As used in this chapter, the following terms shall
have the meanings indicated:
CANNABIS ESTABLISHMENT
A producer, dispensary facility, cultivator, micro-cultivator,
retailer, hybrid retailer, food and beverage manufacturer, product
manufacturer, product packager, delivery service or transporter.
[Added 9-20-2022]
COMMISSION
The Town Plan and Zoning Commission of the Town of Orange,
Connecticut.
COMMUNITY TRAVEL CENTER
A retail establishment, with more than 5,000 square feet
but less than 9,000 square feet of gross floor area, providing the
sale of gasoline, convenience goods, and food and beverage prepared
on-site for "carry-out" or on-premise consumption. A community travel
center shall provide indoor and outdoor dining/seating areas and electric
vehicle charging stations, A community travel center may also include
a drive-through and other outdoor amenities.
[Added 6-7-2022]
COVERAGE BY BUILDINGS AND STRUCTURES
The aggregate ground coverage by buildings and other structures
is measured from the outermost edge of the building or structure,
projected to nadir but excluding any architectural projections that
may be permitted to extend into the area required for setback from
a street line, property line, or Residence District boundary line
and also excluding buildings and structures that are completely below
the finished grade of the lot.
DETACHED GARAGE
A structure detached and separated from, and having no common wall with, the primary dwelling. A garage is permitted only to service the primary dwelling. It must not exceed 675 square feet. A larger ground coverage is permitted subject to approval of a special use in accordance with the provisions of §
383-26I(3)(a) and Article
XIV. The garage must not exceed 15 feet in height. The garage must not be located within any easements on the property. The garage must be used by a resident of the property for the storage of vehicles, property maintenance equipment, and/or recreational equipment. The garage must contain functioning rolling door(s), or folding door(s), or swinging door(s) which can accommodate an automobile. The door(s) shall have a minimum dimension of seven feet in width. The exterior finish, roof, roof lines, and roof pitch of all structures exceeding 300 square feet shall match as closely as possible the exterior finish of the primary dwelling. With the exception of a bathroom, the garage must not contain any finished livable floor area.
[Added 10-4-2011]
DWELLING
A building containing one or more dwelling units.
DWELLING, MULTIPLE UNIT
A building used for occupancy by two or more families living
independently of each other and containing two or more dwelling units.
A detached residential building containing two or more dwelling units,
including what is commonly known as an apartment building, but not
including group, row, or townhouses.
DWELLING, SINGLE-FAMILY ATTACHED
One of two or more residential buildings having a common
or party wall separating dwelling units. A building containing dwelling
units, each of which has primary ground floor access to the outside
and which are attached to each other by party walls without openings.
The term is intended primarily for such dwelling types as townhouses
and duplexes.
DWELLING UNIT
A building or part of a building designed for occupancy,
or so occupied, by one family. Accommodations occupied for transient
lodging in a hotel or motel shall not be considered to be a dwelling
unit.
DWELLING UNIT, SENIOR INDEPENDENT LIVING
A dwelling unit, including single-family attached and multiple family dwelling units which are permanently deed restricted in accordance with §
383-96.27, for use by occupants aged 62 and older.
[Added 3-20-2018]
ELDERLY ASSISTED LIVING RESIDENTIAL FACILITY
A residential facility for assisted living as contemplated
by Section 19-13-D105 of the Regulations of Connecticut State Agencies
and the facility shall be managed by an Assisted Living Service Agency
as defined in Section 19a-490(I) of the Connecticut General Statutes
under a license issued by the Connecticut Department of Public Health
under Section 19a-491 of the Connecticut General Statutes, as such
statutes and regulations may be amended from time to time. Such facility
shall be limited to those persons 62 years of age or older; or persons
younger than 62 years of age with a physical or mental impairment
which substantially limits one or more major life activities.
[Amended 3-20-2018]
ELDERLY ASSISTED LIVING RESIDENTIAL FACILITY
A residential facility for assisted living as contemplated
by Section 19-13-D105 of the Regulations of Connecticut State Agencies
and the facility shall be managed by an Assisted Living Service Agency
as defined in Section 19a-490(l) of the Connecticut General Statutes
under a license issued by the Connecticut Department of Public Health
under Section 19a-491 of the Connecticut General Statutes, as such
statutes and regulations may be amended from time to time. Such facility
will be limited to those persons 62 years of age or older.
ELECTRIC VEHICLE
A vehicle powered solely by a battery and electric motor
that produces no tailpipe emissions. Electric vehicles do not include
hybrid electric vehicles or plug-in hybrid electric vehicles powered
by a combination of a battery and fuel with an electric motor and
internal combustion engine.
[Added 6-7-2022]
ELECTRIC VEHICLE SHOWROOM
An establishment providing for the display and/or sale of
electric vehicles (EV) of one or more manufacturers, not including
hybrid or plug-in hybrid electric vehicles. An EV showroom may also
provide electric vehicle charging stations, service and maintenance
for electric vehicles, and indoor and outdoor display of electric
vehicles, but shall not include inventory or storage of vehicles for
sale.
[Added 6-7-2022]
FAMILY
A person or a group of related persons, plus guests and domestic
servants thereof, or a group of not more than six persons who need
not be so related, who are living as a single housekeeping unit maintaining
a common household. A roomer or boarder to whom rooms are let and/or
board is furnished as permitted by these Regulations shall not be
considered a member of a family for the purpose of this definition.
FARM WINERY
Any place or premises, comprising a minimum of 10 acres on
which fruit is grown and wine/wine products (limited to wine and brandies
distilled from grape products and other fruit products, including
grappa and eau-de-vie) are manufactured, stored and sold, meeting
the permit requirements of Connecticut General Statutes § 30-16
(as amended) and applicable definitions and guidance of Title 22 (as
amended) of the Connecticut General Statutes.
[Added 2-5-2019]
FLOOR AREA, DWELLING OR DWELLING UNIT
(1)
In determining compliance with minimum floor
area requirements for dwellings and dwelling units, only finished
livable floor area having a ceiling height of at least seven feet
four inches shall be counted, except that in a half-story not more
than 400 square feet of floor area may be counted, provided it has
a ceiling height of at least five feet. The following shall not be
included in the computation of finished livable floor area:
(b)
Outside vestibules; bay windows;
(c)
Any basement rooms, the full walls of which
are not above ground level;
(d)
Utility rooms for heating apparatus;
(f)
Terraces; open porches; enclosed porches not
heated by a central heating system for the dwelling; and
(g)
Hallways and other space designed for common
use by occupants of two or more dwelling units.
(2)
Measurements of floor area for any dwelling
or dwelling unit shall be taken from the inside surfaces of exterior
walls or partitions enclosing the floor area. Any floor, other than
a ground floor, must have access thereto by a permanent inside stairway
to be included in computing floor area.
FLOOR AREA, MAXIMUM
In computing the total floor area of all buildings and other
structures on any lot to determine compliance with maximum floor area
provisions, measurements of floor area shall be taken to the outside
surfaces of exterior walls enclosing the floor area.
FUN HOUSES, HAUNTED HOUSES AND OTHER SIMILAR ATTRACTIONS
Any indoor or outdoor structure, facility, attraction and/or
use, for the gathering of persons for the purpose of entertainment
or amusement with the following design: The structure and/or use would
include a maze, series of rooms, passageways, or labyrinth; where
participants would “walk past” various devices, scenes,
and theatrical productions, that would frighten, bewilder and/or amuse.
This use is permitted only in the Residential RES District. Said uses
shall not occur more than two calendar days per year at any location.
Such uses require the approval of the Orange Fire Marshal, Zoning
Enforcement Officer, and any other applicable municipal departments
as determined by the Z.E.O.
[Added 4-2-2013]
HALF-STORY
That portion of a building between the surface of a sloping
roof and the floor next below, in which the points of intersections
of the bottom of the rafters with the interior surfaces of the walls
are not less than four feet above the floor level, and which contains
a floor area no greater than 50% of the area of the floor next below;
not less than 50% of the half-story floor area shall have a ceiling
height of at least seven feet four inches. For buildings with flat
roofs, a half-story is the upper most story which contains a floor
area no greater than 50% of the area of the floor next below.
HEIGHT
In measuring the height of a building or other structure
to determine compliance with the maximum height provisions, measurement
shall be taken from the ground elevation datum consisting of the average
elevation of the finished grade of the lot within 10 feet of, and
around, the perimeter of the building or structure to the highest
point of the roof for flat roofs; to the deck line of mansard roofs;
and to the average height between eaves and the ridge for gable, hip,
and gambrel roofs. A separate ground elevation datum is applicable
to each building or structure on a lot. When any two buildings having
different ground elevation datum are interconnected, such as by common
areas, other floor area or other architectural features or structures,
the ground elevation datum applicable to the interconnection is the
same as the building having the lower ground elevation datum.
IMPERVIOUS SURFACE
Any material that substantially reduces or prevents the infiltration
of storm water into previously undeveloped land. Impervious surface
shall include graveled driveways and parking areas. A surface that
has been compacted or covered with a layer of material so that it
is highly resistant to infiltration by water. It includes surfaces
such as compacted sand, limerock, or clay, as well as most conventionally
surfaced streets, roofs, sidewalks, parking lots, and other similar
structures.
JUNK YARD
Includes any junkyard, motor vehicle junk business and motor
vehicle junkyard as defined in the General Statutes of the State of
Connecticut. The term shall also include any place of storage or deposit,
whether in connection with a business or not, for one or more used
motor vehicles which are either no longer intended, or in condition,
for legal use on the public highways and shall also include any place
of storage or deposit of used parts of motor vehicles and old metals,
iron, glass, paper, cordage and other waste materials which on any
lot have an aggregate bulk equal to one automobile.
KENNEL
Shall have the same meaning as defined in the General Statutes
of the State of Connecticut and shall include commercial kennel as
defined in such Statutes.
LOT
A parcel of land which is either:
(1)
Owned separately from any contiguous parcel
as evidenced by fee conveyance recorded in the land records of the
Town of Orange; or
(2)
Is a building lot shown on a subdivision map,
approved by the Commission and filed in the office of the Orange Town
Clerk.
LOT AREA AND SHAPE
In determining compliance with minimum lot area and shape
requirements of these Regulations, land subject to conservation easements,
sight easements and easements for drainage facilities, sanitary sewer
facilities, public utility distribution lines and underground public
utilities may be included, but no right-of-way for a street or highway,
easement of vehicular access, private right-of-way for vehicles or
easement for above ground public utility transmission lines may be
included for compliance with minimum lot area and shape. The following
are also applicable in determining compliance:
[Amended 2-17-2004]
(1)
Area consisting of wetlands and watercourses,
including ponds and lakes:
(a)
Shall not be used for compliance with more than
10% of the minimum lot area requirement specified in the district.
(b)
Shall not be used for compliance with more than
10% of the required minimum shape consisting of a square with the
minimum dimension specified in the district.
(c)
In a residence district shall be excluded from
lot area in determining eligible square footage of all building and
other structures on the lot and eligible ground coverage by buildings
and other structures on the lot.
(2)
Area consisting of slopes in excess of 25% grade,
greater than 1,000 square feet, at predevelopment conditions:
(a)
Shall not be used for compliance with the minimum
Lot area requirement specified in the district.
(b)
Shall not be used for compliance with the required
minimum shape consisting of a square with the minimum dimension specified
in the district; and
(c)
In a residence district shall be excluded from
lot area in determining eligible square footage of all building and
other structures on the lot and eligible ground coverage by buildings
and other structures on the lot.
(3)
Land in two or more zoning districts may be
used to satisfy a minimum lot area requirement provided that the requirement
of the district requiring the largest lot area is met, but no land
in a Residence District shall be used to satisfy a minimum lot area
requirement or minimum lot shape requirement in any other district.
LOT, CORNER
A lot having lot lines formed by the intersection of two
streets, whether public or private, and where the interior angle of
such intersection is less than 135°. A lot fronting on a curved
street shall also be considered a corner lot if the central angle
of the curve is less than 135°.
MIXED USE RESIDENTIAL DEVELOPMENT
A development on one site consisting of residential dwelling
units in combination with either retail use or office use, or in combination
with both retail and office use.
OPEN SPACE, USABLE
Space on a lot or parcel that is:
(1)
Unoccupied by principal or accessory buildings
above the finished grade;
(3)
Not devoted to service driveways, service areas,
off-street parking at finished grade or loading areas;
(4)
Devoted to landscaping, active or passive recreation
and other like uses;
(5)
Made available in the same proportion to all
occupants of the building or buildings on the lot or parcel;
(6)
Not classified as wetland; and
(7)
Does not exceed a 35% slope.
OUTSIDE STORAGE
The outside storage or display of merchandise, supplies,
machinery and materials and/or the outside manufacturing, processing
or assembling of goods, but excluding areas for parking of registered
motor vehicles in daily use.
PROFESSIONAL SCHOOL
An accredited school that awards advanced academic degrees
(i.e., master's degree, MBA, Ph.D.) with the general requirement that
students must have earned a previous undergraduate (bachelor's) degree.
[Added 6-21-2011]
PROPERTY LINE, REAR
Any property line which is parallel to or within 45°
of being parallel to a street line, except for a lot line that is
itself a street line, and except that in the case of a corner lot,
only one lot line shall be considered a rear property line.
PROPRIETARY COMMERCIAL OR TECHNICAL SCHOOL
A for-profit school providing post-secondary training in
business, technical or commercial skills, including, but not limited
to, information technology, computer repair, office administration,
medical billing and coding.
[Added 6-21-2011]
RESIDENTIAL DEVELOPMENT, MIXED USE
A development on one site consisting of residential development as ordered by Article
XII, Planned Residential Development (PRD) Regulations, and either retail or office use as limited by Article
XII, PRD Regulations.
RESTAURANT, INDOOR
Restaurants and other food and beverage service establishments
where customers are served only when seated at tables or counters
and all of the customer seats are located within an enclosed building.
Such uses may include a food take-out service, by a special permit,
incidental to the primary intended use, but shall not include the
following:
(1)
Establishments where customers are served primarily
at food take-out counters;
(2)
Establishments where customers are served at
drive-through windows or by restaurant "car hop" employees outside
of the enclosed structure; and
(3)
Establishments where customers are served in
a manner intended for consumption of food at outside picnic or dining
areas.
STORY
That portion of a building between the surface of any floor
and the surface of the floor, ceiling, or roof next above. When not
used for human occupancy, penthouses enclosing mechanical equipment
on the roof of a building and attics are not considered a story. When
the ceiling of a basement is less than five feet above the ground
elevation datum for the building, the basement is not considered a
story; provided, however, that in a BOP District a basement used primarily
for parking of motor vehicles may have a ceiling that exceeds such
five feet of height over as much as 25% of the basement floor area
and is not considered a story.
STREET
Any public way duly accepted by the Town of Orange, any state
highway, except limited access state highway, or any street shown
on a subdivision map approved by the Commission and filed in the office
of the Orange Town Clerk.
STREET LINE
The right-of-way easement or taking of any street or of any
easement of vehicular access or private right-of-way 25 feet or more
in width.
STRUCTURE
Anything constructed or erected which has a permanent location
on the ground, or anything attached to something having a permanent
location on the ground. The term "structure" shall include outdoor
swimming pools, tool sheds, storage sheds, bath houses, wood piles
in excess of 125 cubic feet, barns, garages and carports which are
not permanently affixed to the ground. The term shall not include
fences or walls six feet or less in height, necessary retaining walls,
flagpoles or utility poles.
TRAILERS
Includes any vehicle or contrivance which is used, or designed
for use, for human habitation 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, and whether resting on wheels, jacks or a foundation,
the term "trailer" shall include mobile home, camper and camp trailers
used, or designed for use, for human habitation. The following additional
provision shall apply to trailers:
[Amended 5-7-2019]
(1)
On any lot, one trailer may either be parked
or stored in a garage or other building accessory to a permitted use
on the lot or parked or stored so as not to extend within less than
25 feet of any property line or within the area required for setback
of accessory buildings from any street line. The owner of the trailer
shall also be the owner or occupant of a dwelling or other permitted
use on the lot.
(2)
A trailer may be used as an office in connection
with and for the duration of a construction project on the lot where
the trailer is located, provided that such trailer is located so as
to meet all of the setback requirements for buildings and other structures
and is removed within 30 days after completing the project. In no
event shall a trailer used in accordance with this subsection be located
on a lot for more than 90 days except upon the granting of a special
use permit or unless such temporary use is part of an approved site
plan.
VETERINARY CLINIC
An establishment providing outpatient care for animals under
the direct supervision of a licensed veterinarian. The care provided
cannot include overnight stays or any radiographic use. The establishment
cannot have outdoor enclosures for animals or store any medical gas
in pressurized containers.
VETERINARY HOSPITAL
An establishment providing outpatient and inpatient care
for animals under the direct supervision of a licensed veterinarian.
Care provided can include overnight stays, the use of gas inhalation
anesthesia and radiographic use. Veterinary hospitals cannot operate
as a routine boarding facility.
WATER COURSES
Consists of water courses as defined in Chapter
381, Inland Wetlands and Water Courses Regulations, of the Town of Orange, as may be amended from time to time.
WETLANDS
Consists of wetlands as defined in Chapter
381, Inland Wetlands and Water Courses Regulations, of the Town of Orange, as may be amended from time to time.