[Amended 5-7-2015, effective 6-1-2015]
For the purpose of this chapter, certain terms or words used herein shall be interpreted or defined as follows:
A. 
Words in the present tense include the future tense.
B. 
The singular includes the plural.
C. 
The word "person" includes a corporation, association, partnership or individual.
D. 
The word "lot" includes the word "plot" or "parcels."
E. 
The term "shall" is mandatory.
F. 
The word "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended, arranged or designed to be used or occupied."
G. 
Words not specifically defined herein shall be used as defined in the latest edition of Webster's New Collegiate Dictionary.
As used in this chapter, the following terms shall have the meanings indicated in this section:
ACCESSORY USE or ACCESSORY STRUCTURE
A. 
Any use or structure on the same lot with, and of a nature incidental and subordinate to, the principal use of structure. "On the same lot," with respect to accessory uses and structures, shall be construed as meaning on the same lot or on a contiguous lot in the same zone and in the same ownership. Where a building is attached to the principal building, it shall be considered a part thereof and not an accessory building.
B. 
The following are not permitted as accessory uses unless otherwise provided in this chapter.
(1) 
In residential zones: any building or use for commercial or industrial purposes.
(2) 
In commercial or industrial zones: any building or use for dwelling purposes.
ACRE
For the purposes of this chapter, an acre shall be defined as 40,000 square feet.
ADULT DAY-CARE CENTER
A program of supplementary care for adults, related or unrelated, outside of their own homes, on a regular basis for a part of the 24 hours in one or more days of the week, satisfying the requirements of Article Ten.J.[1] of this chapter.
ALL-WEATHER SURFACE
An all-weather surface is defined as asphalt pavement, processed stones, pea stone, etc.
ALTERATION
The change or rearrangement in size, shape, occupancy, character or use of a building or structure.
BEDROOM
A room which is designated and primarily used for sleeping.
BOARD
The Zoning Board of Appeals.
BUFFER
A strip of land adjoining a property line or zone boundary composed of natural vegetative growth, landscaping, fencing or screening to provide visual and noise separation and protection.
BUILDING
Any structure having a roof supported by columns or walls and intended for shelter, housing or enclosure of persons, animals or chattel.
BUILDING COVERAGE
The combined area of a site covered by the roof area or outside dimensions of all structures on the lot, which includes eaves and other similar projections. Coverage shall include dwellings, garages, accessory buildings, commercial structures, porches, decks, covered walkways, pools, tennis and other recreational courts, and all other structures.
BUILDING HEIGHT
The vertical distance measured from the finished ground-level grade at least 20 feet from any point of the exterior building walls of the building to the peak (ridge) on a minimum of three sides of a building. (See Appendix B.[2])
BUILDING LINE, MINIMUM
A line running parallel to the property line at a distance from the property line equal to the minimum required yard. (See Appendix B.[3])
CEASE AND DESIST ORDER
A written directive issued by an enforcement officer requiring a violation party to immediately correct such violation. Each cease and desist order shall, as an accommodation to such violation party, notify such violation party that the failure to remediate such violation may result in the issuance of a municipal citation, provided that the failure to include such notice shall not render such cease and desist order ineffective or limit any other remedies permitted hereunder.
CHANGE OF USE
A discontinuance of an existing use and the substitution of a use of a different kind or class. Change of use is not intended to include a change of tenants or proprietors unless accompanied by a change in the use category.
CHILD DAY-CARE CENTER
A program of supplementary care for more than 12 related or unrelated children outside their own homes on a regular basis for a part of the 24 hours in one or more days in the week.
CITATION ORDINANCE
That certain ordinance establishing penalties for violations of certain land use regulations adopted by the Board of Selectmen at its meeting held on February 13, 2007, as such ordinance may be amended and in effect from time to time.[4]
COMMERCIAL USE OR BUILDING
A use or building where a product or service is sold to the public.
COMMERCIAL ZONE
Any zoning district classified on the Zoning Map of the Town of Marlborough as a GC, DBIZ, DC or VCD.
COMMISSION
Depending upon the authority given by this chapter, "commission" may refer to the Zoning Commission, the Zoning Board of Appeals or the Planning Commission of the Town of Marlborough.
COMMON OPEN SPACE
Any parcel or parcels of land or an area of water, or a combination of land and water, designed and intended for the use of residents and/or the general public.
COMMUNITY WATER SYSTEM
Any subdivision application which proposes the use of a water company, as that term is defined in § 25-32a of the C.G.S., as amended.
CONGREGATE LIVING FACILITY
An institution, building or buildings, residence or other place, whether operated for profit or not, including places operated by units of government, having some or all of the characteristics of housing or homes for the aged or nursing homes and which undertakes through its ownership or management to provide for a period exceeding 24 hours maintenance or personal service for seven or more adults, not related to the owner or administrator by blood or marriage, who by reason of advanced age or physical infirmity are unable or potentially unable to care for themselves and who require such service.
CONVALESCENT/NURSING HOME
A public or private organization engaged in providing professional nursing services as required by the State of Connecticut Public Health Code Section 19A-490, as amended.
CURBLINE
A line running parallel to the street and defined at the edge of the pavement. (See Appendix B.[5])
DESIGNED DEVELOPMENT ZONE
A zoning district established by the Zoning Commission after detailed site development plan review, public hearing, and special permit approval to permit the development of groups of principal buildings on a single lot. A special permit is required to define the use(s) allowed in the zoning district.
DWELLING
A building or portion thereof designed exclusively for single-family residential occupancy but not including hotels, motels or tourist homes.
DWELLING UNIT
A single housekeeping unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
DWELLING UNIT, ACCESSORY
A separate dwelling unit created either within an existing single-family dwelling or within an accessory structure within a residential zone which has an independent kitchen, bathroom and living area facilities.
DWELLING, MULTIFAMILY (MULTIPLE RESIDENCE)
A building arranged, intended or designed to be occupied by two or more families living independently of each other.
EARTH VIOLATION
A violation involving the grading of land, removal of earth or soil erosion and sediment control.
ENFORCEMENT OFFICERS
The Zoning Enforcement Officer and any individual empowered by the Commission to assist the ZEO in the administration and execution of the ZEO's duties hereunder.
EROSION AND SEDIMENT CONTROL PLAN
A document which explains and illustrates the measures which will be taken to control erosion and sedimentation on construction sites. The plan has a written portion known as a narrative and an illustrative portion known as a map or site plan.
EXCAVATION
The extraction, regrading or removal of sand, gravel, stone, loam, dirt, peat or other earth product so as to alter its contour.
EXTERIOR LIGHTING
Any light emanating from an exterior lighting fixture.
EXTERIOR LIGHTING FIXTURE
Any lighting fixture located exterior of any structure on a lot or used for the purpose of illuminating the portion of a lot exterior to any structure.
FAMILY
One person, or a group of two or more persons related by blood, marriage, legal adoption or legal guardianship, or a group of not more than five persons who need not be so related living and cooking together in the same dwelling unit as a single housekeeping unit. The persons constituting a family may also include up to six foster children, when a married couple permanently resides in the same dwelling unit as foster parent, and gratuitous guests and domestic servants. A roomer, boarder, lodger or occupant of supervised group quarters, regardless of relationship or ownership, shall not be considered a member of the family.
FAMILY DAY-CARE HOME
A facility which provides family day-care services and 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 less than three nor more than 12 hours during a twenty-four-hour period and where care is given on a regularly recurring basis.
FARM
A parcel of land with a minimum of five acres in area, used for the cultivation of the soil, dairying, raising or harvesting any agricultural or horticultural commodity, including the raising, shearing and feeding of livestock; the operation, management, conservation, improvement or maintenance of a farm and its buildings; and the production or harvesting of any agricultural commodity. Farms include farm buildings and accessory buildings thereto, such as nurseries, greenhouses or other structures, used exclusively for the raising of agricultural or horticultural commodities.
FARM WINERY
Any place or premises located on a farm of at least 10 acres that includes at least five acres of vineyards, or the growing of other fruits used on site in which wine or brandy is manufactured and sold. Said facility shall meet the requirements of CGS § 30-16(5), as amended. It is a facility comprising the building(s) used to convert fruit juices to wine, and to age, bottle, store, distribute and sell said wine. A winery, for the purposes of this chapter, includes crushing, fermenting and refermenting, bottling, blending, bulk and bottle storage, aging, shipping, receiving, laboratory equipment and maintenance facilities, sales, and administrative office functions, and may include tasting and promotional events as accessory uses. The farm winery permittee shall produce on the premises of the farm winery an average crop of fruit equal to not less than what is required by the State of Connecticut Liquor Control Regulations, as amended.
[Added 3-3-2016]
FARM WINERY CAFE
An accessory use to the farm winery which allows the sale and service of food prepared on or off site, and consumed at a farm winery for the general public, as well as, the accommodation of special group events. The maximum seating permitted is 200 persons at any one time.
[Added 3-3-2016]
FARM WINERY RETAIL STORE
A building or a portion of a building located on the farm winery/vineyard established as a place for the sale of wine, winery by-products and merchandise may also include souvenirs and clothing bearing the logo of the winery, as well as wine-related items and other products that reflect or enhance the character or theme of the winery.
[Added 3-3-2016]
FLOOR AREA
The sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of exterior walls, excluding public corridors, restrooms, attic areas with a headroom of less than seven feet, unenclosed stairs or fire escapes, elevator structures, areas devoted to air-conditioning, ventilating or heating, or other building machinery and equipment.
FRONTAGE
The distance measured along the minimum required front-yard building line of a lot abutting a street, as defined in this chapter. In the case of a rear lot, the frontage shall be measured at the street line. (See Appendix B.[6])
FULL-CUTOFF FIXTURE
A lighting fixture from which no light is emitted at or above a horizontal plane drawn at the top of such lighting fixture.
GARAGE, PRIVATE
A detached or accessory building or a portion of a main building for the parking and storage only of automobiles or registered commercial vehicles belonging to the occupants of the premises.
GLARE
Excessive brightness in the field of vision that is sufficiently greater than the brightness to which the eyes are adapted to cause annoyance or loss in visual performance and visibility.
GROUP DAY-CARE HOME
A program of supplementary care for not less than or 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.
HOME OCCUPATION
A business or commercial activity customarily conducted within a dwelling by the residents thereof for compensation, which is clearly secondary to the use of the dwelling for living purposes.
HOSPITAL
A building used for the medical or surgical care of sick or injured members of the public, excluding buildings used for medical or surgical care, primarily on a by-appointment basis.
HOTEL, INN OR MOTEL
A building or buildings designed and used primarily for temporary occupancy by transients, which provides or offers accommodations for a consideration for seven or more persons, exclusive of proprietors and employees, living on the premises.
IESNA
The Illuminating Engineering Society of North America.
INDUSTRIAL USE OR BUILDING
A use or building where a product is manufactured, assembled or produced.
INDUSTRIAL ZONE
Any zoning district classified on the Zoning Map of the Town of Marlborough as a DBIZ, GI or DI Zone.
KENNEL
Any operation in which a total of three or more dogs or cats are kept overnight for breeding, boarding or grooming.
LANDSCAPE LIGHTING
Exterior lighting fixtures mounted in or at grade (but not more than three feet above grade) and used solely for landscape rather than any area lighting.
LIBRARY
A building in which literary, musical, artistic or reference materials (such as books, manuscripts, recordings or films) are primarily kept for use by members of the public but not for sale.
LIGHTING FIXTURE
A complete lighting unit consisting of one or more electric lamps, the lamp holder, any reflector or lens, ballast (if any), and any other components and accessories.
LIGHTING TRESPASS
Any light emanating from any lighting fixture which is cast beyond the boundaries of the lot on which such lighting fixture is located.
LIVESTOCK
Animals such as equines, cows, goats, sheep, swine, fur-bearing animals, and wildlife, etc.
LOT
For zoning purposes, a "lot" is a single lot of record.
LOT AREA, MINIMUM BUILDABLE
An area of at least 35,000 contiguous square feet, having a series of corner angles ranging between 80° and 100°, with each side of the area being not less than 100 linear feet. The minimum buildable lot area shall not include the following: land classified as wetlands or watercourses plus a fifty-foot buffer area as defined in the Inland Wetlands and Watercourse Regulations of the Town of Marlborough; land with a slope in excess of 20% as measured over fifty-foot intervals; and land within a federally mapped floodplain. The primary and reserve subsurface sewage disposal system areas shall be located in the minimum buildable lot area as delineated on plans approved by the Town Sanitarian and Planning Commission.
LOT COVERAGE
The combined area of a site covered by the area of buildings, structures and physical site improvements. Coverage shall include building coverage and all impermeable surfaces such as walkways, patios, porches, driveways, parking area, recreational surfaces, sign supports, stairways, etc.
LOT LINE
A line representing a portion of the actual boundary of a lot.
LOT, REAR
A lot which has access to the street through a fifty-foot access strip and where the lot area is located to the rear of other lots having access on the same street. (See Appendix B.[7])
LOT SIZE
The area of a lot as measured on a horizontal plane bound by the front, side and rear lot lines. Lot size as defined herein shall be contiguous.
MUNICIPAL CITATION
A written citation ordering the payment of a municipal fine on account of the existence of a violation, as more particularly described in the Citation Ordinance.[8]
NONCONFORMING BUILDING STRUCTURE OR USE
Any building, structure or use of land, building or premises which does not comply with all of the requirements of this chapter governing the zoning district in which it is located.
NONFRONTAGE LOT LINE
Any lot line which does not border a public right-of-way.
NURSERY
Any lot, structure or premises used as a commercial enterprise for the purpose of growing or keeping plants for sale or resale in their living form.
OWNER
Either:
A. 
The record title owner of a lot; or
B. 
A lessee enjoying exclusive use and possession of an entire lot during the term of the leasing instrument creating such rights.
PARK
All or a portion of any lot owned and maintained by the Town of Marlborough primarily for ornamental and/or recreational uses by members of the public.
PERSON
Any individual, business entity, unincorporated organization, trust or governmental authority.
PLACE OF WORSHIP
A building used primarily for religious practice and prayer.
POULTRY
Domesticated gallinaceous birds such as chickens, turkeys, pheasants, etc., and any of the various waterfowl such as ducks, geese, etc.
PROFESSIONAL USE OR BUILDING
A use or building where a service is performed for the public for remuneration.
PUBLIC INTEREST ORGANIZATION
The United States of America, the State of Connecticut, the Town of Marlborough, or any of their respective public or quasi-public agencies, a house of worship or a public service fraternal lodge.
PUBLIC TASTING ROOM
A room or rooms, open to the general public, primarily used for wine tasting and the retail marketing of winery products. Merchandise offered for sale within the tasting room may also include souvenirs and clothing bearing the logo of the winery, as well as wine-related items and other products that reflect or enhance the character or theme of the winery.
[Added 3-3-2016]
PUBLIC UTILITY INSTALLATION
Any building, structure or other improvement installed or to be installed and/or utilized by the State of Connecticut, the Town or any public service company (as defined in § 16-1 of the Connecticut General Statutes) in connection with any public electric, electric distribution, gas, telephone, pipeline, sewage or water systems. The design of any such public utility installation shall be, in the Commission's discretion, compatible as to size, exterior design, setback, public safety and aesthetics with the buildings, structures and other improvements in the area surrounding the location of any public utility installation.
RECORD DRAWING
A survey prepared by and stamped with the seal of a land surveyor registered in the State of Connecticut at a class A-2 level of accuracy, delineating the as-built field location of all structures, utilities, plantings, well, septic, driveway, parking stalls, parking areas, contours of the land, sidewalks, signs, treelines, curtain and footing drains, outfalls, drainage easements, seeded areas, lighting; and the typical construction details for the parking area, sidewalks, septic systems, lighting, curtain drains, footing drains; and shall include a typical approval block, a note that reads "Perpetual care and maintenance shall be performed by owner on plantings, seedings and site improvements," and a key map.
RECREATION SPACE
That space appropriately improved for common recreational uses, including, but not limited to, tennis courts, swimming pools, ball fields, or clubhouses, etc.
RECREATIONAL EQUIPMENT
Includes boats, boat trailers, travel trailers, pickup campers, trailers, motorized dwellings, tent trailers, pop-out campers and the like. No such recreational equipment shall be used for living, sleeping or housekeeping purposes unless previously approved by the Commission for such use.
RECREATIONAL ZONE
Any zoning district classified on the Zoning Map of the Town of Marlborough as a "design recreational zone."
RESIDENTIAL ZONE
Any zoning district classified on the Zoning Map of the Town of Marlborough as a "residential zone" or "design multiple residence zone."
RESTAURANT
A place of business where a menu selection of meals is prepared on the premises and served to patrons seated at tables for on-premises consumption in a completely enclosed room. The term does not include a place where food or meals are offered for off-premises, automobile or curb service consumption. A drive-in or drive-through restaurant is not considered a "restaurant," as defined in this chapter.
RESTAURANT, DRIVE-IN
Any place or premises where provisions are made on the premises for the selling, dispensing or serving of food, refreshments or beverages in motor vehicles and/or in other than a completely enclosed building on the premises, including those establishments where customers may serve themselves and may eat or drink the food, refreshments or beverages in motor vehicles and/or in other than a completely enclosed building on the premises. A restaurant which provides drive-in or drive-through facilities of any kind in connection with regular restaurant activities shall be deemed a drive-in restaurant for purposes of this chapter.
RESTAURANT, FAST FOOD
An establishment where food is prepared and served to the customer in a ready-to-consume state for consumption either within the restaurant building, outside the building and on the same premises, or off the premises, and having any combination of two or more of the following characteristics:
A. 
A limited menu, usually posted on a sign rather than printed on individual sheets or booklets;
B. 
Self-service rather than table service by restaurant employees;
C. 
Disposable containers and utensils; or
D. 
A kitchen area in excess of 50% of the total floor area.
SCHOOL
A building primarily used to provide for the full course of elementary and/or advanced academic teachings of children.
SETBACK
Measured as the closest point of any portion of a building or structure to any property line. (See Appendix B.[9])
SIGN
Any material, structure or device composed of lettered or graphic material, which is located out of doors or on the exterior of any building or indoors as a window sign, that displays an advertisement, announcement, notice or name used for the purpose of bringing the subject thereof to the attention of the public, but including any flag, badge or insignia of any government or governmental agency.
SIGN, ADDRESS
A freestanding sign depicting the street address of the lot on which such sign is placed.
SIGN, AWNING
A sign attached, printed or adhered flat against the surface of an awning and not extending beyond the borders thereof. No portion of an awning sign shall be located below a height of eight feet above the surface level beneath the awning to which such sign is affixed.
SIGN, BILLBOARD
A sign which directs attention to a use not exclusively related to the lot where such sign is located.
SIGN, CONTRACTOR'S
A sign posted by a contractor at a property during the course of such contractor's work at a lot and removed immediately at the conclusion thereof, provided that no contractor's sign shall be placed on any lot for a duration of time exceeding 90 days.
SIGN, DETACHED
A freestanding sign which is permanently affixed to its supporting structure, the top of which shall not exceed eight feet in height above the surface level beneath such sign, and the bottom of which shall not be less than 30 inches above the surface level beneath such sign.
SIGN, DEVELOPMENT
A freestanding sign which depicts the name of a residential development or subdivision, which sign shall be maintained by a condominium association, homeowners' association or similar organization and for which a maintenance bond shall be issued in favor of the Town in an amount reasonably determined by the Zoning Commission.
SIGN, DIRECTORY
A freestanding sign setting forth the street address of a lot and two or more directory identification signs, together with, at the owner's discretion, the advertised name of a lot (which name shall not exceed 30% of the size of such directory sign), which shall not exceed 12 feet in height above the surface level beneath such sign and the bottom of which shall not be less than 36 inches above the surface level beneath such sign. Each directory sign shall be of an integrated and uniform design, with identical colors and construction materials throughout.
SIGN, DIRECTORY IDENTIFICATION
A sign affixed to a directory sign, identifying the owner or a tenant at the lot on which such directory sign is placed, using lettering no greater than five inches in height. Each directory identification sign shall be of an integrated and uniform design with such directory sign, and each directory identification sign on any directory sign shall utilize identical colors and construction materials as all other directory identification signs on such directory sign. The proportion of any directory identification sign to the directory sign to which it is affixed shall be substantially similar, as determined by the Zoning Commission, to the proportion of the gross floor square footage exclusively occupied by the tenant or owner identified on such directory identification sign to the gross floor square footage occupied by the owner and all tenants at the lot on which such directory sign is placed.
SIGN, HOME OCCUPATION
A freestanding sign which, together with its supporting structure, the top of which shall not exceed 3.5 feet in height above the surface level beneath such sign and the bottom of which shall not be less than 24 inches above the surface level beneath such sign, specifically identifies the home occupation legally maintained on the lot on which such sign is placed.
SIGN, NAMEPLATE
A sign depicting an occupant of a lot or a business maintained thereon, which sign shall be permanently affixed to a building on such lot.
SIGN, POLITICAL
A sign, flag or banner depicting a message or symbol of a body politic, a federal, state or local election, or other language relevant to federal, state or local political issues, which signs, if related to an election, shall be placed not more than 30 days prior to the applicable election date and removed no more than seven days thereafter.
SIGN, PROTECTION
A sign warning the general public against dangers located on a lot or prohibiting the general public from trespassing, hunting or other violations of an owner's property rights, provided no such protection sign shall be located within 20 feet of any other protection sign located on the same lot.
SIGN, PUBLIC INTEREST
A sign identifying an owner of a lot which is a public interest organization, such public interest sign being placed on such lot only if the operations conducted at such lot requires the regular visitation of the public or other parties not owning or occupying such lot.
SIGN, PUBLIC SAFETY
A sign used for the sole and exclusive purpose of maintaining reason and order to ensure the safety of public visitors or other third parties not owning or occupying a lot, such as directional signs, stop signs, etc.
SIGN, ROOF
A sign affixed to the roof of a building, the top of which shall not be located more above the ridge of a pitched roof or above the surface of a flat roof and the bottom of which shall not be more than 24 inches above the drip edge immediately beneath such sign.
SIGN, TEMPORARY EVENT
A nonpermanent freestanding sign identifying a special temporary event that will be conducted at the lot on which such sign is placed, including, without limitation, so-called "A-frame," "sandwich board" and similar signs. No temporary event sign shall be placed on a lot more than five days prior to the special temporary event which is the subject of such temporary event sign, and each temporary event sign shall be removed not more than two days following the conclusion of such special temporary event, provided that no owner or tenant shall be permitted to maintain any temporary event sign for a period in excess of 10 days; and provided, further, that no owner or tenant shall be permitted to maintain temporary event signs for more than 15 days during any twelve-month period.
SIGN, TEMPORARY REAL ESTATE
A sign advertising the actual availability of a lot or any portion thereof for sale or for lease, provided that no temporary real estate sign shall be placed on a lot more than five days following consummation of the sale or lease of the lot being advertised.
SIGN, TEMPORARY TAG SALE
A sign advertising a tag sale at a lot and placed on the lot at which such tag sale shall be conducted, which sign shall not be placed more than three days in advance of such tag sale. Each temporary tag sale sign shall be removed immediately following the conclusion of such tag sale.
SIGN, WALL
A sign affixed to a wall of a building and identifying the owner or tenant enjoying exclusive use and possession of such building or the portion thereof in the location such sign is affixed. No wall sign shall extend above the lowest point of the roof, nor shall any wall sign extend higher than the eaves line or top of the parapet wall of the building to which such wall sign is affixed. No wall sign shall extend beyond the ends of the wall to which such wall sign is affixed or project more than three inches from the surface of the wall to which such wall sign is affixed. No portion of any wall sign, including any illumination fixtures or supporting frames, shall be located more than 25 feet above the surface level of the nearest public right-of-way, measured from the location of such wall sign.
SIGN, WINDOW
A sign affixed to an external window or located within four feet of a window of the building or portion thereof occupied by the owner or tenant affixing such sign and visible to the general public, excluding the actual physical display of products sold by such owner or tenant at such location.
SIGNIFICANT VIOLATION
A violation which involves any of:
A. 
An imminent threat to public safety, public health or property values;
B. 
An adverse and irreversible effect on public safety, public health or property values; or
C. 
A violation of substantially similar nature as a violation for which a cease and desist order was given in the prior 12 months to the same violation party.
SPECIAL EVENTS
A farm winery may conduct wine tastings and hold special events in a building or a portion of a building located on the farm vineyard. Such room may only exist as an accessory to a farm winery/vineyard.
[Added 3-3-2016]
SPECIAL PERMIT
A permit granted after a public hearing and approval subject to the requirements of this chapter permitting a use(s) and/or building(s).
STREET
An approved public right-of-way that has been accepted by the Marlborough Board of Selectmen, a state road or private right-of-way that has been approved by the Marlborough Planning Commission or Zoning Commission.
STREET LINE
The boundary line separating a parcel of land from the street. (See Appendix B.[10])
STRUCTURE
A. 
Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. As used in this chapter, structures shall include but are not limited to buildings, swimming pools, tennis courts, towers, docks, balconies, open entrances, porches, decks, chimneys, handicapped ramps, bay windows, storage tanks, antennas, satellite dishes, ground-mounted solar panels and fences or walls greater than six feet in height. Retaining walls and platforms that are necessary for the installation of public utilities shall not be viewed as structures.
B. 
Floating structures, such as piers, docks, wharves, ramps, mooring devices, launching devices, the decking of which is no higher than three feet above mean high water, are permitted structures exempt from the minimum required yard requirements and are subject to the securing of the necessary permits from the Marlborough Conservation Commission.
SUBSURFACE SEWAGE DISPOSAL SYSTEM
A system consisting of a house sewer, a septic tank followed by a leaching system, any necessary pumps and siphons, and any groundwater control system on which the operation of the leaching system is dependent.
SUPERVISED GROUP QUARTERS
A dwelling housing a group of persons during a period in which such persons are undertaking a program of vocational training, counseling, social rehabilitation or other similar program, such as children's homes and group homes. Supervised group quarters shall not be considered a rooming house, boardinghouse or lodging house.
TEMPORARY USE PERMIT
A permit issued by the Zoning Commission or the ZEO subject to the requirements of this chapter permitting a temporary use, sign or structure.
TENANT
A person or entity with a leasehold interest in real property obtained from an owner to exclusively occupy and use a portion of a lot.
TOURIST HOME; BOARDINGHOUSE
A building, part of which is occupied by the owner of the building as his permanent residence, in which lodging and meals are offered or provided for compensation to two or more persons, up to a maximum of six persons, by prearrangement for definite periods of time.
TOWN
The Town of Marlborough, Connecticut.
TRAILER
A structure mounted on wheels, capable of being towed or hauled by another vehicle, and used for short-term human occupancy, carrying or storing materials, goods or objects, or as a temporary office.
TRAILER MOBILE HOME
Any vehicle or similar portable structure which is or can be used for sleeping, living or working quarters and which is, has been, or can be mounted on wheels, whether or not resting upon a temporary or permanent foundation.
VARIANCE
A relaxation of the terms of the zoning regulations by the ZBA when such relaxation will not be contrary to the public interest and where, owing to conditions peculiar to the property and not as a result of the actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship.
VEHICLE, COMMERCIAL
Any motor vehicle with commercial license plates or with lettering, markings or other accessories indicating it is intended for use other than personal and/or recreational transportation. For the purposes of this definition, dump trucks, backhoes, bulldozers and other types of construction-related machinery shall be viewed as commercial vehicles.
VEHICLE, MOTOR
Any motor vehicle as defined by C.G.S. § 14-212, as amended.
VIOLATION
A violation of any regulation, rule, order, directive or other provision of this chapter, the Commission, or Title 8 of the Connecticut General Statutes.
VIOLATION PARTY
The owner and/or tenant of any lot (or portion thereof) causing or permitting a violation to exist thereon.
WATERCOURSE
Any river, creek, brook, stream, waterway, lake, pond, marsh, swamp, bog or any other body of water, natural or artificial, public or private, vernal or intermittent, which are contained within, flow through or border upon the Town of Marlborough or any portion thereof, not regulated pursuant to §§ 22-7h to 22-7o, inclusive, or the 1969 supplement to the C.G.S., as amended.[11]
WETLANDS
Any land area or submerged land area which consists of any of the soil types designated as poorly drained, very poorly drained, alluvial and floodplain by the National Cooperative Soils Survey of the Natural Resources Conservation Service of the United States Department of Agriculture, as amended. Such areas may include filled, graded or excavated sites which possess an aquic (saturated) soil moisture regime as defined by USDA NRCS.
WINE
Any alcoholic beverage obtained by the fermentation of the natural sugar content of fruits, such as grapes or apples or other agricultural products, containing sugar, including brandy.
[Added 3-3-2016]
YARD
A required open space unoccupied and unobstructed by any building, portion of a building, structure or construction.
YARD, FRONT
An open space extending between side lot lines across the front of a lot. (See Appendix B.[12])
YARD, REAR
An open space extending across the rear of the lot between the inner side yard lines. In the case of through lots, there will be no rear yard. On a corner lot or an interior lot on a curve where there is no rear lot line, there shall be no rear yard requirement. (See Appendix B.[13])
YARD, SIDE
An open space extending from the street line to the rear lot line. (See Appendix B.[14])
ZBA
The Zoning Board of Appeals of the Town of Marlborough.
ZEO
The Zoning Enforcement Officer of the Town of Marlborough, as appointed and empowered by the Commission.
ZONING PERMIT
A permit granted by the ZEO, subject to the requirements of this chapter, permitting a use(s), structure(s) and/or building(s).
[1]
Editor's Note: So in original.
[2]
Editor's Note: Appendix B is on file in the Town's office.
[3]
Editor's Note: Appendix B is on file in the Town's office.
[4]
Editor's Note: See Ch. 254, Land Use, Art. IV, Penalties for Violations.
[5]
Editor's Note: Appendix B is on file in the Town's office.
[6]
Editor's Note: Appendix B is on file in the Town's office.
[7]
Editor's Note: Appendix B is on file in the Town's office.
[8]
Editor's Note: See Ch. 254, Land Use, Art. IV.
[9]
Editor's Note: Appendix B is on file in the Town's office.
[10]
Editor's Note: Appendix B is on file in the Town's office.
[11]
Editor's Note: See current wetlands and watercourse provisions in C.G.S. §§ 22a-28 through 22a-45d.
[12]
Editor's Note: Appendix B is on file in the Town's office.
[13]
Editor's Note: Appendix B is on file in the Town's office.
[14]
Editor's Note: Appendix B is on file in the Town's office.