As used in these regulations, the following terms have the following
meanings:
ACCESSORY APARTMENT
A separate dwelling unit that A) is located on the same lot
as a principal dwelling unit of greater square footage, B) has kitchen
facilities, and C) complies with or is otherwise exempt from any applicable
building code, fire code and health and safety regulations.
ACCESSORY USE
A use incidental and subordinate to the principal use but does not include any use specifically prohibited by Section
595-1.06.00 of these regulations.
ADULT DAY-CARE CENTER
A facility which provides a program of supplementary care
for adults outside their homes on a regular basis for part of the
24 hours in a day for one or more days in the week.
[Added 4-17-2000]
ALCOHOLIC BEVERAGE
Any beverage the sale or dispensing of which requires a permit
from the State of Connecticut.
[Amended 9-12-2005]
AMUSEMENT PARK
A commercially operated venue offering various games, activities
and/or motorized rides for entertainment, and may include booths for
the sale of food and drink.
ANTENNA
A device used to receive or transmit electromagnetic waves.
Examples include, but are not limited to whip, panel, and dish antennas.
[Added 11-29-1999]
AQUIFER
A geologic formation, group of formations or a part of a
formation that contains sufficient saturated, permeable materials
to yield significant quantities of water to wells and springs.
[Added 6-21-1999]
ASSISTED LIVING FACILITY FOR ELDERLY
An elderly housing facility as defined in Section 19a-490(1)
of the General Statutes that, in addition to housing, provides a variety
of basic services such as nursing services and assistance with activities
of daily living to a stable resident population.
BED AND BREAKFAST
An owner-occupied private home in which up to four bedrooms
are used to provide overnight accommodations, which may include breakfast,
for transient guests for compensation.
[Added 10-2-1995]
BREW PUB
An establishment for the manufacture, containerization and
storage of beer producing at least 5,000 gallons but not more than
500,000 gallons annually, which may include the on-site sale and consumption
of said manufactured beer and may include the on-site sale and consumption
of other alcoholic liquor and/or food, as well as the wholesale and/or
limited retail sale of said manufactured beer for off-site consumption,
all in compliance with a State of Connecticut duly issued "manufacturer
permit for beer and brew pub" pursuant to Connecticut General Statutes
545 § 30-16(f), as amended. Brew pubs are allowed
up to three mobile food establishments per day, as approved by the
brew pub owner. Designated parking locations for such establishments
will be approved by the Zoning Officer.
[Added effective 10-12-2017; amended effective 8-12-2023
BUFFER
See "natural buffer" and "planted buffer."
BUILDING
Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of persons, animals
or personal property.
BUILDING BULK
The gross cubic feet above average ground level of all buildings,
structures, and includes personal property stored outdoors on the
lot.
CAFE
A space in a suitable and permanent building, kept, used,
maintained, advertised, and held out to the public to be a place where
alcoholic liquor and food is served for sale at retail for consumption
on the premises but which does not necessarily serve hot meals. The
cafe must have a cafe permit from the State of Connecticut.
[Added 9-12-2005]
CANNABIS ESTABLISHMENT
Cannabis as defined in the Connecticut General Statute § 21a-240
means a producer, dispensary facility, cultivator, micro-cultivator,
retailer, hybrid retailer, food and beverage manufacturer, product
packager, delivery service or transporter.
CEMETERY
Property used for the interment of deceased persons below
and/or above ground to include: mausoleums, columbariums, ground level
markers and above grade headstones
[Added effective 5-8-2021]
CERTIFICATION
A signed, written approval by the Newtown Planning and Zoning
Commission that a soil erosion and sediment control plan complies
with the applicable requirements of these regulations.
CHILD DAY-CARE CENTER
A facility which offers or provides a program of supplementary
care for more than 12 related or unrelated children outside their
own homes on a regular basis for part of the 24 hours in one or more
days in the week as licensed and regulated by the State of Connecticut.
[Effective 2-2-1995]
CLUB
A group of persons organized solely for a recreational, social,
patriotic, political, benevolent or athletic purpose or purposes,
including, without limitation, country clubs and fraternal organizations,
but not including such a group of persons if the facilities operated
by them are open to the general public, whether or not upon payment
of a fee.
CO-LOCATION
Locating commercial wireless communication facilities of
more than one provider on a single site.
[Added 11-29-1999]
COMMISSION
The Planning and Zoning Commission of the Town of Newtown.
COMMON INTEREST COMMUNITY
A development designed by a single developer specifically
for a certain type of community created and governed by a specific
set of legal documents, such as any declaration required by state
law, bylaws or operating rules of the association, or articles of
incorporation or association. The community's affairs are governed
by an association of all unit owners through its elected board, which
has the authority to enforce various restrictions and collect assessments
to pay for maintenance and improvements.
COMMUNITY RESIDENCE
A dwelling which houses six or fewer persons, and necessary
staff, who have disabilities, who receive mental health or addiction
services, or who receive licensed hospice care, as defined under Section
8-3e of the Connecticut General Statues as amended.
[Amended effective 10-10-2020]
CONDOMINIUM/APARTMENT UNITS FOR ELDERLY FAMILY[Added
effective 12-13-2010]
A building or group of buildings composed of dwelling units
wherein each dwelling unit provides all primary living areas, including,
but not limited to, a full kitchen, master bedroom, bathroom, living/family
room, storage, laundry room. Condominium/apartment units share common
hallways and outside entrances.
Where the condominium/apartment unit for elderly families is
designed with a second-floor bedroom, but no elevator is installed,
the stairs to the second floor shall be designed to allow future installation
of a stair glide, and electrical service sufficient to operate the
stair glide shall be installed to the stair at the time of construction.
|
CONGREGATE HOUSING FOR ELDERLY FAMILY
A building or group of buildings containing individual residential
units that provide sleeping quarters for one elderly family, but contain
no laundry facility and no more than an efficiency kitchen. One or
more daily meals are to be provided for the residents in a community
dining room and support services may be available on site.
CONSERVATION DISTRICT
The Northwest Conservation District established under Subsection
(a)(1) of Section 22a-315-11 of the General Statutes.
[Amended effective 1-1-2007]
CONVENTIONAL SUBDIVISION
A pattern of subdivision development that permits the division
of land in the standard form provided by the Town for the District
in which the land is located.
[Added effective 8-30-2004]
DAY CARE HOME, FAMILY
A private family home in which a permanent occupant of the
dwelling, licensed by the State of Connecticut, provides for the care
of six or fewer children, including the provider's own children
not in school full time, for a portion of a twenty-four-hour day not
less than three hours nor more than 12 hours.
DAY CARE HOME, GROUP
A facility which offers or provides a program of supplementary
care to not less than seven nor 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.
DEVELOPMENT
Any construction or grading activities to improved or unimproved
real estate.
DISTILLERY
A facility where alcoholic liquor is manufactured, stored,
bottled and sold in sealed containers at wholesale, producing less
than 25,000 gallons of alcoholic liquor in a calendar year per C.G.S.
545 § 30-16(a). A distillery may include on-site
retail sales for consumption off premises or offered for on the premises
consumption. A distillery or liquor manufacturer must first obtain
a federal basic permit from the Alcohol and Tobacco Tax and Trade
Bureau (TTB) and then a manufacturer permit from the Department of
Consumer Protection in order to distill or manufacture and sell their
product in this state. Distilleries are allowed up to three mobile
food establishments per day as approved by the distillery owner. Designated
parking locations for such establishments will be approved by the
Zoning Officer.
[Added effective 10-12-2017; amended effective 8-12-2023]
DISTRIBUTION CENTER
A building or buildings used for the delivery, mixing, manipulation,
sorting, packaging, short-term storage and distribution of goods and
products prior to being sold or used. Storage of explosives or bulk
storage of flammable liquids or gasses is prohibited unless incidental
to the use of the property and are otherwise permitted.
[Added effective 5-13-2023]
DISTURBED AREA
An area where the ground cover is destroyed or removed, leaving
the land subject to accelerated erosion.
DRAINAGE BASIN
A pond-like structure designed for purposes of controlling
stormwater runoff. Drainage basins may be a traditional dry detention
pond, a dry flood control basin, a retention pond or a pond that may
maintain either a permanent pool of water or a combination of a permanent
pool and extended detention.
DWELLING
A building capable of providing living quarters, including
complete kitchen and bathroom facilities.
DWELLING UNIT
An area within a building capable of providing separate living
quarters, including complete kitchen and bathroom facilities.
DWELLING UNIT FOR ELDERLY FAMILY
A building or group of buildings composed of dwelling units
wherein each dwelling unit provides all primary living areas, including,
but not limited to, a full kitchen, master bedroom, bathroom, living/family
room, storage, laundry room and parking on the same level as the main
entrance except that areas for additional storage may be set aside
on a level other than the dwelling unit level. Each dwelling unit
shall have a separate outside entrance.
[Amended effective 12-13-2010]
A.
Where the dwelling unit for elderly families is designed with
a second-floor bedroom, but no elevator is installed, the stair to
the second floor shall be designed to allow future installation of
a stair glide, and electrical service sufficient to operate the stair
glide shall be installed to the stair at the time of construction.
[Amended effective 12-13-2010]
B.
If an individual dwelling unit has a lower level basement with
direct access to the outside, then in addition to storage, it may
be finished for personal recreational uses, including a hobby workshop,
TV room or den. Windows and suitable heat/lighting as well as a washroom
containing a toilet and washbasin are also permissible in individual
basement areas.
C.
Parking may be set aside on a level other than the dwelling
unit level so long as an elevator is conveniently available from such
parking level to the dwelling unit level. Whenever an elevator is
present for such housing, a generator shall be installed to cause
the elevator to function in the event of a power outage.
EFFICIENCY KITCHEN
A combined food preparation, kitchen appliance, and food/utensils
storage area no larger than 72 square feet.
ELDERLY FAMILY
A household in which all persons composing the household
are 55 years of age or more, except that such household may also include
i) direct descendants not minors; ii) single persons employed as domestic
help; and iii) in the case of married couples, only one of the spouses
need be 55 years of age or older when there are no minor children.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
EXCAVATION
The severance from the earth's surface or removal from
the ground or any wetland or watercourse of soil, loam, sand, gravel,
clay, rock, topsoil or any other earth material.
[Added 4-11-1997]
FAMILY
One or more persons related by blood, marriage or adoption
living together as a single housekeeping unit, including foster children
and/or domestic help, but not including paying guests, boarders or
roomers. A group of not more than four unrelated persons keeping house
together shall be considered a family.
FARMER'S MARKET
A.
A seasonal outdoor event where items are offered for sale to
the general public such goods as fruits, vegetables, herbs, plants,
flowers, eggs, honey, maple syrup, dairy products, jams, jellies and
baked foods and seasonal items, including Christmas trees, cemetery
baskets, etc.
[Added 4-28-2003]
B.
Mobile food establishments are allowed with the following conditions
enforced by the market master:
[Added effective 8-12-2023]
(1)
That a maximum of three mobile food establishments be allowed
at each event.
(2)
That the mobile food establishments vendors register at least
two weeks prior to the first farmers market.
(3)
If there are more than three mobile food establishments applications,
the selection of the applicants is at the discretion of the market
master.
FESTIVAL
An event sponsored by a Town nonprofit organization for fundraising
and/or a group of for-profit Town businesses to promote sales. Areas
of activity include vendors in off-street areas and business storefronts,
signage as allowed in the special event regulation in Section 595-8.01.619
and, in addition, a banner across Church Hill Road is allowed with
permission of relevant property owners and State of Connecticut DOT
and the Zoning Enforcement Officer (ZEO).
[Added effective 4-16-2012]
FINANCIAL INSTITUTION
A business which provides financial services to its clients
such as a bank, stock broker, credit union, insurance agent, and asset
management firm. Drive-through windows for such businesses may be
permitted.
FINDING OF NO SIGNIFICANT IMPACT
A written document concerning the environmental impacts of
a proposed use or activity in the Aquifer Protection District which
would not have a significant adverse impact on the aquifer.
[Added 6-21-1999]
FRONTAGE
See "lot frontage."
[Added 6-21-1999]
GAS STATION or FILLING STATION
Any lot, building or part thereof, used for the sale or dispensing
of liquid fuel for motor vehicle or personal use, which may include
facilities for lubrication, washing, or otherwise servicing vehicles,
but not including painting of vehicles.
GOLF COURSE
A tract of land laid out with at least nine holes with a
minimum length of 1,000 yards for playing a game of golf and improved
with tees, greens, fairways, and golf hazards.
GOLF RANGE
A limited area on which golf players do not walk, but onto
which they drive golf balls from a central driving tee.
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.
GREENHOUSE
A structure with roof and sides made principally of glass,
plastic or other transparent or translucent material containing a
heating system, which is used or intended to be used for the cultivation
of nonhardy or out-of-season plants.
GROSS FLOOR AREA
The sum of the gross horizontal area of the several floors
of the building, measured from the exterior faces of exterior walls.
Gross floor area shall include the area of basements when used for
residential, commercial or industrial purposes, but need not include
a cellar or portion of a basement used for incidental storage or housing
of mechanical or central heating equipment.
GROUND LEVEL POINT
The lowest point on the line between a point at the ground
level of the building perimeter and the point six feet away from said
building perimeter.
[Added 4-21-1990]
GROUNDWATER
Water below the land surface, in the subsurface area beneath
the water table in which all spaces are filled or saturated with water.
[Added 6-21-1999]
GUEST HOUSE
An accessory building without kitchen facilities used solely
for the accommodation of guests of the family occupying the principal
dwelling on the lot and for which no rental or other charge is made
or received, either directly or indirectly, in cash, kind or services.
The maximum area of a guest house shall not exceed 15% of the floor
area of the principal dwelling.
[Added 6-21-1999]
HAZARDOUS MATERIAL
Any hazardous substance as defined in 40 CFR 302.4 and listed
therein at Table 302.4, or any hazardous waste as defined in Section
22a-115 of the Connecticut General Statutes. (CFR means Code of Federal
Regulations.)
[Added 6-21-1999]
HEIGHT, BUILDING
The vertical distance from the average finished ground level
to the top of the highest roof beam of a flat roof or to the mean
level of the highest gable or slope of a hip roof. When a building
faces on more than one street, the height shall be measured from the
average finished ground level on each street front.
[Added 6-21-1999]
HOME OCCUPATION
An activity conducted for gain where the public may be invited
to visit in the conduct of this activity that involves a professional
or business office or a customary home enterprise. The home occupation
shall be conducted entirely within a dwelling unit or a building accessory
thereto and carried on by the residents thereof, which use is clearly
incidental and secondary to the use of the premises for dwelling purposes
and where it does not change the character thereof. Customary home
occupations include uses such as tailoring, instruction, woodworking,
preserving and the like. Uses such as, but not limited to, the operation
of a dancing studio, tourist home, kennel, or animal hospital shall
not be deemed a home occupation.
HOSPITAL
A place for the diagnosis, treatment or care of human ailments,
including, without limitation, a sanitarium, rest home, home for the
aged, nursing home and convalescent home, but not including correctional
institutions or places to which persons may be involuntarily committed.
[Added 6-21-1999]
HOTEL AND MOTEL
A building or buildings in which rooms, each with private
bath facilities, provide temporary lodgings to transients for compensation
and which may provide rooms for public assembly or rooms for the serving
of food and alcoholic beverages for guests and/or the general public.
[Added 6-21-1999]
ILLUMINATED SIGN
See "sign, externally illuminated" and "sign, internally
illuminated."
IMPROVED LOT
A lot is developed after the date a building permit is issued
and completion of the foundation.
INDUSTRIAL PARK
A planned, coordinated development of a tract of land with
two or more separate industrial buildings. Such development is planned,
designed, constructed and managed on an integrated and coordinated
basis with special attention given to on-site vehicular circulation,
parking, utility needs, building design, orientation and open space.
INN
A building or buildings in which rooms provide temporary
lodgings to more than five but less than 16 transient guests for compensation,
and which may provide rooms for the serving of food and alcoholic
beverages for guests and/or the general public.
[Added 10-2-1995]
INSPECTION
The periodic on-site review of sediment and erosion control
measures shown on the certified plan.
INVASIVE PLANTS
Nonnative plants recorded on the CT Invasive Plant List as
amended.
JUNK YARD
An area in excess of 200 square feet not completely enclosed
in a permitted building which is used for the accumulation, storage,
or disposal of waste, abandoned materials or used materials of any
kind not being stored for immediate use on the lot.
KENNEL
The keeping or raising of dogs for a profit or the keeping
of more than 10 dogs over the age of six months without regard to
profit.
KITCHEN FACILITIES
Any room or part of a room used, intended or designed to
be used for cooking or the preparation of food. The presence of a
range or oven, or utility connections suitable for servicing a range
or oven, shall normally be considered as meeting the definition of
a kitchen.
LOT
A parcel of land, of any size or shape, occupied by one principal building or devoted to one principal use and containing the permitted accessory buildings and uses customarily incidental to such principal building or use, and including such open spaces as are required under the provisions of these regulations. Where land is undeveloped, "lot" shall mean all contiguous land owned by the same owner or owners; except for subdivision lots owned by a person not required to obtain re-approval of the subdivision pursuant to §
560-35 (added October, 1967) of this Code. The mere recording or filing of a map in the Town Clerk's Office shall not constitute the creation of a lot.
LOT COVERAGE
The entire area of a lot covered by buildings, storage, loading,
impervious surfaces, driveways, sidewalks and parking areas.
[Added effective 8-30-2004]
LOT FRONTAGE
The distance between the sidelines of a lot measured along
the street line or, in the case of a corner lot, measured between
the sideline on one side and the street line on the other. For purposes
of this definition, the street line of a temporary turnaround shall
be the street line which would exist if the street were extended and
the temporary portion of the turnaround eliminated.
LOT LINE
Any property line bounding a lot.
LOT, CORNER
A lot bounded on two or more sides by intersecting streets,
the street lines of which intersect with each other at less than 150°.
MANUFACTURED HOME
A factory-built, single-family structure that is manufactured
under the authority of 42 U.S.C. § 5401, the National Manufactured
Home Construction and Safety Standards Act, is transportable in one
or more sections, is built on a permanent chassis, and is used as
a place of human habitation; but which is not constructed with a permanent
hitch or other device allowing transport of the unit other than for
the purpose of delivery to a permanent site, and which does not have
wheels or axles permanently attached to its body or frame.
MAXIMUM MONTHLY HOUSING COST
The costs that are to be included when calculating maximum
allowed rents and sale prices for the affordable dwelling units.
MEDIAN INCOME
After adjustments for family size, the lesser of the state
median income or the area median income of the Town of Newtown, as
determined by the United States Department of Housing and Urban Development
(HUD).
[Added 12-18-2000]
MEDICAL OFFICE
A building, or part thereof, where medical doctors, dentists,
chiropractors, osteopaths and physiotherapists or occupational therapists
provide diagnosis and treatment to patients, but which does not provide
overnight accommodation, and may include such uses as reception areas,
offices, consultation, treatment, x-ray and minor operating rooms,
provided that all such uses have access only from the interior of
the building.
MINIMUM SQUARE
A square each side of which is the length prescribed for the zone in which the lot is situated and which is capable of being drawn entirely within the lot's boundaries and behind the minimum front setback line of a lot in said zone. See Article
VII, Section
595-7.02.110. No more than 20% of the minimum square shall be classified as inland wetlands as determined by field survey. Nothing herein shall apply to an application for subdivision approval which has been filed with the Planning and Zoning Commission on or before September 30, 1987, provided that such subdivision application is subsequently approved by the Planning and Zoning Commission; or, in the case of a lot which does not require subdivision approval, if a building permit is obtained on or before September 30, 1987.
[Added 8-10-1987]
MOBILE FOOD ESTABLISHMENT
A Newtown Health District approved motor vehicle, trailer
or mobile food kitchen that is designed to be readily moveable, is
self-contained, serves without fixed location and from which food
and/or nonalcoholic beverages are prepared, sold or served. The term
includes, but is not limited to, a commercially manufactured vehicle.
[Added 8-12-2023]
MOBILE HOME
A transportable structure suitable for year-round single-family
occupancy and having water, electrical, and sewage connections similar
to those of conventional dwellings.
MOBILE HOME PARK
Privately owned land upon which two or more mobile homes
are intended to be parked and occupied as residences.
MOTEL
See "hotel and motel."
NATIVE CULTIVARS
Plants either cross-bred to create certain traits or are
clonally produced copies of one particular native plant.
NATIVE PLANT
A plant (terrestrial or aquatic) that lives or grows naturally
in the Northeast region of North America without direct or indirect
human intervention.
NATURAL BUFFER
A space between the buildings, parking areas and uses on
a lot and the lot line in which numerous trees exist, which is cleared
of all rubbish and waste material, and which is sufficiently dense
so as to obstruct the direct observation of the buildings, parking
areas or uses on the lot by a person standing on the adjacent lot
not closer than 25 feet from the lot line.
NEIGHBORHOOD SHOPPING CENTERS
Retail complexes designed and maintained to provide convenience
goods and services for neighborhood residential areas and to serve
the immediate needs of neighboring residential areas. The commercial
uses contained therein shall be those which provide for the daily
needs of neighboring residents and which do not depend on market areas
substantially larger than the neighborhood meant to be served.
NURSERY
Land devoted to raising trees, shrubs and other plants capable
of living outdoors at maturity in the climate of Newtown, Connecticut,
whether or not said trees, shrubs and other outdoor plants are rooted
in the ground or in containers, and may include the incidental use
of greenhouses and temporary structures for propagation, growing and
protection of said trees, shrubs and other outdoor plants.
OFFICE
A place within a building in which clerical, professional,
administrative and nonpersonal services are carried out. It shall
not be applicable to store, shop, bank, residential, restaurant or
personal service uses.
[Added 10-2-1995]
OPEN SPACE
Land or water areas which include, but are not limited to: areas left in their existing natural state; agricultural land for which development rights have been assigned or otherwise alienated in perpetuity; areas and facilities for noncommercial, nonprofit passive and active recreation, areas for wildlife habitat, groundwater recharge, scenic preservation, and other lands accomplishing the purposes set forth in Section
595-8.15.100 of these regulations.
[Added effective 8-30-2004]
OPEN SPACE CONSERVATION SUBDIVISION (OSCS)
A pattern of subdivision development that permits the division
of land in a manner that results in a reduction in lot area and yard
requirements, with the remaining land devoted to open space.
[Added effective 8-30-2004]
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, for heating spaces other than where such structure
or appliance is located, any other structure or appliance 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.
[Added effective 2-14-2011]
PACKAGE STORE
A retail shop that sells alcoholic beverages for consumption
off the shop premises for which a package store permit from the State
of Connecticut has been issued.
[Added 9-12-2005]
PARAPET WALL
That portion of a wall which extends above the roof line.
PARKING AREA
An authorized off-street area not within a building where
motor vehicles are stored for the purpose of temporary, daily or overnight
off-street parking.
PARKING SPACE
Any area used or designated for the parking of a motor vehicle.
PASSIVE RECREATION
Recreational activities that generally do not require a developed
site. This generally includes such activities as hiking, horseback
riding and picnicking.
PEDESTRIAN WALKWAY
Any method of access to and or through a site, including,
but not limited to, landscaped walks, esplanades and boardwalks, which
is designed to encourage active public use of a site.
PERSONAL COMMUNICATION SERVICES
Wireless communication voice and data services. These services
may include, but are not limited to, portable phones, pagers and fax
transmission.
[Added 11-29-1999]
PERSONAL SERVICE ESTABLISHMENT
An establishment engaged in providing a service involving
the care of a person, his or her apparel or his or her pet, including
a barber shop, beauty parlor, day spa, nail salon, health club, fitness
center, gymnastics, shoe repair, tailoring or dressmaking, photographic
studio, apparel rental services, counseling and pet grooming, provided
that pets are not kept overnight.
[Added 4-17-2000]
PERSONAL WIRELESS SERVICES
Commercial mobile telecom/internet services, unlicensed wireless
services, and common carrier wireless exchange access services.
[Added 11-29-1999]
PHARMACY
A business which provides dispensing of medical prescriptions,
associated services and retail sales.
[Added effective 7-13-2009]
PLACE OF RELIGIOUS WORSHIP
A building or structure owned, operated, maintained and/or
used by a duly organized religious organization in which people regularly
congregate primarily to participate in or hold religious services,
worship, religious training or education, or meetings or other activities
related to religious expression.
PLANTED BUFFER
A strip of land dividing buildings, parking lots and uses
on one lot from the boundary with an adjacent lot in which is planted
two or more parallel rows of evergreen trees or shrubs of not less
than 10 feet in height above ground with their lowest branches not
more than three feet above ground. Said rows shall be at least 10
and not more than 20 feet apart and substantially parallel with the
lot line, with the row closest to the lot line to be within 10 feet
but not closer than five feet to the lot line. Said trees shall be
spaced 12 feet apart in said rows, alternating so that each tree is
placed on a point in its row which is midway between the trees on
either side of it in the adjacent row.
PLOT PLAN
A plat of a lot, drawn to scale, showing the actual measurements,
the size and location of any existing structure or structures to be
erected, the location of the lot in relation to abutting streets,
and other such information.
POND
Any body of water of any size created by excavation or impounded
by the action of man and not existing as a natural condition in the
Town.
PRIMARY RECHARGE AREA
Land area immediately overlying the aquifer. The boundary
of the primary recharge area is the contact between the stratified
drift and adjacent till or bedrock.
[Added 3-13-1981]
PRINCIPAL USE
The main use to which a building or lot is devoted and the
primary purpose for which the premises exists.
PRINTING ESTABLISHMENT
A business engaged in the use of printing presses for mass
production of printed materials. As used in this section, printing
shall exclude photocopying, photo developing and photo printing.
PRIVATE SCHOOL
Any boarding, day or night school or college, except one
conducted by the Town or State, in which full time academic instruction
is offered for one or more grades.
PROFESSIONAL PERSON
A person who is engaged in a business such as medical, legal,
engineering, consulting, clerical, administrative, educational, financial,
real estate and similar professions.
PUBLIC GARAGE
A building, or a part thereof, used for the storage, care
or repair of motor vehicles for remuneration, including, without limitation,
the keeping of motor vehicles for hire but excluding car washes and
sales rooms for the sale of new automobiles, farm equipment, trucks
and motorcycles.
[Added 10-26-1992]
PUBLIC UTILITY
Any closely regulated agency which, under public franchise
or ownership, provides the public with electricity, gas, heat, steam,
communication, rail transportation, water, sewage collection or other
similar service.
PUBLISHING ESTABLISHMENT
A business that prepares and/or issues printed material for
distribution or sale.
[Added 10-2-1995]
RACE TRACK
A measured course where animals or machines are entered in
competition against one another or against time.
REAR LOT
A lot not fronting or abutting a public roadway and where
access to the public roadway is limited to a narrow driveway or strip
of land in the same ownership.
RECREATIONAL VEHICLE
A portable, primarily temporary living accommodation towed
on wheels, transported on a truck or having its own propulsion, which
may or may not contain running water, bath facilities, a flush toilet,
appropriate sanitary connections or cooking facilities.
RECYCLING CENTER
A facility designed to be a collection point where only recyclable
materials are sorted and/or temporarily stored prior to delivery to
a permanent disposal site, or shipment to others for reuse and/or
processing into new products. This shall not include junk yards or
wrecking yards.
RESTAURANT
Space in a suitable and permanent building, kept, used, maintained,
advertised and held out to the public to be a place where hot meals
are regularly served for consumption by patrons within the building.
An outside patio attached to the building may provide an accessory
dining area. Alcoholic beverages may be served as an accompaniment
to those meals provided that a restaurant permit for such service
is obtained from the State of Connecticut. Drive-through take-out
windows are not permitted, except as allowed under the Exit 10 Commercial
Design District.
[Amended 11-5-2015]
ROOMER or BOARDER
A person who resides in a dwelling who is not a member of
the family unit that is the primary occupant of the dwelling and who
pays for or performs services in exchange for such occupancy. This
does not include a person who has separate cooking facilities made
available to him or her.
SECONDARY RECHARGE AREA
Area adjacent to the primary recharge area for which rainfall
that infiltrates the ground must move laterally to enter the aquifer.
[Added 3-13-1981]
SEDIMENT
Solid material, either mineral or organic, that is in suspension,
is transported, or has moved from its site of origin by erosion.
SELF-SERVICE STORAGE FACILITY
One or more buildings for the purpose of renting or leasing
individual storage spaces to tenants who are to have access to said
space for the purpose of storing and removing personal property stored
therein. Such renting or leasing shall not include renting or leasing
of space for outside storage. Outside storage is prohibited.
[Added 7-1-1990]
SETBACK
The horizontal distance from any street line or lot line
to any building, structure or use, measured in a straight line from
and perpendicular to such street or lot line.
SHOPPING CENTER
One or more buildings integrated architecturally on a lot
of 10 or more acres, devoted to various business enterprises, which
use the parking and other facilities in common.
SIDE LOT LINE
Any lot line which is not a rear lot line or a street line.
SIGN
Any letters, figures, design, symbol, trademark, illuminating
device or any device involving the visual sense, whether ordinarily
defined as a sign or not, intended to attract attention to any place,
subject, person, firm, corporation, public performance, article, machine
or merchandise whatsoever and painted, printed or constructed and
displayed in any manner visible from the outside.
SIGN, DIRECTIONAL
A sign intended for motorists or pedestrians that identifies
a public location or destination.
SIGN, DIRECTORY
A sign containing the name and address of a multiple-tenant
complex or an industrial subdivision, which may or may not include
the names of various tenants within the complex or subdivision.
SIGN, DOUBLE-FACING
A sign with two sides (faces) that are back to back and which
are the same size and content.
SIGN, INTERNALLY ILLUMINATED
A sign which is illuminated to any degree from sources of
illumination contained within the sign itself and may include, without
limitation, distinctively shaped lights even though no writing or
other designs appear thereon.
SIGN, NATURAL
A sign consisting of planted, rooted, living plants and the
spaces between them.
SIGN, PLAQUE
A sign for no trespassing, hunting, trapping or fishing,
an identification marker such as historic designation, or a marker
containing words that identify public-owned land or access.
SIGN, TRAFFIC
A sign for traffic control (one-way, do not enter, stop,
yield, pedestrian crossing, etc.) or parking.
SIGN, WALL
A sign attached to and/or supported by a structure such as
a building wall.
SIGN, YARD
A sign supported by an independent wall that is not part
of a building and which is located within the front yard of an industrial
building.
SOIL
Any unconsolidated mineral or organic material of any origin.
STATE
The State of Connecticut.
STORAGE
Vehicles that are parked long term for future use are considered
to be in storage.
[Added effective 5-26-2008]
STORAGE CONTAINER
A self-contained unit of enclosure which has no self-propulsion,
typically used in transport of goods. May be constructed of metal
or other materials. The cubic size of said containers shall not exceed
1,440 cubic feet and shall not have exterior dimensions exceeding
20 feet by 8 feet by 9 feet.
[Added effective 4-13-2019]
STORY
Part of a building between a floor and the ceiling next above.
An attic shall be considered a half story, unless the roof plate is
more than five feet above the attic floor, or unless more than 60%
of the attic floor space is finished for habitable purposes, in which
it shall be considered a full story. A story which is not entirely
above the average ground level at the foundation shall be figured
as that fraction of a story, which its height above average ground
level bears to the total height of the story; provided, however, any
such space which is contained in a cellar that is no more than 1/2
above the finished lot grade averaged along the exterior walls of
the building shall not be considered a story.
STREET
Any public highway over which the public has the right to
pass and re-pass or is owned and maintained by either the Town or
the State.
STREET LINE
The line marking the boundary of the street right-of-way.
STREET, ARTERIAL
A street, whether presently existing or proposed on a subdivision
plan, which is officially classified as such by the Commission in
the Newtown Plan of Development.
STREET, LOCAL RESIDENTIAL
A street, whether presently existing or proposed on a subdivision
plan, which is officially classified as such by the Commission in
the Newtown Plan of Conservation and Development.
STREET, MAJOR COLLECTOR
A street, whether presently existing or proposed on a subdivision
plan, which is officially classified as such by the Commission in
the Newtown Plan of Conservation and Development.
STREET, MINOR COLLECTOR
A street, whether presently existing or proposed on a subdivision
plan, which is officially classified as such by the Commission in
the Newtown Plan of Conservation and Development.
STREET, PRIVATE
Any highway where the fee or right-of-way is not owned by
the Town or the State or the public does not have the right to pass
and re-pass.
STRUCTURE
Anything constructed whether or not the resulting structure
is raised above ground. It may be constructed of natural or artificial
material. Structures shall include, without limitation, swimming pools,
tennis courts and garages.
SUBDIVISION LOT
A lot in a subdivision or re-subdivision plan that has been
approved by the Commission or other body exercising the powers of
such commission and filed with the Town Clerk on or after February
8, 1956.
SUPPORT SERVICES
Services provided to residents of an adult congregate living
facility which may include, but are not limited to: food service;
personal assistance with bathing, dressing, ambulation, housekeeping
and eating; call-for-aid emergency system; restorative therapy; supervision
of self-administered medication; and assistance with securing health
care from appropriate sources.
[Added 7-23-1993]
TAG SALE
The temporary sale or offering for sale to the general public
of over five items of personal property on any portion of a lot in
a residential zoning district, whether within or outside any building.
TAVERN
A place where beer and wine are sold on the premises for
which a tavern permit from the State of Connecticut has been issued.
[Added 9-12-2005]
TOPSOIL
Earth materials, including loam, which are arable and which
constitute the surface layer of earth material.
TOWER
A structure intended to support equipment used to receive
or transmit electromagnetic waves. Examples of towers include self-supporting
lattice, guyed, and monopole.
[Added 11-29-1999]
TOWN
The Town of Newtown.
TRAILER
A detached vehicle or object with wheels, not self-propelled
but drawn by or used in connection with a motor vehicle which is or
can be used for hauling, storage, or temporary working quarters. Mobile
homes shall not be considered trailers.
TRANSFER STATION
An establishment for the temporary collection and distribution
of solid waste, including garbage, trash, rubble, construction debris,
and all other kinds of organic or inorganic refuse.
UNLICENSED WIRELESS SERVICES
The offering of telecommunications services using duly authorized
devices which do not require individual licenses, but does not mean
the provision of direct-to-home satellite services.
[Added 11-29-1999]
USE
The specific purpose for which a lot or a building is designed,
arranged, intended to be used, or for which it is or may be occupied
or maintained. The terms "permitted use" or "special use," or its
equivalent shall not be deemed to include a nonconforming use, as
defined herewith.
VACANT LOT
A lot is vacant until a building permit has been issued.
VETERINARY HOSPITAL
A medical facility for the diagnosis, treatment, care and
confinement of animals.
[Added 11-16-1998]
WAREHOUSE
A building or buildings used for the storage of goods and
products prior to being distributed, sold or used. Storage of explosives
or bulk storage of flammable liquids or gasses is prohibited unless
incidental to the use of the property and are otherwise permitted.
[Added effective 5-13-2023]
WATERCOURSE
See Section 22a-38(16) of the Connecticut General Statutes
as amended, and as defined in the Inland Wetlands and Watercourses
Regulations of the Town of Newtown.
WETLANDS
See Section 22a-38(15) of the Connecticut General Statutes
as amended, and as defined in the Inland Wetlands and Watercourses
Regulations of the Town of Newtown.
WHOLESALE BUSINESS
The sale of merchandise or other commodities solely to retailers,
dealers or tradesmen. Wholesale business does not include the sale
of merchandise or commodities directly to members of the general public
by the wholesaler.
WIRELESS TELECOMMUNICATION FACILITY
The equipment and structures involved in receiving or transmitting
electromagnetic waves associated with wireless telecommunication services.
[Added 11-29-1999]
WIRELESS TELECOMMUNICATION SERVICES
Services associated with the transmission and/or reception
of wireless telecommunications. These services may include, but are
not limited to, cellular, personal communication services, specialized
mobilized radio and paging.
[Added 11-29-1999]
YARD
An open space between a building and the adjoining lot lines,
unoccupied and unobstructed by any portion of a structure from the
ground upward, except as otherwise provided herein.
YARD, FRONT
Space across the width of the lot between the building or
structure nearest a street and the street line.
YARD, REAR
Space across the full width of the lot between the rear-most
building or structure and the rear lot line.
YARD, SIDE
Space extending from front yard to rear yard between the
side lot line in question and the nearest building or structure.
ZONE
The same meaning as the word "district" or "zoning district" as such terms are employed in Chapter
124 of the General Statutes of Connecticut, Revision of 1985, as amended.
ZONING ENFORCEMENT OFFICER (ZEO)
An individual duly appointed by the Town with the authority
and responsibility to enforce the provisions of the Zoning Regulations
of the Town of Newtown.