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. 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.)
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.)
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.
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.)
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.
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 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.)
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 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.)
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.
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.
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.
POULTRY
Domesticated gallinaceous birds such as chickens, turkeys,
pheasants, etc., and any of the various waterfowl such as ducks, geese,
etc.
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.)
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.)
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.
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.)
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.)
YARD, SIDE
An open space extending from the street line to the rear
lot line. (See Appendix B.)
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).