As used in this chapter, the following terms shall have the
meanings indicated:
1.1 "Town" shall mean the Town of Winchester.
1.2 "Driveway" shall mean access and associated parking for vehicles
from any road leading to, and upon, property adjacent thereto. This
definition shall include the driveway apron, which is the portion
of the driveway from the traveled roadway to the street line.
a. A "common driveway" is any driveway that serves two or more parcels.
1.3 "Person" shall include any person, firm, corporation, association
or partnership, limited-liability company, trust, or other legal entity.
1.4 "Road" shall mean public and private roads, streets, alleys, travel
ways, common driveways, or highways. This definition includes all
Town and state roads, all public and private roads, whether existing
or proposed, and roads both improved and unimproved, documented and
undocumented.
a. A road is considered "improved" if it has a durable paved surface
finished with hot-mix bituminous or cement binders or another equivalent
substance as determined by the Director of Public Works.
b. A "private road" is a road that has not been formally accepted by
the Town.
c. A "Town road" is a road that has been formally accepted by the Town,
has not been formally abandoned/discontinued by the Town, and appears
on the list of Town-maintained roads as updated from time to time.
New roads can be accepted onto this list only by the Board of Selectmen.
d. An "undocumented road" is a road which may appear on the list of
Town-maintained roads but may not have documentation of ever being
formally accepted by the Town.
1.5 "Property owner" shall mean a person or persons having legal title
to the real property. Such person shall sign the driveway permit application.
1.6 "Construction entrance" shall mean an accessway constructed of raw
materials according to the general conditions of these regulations
for the purpose of ingress and egress to the property for the duration
of construction.
1.7 "Temporary access" shall mean any entrance from a roadway to a property
for the purpose of logging, construction of any type, brush clearing,
well drilling, and/or septic replacements, etc. which will be removed
within six months.
1.8 "Driveway apron" shall mean that portion of a driveway from the road
edge to the street line or to a distance of six feet, whichever is
greater. The Director of Public Works may require a longer apron if
site conditions require.
1.9 "Plot plan" shall mean a drawing of the lot, drawn to scale, and
showing property lines, open spaces, structure and building areas
and the location of the lot with reference to all abutting properties
and streets. At its discretion, the Planning and Zoning Commission
may require any such plot plan to be prepared by a Connecticut licensed
surveyor, certified to the A-2 standard of accuracy.
1.10 "New driveway" shall mean a completely new construction which did
not exist with adequate/significant base aggregate and/or properly
paved surface.
1.11 "Reconstruction" shall mean activities which go above and beyond
routine maintenance, including, but not limited to: paving or repaving,
changing the footprint of an existing driveway, removing and replacing
pavement, or removal and replacement of aggregate base material.
1.12 "Routine maintenance" shall mean sweeping, shoveling, snow blowing,
snow plowing, crack sealing, chip sealing, and seal coating, pothole
patching, shimming tire ruts, as well as shoulder maintenance, the
application of new processed aggregate on existing gravel driveways,
maintenance of water bars, or removing rocks heaved to the surface.
1.13 "Site Plan" shall mean a drawing of the lot, drawn to scale, and
showing property lines, open spaces, structure and building areas
and the location of the lot with reference to all abutting properties
and streets, existing and proposed contours, drainage, and erosion
controls. At their discretion, the Planning and Zoning Commission
and/or the Director of Public Works may require any such site plan
to be prepared by a Connecticut licensed professional engineer.
1.14 "Street Line" shall mean the property line where a parcel meets the
road right-of-way line.
1.15 "Driveway Apron Permit" shall mean a permit for new construction
or reconstruction of just the portion of a driveway from the edge
of the road to the street line.
Within the Town of Winchester there exist driveways which existed
at the time that these regulations were adopted or amended, but which
would be prohibited, regulated, or restricted under current or future
provisions. Such driveways are declared nonconforming, and it is the
intent of these regulations to allow these nonconformities to continue
until they are discontinued/removed, but not to encourage their survival.
It is also the intention of these regulations to prohibit the enlargement,
expansion, or extension of these nonconformities if such a change
would increase the nonconformity.
8.1 Nonconforming driveways that existed on the date these regulations,
or amendments to these regulations, became effective may continue
except as provided below. These regulations shall not require change
in the plans, construction, or designated use of a driveway, provided
that:
a. Commencement of the construction of the driveway predates the effective
date of these regulations or amendments to these regulations.
b. All permits required for the permitting of said driveway, including
any approvals necessary from any board or commission as well as any
required zoning or building permits, were filed with the appropriate
bodies prior to the adoption of these regulations or amendments to
these regulations.
8.2 A nonconforming driveway that is destroyed or damaged by calamity
(fire, explosion, wind, flood, accident, act of God, act of the public
enemy, etc.) may be reconstructed and restored, provided that:
a. The area occupied by the nonconforming driveway must be no larger
than, and in the same location as, the driveway immediately prior
to the calamity. Size and location of the driveway before the calamity
shall be determined from the best available information on file in
the Public Works Department, Town Hall, and/or via a submitted survey
or plan showing the old driveway signed by a licensed surveyor, architect
or engineer, any other legitimate historical documents, or photos.
b. If opportunities exist to improve nonconforming, or hazardous, or
inappropriate features, they shall be made as part of the restoration.
c. A driveway permit is issued prior to reconstruction.
8.3 A nonconforming driveway may be expanded or altered, by permit, provided
that no new nonconformities are created, or existing nonconformities
expanded or increased. If a nonconforming driveway is modified to
become conforming or more conforming, the driveway may never be modified
to become nonconforming or less conforming.
The effect of these regulations may be determined and varied
as follows:
9.1 It shall be the duty of the Zoning Board of Appeals to determine
and vary the application of the Driveway Regulations in harmony with
its general purpose and intent and with due consideration for conserving
the public health, safety, convenience, welfare, and property values.
Such determination shall be made solely with respect to the parcel
of land where, owing to conditions especially affecting such parcel
but not affecting generally the district in which it is situated,
a literal enforcement of such Driveway Regulations would result in
exceptionally difficulty or unusual hardship so that substantial justice
will be done, and the public safety and welfare secured.
9.2 Following a properly noticed public hearing, the Zoning Board of
Appeals may grant a variance with a simple majority vote.
9.3 An application to vary these regulations or to determine the effect
of these regulations shall be made in writing at least two weeks prior
to a meeting of the Zoning Board of Appeals; this requirement may
be waived by the Zoning Board of Appeals for good cause. The application
must set forth the reasons for which a variance or a determination
is sought, including any hardship resulting from a literal enforcement
of these regulations. The application shall provide the location of
the property, the name of the owner, the name of the applicant and
any other information which may be helpful to the Zoning Board of
Appeals. The application fee shall accompany the application.