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Bethel City Zoning Code

ARTICLE II

Terminology

§ 118-2.1 Word usage.

A. 
Specific terms. In the interpretation and enforcement of these Regulations, certain words contained herein shall be interpreted as follows:
(1) 
The word "shall" is mandatory and not discretionary.
(2) 
The word "may" is permissive.
(3) 
When not inconsistent with the context:
(a) 
Words in the present tense include the future and vice versa.
(b) 
Words in the singular include the plural and vice versa.
(c) 
Words in the masculine include the feminine and neuter and vice versa.
(4) 
The word "building" includes the word "structure" and any part thereof.
(5) 
The words "occupied" or "used" include the words "designed, arranged or intended to be occupied or used."
(6) 
The words "zone," "zoning district," and "district" have the same meaning.
(7) 
The word "person" also includes a partnership, association, trust, corporation or other legal entity.
(8) 
The word "lot" includes the word "plot."
(9) 
The word "built" includes the words "erected, constructed, reconstructed, altered, enlarged and moved."
B. 
Terms not defined. In the interpretation and enforcement of these Regulations, words not defined in this article shall be interpreted by the Commission after consulting one or more of the following:
(1) 
The State Building Code, as amended.
(2) 
The Connecticut General Statutes, as amended.
(3) 
The Illustrated Book of Development Definitions (Rutgers University, Center for Urban Policy Research (Piscataway, NJ), as amended.
(4) 
Black's Law Dictionary.
(5) 
A comprehensive general dictionary.

§ 118-2.2 Definitions.

ACCESSORY
See "Principal/Accessory and Related Terms."
ACCESSWAY
A private way for vehicular traffic providing access from a street to a rear lot.
ACTIVE ADULT COMMUNITY
See "Housing-Related Terms."
ADULT DAY-CARE CENTER
See "Day Care."
AMUSEMENT DEVICES
Any machine, game, table or other device which is designed, operated, displayed or kept as an amusement game or test of skill and for the playing of which the person may or may not profit from such operation and which is operated by the general public for use as a game, entertainment or amusement, whether or not registering a score. The term does not include vending machines which do not incorporate recreation or amusement features, nor does it include mechanical musical devices. It shall include devices such as electronic games, skill ball, mechanical grab machines, video games and all devices similar thereto under whatever name they may be indicated.
ANTENNA-RELATED TERMS
A. 
ANTENNA
A device used to collect, transmit and/or receive telecommunications or radio signals. Examples include panels, microwave dishes and single-pole devices.
B. 
ANTENNA TOWER or COMMUNICATION TOWER
A structure, more than 15 feet in height (including antenna), whether freestanding or attached to a building or another structure, that is primarily used to support equipment used to collect, transmit and/or receive telecommunications or radio signals. Examples include monopoles or lattice-construction steel structures.
C. 
CO-LOCATION
A means of locating wireless communication facilities from more than one provider on a single antenna tower.
D. 
COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES
Licensed commercial wireless telecommunication services, including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging and similar services that are marketed to the general public.
E. 
FALL ZONE
A radius, calculated as the height of a tower, measured from the base of the tower and applying to all lands within that radius.
APARTMENT HOUSE
See "Housing-Related Terms."
APARTMENT, ACCESSORY
See "Housing-Related Terms."
ASSISTED-LIVING FACILITY
See "Housing-Related Terms."
ATTIC
See "Story-Related Terms."
AVERAGE GRADE
See "Height-Related Terms."
BALCONY
See "Deck-Related Terms."
BARN
A building for the storage of farm products or feed and usually for the housing of farm animals or farm equipment.
BASEMENT
See "Story-Related Terms."
BED-AND-BREAKFAST
The provision of overnight accommodations and a morning meal within a dwelling unit to transients for compensation.
BEER GARDEN
An outdoor area in which beer and food are served typically at shared tables, which include shaded trees and vegetation associated with a nursery setting. A beer garden may include special events and standard amenities associated with outdoor family activities such as yard games.
BOARD
The Bethel Zoning Board of Appeals.
BREWERY
A facility for the production of beer, meaning any beverage obtained by the alcoholic fermentation of an infusion or decoction of barley, malt and hops in drinking water ale or other malt liquors.
A. 
BREWERY, MICRO
A brewery that produces no more than 15,000 barrels (472,500 gallons) of beer per year. A statement shall be filed an annual basis in January demonstrating the annual production. The following shall be permitted as part of a microbrewery:
(1) 
Retail sales, wholesale and distribution of beverages produced on the premises for consumption off the premises, such as in cans, bottles or kegs, or in other containers provided by the microbrewery or by the customer; and
(2) 
Retail sales of beverages produced both on and off the premises, at tables, counters or bars within the principal building or, with approval of the Commission, on the premises; and
(3) 
A restaurant where food prepared on or off premises is served and consumed primarily at tables, counters or bars within the principal building or, with approval of the Commission, on the premises.
BUFFER, LANDSCAPE
See "Landscape-Related Terms."
BUFFER, NATURAL
See "Landscape-Related Terms."
BUILDABLE LAND
The acreage of a tract of land not including any portion of the property classified as inland wetland, watercourse, 100-year floodplain, or having a slope in excess of 25%.
BUILDING COVERAGE
See "Coverage-Related Terms."
BUILDING HEIGHT
See "Height-Related Terms."
BUILDING/STRUCTURE AND RELATED TERMS
A. 
BUILDING
A building is:
(1) 
Any structure having a roof and walls and used or intended for the shelter, support, housing or enclosure of persons, animals or materials except that the connection of two buildings by means of an open porch, breezeway, passageway, carport or other structure, with or without a roof, shall not be deemed to make them one building; or
(2) 
Any structure more than eight feet high, excluding signs, transmission lines, utility poles, flag-poles and highway and railroad bridges.
B. 
BUILDING, ACCESSORY
See "Principal/Accessory and Related Terms."
C. 
BUILDING, ATTACHED
A building or part thereof is considered attached to another building when there is an enclosed integral connection at least eight feet in width and which space is heated.
D. 
BUILDING, DETACHED
A building or part thereof is considered detached from another building when it is not considered attached.
E. 
STRUCTURE
Anything, including above-ground fuel tanks, tents and greenhouses, whether for permanent or temporary use which is constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. This definition excludes patios, fences, trellises and signs. A below-grade fuel tank is not considered a structure.
F. 
STRUCTURE, ACCESSORY
See "Principal/Accessory and Related Terms."
CALIPER
See "Landscape-Related Terms."
CARPORT
A covered area for the storage or housing of not more than three motor vehicles, with or without walls, but not fully enclosed. A detached carport is an accessory building.
C.G.S.
The Connecticut General Statutes.
CHILD CARE RESIDENTIAL FACILITY
See "Housing-Related Terms."
CLUB
A non-profit corporation organized and operated solely for a recreational, social, patriotic, political, benevolent or athletic purpose, but not for pecuniary gain, and includes the establishment so operated. A club shall cater only to its members or guests accompanying them.
CO-LOCATION
See "Antenna-Related Terms."
COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES
See "Antenna-Related Terms."
COMMISSION
The Bethel Planning and Zoning Commission.
COMMUNITY RESIDENCE
See "Housing-Related Terms."
CONGREGATE HOUSING
See "Housing-Related Terms."
CONSERVATION AREA
An area of land designated for open space use or conservation by the Commission; uses shall be limited to those that will maintain or enhance the open natural state of the land, including agriculture, forestry, wildlife or wetland areas, greenbelts, parks and similar uses.
CONSERVATION EASEMENT
The grant of a property right stipulating that the described land will remain in its natural state and/or precluding future or additional development.
CONSERVATION RESTRICTION
A restriction imposed on a property or the use thereof for conservation purposes.
CONTINUING CARE RETIREMENT COMMUNITY
See "Housing-Related Terms."
CORNER LOT
See "Lot-Related Terms."
COVERAGE-RELATED TERMS
A. 
COVERAGE, BUILDING
The aggregate area of all roofed buildings on a lot.
B. 
COVERAGE, TOTAL
The aggregate area of all roofed buildings, pavement, concrete, and other impervious surfaces on a lot.
CRAWLSPACE
See "Story-Related Terms."
DAY CARE-RELATED TERMS
A. 
DAY-CARE
The care of people outside of their homes for part of a day, one or more days per week.
B. 
DAY-CARE CENTER
A facility to provide for the care of 12 or more children outside of their homes for part of a day, one or more days per week.
C. 
DAY-CARE CENTER, ADULT
A facility to provide for the care of elderly persons 62 years and over outside of their homes for part of a day, one or more days per week.
D. 
DAY-CARE HOME, FAMILY
A facility to provide for the care of not more than six children, including those of the care provider, operated in or at the primary residence of the care provider, between the hours of 7:00 a.m. and 6:00 p.m., between Monday and Friday.
E. 
DAY-CARE HOME, GROUP
A facility to provide for the care of six or more children but not more than 12 children, including those of the care provider, operated in or at the primary residence of the care provider between the hours of 7:00 a.m. and 6:00 p.m., between Monday and Friday.
DECK-RELATED TERMS
A. 
BALCONY
An exterior platform with or without a roof that projects from the wall of a building.
B. 
DECK
A platform without a roof supported in whole or in part by pillars or posts.
C. 
PATIO
An exterior, level, surfaced area without walls or roof.
D. 
PORCH
A roofed but unenclosed platform attached to a building.
DEVELOPMENT
Any construction or grading activities to improved or unimproved real estate.
DISPENSARY FACILITY
A place of business where marijuana may be dispensed or sold at retail to qualifying patients and primary caregivers and for which the department has issued a dispensary facility permit to an applicant under the Act and § 21a-408-14 of the Regulations of Connecticut State Agencies.
DISTURBED AREA
See "Erosion-Related Terms."
DRIVE-UP WINDOW SERVICE
A building opening through which, or a configuration of building and/or equipment whereby, occupants of a motor vehicle receive or obtain a product or service. A building opening includes, but is not limited to, windows, doors, or mechanical devices such as ATM machines.
DRIVEWAY
An asphalt, concrete, crushed stone, or other hard surface, generally constructed between the road and a garage or the dwelling used for the parking of vehicles.
DWELLING
See "Housing-Related Terms."
DWELLING UNIT
See "Housing-Related Terms."
EFFICIENCY UNIT
See "Housing-Related Terms."
ELEEMOSYNARY
Organized and operated for the purpose of providing a public service or activity without profit.
EROSION-RELATED TERMS
A. 
DISTURBED AREA
An area where the ground cover is destroyed or removed leaving the land subject to accelerated erosion.
B. 
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
C. 
SEDIMENT
Solid material, either mineral or organic, that is in suspension, is transported or has moved from its site of origin by erosion.
D. 
SOIL EROSION AND SEDIMENT CONTROL PLAN
A scheme that minimizes soil erosion and sedimentation resulting from development and includes, but is not limited to, a map and narrative.
FALL ZONE
See "Antenna-Related Terms."
FAMILY
Any number of people related by blood, marriage, civil union or adoption and up to three additional unrelated persons living and cooking together as a single housekeeping unit.
FAMILY DAY-CARE HOME
See "Day Care."
FARMING
The growing of crops, hay, fodder, ensilage, pasturage, orchards, gardens, nursery stock and related agricultural production, including the raising of domestic animals and poultry, and the sale of agricultural products directly resulting from such cultivation, within limits prescribed by these Regulations. The term "farming" shall not include the growth, sale, preparation, or distribution of marijuana or marijuana, products.
FAST-FOOD RESTAURANT
See "Restaurant."
FLOOR AREA-RELATED TERMS
A. 
FLOOR AREA
The horizontal area of the floor of a building measured to the outside of the exterior walls.
B. 
GROSS FLOOR AREA
The sum of the floor area(s) of all of the floors of a building.
C. 
PUBLIC FLOOR AREA
The floor area of a building actually open for use by the public (gross floor area minus kitchen space, storage space, stairwells, hallways, and lavatories).
D. 
USABLE FLOOR AREA
The gross floor area of a building minus stairwells, hallways, and lavatories.
FORESTRY
The cultivation and management of land for growing of trees or shrubs for lumber, timber, pulpwood, firewood, shade or ornamental trees, stock, Christmas trees, watershed conservation and similar forest management purposes. Such activities do not include intensive land clearing, saw mills or processing of forest products. The term "forestry" shall not include the growth, sale, or distribution of marijuana or marijuana products.
FRONT LOT
See "Lot Types."
FRONTAGE
See "Lot Frontage."
GARAGE (RESIDENTIAL)
An accessory building, or portion thereof, used for the storage or housing of motor vehicles.
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.
GROSS FLOOR AREA
See "Floor Area."
GROSS VEHICLE WEIGHT RATING
See "Vehicle-Related Terms."
GROUP DAY-CARE HOME
See "Day Care."
HEADROOM
The vertical distance between the surface of a floor and the lower of a ceiling, joists, or rafters immediately above.
HEIGHT-RELATED TERMS
A. 
AVERAGE GRADE
An average elevation determined by averaging a minimum of eight spot elevations located equidistant around the building or other structure and five feet therefrom.
B. 
HEIGHT, BUILDING
The vertical distance from the average grade of the building to:
(1) 
The highest point of mansard, dome (curvilinear), shed, or flat roofs, including any parapets; or
(2) 
The mean level between the eaves and ridge of gable, hip, or A-frame, roofs; or
(3) 
The mean level between the highest eave and the ridge of a salt box; or
(4) 
The highest pitchbreak for a gambrel roof.
C. 
HEIGHT, TOTAL
The vertical distance:
(1) 
For a building, from the average grade at the building wall to the highest point of the roof including any parapets; or
(2) 
For a structure (such as fence or flagpole), from the average grade at the base of the structure to the highest point of the structure, including any appurtenances.
HOME-BASED BUSINESS AND RELATED TERMS
A. 
HOME-BASED BUSINESS
The use of a portion of a dwelling for business purposes by a resident occupant.
B. 
HOME OFFICE
The use of a portion of a dwelling for:
(1) 
Occasional business use (such as working from home in conjunction with employment typically occurring elsewhere); or
(2) 
A home-based business involving no non-resident employees and minimal visits to the premises by non-residents.
C. 
HOME OCCUPATION, MAJOR
The use of a portion of a dwelling for a home-based business in a manner which does not qualify as a home office or a minor home occupation.
D. 
HOME OCCUPATION, MINOR
The use of a portion of a dwelling for a home based business which:
(1) 
May include one non-resident employee; and
(2) 
Shall not involve more than five customer, client, patron, or associate visits per week to the premises by non-residents; and
(3) 
Shall not involve more than two customer, client, patron, or associate visits to the premises by non-residents at any one time.
HORTICULTURE
The science and art of growing flowers, vegetables, fruits, herbs, ornamental shrubs and other plants. The term "horticulture" shall not include the growth, sale, preparation, or distribution of marijuana or marijuana products.
HOTEL, MOTEL and MOTOR HOTEL
A building or group of buildings designed and used primarily for temporary occupancy by transients which provides or offers sleeping accommodations for a consideration but does not permit cooking of meals in rooms. These facilities may provide rooms for public assembly and may include the serving of food. The facility may house one dwelling unit for owners or employees.
HOUSING-RELATED TERMS
A. 
ACTIVE ADULT COMMUNITY
A residential development where occupancy is limited, as permitted by federal and state fair housing laws, to persons who are 55 years of age and over.
B. 
APARTMENT, ACCESSORY
A dwelling unit accessory and subordinate to a one-family detached dwelling on the same lot. See "Principal/Accessory and Related Terms."
C. 
APARTMENT HOUSE
A building primarily for residential use with five or more dwelling units, under one ownership or condominium ownership.
D. 
ASSISTED-LIVING FACILITY
A managed residential community which provides private residential units and nursing, housekeeping and maintenance services, security, on-site management, three meals daily and laundry service for residents, intended to assist residents with activities of daily living while maintaining a maximum level of independence.
E. 
CHILD CARE RESIDENTIAL FACILITY
A building that houses six or fewer children with mental or physical disabilities and necessary staff persons and that is licensed under C.G.S. §§ 17a-145 to 17a-151, inclusive.
F. 
COMMUNITY RESIDENCE
As provided in C.G.S. § 8-3e, a building that:
(1) 
Houses six or fewer mentally retarded persons and necessary staff persons and that is licensed under the provisions of C.G.S. § 17a-227; or
(2) 
Houses six or fewer persons receiving mental health or addiction services and necessary staff persons paid for or provided by the Department of Mental Health and Addiction Services and that has been issued a license by the Department of Public Health under the provisions of C.G.S. § 19a-491, if a license is required.
G. 
CONGREGATE HOUSING
A specially planned, designed, and managed multi-unit housing development for persons, 62 years of age and over with a relatively independent lifestyle. A limited number of support services, such as meals, laundry, housekeeping, transportation and social and recreational activities, may be provided.
H. 
CONTINUING CARE RETIREMENT COMMUNITY
A housing development that is planned, designed and operated to provide a full range of accommodations and services for older adults, 62 years of age and over, including independent living, congregate housing, assisted living and nursing facility.
I. 
DWELLING
Structure containing one or more residential dwelling units.
J. 
DWELLING, ATTACHED
A dwelling unit separated from other dwelling units in the same building by a continuous vertical party wall, without openings except for utilities, which extends from foundation to roof.
K. 
DWELLING, DETACHED
A dwelling surrounded on all sides by yards.
L. 
DWELLING, SINGLE FAMILY
A building containing a dwelling unit for one family.
M. 
DWELLING, TWO-FAMILY
A building containing two dwelling units for two families.
N. 
DWELLING UNIT
One or more rooms in a residential structure (dwelling), which room or rooms is (are) arranged, designed, used or altered for the use by one family. Said room or rooms containing kitchen or kitchen area, and a bathroom with bathtub and/or shower, a toilet and sink. The term shall not be deemed to include units in a hotel, motel, motor hotel or rooming house.
O. 
EFFICIENCY UNIT
A dwelling unit having only one room, exclusive of bathroom, water-closet compartment, kitchen, laundry, pantry, foyer, communicating corridor, closets, or any dining alcove with less than 70 square feet of floor space. The total area must have a minimum of 350 square feet.
P. 
MOBILE HOME
A detached residential dwelling unit which may be moved on wheels attached to an integrated axle assembly, having no power of its own but drawn by or used in connection with a motor vehicle, which is so constructed or reconstructed as to permit use and occupancy after minor assembly operations, such as location on jacks or other temporary or permanent foundations, connections to utilities and the like. See "Prefabricated Dwelling."
Q. 
MOBILE HOME PARK
A parcel of land for the location of two or more mobile homes, which are used for sleeping, living or working quarters or storage.
R. 
MULTI-FAMILY DEVELOPMENT
A property containing three or more dwelling units.
S. 
MULTI-FAMILY DWELLING
A building containing dwelling units for three or more families.
T. 
NURSING FACILITY
A facility providing a full range of 24-hour direct medical, nursing and other health services. Registered nurses, licensed practical nurses and nurses aides provide services prescribed by a resident's physician. Nursing care and restorative physical, occupational, speech and respiratory therapies may also be provided.
U. 
PLANNED RESIDENTIAL DEVELOPMENT (PRD)
A planned residential community of varying housing types, developed as a site plan to promote the most appropriate use of land through flexibility of design, to facilitate the preservation of the natural and scenic qualities of the environment, achieving a high level of design that is sensitive to the physical, topographical and geographical constraints of the land.
V. 
PREFABRICATED DWELLING
Dwellings, or parts thereof, which meet all of the applicable requirements for a dwelling unit and are built off-site and transported to a building site on a flatbed truck or similar method of conveyance. Such dwellings, or parts thereof, are not considered "mobile homes."
W. 
TOWNHOUSE
An attached dwelling unit, one of a row of generally similar units separated by vertical party walls without openings, each unit having a separate outside entrance, a front and rear yard and an off-street parking area. See "Dwelling Unit."
IMPERVIOUS SURFACES
Typically artificial surfaces that do not allow the penetration or infiltration of precipitation, such as concrete, asphalt (bituminous concrete) brick, stone, or lattice pavers, etc., including but not limited to pools, roof tops, paved and gravel driveways, paved and gravel parking areas, tennis courts, sport courts, basketball courts, decks (with less than an 1/8" gap between planks or located over an impervious surface), ground- or pole-mounted solar energy systems and all other surfaces that is considered impenetrable to precipitation.
INTERIOR LOT
See "Lot Types."
JUNK
Any worn-out or discarded scrap, debris and waste materials including but not limited to old lumber, metal, inoperable motor vehicles, machinery and parts, construction material, household wastes, including garbage, furniture and discarded appliances.
JUNK STORAGE
The temporary or permanent outdoor storage of junk. This definition shall not include outdoor storage of ordinary residential operable equipment and related activities such as garden tools, lawn mowers, outdoor furniture, wood piles, grass clippings and similar items.
LANDSCAPE-RELATED TERMS
A. 
CALIPER
The diameter of a tree trunk measured four feet from the root crown.
B. 
LANDSCAPED AREA
An area set aside from structures and parking with natural materials as ground cover (i.e., lawns, trees, shrubs, vines, hedges, bedding plants, rock) and decorative features, including paving materials, walls, fences, and street furniture.
C. 
LANDSCAPED BUFFER
A strip of land, fence, and/or landscaped area, etc., between one use and another, which may or may not have trees and shrubs planted for screening purposes, designed to set apart one use area from another. An appropriate buffer may vary depending on uses, districts, size, etc., and shall be determined by the Commission.
D. 
LANDSCAPE SCREEN
A masonry wall, fence sections, earthen berm, evergreen hedge, shrubs, or a combination of these elements, which visually shields or obscures an abutting or nearby use or structure from another as determined by the Commission.
LOT AREA, GROSS
The horizontal area of the lot lying within the lot lines, excluding any street rights-of-way.
LOT AREA, NET
The total horizontal area of the lot lying within the lot lines, excluding the area of any accessway(s) and any street rights-of-way and any areas of steep slopes or wetlands.
LOT FRONTAGE
The distance measured along the street line(s) of a parcel of land.
LOT LINE
A boundary which separates a parcel of land from another parcel or a street.
LOT LINE, FRONT
The street lot line, the lot line located adjacent to the accessway providing access to the lot, or the lot line most parallel to the street that provides access to the lot. See "Lot Line, Street (Above)."
LOT LINE, REAR
The lot line located most directly opposite the front lot line except that a corner lot, a through lot, or a pie-shaped lot shall not be required to have a rear lot line.
LOT LINE, SIDE
A lot line which is not a front lot line or a rear lot line.
LOT LINE, STREET
The lot line between the street right-of-way and the abutting lot or parcel.
LOT WIDTH
The distance in a straight line between the side lot lines measured at the front setback. See also "Lot Frontage."
LOT-RELATED TERMS
A. 
LOT
A parcel of land:
(1) 
Under one ownership;
(2) 
Occupied or capable of being used, developed, or built upon as a single unit for a principal use and the buildings and uses customarily incidental thereto; and
(3) 
Established by a subdivision or re-subdivision of land duly approved by the Commission or otherwise as permitted by law.
B. 
LOT, CORNER
A lot at the intersection of and abutting two or more streets, when the angle of the intersection is not more than 135° or where the intersection is rounded by a curve having a radius of less than 100 feet. A corner lot shall be deemed to have two front yards and two side yards, but no rear yard.
C. 
LOT, FRONT
See "Lot, Interior."
D. 
LOT, INTERIOR
A lot abutting only one street.
E. 
LOT, REAR
A lot connected to a public and/or private roadway by a continuous, contiguous strip of land a minimum of 25 feet in width, but without the required minimum frontage on such public and/or private roadway. See § 118-3.2C for zones where residential rear lots may be permitted.
F. 
LOT, THROUGH
A lot abutting two generally parallel streets, which lot has two street lot lines and two side lot lines.
MANUFACTURING
Any process whereby the nature, size or shape of articles or raw materials are changed or where articles are assembled. The term "manufacturing" includes fabricating, compounding, assembling, packaging and treatment activities.
MARIJUANA
All parts of any plant, or species of the genus cannabis or any infra specific taxon thereof, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. It does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination. Included are cannabinon, cannabinol or cannabidiol and chemical compounds which are similar to cannabinon, cannabinol or cannabidiol in chemical structure or which are similar thereto in physiological effect, and which show a like potential for abuse, which are controlled substances in Chapter 420b of the Connecticut General Statutes unless modified.
MARIJUANA PRODUCT
Any product containing marijuana, including raw materials, that requires no further processing and that are packaged for sale to dispensaries, qualifying patients and primary caregivers.
MEDICAL MARIJUANA DISPENSARY FACILITY
Means a place of business where marijuana may be dispensed or sold at retail to qualifying patients and primary caregivers, and for which the CT Department of Consumer Protection has issued a dispensary facility permit to an applicant in accordance with Section 21a-408-14 of the Regulations of Connecticut State Agencies.
MEDICAL MARIJUANA PRODUCTION FACILITY
Means a secure, indoor facility where the production of marijuana occurs and that is operated by a person to whom the Connecticut Department of Consumer Protection has issued a producer license in accordance with Section 21a-408-20 of the Regulations of Connecticut State Agencies.
MINIMUM SQUARE
A square of prescribed dimension which:
A. 
Is capable of being drawn entirely within the boundaries of the lot entirely behind the front setback;
B. 
Does not contain any area within existing public utility or access easements; and
C. 
No more than 20% of the area of the square consists of any area designated as wetland, watercourse, floodplain, or steep slope.
MOBILE HOME
See "Housing-Related Terms."
MOBILE HOME PARK
See "Housing-Related Terms."
MOTEL
See "Hotel."
MOTOR HOTEL
See "Hotel."
MOTOR VEHICLE
Any vehicle propelled or drawn by any non-muscular power, except aircraft, motor boats, wheel chairs, golf carts, agricultural tractors, farm implements, such vehicles as run only on rails or tracks, self-propelled snow plows, snow blowers and lawn mowers, and any other vehicle not suitable for operation on a highway.
MULTI-FAMILY DEVELOPMENT
See "Housing-Related Terms."
MULTI-FAMILY DWELLING
See "Housing-Related Terms."
NATIVE
Grown, produced or originated on site; indigenous.
NONCONFORMING RELATED TERMS
A. 
NONCONFORMING
A situation or circumstance that does not conform to the applicable sections of these Regulations.
B. 
NONCONFORMING BUILDING
A building that does not conform to these Regulations with respect to size, area, height, setback or other requirement for the zone in which it is situated.
C. 
NONCONFORMING LOT
A lot that does not conform to these Regulations with respect to area, width or other requirement for the zone in which it is situated.
D. 
NONCONFORMING, PRE-EXISTING
A nonconforming situation that predated the adoption of these Regulations or the applicable provision which resulted in the non-conformity.
E. 
NONCONFORMING USE
A use of land or of a building that does not conform to these Regulations for the zone in which it is situated.
NURSERY
An establishment where plants, shrubs, trees and accessory items are grown and/or sold at retail or wholesale. The term "nursery" shall not include the growth, sale, preparation, or distribution of marijuana or marijuana products.
NURSING FACILITY
See "Housing-Related Terms."
OPEN SPACE
Land preserved in perpetuity for protection of natural resources, natural features, scenic views, or community character, including agriculture.
ORIGINAL
The conditions existing at the effective date of the applicable regulation.
OUTDOOR WOOD-BURNING FURNACES
As defined in Connecticut General Statutes § 22a-174k (pursuant to Public Act 05-227), and as regulated by the Connecticut Department of Environmental Protection, an accessory structure or appliance designed to be located outside living space ordinarily used for human habitation and designed to transfer or provide heat, via liquid or other means, through the burning of wood or solid waste, for heating spaces other than where such structure 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 pot, wood-fired barbecue or chiminea.
PARKING AREA
A space used for parking and movement of motor vehicles.
PATIO
See "Deck-Related Terms."
PERMITTED USE
Any use listed as a permitted use in any given zone.
PERSONAL SERVICE
A business use or activity involving services of a personal or domestic nature including, but not limited to, hair, nails, tailoring, Connecticut state-licensed massage therapy, shoe repair, tanning, exercise, dance, self-defense, personal training, and music studios and Tattoo Artist Studio.
PERVIOUS SURFACE (including permeable, semi-pervious, or porous)
Typically artificial surfaces that allow penetration or infiltration of precipitation either around the paving material or through the material itself, such as brick, stone, or lattice pavers, and porous concrete and asphalt (bituminous concrete), decks (wood or composite and provided the separation between the plans is greater than 1/8" and the ground below is not impervious). In addition, vegetated green roofs (having a minimum of 3" of soil medium) lawns, forests, gardens, and any other more natural surfaces considered pervious to precipitation.
PHARMACY
A place of business where drugs and devices may be sold at retail and for which a pharmacy license has been issued to an applicant under the provisions of Connecticut General Statutes § 20-594. The term "pharmacy" shall not include the sale or distribution of marijuana or marijuana products.
PLANNED RESIDENTIAL DEVELOPMENT (PRD)
See "Housing-Related Terms."
PORCH
See "Deck-Related Terms."
PRE-EXISTING NONCONFORMING
See "Nonconforming."
PREFABRICATED DWELLING
See "Housing-Related Terms."
PREMISES
That portion of a lot or building actually in use for the specific purpose or use under consideration.
PRINCIPAL/ACCESSORY AND RELATED TERMS
A. 
PRINCIPAL
The primary building, structure, or use on a lot or parcel.
B. 
ACCESSORY
Subordinate and customarily incidental to a principal building, structure, or use on the same property.
C. 
ACCESSORY BUILDING
A separate building subordinate and customarily incidental to, and on the same lot as, a principal building or use.
D. 
ACCESSORY STRUCTURE
A separate structure subordinate and customarily incidental to, and on the same lot as, a principal structure or use.
E. 
ACCESSORY USE
A use subordinate and customarily incidental to a principal use on the same lot as such principal use.
PRODUCTION FACILITY (for marijuana)
A secure, indoor facility where the production of marijuana occurs and that is operated by a person to whom the department has issued a producer license under the Act and § 21a-408-20 of the Regulations of Connecticut State Agencies.
PROFESSIONAL OFFICE
An office used for the conduct of business for a member of a recognized profession: architectural, engineering, planning, law, interior design, accounting, insurance, real estate, medical, dental, optical, or any similar type of profession as determined by the Commission.
REAR LOT
See "Lot, Rear."
RESIDENCE
A place where one or more individuals is actually living at a given point in time.
RESIDENTIAL USE
The use of a place as a residence.
RESTAURANT
A business establishment where prepared food is served and sold. The term "restaurant" shall not include the preparation or sale of marijuana or marijuana products.
RESTAURANT, FAST-FOOD
A restaurant oriented towards people travelling in motor vehicles. Food is typically served in a pre-prepared state and is packaged to allow for consumption off the premises. Such establishments are often characterized by the absence of table service and the presence of posted menus. Such definition includes drive-through service and excludes ice cream shops and delicatessens.
RESTAURANT, OTHER
A restaurant which is not a fast-food restaurant or a sit-down restaurant.
RESTAURANT, SIT-DOWN
A restaurant where prepared food is served and where consumed primarily at tables or counters within the principal building or, with approval of the Commission, on the premises. Such definition does not include drive-through service.
RETAIL ESTABLISHMENT
An establishment engaged in the sale of goods or merchandise directly to the general public and businesses and rendering services incidental to the sale of such goods. The term "retail establishment" shall not include a "dispensary facility," or include establishments engaged in the preparation, sale, or distribution of marijuana or marijuana products.
RETAIL RECREATIONAL MARIJUANA ESTABLISHMENT
Means a place of business where marijuana may be sold at retail to the general public.
RETAIL SALES
An establishment engaged in the selling of goods or merchandise directly to the general public and businesses and rendering services incidental to the sale of such goods.
SCREEN
An opaque fence, evergreen planting, earthen berm or other natural material extending not less than six feet nor more than eight feet above the ground level designed to create a visual and sound barrier between two dissimilar or incompatible uses.
SEDIMENT
See "Erosion Related Terms."
SERVICE STATION
An establishment used for servicing or repairing motor vehicles.
SETBACK
The minimum required distance from any street line or lot line to a building, structure, or use. See "Yard."
SIGN
Any fabricated sign or outdoor display structure, including its structure, consisting of any letter, figure, character, mark, point, plane, marquee sign, design, poster, pictorial, picture, stroke, stripe, line, trademark, reading matter or illuminating device, which is constructed, attached, erected, fastened or manufactured in any manner whatsoever so that the same shall be used for the attraction of the public to any place, subject, person, firm, corporation, public performance, article, machine or merchandise whatsoever and displayed in any manner out of doors for recognized advertising purposes.
SIGN, TEMPORARY
A sign constructed of cloth, fabric or other lightweight temporary material, with or without a structural frame, intended for a limited period of display, including decoration displays for holidays or public demonstrations.
SIMILAR USE
A use which the Commission, in its sole judgment, shall find to be similar to the permitted uses or special permit uses as to type of operation, employment, traffic generated, the effects of the use on the district and the neighborhood and the appropriateness of the use to accomplish the stated objectives of the zone in which it is proposed to be located.
SIT-DOWN RESTAURANT
See "Restaurant, Sit-Down."
SOIL
Any unconsolidated mineral or organic material of any origin.
SOIL EROSION AND SEDIMENT CONTROL PLAN
See "Erosion-Related Terms."
SOUND LEVEL
A frequency-weighted sound measure level as measured with a sound-level meter, using the A-weighting network, also known as "dBA."
SPECIAL PERMIT USE
A use not allowed generally throughout a zone but, if controlled as to location, number, etc., and if considered to promote the public health, safety and general welfare, may be permitted by the Commission where provided for in this regulation.
SQUARE, MINIMUM
See "Minimum Square."
STEEP SLOPES
Land having pre-development slopes of 25% or greater.
STORY-RELATED TERMS
A. 
ATTIC
That portion of a building that is immediately below and wholly or partially within the roof framing.
B. 
BASEMENT
That part of a building which:
(1) 
Is at least partially below ground level; and
(2) 
Has headroom of seven feet or more.
C. 
CRAWLSPACE
That part of a building which:
(1) 
Is at least partially below ground level; and
(2) 
Has headroom of less than seven feet.
D. 
STORY
That part of a building which:
(1) 
Is a floor of the building with headroom of seven feet or more except that an attached garage shall not count as a separate story unless it contains habitable space directly above or below it; or
(2) 
Is a basement and the ceiling of the basement is five feet or more above the average grade; or
(3) 
Is an attic and the area with headroom of seven feet or more is greater than 60% of the total floor area under the attic roof(s), or is an attic and the wall plate supporting the rafters is more than two feet above the attic floor.
E. 
STORY, HALF
That part of a building which is an attic and the area with headroom of seven feet or more is greater than 30% of the total floor area under the attic roof(s) but is less than 60% of the total floor area under the attic roof(s).
STREET
Any right-of-way used for public travel, which is a highway or proposed public highway shown upon a subdivision plan duly approved by the Commission, in accordance with the Subdivision Regulations.
STRUCTURE
See "Building/Structure and Related Terms."
SWIMMING POOL
Anything man-made for the purpose of containing water more than 24 inches deep and having more than 250 square feet of water surface area, which water is used for bathing or swimming. Ponds for the retention of water for agriculture or fire protection are excluded.
TAG SALE
A sale of used household articles sold on the premises.
TEMPORARY SIGN
See "Sign."
THROUGH LOT
See "Lot Types."
TOTAL COVERAGE
See "Coverage, Total."
TOWN
Town of Bethel, Connecticut.
TOWNHOUSE
See "Housing-Related Terms."
TRAILER
A detached vehicle or object which is, has been or can be mounted on wheels, having no motive power of its own, but drawn by or used in connection with a motor vehicle, which is or can be used for working quarters or storage of goods or materials. Mobile homes shall not be considered trailers. Such trailers shall meet all requirements of this regulation pertaining to accessory uses. No trailer shall be used for sleeping or living purposes.
USABLE FLOOR AREA
See "Floor Area."
USE, ACCESSORY
See "Principal/Accessory and Related Terms."
VEHICLE RELATED TERMS
A. 
VEHICLE, MOTOR
Any self-propelled vehicle designed primarily for transportation of persons or goods along public streets or other public ways.
B. 
GROSS VEHICLE WEIGHT RATING
The maximum a vehicle can safely weigh when loaded, including the vehicle itself, occupants, cargo and optional equipment.
WATERCOURSES
Rivers, streams, brooks, waterways, lakes, ponds, marshes, swamps, bogs and all other bodies of water, natural or artificial, vernal or intermittent, public or private. Intermittent watercourses shall be delineated by a defined permanent channel and bank and the occurrence of two or more of the following characteristics:
A. 
Evidence of scour or deposits of recent alluvium or detritus;
B. 
The presence of standing or flowing water for a duration longer than a particular storm incident; and
C. 
The presence of hydrophytic vegetation.
WETLANDS
Land, including submerged land which consists of any of the soil types designated as poorly drained, very poorly drained, alluvial, and floodplain by the Natural Resources Conservation Service of the U.S. Department of Agriculture.
YARD
An area on the same lot as a building or group of buildings located between the building(s) and the nearest lot line.
YARD, FRONT
A yard extending across the full width of the lot and situated between the principal building and the front lot line.
YARD, REAR
A yard extending across the full width of the lot and situated between the principal building and the rear lot line.
YARD, REQUIRED
See "Setback."
YARD, SIDE
A yard extending from the front yard to the rear yard between the principal building and the side lot line(s).