For the purpose of these regulations, the following
terms, phrases, words, and their derivations shall have the meaning
given herein.
ACCESSORY APARTMENT
A dwelling unit with bedroom, kitchen and bathroom facilities
created within a single-family residential structure. An accessory
apartment shall be subordinate to the single-family structure in size
and appearance.
ACCESSORY BUILDING
A supplemental building, the use of which is incidental to
that of a main or principal building and located on the same lot therewith.
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use of a building, and located on the same lot with such principal
use or building.
ADDRESS SIGN
Any sign indicating street address, name of occupant and/or
name of residence.
AQUIFER
A geologic unit capable of yielding usable amounts of water.
ATTIC
The space between the ceiling beams of the top story and
the roof rafters.
BANNER SIGN
Any sign intended to be hung either with or without frames,
possessing characters, letters, illustrations or ornamentation applied
to or composed of paper, plastic or fabric of any kind. National flags,
flags of political entities and subdivisions and state or town flags
shall not be considered banners.
BASE FLOOD ELEVATION
The elevation of the crest of the base flood or one-hundred-year
flood; the height in relation to mean sea level expected to be reached
by the waters of the base flood at pertinent points in the floodplains
of coastal and riverine areas.
BASEMENT
A portion of a building partly underground, but having less
than half of its clear height below the average grade of the adjoining
ground.
BED-AND-BREAKFAST
An owner-occupied, single-family residence where lodging
for no more than four overnight guests is provided for compensation.
BILLBOARD SIGN
An outdoor advertising sign which advertises goods, products
or services or a business, organization, event, person, place or thing
not sold on the premises on which the sign is located, unless such
sign is more specifically defined herein.
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.
BUSINESS SIGN
Any sign which directs attention to a business, commodity,
service, activity or product sold, conducted or offered upon the premises
where such a sign is located.
CELLAR
A portion of a building partly underground, having half or
more than half of its clear height below the average of the adjoining
ground.
CERTIFICATE OF ZONING COMPLIANCE
A document stating that the site plan of a proposed use has
been adhered to and completed and/or is in conformance with these
regulations.
CERTIFICATION
A signed, written declaration or statement that a thing is
true, accurate or meets the applicable requirements of these regulations.
CHANGEABLE SIGN
Any sign, either fixed or mobile, that is designated so that
characters, letters or illustrations can be changed or rearranged
without altering the surface of the sign upon which the characters,
letters or illustrations are mounted, i.e., bulletin boards, blackboards,
and marquees.
COMMERCIAL BOAT CRUISE LINE FACILITY AND PASSENGER TERMINAL
A dock, wharf, slip basin or similar landing facility whose
primary use is the docking of vessels engaged in commercial boat cruises,
excursions and tours, and which may include minor nonstructural repairing
and servicing of such vessels and includes company offices, ticket
offices, and waiting rooms, but which expressly excludes construction,
major repairing of structural components, overhauling and dry-docking
of such vessels.
COMMERCIAL MOTOR VEHICLE
Any motor vehicle with a commercial vehicle, livery, taxi
or commercial trailer vehicle registration.
COMMISSION
The Planning and Zoning Commission of the Town of Haddam,
Connecticut.
CONSTRUCTION SIGN
Any sign giving the names of the architects, engineers, contractors,
developers and/or lending institutions responsible for construction
on the site where the sign is located.
COST
As related to substantial improvements, the cost of any reconstruction,
rehabilitation, addition, alteration, repair or other improvement
of a structure shall be established by a detailed written contractor's
estimate. The estimate shall include, but not be limited to, the cost
of materials (interior finishing components, structural components,
utility and service equipment); sales tax on materials; building equipment
and fixtures, including heating and air conditioning and utility meters;
labor; built-in appliances; demolition and site preparation; repairs
made to damaged parts of the building worked on at the same time;
contractor's overhead; contractor's profit; and grand total. Items
to be excluded include: cost of plans and specifications; survey costs;
permit fees; outside improvements such as septic systems, water supply
wells, landscaping, sidewalks, fences, yard lights, irrigation systems,
and detached structures such as garages, sheds, and gazebos.
COVERAGE
The percentage which the aggregate building area of all buildings
and parking, where applicable, on a lot bears to the total area of
that lot.
CUTTING, COMMERCIAL
Any cutting or removal of trees which exceeds one acre in
extent and is not covered under the definition of "noncommercial cutting"
contained herein.
CUTTING, NONCOMMERCIAL
The cutting or removal of trees on a lot for the purpose
of preparing a site for the construction of a building, structure
or other use and/or cutting for the customary maintenance and improvement
of a lot.
DEVELOPMENT
Any construction or grading activities to improved or unimproved
real estate, or any man-made change to improved or unimproved real
estate, including but not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavation or drilling
operations.
DIRECTIONAL SIGN
A sign not located on the premises of a business which assists
in locating the business.
DIRECTLY ILLUMINATED
Any sign emitting artificial light directly, or through any
transparent or translucent material.
DIRECTORY SIGN
Any sign where the name or names and locations of a business,
organization, event, person, place or thing or of the occupants or
of the building are given.
DISTURBED AREA
An area where the ground cover is or will be destroyed or
removed leaving the land subject to accelerated erosion.
DWELLING, HOUSING FOR ELDERLY AND/OR PHYSICALLY HANDICAPPED
PERSONS
Dwelling units 1) designed exclusively to be occupied by
and to meet specific requirements and design standards suitable for
occupancy by one or more elderly persons, at least one of who is at
least 55 years of age or over and/or is physically handicapped; and
2) which shall conform to the requirements of state and/or federal
programs providing for housing for the elderly and shall include a
signed and sealed certified statement from the owner, the owner's
architect and engineers that such housing conforms to the state and/or
federal agencies' program requirements for elderly housing, whether
or not such housing is constructed under such program. Dwellings for
the elderly and/or physically handicapped persons may include accessory
community rooms and facilities for the use of the occupants as well
as other essential service facilities, such as laundry rooms.
DWELLING UNIT
One or more rooms arranged for the use of one family living
together as a single habitable unit, with cooking, living, sanitary
and sleeping facilities.
ERECT
To build, construct, raise up, set up, attach, hang, place,
suspend or affix and shall also include the painting of wall signs.
EROSION
Any movement of soil or rock fragments by water, wind, ice
or gravity.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
EXPANSION OF AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or pouring of concrete pads).
FAMILY
Includes the following:
B.
Two or more persons related by blood, marriage or adoption;
and
C.
Up to five unrelated individuals.
FINISHED LIVING SPACE
Includes, but is not limited to, a space that is heated and/or
cooled, contains finished floors (tile, linoleum, hardwood, etc.),
has sheetrock walls that may or may not be painted or wallpapered,
and other amenities such as furniture, appliances, bathrooms, fireplaces
and other items that are easily damaged by floodwaters and are expensive
to clean, repair or replace. A fully enclosed area below the base
flood elevation (RFE) cannot have finished living space and needs
to be designed for exposure to flood forces. This space can only be
used for parking, building access or limited storage.
FLOOD BOUNDARY AND FLOODWAY MAP
An official map of the Town of Haddam on which the Federal
Insurance Administration has delineated the one-hundred-year, five-hundred-year
and floodway boundaries.
FLOOD INSURANCE RATE MAP
An official map of the Town of Haddam on which the Federal
Insurance Administration has delineated the areas of special flood
hazards and the risk-premium zones applicable to the Town, as well
as base flood elevations at selected locations.
FLOOD INSURANCE STUDY
The official study of a community in which the Federal Emergency
Management Agency (FEMA) has conducted a technical engineering evaluation
and determination of local flood hazards, flood profiles and water
surface elevations. The Flood Insurance Rate Maps (FIRMs), which accompany
the FIS, provide both flood insurance rate zones and base flood elevations,
and may provide the regulatory floodway limits.
FLOOD or FLOODING
A general and temporary condition of partial or complete
inundation of normally dry land areas from either the overflow of
inland or tidal waters, or the unusual and rapid accumulation or runoff
of surface waters from any source.
FLOODWAY
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
FLOOR AREA
The sum of the gross horizontal areas for residential use
of the several floors of a building, measured from the exterior faces
of exterior wall or from the center lines of walls separating two
dwelling units. Floor area also includes:
A.
A basement or cellar which is used primarily
for year-round living accommodations (e.g., finished recreation room).
B.
Attics and top half-stories, provided that:
(1)
The height shall not be less than 7 1/3
feet over not less than 1/3 the area of the floor when used for sleeping,
study or similar activity; and
(2)
Such areas are connected with the floor below
by a permanent inside stairway.
FREESTANDING OR ATTACHED SIGN
All wording, lettering and accompanying design and symbols,
together with the background, whether open or enclosed, on which they
are displayed. The area does not include minimal supporting framework
or bracing, but it does include any decorative structure.
FUNCTIONALLY DEPENDENT USE OR FACILITY
A use or facility that cannot perform its intended purpose
unless it is located or carried out in close proximity to water. The
term includes only docking facilities, port facilities that are necessary
for the loading and unloading of cargo or passengers, and ship building
and ship repair facilities. The term does not include seafood processing
facilities, long-term storage, manufacturing, sales or service facilities.
GRADE
The finished ground level adjoining the base of all exterior
walls of a building or structure and any related earth-retaining structure.
GRADING
Any excavating, grubbing, filling (including hydraulic fill)
or stockpiling of earth materials or any combination thereof, including
the land in its excavated or filled condition.
HAZARDOUS WASTE
Waste material which may pose a present or potential hazard
to human health or the environment when improperly stored, transported
or disposed of or otherwise managed, including without exception hazardous
waste identified and listed in accordance with Section 3001 of the
Resource Conservation and Recovery Act of 1976.
HEIGHT, BUILDING
A.
Applicable to all structures in the Connecticut River Gateway
Conservation Zone: the vertical distance between a horizontal plane
drawn through the lowest point of a building or structure which is
visible above grade and its uppermost point, excluding chimneys.
B.
Applicable to all structures outside of the Connecticut River
Gateway Conservation Zone: the vertical distance from the average
finished grade within 10 feet from the walls of a building to the
highest point of flat or mansard roofs, including the top of a parapet,
or to the mean level between the eaves and ridge for gable, hip, or
gambrel roofs.
HIGHEST ADJACENT GRADE (HAG)
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
A.
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
B.
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historic significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
C.
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
D.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
(1)
By an approved state program as determined by the Secretary
of the Interior; or
(2)
Directly by the Secretary of the Interior in states without
approved programs.
HOME OCCUPATION SIGN
Any sign as defined herein erected to advertise the location
of a home occupation.
INDIRECTLY ILLUMINATED SIGN
Any sign illuminated with an artificial light external to
the sign. The light shall be so shielded that rays from it are not
directed beyond the lot upon which the sign is located.
INTERIOR LOT
A building lot which does not meet the frontage requirements
of Table I.
KENNEL, COMMERCIAL
Premises maintained and operated as a business for boarding,
grooming, training or breeding dogs and/or cats.
LOT
A plot or parcel of land occupied or capable of being occupied
by one principal building and the accessory buildings or uses customarily
incidental to such building and including such open spaces as are
intended to be used in connection therewith or as are required by
subdivision. In the case of commercial, industrial, public, or institutional
buildings, or housing for elderly and/or physically handicapped persons,
a group of buildings devoted to a common interest or use and under
the same ownership may be considered as occupying the same lot.
LOWEST FLOOR
The lowest floor of the enclosed area of a building (including
basement and/or cellar.)
MANUFACTURED HOME
A structure that is transportable in one or more sections,
built on a permanent chassis, and designed to be used with or without
a permanent foundation when connected to the required utilities. The
term also includes recreation vehicles, park trailers, or travel trailers
and similar transportable structures placed on a site for 180 consecutive
days or longer and intended to be improved property. When located
on a lot, a manufactured home shall be considered to be a residence
and subject to all the regulations prescribed for the zoning district
in which it is located, or shall be fully licensed and ready for highway
use.
MARINA
A waterfront land use which offers berths for recreational
boating and providing such ancillary indoor and outdoor boat facilities
as boat storage, sales of provisions, fuel, materials and supplies,
rentals, and services for boaters, such as rest rooms, showers, laundries,
repairs and parking.
MARKET VALUE
The market value of a structure shall be determined by a
professional appraiser.
MEAN SEA LEVEL (MSL)
The North American Vertical Datum (NAVD) of 1988 or other
datum to which base flood elevations shown on a community's Flood
Insurance Rate Map (FIRM) are referenced.
NEW CONSTRUCTION
Structures for which the start of construction or substantial
improvement commenced on or after the effective date of the applicable
regulation.
NEW MANUFACTURED HOME PARK OR SUBDIVISIONS
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by a community.
NONCONFORMING LOT
A lot legally existing on the effective date of these regulations
or any applicable amendment but which fails, by reason of such adoption,
revision or amendment, to conform to the present regulations for any
prescribed lot requirement.
NONCONFORMING USE
Use of a building or of land that does not conform to the
regulations for the zone in which it is situated.
OUTDOOR RECREATIONAL FACILITIES
One or more buildings, structures or uses either used for
or accessory to the provision for organized recreational activities
or opportunities for persons other than those who lawfully reside
on the premises. Outdoor recreational facilities include, but are
not limited to, campgrounds, fairgrounds, camping sites, cabins for
seasonal use, horse or riding stables, facilities where horses are
bred, boarded or trained (other than horses owned by persons lawfully
residing on the premises), golf courses or driving ranges, ball fields,
tennis courts or clubs, swimming pools or facilities, ski slopes or
areas, or any combination thereof or similar or related uses.
OUTDOOR WOOD-BURNING FURNACE
An accessory structure or appliance designed to be located
outside living space ordinarily used for human habitation and designed
to transfer or provide heat, via liquid or other means, through the
burning of wood or solid waste, for heating spaces other than where
such structure or appliance is located on the premises, or for heating
domestic, swimming pool, hot tub or Jacuzzi water. "Outdoor wood-burning
furnace" does not include a fire pit, wood-fired barbecue or chimney.
Prohibited uses: Outdoor wood-burning furnaces are prohibited in all
zones as of December 1, 2007.
PAINTED UPON OR APPLIED TO A BUILDING
When used with reference to a sign, all lettering, wording
and accompanying designs or symbols, together with any background
of a different color than the predominant color of the building.
PERSON
Includes any person, firm, partnership, association, corporation,
company or organization, singular or plural, of any kind.
POLE SIGN
Any sign erected on a pole or poles that is wholly or partially
independent of any building and support. The area of the pole itself
is not counted in computation of the size of such sign.
PRIMARY RECHARGE AREA
That area immediately overlying the stratified-drift aquifer
and adjacent areas of stratified drift that may not have sufficient
thickness to be part of the aquifer. The boundary of the primary recharge
area is the contact between stratified drift and adjacent till or
bedrock.
PRIVATE SCHOOL
Any building or group of buildings used solely for primary,
secondary or higher education, which meets the state's requirements
for primary, secondary or higher education and which is not operated
or funded by the Town, state, or federal government. This may include
a campus-style setting with a variety of buildings, including but
not limited to residential dormitories, administrative buildings,
athletic fields, gymnasiums, cafeterias, classrooms, as well as staff
housing in the form of single-family, duplex or multifamily dwellings.
REAL ESTATE SIGN
Any sign which is used to offer for sale, lease or rent the
property upon which it is located.
RECREATION VEHICLE
A vehicle which is:
A.
Built on a single chassis;
B.
Four hundred square feet or less when measured at the largest
horizontal projections;
C.
Designed to be self-propelled or permanently towable by a light-duty
truck; and
D.
designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
REFUSE
Waste, junk, garbage, debris, rubbish or trash, but does
not include sewage collected or disposed of in lawful facilities.
ROOFLINE
The juncture of the roof and the perimeter wall of the structure.
SECONDARY RECHARGE AREA
The land adjacent to the primary recharge area from which
groundwater moves down gradient into the aquifer.
SEDIMENT
Solid material, either mineral or organic, that is in suspension,
is transported, or has been moved from its site of origin by erosion.
SELF-STORAGE FACILITY
A single-story facility containing rental units for cold
storage of household goods; recreational equipment; business, commercial
or industrial inventory; fixtures; and other similar personal property.
No service or repair shall be permitted in the storage units or on
the property. Individual units shall not be serviced by water or electrical
service.
SIGN
Any external surface, fabric or device which bears lettered,
pictorial or sculptured matter, including forms shaped to resemble
any human, animal, product or geometric shape, designed to attract
attention or convey information visually and which is exposed to public
view. For the purpose of these regulations, the term "sign" shall
include all structural members and shall include vending machines,
the exterior surfaces of which are so designed as to convey information
as to the contents offered therefrom. Signs can be either fixed or
mobile.
SIGN FACE
A surface defined by one continuous perimeter of the geometric
shape having the smallest area which encompasses all lettering, wording,
design or symbols, together with any background different from the
balance of the wall on which it is located, if such background is
designed as an integral part of and obviously related to the sign.
Such perimeter, however, shall not include any structural elements
lying outside the limits of such a sign and not forming an integral
part of the display.
SOIL
Any unconsolidated mineral or organic material of any origin.
SPECIAL EXCEPTION or SPECIAL PERMIT
A use which is allowable only when facts and conditions specified
in the regulations as those upon which the use is permitted are found
to exists.
SPECIAL FLOOD HAZARD AREA
An area shown as an overlay on the Zoning Map of the Town
of Haddam which contains the land in the floodplain within the Town
subject to a one-percent or greater chance of flooding in any given
year. The special flood hazard area includes all Flood Insurance Zones
A and A1-A30 as designated on the Flood Insurance Rate Maps.
START OF CONSTRUCTION
Includes substantial improvements, and means the date the
building permit was issued, provided the actual start of construction,
repair, reconstruction, or improvement was within 180 days of the
permit date. The "actual start" means the first placement of permanent
construction of a structure (including a manufactured home) on a site,
such as the pouring of slabs or footings, installation of piles, construction
of columns, or any work beyond the stage of excavation or placement
of a manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading and filling;
nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers or foundations
or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For
a substantial improvement, the "actual start of construction" means
the first alteration of any wall, ceiling, floor or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
STREET BANNER SIGN
Any banner sign which is stretched across and hung over a
public right-of-way.
STRUCTURE
A walled and roofed building that is principally above ground,
a manufactured home, a gas or liquid storage tank, or other man-made
facilities or infrastructure; anything constructed or which is located
on, above or beneath the ground, except driveways, sidewalks, parking
areas, curbing and fences which are less than six feet high, including
anything located on, above or beneath the water which is not primarily
utilized or intended for navigation.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
SUBSTANTIAL IMPROVEMENT
Any combination of repairs, reconstruction, alteration, or
improvements to a structure, the cost of which equals or exceeds 50%
of the market value of the structure, as determined by the cost approach
to value, the quantity survey method, the segregated cost method or
the square foot method 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.
TAG SALE
The temporary use of land and the buildings thereon for the
purpose of public sale of personal household goods by the owner thereof
in conjunction with the cleaning-out or vacating of residential premises.
In no way does it encompass the sale of any goods brought to the premises
for the purpose of public sale, except wherein more than one family
enters into such a sale at one location. The term "tag sale" shall
include "garage sale," "yard sale," "barn sale," and any similar activity.
TRAFFIC SIGN
Any sign denoting entrances, exits or parking for the premises
upon which the sign is located.
TRAILER
As used in Article
XX of these regulations, includes mobile
homes used as dwellings and any vehicle which is used, or suitable
for use, as living quarters, and which is or may be mounted on wheels,
and which is or may be propelled either by its own power or by another
power-driven vehicle to which it may be attached.
VARIANCE
A grant of relief by a community from the terms of the floodplain
management regulations that allows construction in a manner otherwise
prohibited and where specific enforcement would result in unnecessary
hardship.
VIOLATION
As used in Article
XIV of these regulations, the failure
of a structure or other development to be fully compliant with the
community's floodplain management regulations. A structure or other
development without the elevation certificate, other certifications,
or other evidence of compliance required by these regulations is presumed
to be in violation until such time as that documentation is provided.
WATER COMPANY
Any individual, partnership, association, corporation, municipality
or other entity, or the lessee thereof, who or which owns, maintains,
operates, manages, controls or employs any pond, lake, reservoir,
well, stream or distributing plant or system for the purpose of supplying
water to two or more consumers or to 25 or more persons on a regular
basis, provided that if any individual, partnership, association,
corporation, municipality or other entity or lessee owns or controls
8% of the equity value of more than one such system or company, the
number of consumers or persons supplied by all such systems so controlled
shall be considered as owned by one company for the purpose of this
definition.
WATERCOURSE
Any river, stream, brook, waterway, lake, pond, marsh, swamp,
bog and all other bodies of water, natural or artificial, public or
private.
YARD, FRONT
An open, unoccupied space, extending across the full width
of the lot between the front wall of a building and the front lot
line.
YARD, REAR
An open, unoccupied space, extending across the full width
of the lot between the rearmost wall of a building and the rear lot
line.
YARD, SIDE
An open, unoccupied space between a building and the side
lot line, extending from the front yard, or front lot line, to the
rear line. A corner lot shall be considered to have two front yards
and two side yards, except when a new road is proposed and the existing
front lot would now become a corner lot, in which case the lot would
be required to have only one front yard.