Town of West Hartford, CT
Hartford County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
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. 
Definitions. For the purpose of this chapter, certain words and terms used herein are defined as follows:
ABUT OR ABUTTING
Having a common boundary.
ADJACENT
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.
ADJOIN OR ADJOINING
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.
ADULT DAY-CARE CENTER
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]
ADULT DAY-CARE HOME
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]
ADULT GROUP DAY-CARE FACILITY
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]
AFFORDABLE HOUSING DEVELOPMENT
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]
AMUSEMENT ARCADE
A building or room, the main use of which is the storage and operation of amusement devices.
[Added 5-25-1982]
AMUSEMENT DEVICE
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]
(1) 
A jukebox.
(2) 
Rides.
(3) 
Bowling alleys.
(4) 
A pool table.
(5) 
Any device maintained within a residence for the use of the occupants thereof and their guests.
(6) 
Any device, the possession or use of which is prohibited by law.
APARTMENT
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.
APARTMENT HOUSE
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.
BOARDINGHOUSE
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.
BUILDING
Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or chattel.
BUILDING, ACCESSORY
A subordinate building, the use of which is customarily incidental to that of a main building on the same lot.
BUILDING COVERAGE
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]
BUILDING LINE
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]
BUILDING, MAIN
A building in which is conducted the main or principal use of the lot on which said building is situated.
BUILDING PERMIT
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]
CAR WASH FACILITY
A commercial establishment for the washing of vehicles, whether performed by automated or manual means.
[Added 9-14-2004]
CHILD DAY-CARE CENTER
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]
CLUB
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.
COMMERCIAL MOTOR VEHICLE
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]
CONVALESCENT HOME
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]
COTTAGE FOOD OPERATION
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]
COURT
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.
DISC JOCKEY
A person who plays different sources of pre-existing recorded music for a live audience or via broadcasting.
[Added 11-14-2017]
DRIVEWAY
Any vehicular travelway serving not more than two contiguous lots.
[Added 8-22-1989]
DWELLING
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.
DWELLING, ATTACHED
A dwelling having any portion of a wall in common with another dwelling.
DWELLING, DETACHED
A dwelling with open spaces on all sides.
DWELLING, MULTIFAMILY
A dwelling containing more than one dwelling unit.
DWELLING, ONE-FAMILY
A dwelling containing one dwelling unit only.
DWELLING UNIT
A dwelling or portion thereof providing complete housekeeping facilities for one family only.
FAMILY
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]
FAMILY DAY-CARE HOME
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]
FLOODPROOFING
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]
FLOOR AREA RATIO
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]
FOOD TRUCK
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]
FOOD TRUCK PARK, MAIN USE
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]
FRONTAGE
A one-dimensional line, measured at the front lot line.
[Added 8-22-1989]
GOLF COURSE RESTAURANT
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]
GRADE, FINISHED
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]
GROSS FLOOR AREA
The sum of the horizontal area of all floors of a building, measured by exterior dimensions.
GROUND COVER
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.
GROUP-CARE FACILITY
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]
GROUP DAY-CARE HOME
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]
HANDICAPPED RAMP
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]
HEDGE
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.
HEIGHT OF BUILDING
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.
HISTORIC PRESERVATION DEVELOPMENT
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]
HOME FOR THE AGED
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]
HOME OCCUPATION
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]
HOSPITAL
Any establishment for the diagnosis, treatment or other care of human ailments.
HOTEL
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]
INDOOR RECREATION OR AMUSEMENT FACILITY, EXCLUDING NIGHTCLUBS, DANCE HALLS OR DANCE CLUBS
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, 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]
(1) 
Indoor recreation or amusement facilities shall be open during regularly posted hours which are clearly marked and shall have no age restrictions.
INFILL DEVELOPMENT
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]
INTERMEDIATE-CARE FACILITY
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]
JUNKYARD
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]
KENNEL
The keeping of four or more dogs over the age of six months, for each dwelling unit.
[Amended 2-28-2017]
LANDSCAPING OR LANDSCAPED
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.
LOT
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.
LOT AREA
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.
LOT DEPTH
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.
LOT LINE
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]
LOT LINE, FRONT
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]
LOT LINE, REAR
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.
LOT LINE REVISION
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]
LOT LINE, SIDE
Any lot line which is not a front lot line or a rear lot line, as defined herein.
LOT, REAR
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]
LOT SPLIT
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]
LOT WIDTH
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]
MAIN BUILDING
See "building, main."
MAIN USE
See "use, main."
MEDICAL MARIJUANA DISPENSARY FACILITY
A place of business where medical marijuana may be dispensed or sold at retail to qualifying patients and primary caregivers and for which the Connecticut Department of Consumer Protection has issued a dispensary facility license under Public Act 12-155 and Sections 21a-408 of the Regulations of Connecticut State Agencies.
[Added 6-24-2014]
MEDICAL MARIJUANA PRODUCTION FACILITY
A secure, indoor facility where the production of medical marijuana occurs and that is operated by a person to whom the Connecticut Department of Consumer Protection has issued a producer license under Public Act 12-155 and Sections 21a-408 of the Regulations of Connecticut State Agencies.
[Added 6-24-2014]
MONUMENT OR STATUE
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]
MOTOR VEHICLE
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]
NIGHTCLUBS, DANCE HALLS, or DANCE CLUBS
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]
NONCONFORMING USE
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.
NURSING HOME
See "convalescent home."
OPPOSITE WALL
For the purpose of defining the term "court," walls shall be deemed "opposite" wherever the projection of one wall falls on another wall.
OWNER OF RECORD
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.
PICKUP TRUCK
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
PLAN OF DEVELOPMENT
The plan of development referred to in Chapter XIII, Sections 4 and 5, of the Town Charter, as adopted and amended.
PLANT SALE
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]
PORCH
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]
PORTICO
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]
PUBLIC ART
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]
PUBLIC SPACE
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]
RESTAURANTS WITH OR WITHOUT ALCOHOLIC DRINK AND OTHER ESTABLISHMENTS SERVING FOOD AND NONALCOHOLIC DRINK
"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]
RETAIL FIREARM STORE
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]
SCREENING FENCE or SCREENING WALL
Devices for complete visual screening. They shall be at least six feet in height and 3/4 solid.
SIGN
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.
SIGN, GROUND
Any sign affixed to the ground by its own support and/or foundation.
SIGN, MOVABLE
Any sign used or intended to be used in different locations.
SIGN PERMIT
Same as a zoning permit.
[Amended 9-24-2013; 6-24-2014]
STORY
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]
STREET
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]
STREET LINE
A line separating a parcel of land from a street.
STRUCTURE
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.
SUBSTANTIAL IMPROVEMENT
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]
TAG SALE (COMMONLY REFERRED TO AS "GARAGE SALE" OR "YARD SALE")
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]
THEATER
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]
TOWN DEVELOPMENT PLAN
Same as "plan of development."
TREES, FLOWERING
Trees, such as dogwood, redbud or crabapple.
TREES, LARGE
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.
UNIT OF OCCUPANCY
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.
USE, ACCESSORY
A use customarily incidental and subordinate to a main use and located on the same lot with such main use.
USE, MAIN
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.
VAN
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
VEHICLE-INTENSIVE BUSINESS
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]
VERANDA
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]
VERANDA LINE
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]
VISUAL SCREENING, COMPLETE
A type of screening which affords a year-round effect and through which the screened object is obscured.
VISUAL SCREENING, PARTIAL
A type of screening through which the screened object is partially visible.
WAITING POSITION
A space in a line of approach nine feet wide by 20 feet long.
[Added 10-28-1969]
YARD
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.
YARD, FRONT
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.
YARD, REAR
A yard extending across the full width of the lot and lying between the rear lot line and the nearest line of the building.
YARD, SIDE
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.
ZONING PERMIT
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]