
LOT LINE, REAR
LOT LINE REVISION
LOT LINE, SIDE
LOT, REAR
LOT SPLIT
LOT WIDTH
MAIN BUILDING
MAIN USE
MONUMENT OR STATUE
MOTOR VEHICLE
NIGHTCLUBS, DANCE HALLS, or DANCE CLUBS
NONCONFORMING USE
NURSING HOME
OPPOSITE WALL
OWNER OF RECORD
PICKUP TRUCK
PLAN OF DEVELOPMENT
PLANT SALE
PORCH
PORTICO
PUBLIC ART
PUBLIC SPACE
RESTAURANTS WITH OR WITHOUT ALCOHOLIC DRINK AND OTHER ESTABLISHMENTS
SERVING FOOD AND NONALCOHOLIC DRINK
RETAIL FIREARM STORE
SCREENING FENCE or SCREENING WALL
SIGN
SIGN, GROUND
SIGN, MOVABLE
SIGN PERMIT
STORY
STREET
STREET LINE
STRUCTURE
SUBSTANTIAL IMPROVEMENT
TAG SALE (COMMONLY REFERRED TO AS "GARAGE SALE" OR "YARD SALE")
THEATER
TOWN DEVELOPMENT PLAN
TREES, FLOWERING
TREES, LARGE
UNIT OF OCCUPANCY
USE, ACCESSORY
USE, MAIN
VAN
VEHICLE-INTENSIVE BUSINESS
VERANDA
VERANDA LINE
VISUAL SCREENING, COMPLETE
VISUAL SCREENING, PARTIAL
WAITING POSITION
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONING PERMIT
Definitions. For the purpose of this chapter, certain words and terms
used herein are defined as follows:
Having a common boundary.
Near; close by. The term "adjacent" includes the meaning
of the terms "abut" and "adjoin," as defined; however, it is not intended
to imply any definite distance or boundary.
Having a common boundary, with or without the intervention
of a street. Thus the term "adjoin" includes the meaning of the term
"abut," as defined.
A non-residential facility in which custodial care is provided
for more than 12 adults, related or unrelated, who are in need of
supervision and/or assistance with routine daily functions but who
are not in need of regular medical attention, where the adults are
receiving said care on a regular and recurring basis during a part
of the twelve-hour period between 7:00 a.m. and 7:00 p.m., for not
less than three and not more than 12 hours. Such a facility shall
comply with all state and local codes and/or ordinances regarding
zoning, building, fire, health and housing.
[Added 10-24-2006]
A nonresidential facility consisting of a private family
home in which custodial care is provided for not more than six adults,
related or unrelated, who are in need of supervision and/or assistance
with routine daily functions but who are not in need of regular medical
attention, where the adults are receiving said care on a regular and
recurring basis during a part of the twelve-hour period between 7:00
a.m. and 7:00 p.m., for not less than three and not more than 12 hours.
Such a facility shall comply with all state and local codes and/or
ordinances regarding zoning, building, fire, health and housing.
[Added 10-24-2006]
A nonresidential facility in which custodial care is provided
for not less than seven nor more than 12 adults, related or unrelated,
who are in need of supervision and/or assistance with routine daily
functions but who are not in need of regular medical attention, where
the adults are receiving said care on a regular recurring basis during
a part of the twelve-hour period between 7:00 a.m. and 7:00 p.m.,
for not less than three and not more than 12 hours. Such a facility
shall comply with all state and local codes and/or ordinances regarding
zoning, building, fire, health and housing.
[Added 10-24-2006]
A development containing a residential component in which
not fewer than 15% of the residential units are subject to covenants
or restrictions which ensure that they will be sold or rented at,
or below, rates which meet the requirements of Regulations of Connecticut
State Agencies § 8-30g-8.
[Added 11-14-2017]
A building or room, the main use of which is the storage
and operation of amusement devices.
[Added 5-25-1982]
Any mechanical, electric or electronic device used or designed
to be operated for entertainment or as a game by the insertion of
a piece of money, coin, token or other article or by paying money
to have it activated. For purposes of this definition, each station
of a device which provides multiple stations, each of which allows
separate games to be played, shall be considered one amusement device.
This definition does not include:
[Added 5-25-1982]
A segregated portion of an apartment house, which apartment
is provided with bathroom and toilet facilities and with kitchen facilities
in a kitchen or kitchen alcove.
A building arranged, intended or designed to be occupied
by three or more families living independently of each other and doing
their cooking upon the premises or by three or more individuals or
groups of individuals living independently but having a common heating
system and a general dining room.
A freestanding automated teller machine (ATM) structure with
a canopy or similar feature above the terminal for protection from
the elements, which structure and use are accessory to commercial
uses within the premises of an existing commercial development and
is intended to provide walk-up banking services for patrons. This
definition does not include an ATM that is accessory to a bank main
use on the premises.
[Added 9-28-2021]
A dwelling occupied by three or fewer persons who are lodged
with or without meals, in which there are provided such services as
are incidental to its use as a residence for the occupants and for
which compensation is paid, either directly or indirectly.
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or chattel.
A subordinate building, the use of which is customarily incidental
to that of a main building on the same lot.
That percentage of total lot area covered by the combined
area of all buildings on the lot. "Building coverage" is also known
as "lot coverage."
[Amended 9-24-2013; 6-24-2014]
A line on a lot or parcel of land establishing the minimum
setback for structures from a street line. Building line may or may
not be coterminous with a street line. In the case of a rear lot,
the building line shall be established parallel to the front lot line.
[Amended 8-22-1989]
A building in which is conducted the main or principal use
of the lot on which said building is situated.
A permit issued by the Building Inspector upon application,
certifying that a proposed land use or structure, or any extension
or structural alteration thereof, conforms with the requirements of
this chapter and all other regulations or codes which are specified
in the building permit.
[Amended 5-10-2005]
Shall have the same meaning as set forth in the Responsible
and Equitable Regulation of Adult-Use Cannabis Act ("RERACA"), Public
Act 21-1, and inclusive of the Regulations of Connecticut State Agencies.
[Added 5-24-2022]
A commercial establishment for the washing of vehicles, whether
performed by automated or manual means.
[Added 9-14-2004]
A facility as defined pursuant to Subsection (a)(1) of C.G.S.
§ 19a-77, as amended, which offers or provides a program
of supplementary care to more than 12 related or unrelated children
outside of their own homes on a regular basis for a part of the 24
hours in one or more days in the week, which is licensed by the State
of Connecticut pursuant C.G.S. § 19a-80, as may be amended,
and which complies with all state and local zoning, building, fire
and housing code requirements.
[Added 4-21-1987; amended 6-28-1994]
An organization catering exclusively to members and their
guests, provided that the purpose of the club is not conducted primarily
for gain and that there are not conducted any commercial activities,
except as required generally for the membership and purposes of this
club.
A commercial motor vehicle shall include any vehicle registered
for the transportation of merchandise or freight or of employees of
the registrant, which is propelled or drawn by any power other than
muscular, except such as run only on rails or tracks. Such registrations
include but are not limited to commercial, combination, repair, transport,
heavy-duty trailer or construction equipment, public service and/or
commercial truck, tractor and/or semitrailer.
[Added 1-13-1981]
A home for the aged or any establishment, other than hospitals,
where three or more persons suffering from or afflicted with or convalescing
from any infirmity, disease or ailment are habitually kept, boarded
or housed for remuneration.
[Added 4-27-1971]
Any person who produces cottage food products only in the
home kitchen of such person's private residential dwelling and only
for sale directly to the consumer and who does not operate as a food
service establishment pursuant to C.G.S. § 19a-36 or regulations
adopted pursuant to C.G.S. § 21a-101, or a food retailer,
distributor or manufacturer as defined in Subsection (b) of C.G.S.
§ 21a-92 and § 21a-151.
[Added 6-11-2019]
A horizontal open space, other than a yard, on the same lot
with a building, which is bounded on two or more sides by opposite
walls of one or more buildings.
A person who plays different sources of pre-existing recorded
music for a live audience or via broadcasting.
[Added 11-14-2017]
Any vehicular travelway serving not more than two contiguous
lots.
[Added 8-22-1989]
A building designed and used exclusively as living quarters
for one or more families. The terms "dwelling," "attached dwelling,"
"detached dwelling" and "dwelling unit" shall not be deemed to include
hotel, motel, boarding- or rooming house, convalescent or nursing
home, mobile home trailer, tourist home or tent. In the case of buildings
having two or more portions divided by party walls forming a complete
separation above the basement, each such portion shall be considered
to be a separate dwelling.
A dwelling having any portion of a wall in common with another
dwelling.
A dwelling with open spaces on all sides.
A dwelling containing more than one dwelling unit.
A dwelling containing one dwelling unit only.
A dwelling or portion thereof providing complete housekeeping
facilities for one family only.
Any number of individuals related by blood or legal adoption or by marriage, living and cooking together on the premises as a single housekeeping unit. Customary domestic servants or foster children are an adjunct to the term "family." However, when three or fewer individuals not so related do live and cook together on the premises as a single housekeeping unit, such individuals, exclusive of domestic servants, shall be considered a family. Four to six unrelated individuals functioning as a single housekeeping unit shall obtain a special use permit as set forth at item 1A of § 177-6C.
[Added 10-13-1970; amended 4-12-1977; 5-10-2005; 6-24-2013; 9-24-2014]
A facility as defined pursuant to Subsection (a)(3) of C.G.S.
§ 19a-77, as may be amended, which consists of a private
family home caring for not more than six children, including the provider's
own children not in school full time, where the children are cared
for not fewer than three nor more than 12 hours during a twenty-four-hour
period and where care is given on a regularly recurring basis and
which has been licensed by the State of Connecticut pursuant to C.G.S.
§ 19a-87b, as amended. Such a facility shall be maintained
as the operator's main residence and shall comply with all state and
local codes and/or ordinances regarding zoning, building, fire, health
and housing.
[Added 4-21-1987; amended 6-28-2004; 5-10-2005]
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
[Added 6-27-1978]
The ratio of the total gross area of all buildings on one
lot to the total area of the lot. (The floor area ratio of a building
of 4,000 square feet on a lot of 10,000 square feet will be expressed
as "FAR equals 0.4.") Structured parking facilities located below
the level from which the height of the building is measured shall
be excluded from Floor Area Ratio calculations.
[Amended 9-24-2013; 6-24-2013]
A motor vehicle that is designed to be readily movable and
from which food is prepared, sold or served. The term includes, but
is not limited to, a commercially manufactured vehicle. "Commercially
manufactured vehicle" means a vehicle that was originally manufactured
for use as a mobile food preparation vehicle.
[Added 3-28-2017]
A permanently established area designed to accommodate up
to five food trucks and offering food and/or beverages for sale to
the public as the main use of the property and functioning as a single
business. If beer and/or wine is served at any food truck park, it
shall be as an adjunct to the primary function of serving food and
shall only occur while food trucks are present and serving food on
site. The service of beer and wine shall operate under the applicable
liquor permit as provided in C.G.S. Chapter 545, as that chapter may
be amended, and comply with all Liquor Control Commission regulations
appertaining thereto.
[Added 3-28-2017; amended 6-25-2019]
A one-dimensional line, measured at the front lot line.
[Added 8-22-1989]
A restaurant, defined pursuant to this section of the Code,
which is located on the same parcel of land as a golf course.
[Added 4-30-1985]
The completed surfaces of lawns, walks and roads brought
to grades as shown on official plans or designs relating thereto.
Where changes to the grade of a site are proposed, "finished grade"
shall reflect only those changes from preexisting grades which are
reasonably necessary for the construction of the subject building
or structure, and does not include filling or excavation for the purpose
of altering the calculation of building height, achieving scenic views
or vistas, or other purposes not reasonably necessary to construction.
[Amended 11-14-2017]
The sum of the horizontal area of all floors of a building,
measured by exterior dimensions.
A medium used in a confined area to check or prohibit the
growth of undesirable plant materials. Ground cover may consist of
plants, such as pachysandra and myrtle, or of materials, such as white
gravel, brick or stone pavings.
A supervised residence facility which houses not fewer than
six persons who are handicapped, aged or disabled or in need of rehabilitation
but are not acutely ill and are provided services to meet their needs.
It does not include an institution as defined in C.G.S. § 19a-490
and required to be licensed pursuant to the provisions of C.G.S. § 19a-490
et seq.
[Added 3-11-1975; amended 6-25-1994]
A facility, as defined pursuant to Subsection (a)(2) of C.G.S.
§ 19a-77, as amended, which offers or provides a program
of supplementary care to not fewer than seven nor more than 12 related
or unrelated children on a regular basis for a part of the 24 hours
in one or more days in the week, which is licensed by the State of
Connecticut pursuant to C.G.S. § 19a-80, as may be amended,
and which complies with all state and local zoning, building, fire
and housing code requirements.
[Added 4-21-1987; amended 6-28-1994]
An inclined structure installed for the primary purpose of
allowing ingress to and egress from a building by a disabled person
and constructed in accordance with applicable ANSI standards for handicapped
ramps.
[Added 9-27-1994]
A hedge shall provide complete visual screening and consist
of evergreens at least four feet in height at the time of planting,
and it shall be maintained at a height of at least six feet.
The vertical distance to the level of the highest point of
a flat roof or, if the roof is of any other shape, to the mean level
between the eaves and the highest point of the roof, measured from
the average level of the finished grade along the exterior walls of
the building.
A development of a lot containing a building listed or eligible
for listing on the National Register of Historic Places or the State
Register of Historic Places either as an individual building or as
a contributing building and which ensures the protection, restoration,
stabilization and adaptive use of buildings, structures, objects,
districts, areas and sites on the lot which are significant in the
history, architecture, archaeology or culture of this state, its municipalities
or the nation.
[Added 11-14-2017]
An establishment, other than a hospital, which furnishes,
for remuneration, food, shelter, laundry and other nonmedical services
to three or more persons over the age of 60 years.
[Added 4-27-1971]
An accessory use conducted within a dwelling unit by the person who occupies the dwelling unit as his or her principal residence, which use is clearly secondary to the use of the dwelling unit for living purposes. As used herein, the term "dwelling unit" shall be defined as the same building and unit of occupancy in which the person conducting the business resides. A home occupation may not be conducted in an accessory building or a unit of occupancy in a multifamily dwelling other than the unit in which the person conducting the home occupation resides. Home occupations shall comply with either the performance standards established in § 177-49C(1), as amended, or § 177-49C(4), as amended.
[Added 10-28-1969; amended 1-24-1995]
Any establishment for the diagnosis, treatment or other care
of human ailments.
A building containing rooms intended or designed to be used
or which are used, rented or hired out to be occupied or which are
occupied for sleeping purposes by guests and where general kitchen
and dining facilities are provided within the building or in an accessory
building. The term "hotel" shall be deemed to include the term "motel."
[Amended 9-24-2013; 6-24-2014]
A space in a suitable and permanent building kept, used, maintained, advertised and held out to and known by the public as primarily a place to pursue leisure activities or games of skill or scoring, including but not limited to, pinball, video games, pool or billiards, bowling, roller skating, miniature golf, go-kart racing, roller skating, trampoline or bounce parks, puzzle or adventure rooms, waterparks, or karaoke, but excluding the use of a disc jockey. If alcoholic drink is served in any indoor recreation or amusement facility, the facility must be at least 5,000 square feet in area and hot food shall also be offered for service. The service of alcoholic drink and hot food shall be adjunct to the primary function of recreation or amusement. The service of alcoholic drink shall operate under the applicable liquor permit, with the exception of café permits which shall not be permitted unless authorized under § 177-36F, as provided in C.G.S. Title 30, as amended, and Chapter 45 of the Code of the Town of West Hartford, and comply with all Liquor Control Commission regulations appertaining thereto.
[Added 11-14-2017; amended 1-10-2023]
Indoor recreation or amusement facilities shall be open during
regularly posted hours which are clearly marked and shall have no
age restrictions, provided that any indoor recreation or amusement
facility 15,000 square feet or larger in the CBDH District that has
an entertainment license may impose a minimum age of entry.
The expansion of an existing structure or the construction
of a new structure provided that the newly constructed portion thereof
must be directly adjacent to and accessible from a public right-of-way,
must be located within 10 feet from the building line and in which
the ground floor consists primarily of retail or other commercial
space. Infill development does not include any portion of a plan in
which an existing building meeting the requirements of this definition
is demolished and replaced with a new structure.
[Added 11-14-2017]
A facility which provides, on a regular basis, health-related
care and services to individuals who do not require the degree of
care and treatment which a hospital or skilled nursing facility is
designed to provide but who, because of mental or physical conditions,
require care and services which can be made available to them only
through institutional facilities.
[Added 10-26-1976]
Includes motor vehicle junk business and motor vehicle junkyard,
as defined in the General Statutes of the State of Connecticut; any
place of storage or deposit, whether in conjunction with a business
or not, for two or more unregistered, inoperable, used motor vehicles;
and any place of storage or deposit of used parts of motor vehicles
and old metals, iron, glass, paper, cordage and other waste materials
which, on any lot, have an aggregate bulk equal to one automobile.
[Added 1-13-1981]
The keeping of four or more dogs over the age of six months,
for each dwelling unit.
[Amended 2-28-2017]
That an area shall be at least covered with grass or ground
cover. Any additional planting is either specifically required by
this chapter or left to the discretion of the property owner.
A parcel of land, not divided by streets, devoted or to be
devoted to a particular use or occupied or to be occupied by a building
and its accessory buildings together, and having adequate access so
that a permit for a building or land use could be issued in accordance
with this chapter. A lot may or may not be the land shown as a single
lot on a duly recorded map.
The total horizontal area within the lot lines, except that
no portion of the lot which is less than 25 feet wide shall be counted
as lot area, and, in the case of a rear lot, the private right-of-way
leading to the lot shall not be counted as lot area.
The mean horizontal distance between the front and rear lot
lines, measured in the general direction of the side lot lines. In
determining the required depth of a lot, any portion of said lot which
is in excess of the minimum lot area need not be included.
The property lines bounding a lot as defined herein. In the
case of a rear lot, the lot lines shall not include, for any purpose,
the lines bounding the right-of-way or the fee title area which is
used to provide access to the lot from the street.
[Amended 8-22-1989]
In the case of a lot abutting upon only one street, the line
separating the lot from the street. In the case of a rear lot, the
front lot line shall be designated as the longest lot line abutting
the private driveway which provides access to the lot, and in no case
shall this line be less than 40 feet in length. In the case of any
other lot, the owner shall, for the purpose of this chapter, have
the privilege of electing any street lot line as the front lot line.
[Amended 8-22-1989]
The lot line which is generally opposite the front lot line;
if the rear lot line is less than 10 feet in length or if the lot
comes to a point at the rear, the rear lot line shall be deemed to
be a line parallel to the front line, not less than 10 feet long,
lying wholly within the lot and farthest from the front line.
An adjustment or reallocation of property between two or more lots or parcels of land which does not create a new lot or parcel of land and which is not subject to Chapter A184, Subdivision Regulations, of the Code of the Town of West Hartford.
[Added 7-25-1989]
Any lot line which is not a front lot line or a rear lot
line, as defined herein.
A lot on which the buildable area is located generally to the rear of other lots having access to the same street or streets as said lot and having access to the street via a private driveway of at least 12 feet in width if serving one lot or 18 feet in width if serving two lots. Such driveway may be laid upon property owned in fee simple by the owner of the rear lot or upon an easement or right-of-way provided for access and utility purposes, which property, easement or right-of-way shall be at least 18 feet where a twelve-foot driveway is required and 24 feet where an eighteen-foot driveway is required. The standards for minimum lot area per dwelling unit shall be 1 1/2 times that established for other lots in the same zone, and the standards for side yards shall be two times that established for other lots in the same zone. In addition to the findings required by § 177-42 of this chapter, the Town Plan and Zoning Commission shall, when reviewing an application for a special use permit for a rear lot, find that there is adequate drainage for the access driveway, as certified by the Director of the Department of Community Services.
[Amended 8-22-1989; 9-24-2013; 6-24-2014]
A division of an existing lot, whether developed or not, into two lots, unless such division is subject to Chapter A184, Subdivision Regulations, of the Code of the Town of West Hartford or requires a special use permit.
[Added 7-25-1989]
The horizontal distance, measured at right angles and in
the center of the depth of the lot. "Average lot width" is the average
horizontal distance between the side lot lines, measured at right
angles to the depth of the lot. In determining the required width
of the lot, any portion of the lot which is in excess of the minimum
lot area need not be included. The required lot width shall not include
any area of the driveway which is used to provide access to a rear
lot from the street.
[Amended 8-22-1989; 9-24-2013; 6-24-2014]
See "building, main."
See "use, main."[1]
A permanent monument or statue commemorating a notable person,
group or event deemed by the Council to be of significance to the
community, excluding, however, any burial or sarcophagus.
[Added 9-28-1976]
Any vehicle which is propelled or drawn by any power other
than muscular, suitable for the conveyance, drawing or other transportation
of persons or property, whether operated on wheels, runners, cushion
of air between it and the surface or by any other means, except those
used exclusively upon tracks.
[Added 1-13-1981]
An establishment serving food and alcoholic drink where people
regularly congregate primarily for participating in entertainment
in the form of dancing or live or recorded music in one or more temporary
or permanent areas set aside for the purpose of dancing by the patrons
of the establishment. Such establishments may include, but are not
limited to, discotheques, dance halls, or dance clubs.
[Added 11-14-2017]
A use of land or a structure which does not conform to the
regulations of the use district in which it is located and which was
a lawful use at the time this chapter or any amendment thereto became
effective.
See "convalescent home."
For the purpose of defining the term "court," walls shall
be deemed "opposite" wherever the projection of one wall falls on
another wall.
Wherever used in conjunction with a public hearing or public
notice, the owner whose name is recorded in the street books of the
Department of Assessment at the time when the mailing lists for said
hearings and notices are prepared.
A four-wheeled motor vehicle with a chassis length comparable
to a passenger motor vehicle, which has an open body with low sides.
When the body of the pickup truck is enclosed by a removable cap,
the height of which does not exceed the height of the cab, it is within
this definition. (See illustrations below.)
[Added 7-14-1981]
 |
|
Pickup Truck With Cap
|
|---|
 |
The plan of development referred to in Chapter XIII, Sections
4 and 5, of the Town Charter, as adopted and amended.
The sale, by charitable and philanthropic organizations,
of small plants, potted in a soil medium. "Plant sale" does not include
the sale of Christmas trees, greens and decorations; and the sale
of trees, shrubs and plants in containers over six inches in diameter;
and the sale of sod.
[Added 5-10-1988]
An open, unenclosed extension from a structure, usually serving
as part of the entrance; may be large enough for relaxation on outdoor
furniture and most often has its own roof rather than a part of the
main structure roof.
[Added 6-23-1998]
An open colonnade space at the front of the building forming
an entrance, with the roof supported on at least one side by columns.
[Added 6-23-1998]
Any visual work of art such as but not limited to a fountain,
sculpture, painting, or mural that is designed to be visible and accessible
to persons in public places for the enjoyment of the general public.
Public art does not include monuments or statues, as defined in this
section, decorative features located on the facades of buildings or
other structures, or works of art which incorporate any characteristics
of advertising for commercial purposes.
[Added 11-14-2017]
An area of a lot which is permanently dedicated and reserved
for use by the general public for reasonable use, movement or relaxation,
such as, but not limited to, commons, greens, squares, pocket parks
or plazas that are located street-side or in areas of increased setbacks
along the front of buildings. The area must be located at ground level
and include appropriate amenities such as, but not limited to, paving,
seating, landscaping, ornamental fountains, art, and lighting. Any
area to be considered as public space shall have frontage of at least
15 feet along a public street or sidewalk, be at least 20 feet deep
(as measured perpendicular to its frontage) and contain not less than
1,000 square feet in area. Any area which is otherwise required to
remain open in order to meet setback or other requirements of this
chapter shall not qualify as public space. All areas of public space
shall be maintained by the owner(s) or occupant(s) of the lot upon
which they are located. No area designated as public space shall display
signage which states or implies that use of the area is limited to
a particular group or class of persons.
[Added 11-14-2017]
"Restaurant" means a space in a suitable and permanent building kept, used, maintained, advertised and held out to and known by the public as primarily a food-service establishment where hot meals are regularly served. If alcoholic drink is served in any restaurant, it shall be as an adjunct to the primary function of serving food and operate under a restaurant liquor permit as provided in C.G.S. § 30-22, as amended, and comply with all Liquor Control Commission regulations appertaining thereto. The sale of alcohol or spirits by the bottle to a patron or patrons shall be prohibited. Sales of wine or beer by the bottle to a patron or patrons shall be permitted pursuant to Town Ordinance or Chapter 545 of the Connecticut General Statutes. "Restaurant" also includes other establishments serving food and nonalcoholic drink in an enclosed structure, providing seats for its customers whether at a counter or at separate tables. Restaurants shall be open during regularly posted hours which are clearly marked and shall have no regular and recurring unusual barriers to entry such as cover charges or age restrictions. Except as provided in § 177-6C, Item 11 and Item 17, as amended by ordinance of June 25, 1991, outdoor service, drive-up, window-counter service and curb service is prohibited. Any type of service of food and drink intended for consumption on the premises outside of the enclosed structure is prohibited, except as provided in § 177-6C, Item 16.
[Added 6-24-1969; amended 6-24-1975; 4-30-1985; 6-25-1991; 6-13-1995; 4-11-2011]
A space in a suitable building, with necessary licenses or
permits pursuant to any requirements of state or federal law, used,
maintained, advertised and/or held out to the public to be a place
from which firearms, including but not limited to machine guns, rifles,
shotguns, pistols, revolvers or other similar devices which are permitted
to be sold at retail by state and federal law and which are capable
of discharging by any force bullets, cartridges, balls or other projectiles
or explosive devices, are sold.
[Added 6-9-1987]
Devices for complete visual screening. They shall be at least
six feet in height and 3/4 solid.
Any device for visual communication which is used for the
purpose of bringing the subject thereof to the attention of the public,
including the devices displayed within three feet behind windows and
visible from outside of the building. Merchandise or facsimile merchandise
shall not be considered a sign.
Any sign affixed to the ground by its own support and/or
foundation.
Any sign used or intended to be used in different locations.
Same as a zoning permit.
[Amended 9-24-2013; 6-24-2014]
That portion of a building which is between the surface of
a floor and the surface of the next floor above or, in its absence,
the next ceiling above. A basement shall be counted as a story if
the ceiling is more than five feet above the level from which the
height of the building is measured. In a structure with attic space
located beneath a pitched roof and serviced by a stairway, the attic
space shall be considered to be a full story if the area of a plane
established at a height of seven feet above the attic floor (or joists
where the floor is unfinished) equals or exceeds more than 1/3 of
the finished floor area of the story immediately below the attic.
Attic spaces which do not meet the definition of a full story shall
be deemed to be a half-story.
[Amended 9-24-2013; 6-24-2014]
Any vehicular travelway, exclusive of driveways. An approved
street is any street whose location has been approved by official
action of the Plan and Zoning Commission. An accepted street is any
street which has become public by virtue of official acceptance by
the Town Council.
[Amended 8-22-1989; 9-24-2013; 6-24-2014]
A line separating a parcel of land from a street.
Anything constructed or erected, including a building, the
use of which requires location on or under the ground or attachment
to something having location on the ground.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement or repair is started or, if
the structure has been damaged and is being restored, before the damage
occurred. For the purposes of this definition, substantial improvement
is considered to occur when the first alteration of any wall, ceiling,
floor or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include either any project for improvement
of a structure to comply with existing state or local health, sanitary
or safety code specifications which are solely necessary to assure
safe living conditions or any alteration of a structure listed on
the National Register of Historic Places or a State Inventory of Historic
Places.
[Amended 6-27-1978]
The sale of used household or personal items, by the resident
of the dwelling unit. "Tag sale" does not include the sale of items
purchased or obtained for the purpose of resale.
[Added 10-22-1985]
A space in a suitable and permanent building kept, used,
maintained, advertised and held out to and known by the public as
primarily a place for the viewing of motion pictures or performing
arts, including but not limited to dramatic, operatic, musical, dance,
comedic or other live performances. If alcoholic drink is served in
any theater, hot food shall also be offered for service. The service
of alcoholic drink and food shall be adjunct to the primary function
of viewing motion pictures or performing arts. The service of alcoholic
drink shall operate under the applicable liquor permit as provided
in C.G.S. Chapter 545, § 30, as amended, and comply with
all Liquor Control Commission regulations appertaining thereto.
[Added 11-14-2017]
Same as "plan of development."
Trees, such as dogwood, redbud or crabapple.
Deciduous shade trees, such as sugar maple, red oak or London
plane, and conifers, such as white pine, Austrian pine or Canadian
hemlock. Three-fourths of the required large trees shall be at least
2 1/2 to three inches in caliper at the time of planting and
1/4 shall be at least four to 4 1/2 inches in caliper at the
time of planting.
Any structure or part thereof that is intended to be or is
used to house one family, business, industry or corporate entity for
the purpose of carrying out the business appurtenant thereto.
A use customarily incidental and subordinate to a main use
and located on the same lot with such main use.
The specific purpose for which land, water or a structure
is designed, arranged or intended or for which it is or may be occupied
or maintained.
A box-shaped four-wheeled motor vehicle designed to carry
up to 15 passengers or to carry light merchandise or freight. A motor
vehicle designed to permit an average-sized adult to stand upright
inside it is not a van. Thus, motor vehicles, such as those commonly
called "walk-in vans" or "step-up vans," are not included within this
definition. (See illustrations below.)
[Added 7-14-1981]
|
Vans
|
|---|
 |
|
Step-Up or Walk-In Vans
|
|---|
 |
A business, the primary purpose of which is to provide services
to the public involving vehicles or mechanical equipment off the business
premises, such as transport, hauling, common freight carriers or construction,
but which involves the parking of said vehicles on the business premises
during nonbusiness hours. Examples of such businesses include but
are not limited to bus or other private commercial business vehicle
fleet yards, such as taxicab companies, parcel delivery services or
freight hauling companies, construction companies, refuse haulers
and furniture moving companies. "Vehicle-intensive business" shall
not include agencies limited to the rental of passenger automobiles
or passenger vans but shall include enterprises solely in the business
of renting or leasing commercial vehicles, such as trucks or trailers
and/or other mechanical equipment.
[Added 2-14-1989]
An open, unenclosed porch or portico along the front and
side of a building; usually covered by a roof for protection from
weather.
[Added 6-23-1998]
A line on a lot or parcel of land establishing the minimum
setback for porches or verandas from the street line.
[Added 6-23-1998]
A type of screening which affords a year-round effect and
through which the screened object is obscured.
A type of screening through which the screened object is
partially visible.
A space in a line of approach nine feet wide by 20 feet long.
[Added 10-28-1969]
An open space on the same lot with a structure, which lies
between said structure and the nearest lot line and which is unoccupied
except as may be specifically authorized in this chapter. In measuring
a yard, as hereafter provided, the "line of structure" shall be deemed
to mean a line parallel to the nearest lot line, drawn from a point
of a structure nearest to such lot line. Such measurement shall be
taken at a right angle from the line of the structure, as defined
herein, to the nearest lot line.
A yard extending across the full width and/or length of the
lot and lying between the front lot line and the nearest line of a
structure.
A yard extending across the full width of the lot and lying
between the rear lot line and the nearest line of the building.
A yard between the side line of a lot and the nearest line
of the building and extending from the front yard to the rear yard
or, in the absence of either such yards, to the front or rear lot
line as the case may be.
A permit issued upon application, certifying that a proposed
land use, or any extension or alteration thereof, conforms to the
requirements of this chapter.
[Added 3-11-1975; amended 5-10-2005]
[1]
Editor's Note: The definitions of "medical marijuana dispensary
facility" and "medical marijuana production facility," which were
both added 6-24-2014 and immediately followed this definition, were
repealed 5-24-2022.
