Certain words and terms are used in this zoning ordinance for the purposes hereof and are defined as follows:

Unless the context clearly indicates the contrary; words used in the present tense include the future; the singular number includes the plural, and the plural the singular.

The word "PERSON" includes a profit or non-profit corporation, company, partnership or individual.

The word "SHALL" is mandatory, and not directory; the word "MAY" is permissive.

The word "LOT" includes the word "PLOT" and the word "LAND".

The word "USE" and the word "USED" refer to any purpose for which a lot or land or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use; and to any purpose for which a building or structure or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use, or erected, reconstructed, altered, enlarged, moved or rebuilt with the intention or design of using the same.

Where a word or term is not defined in this Section, it shall have its ordinarily accepted meaning, or such meaning as the context may imply.

ACCESSORY USE, BUILDING OR STRUCTURE. A subordinate use, building or structure customarily incidental to, and located on the same lot occupied by the main use, building or structure. The term ACCESSORY BUILDING may include a private garage, garden shed, a private playhouse, and a private greenhouse.

ALTERATION. As applied to a building or structure a change or rearrangement in the structural parts or in the exit facilities; or an enlargement, whether by extending on a side or by increasing in height; or moving from one location or position to another; the term "alter" in its various modes and tenses and its participial form, refers to the making of an ALTERATION.

APARTMENT. A room or suite of rooms in a multifamily house occupied or designed to be occupied as the home or residence of one family.

BASEMENT. A story of a building partly but not more than one-half below the level of the GRADE.

BED AND BREAKFAST ACCOMMODATIONS. An establishment consisting of a single dwelling unit occupied by a resident manager and family and offering transient lodging to the general public with a maximum of 5 guest rooms, with the serving of meals limited to breakfast for guests. [Approved 7-16-01, Item #26484-2]

BOARD. The Zoning Board of Appeals of the City of New Britain. Connecticut, unless otherwise stipulated or indicated by reference.

BUILDING. A combination of materials to form a construction that is safe and stable, and adapted to permanent or continuous occupancy for public, institutional, residence, business or storage purposes; the term "building" shall be construed as if followed by the words "or part thereof".

BUILDING, AREA OF. The horizontal area measured around the outside of the foundation walls and of the floors of roofed porches and roofed terraces inclusive, and including the area of accessory buildings if any.

For Cannabis related definitions please see Section 270-40.40-155. [Approved 4-14-2022, Item #35700-3]

CELLAR. A story of a building more than one-half below the level of the GRADE.

COURT. An open, unoccupied space, other than a yard, on the same lot with a building. An offset to a court shall be deemed a separate inner court for the purpose of determining its least dimension, its area, and the least dimension and area of the court to which it is contiguous.

COURT, DEPTH OF. The maximum horizontal dimension at right angles to the width.

COURT, HEIGHT OF. The greatest vertical distance measured from the lowest level of such court up to the roof of the building.

COURT, INNER. Any court which is not an outer court.

COURT, OUTER. A court extending to a street, front yard, or rear yard.

COURT, WIDTH OF. The horizontal dimension parallel to the principal open side in the case of an OUTER COURT; and the least horizontal dimension in the case of an INNER COURT.

CRAFTSMAN INDUSTRIAL. A use that includes a showroom or small retail outlet and production space, and involves small scale production, assembly, and/or repair with little to no noxious by-products. A minimum ten (10) percent of the gross floor area, or one thousand (1,000) square feet, whichever is less, shall be dedicated to a showroom located at the front of the space. [Approved 6-22-23, Item #36103-3]

CULTURAL FACILITY. Facilities engaged in activities to serve and promote aesthetic and educational interest in the community that are open to the public on a regular basis. This classification includes performing arts centers for theater, music, dance and events; spaces for display or preservation of objects of interest in the arts or sciences; libraries; historical sites; art galleries; and museums. [Approved 3-16-23, Item #36000-3]

CUSTOM WORK, SHOP FOR. A business premises used for the making of clothing, millinery, shoes or other personal articles to individual order and measure, for sale at retail on the premises only, not including the manufacture of "ready-to-wear" or standardized products.

DAY CAMP. A building or structure, together with its lot and its accessory uses, buildings and structures, used as an organized recreational facility for five (5) or more enrolled children other than the children of the resident family, but not provided with customary commercial public recreation features such as Ferris wheels and roller coasters, and not furnishing sleeping quarters except for the resident family.

DENSITY. (Dwelling units per acre) shall be calculated by dividing the gross project area by the allowable square feet of lot area per dwelling unit. [Approved 2-22-85, Item #16617-1]

DUMP. A lot or land or part thereof used primarily for disposal by abandonment, dumping, burial, burning or any other means and for whatever purpose, of garbage, offal, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.

DWELLING. A building occupied exclusively for residence purposes and having not more than two families living independently of each other and doing their cooking upon the premises.

DWELLING UNIT. One or more rooms with provision for cooking, living, sanitary, and sleeping facilities arranged for the use of one family.

DWELLING, SINGLE FAMILY, DETACHED. A residential building containing not more than one (1) dwelling unit entirely surrounded by open space on the same lot, and with the land and building owned by the same person or entity, except that, in certain zoning districts as hereinafter specified, more than one single family detached dwelling may be allowed per lot, as part of a residential condominium or common interest ownership community, as provided for in state statutes. [Approved 11-22-93, Item #21265-2; Approved 2-23-06, Item #28900-2]

EASEMENTS. A right to use or limit the use of land in specific ways without acquiring fee simple title to land. More common types of easements are drainage, utility, conservation, slope, scenic, and sewer and water lines. Terms of easements may vary and shall be set forth by legal documents. [Approved 2-22-85, Item #16617-1]

FAMILY. The term family shall mean one or more persons, all related by blood, adoption, or marriage, occupying a single dwelling unit, provided that domestic servants employed only on the premises, may be housed on the premises and included as part of the family.

A group of not more than three (3) unrelated persons living and cooking as one house keeping unit may be considered a family.

Further provided that an unrelated group shall have a permit from the Building Inspector. Such permit shall have the names of the persons constituting the family and shall not be granted unless the dwelling unit has a certificate of occupancy and is in compliance with the Building and Zoning Ordinances.

The permit shall be renewable yearly or when there is a change in the unrelated group.

The term family shall not include a rooming house, club, fraternity, sorority or institutional and dormitory. [Approved 1-25-78, Item #12789-1; Approved 10-20-91, Item #19951-1]

FLOOR AREA OF A BUILDING. The sum of the gross horizontal areas of the several floors and mezzanine floors of a building and its accessory buildings on the same lot, excluding cellar and basement floor areas, but including the area of roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.

NET FLOOR AREA OF A BUILDING. The sum of the gross horizontal areas of the several floors and mezzanine floors of a building and its accessory buildings on the same lot excluding boiler and mechanical equipment rooms and storage rooms. All dimensions shall be measured between interior faces of the walls.

FLOOR AREA RATIO OF A BUILDING. The figure obtained by dividing the FLOOR AREA OF A BUILDING by its LOT AREA.

FOOD TRUCK. Any motor vehicle, as defined by Section 14-1 of the Connecticut General Statutes, equipped with facilities for cooking and selling food. [Approved 5-29-24, Item #36376-3]

GARAGE, PRIVATE. An accessory garage maintained primarily for the convenience of the occupant or occupants of the main building, and in which no business is carried on and no service is rendered to the general public.

GARAGE, PUBLIC PARKING. A garage available to the general public on payment of rent or charges in money and/or other consideration, in which no gasoline station or repair service is maintained.

GARDEN APARTMENT. One or an integrated group of townhouses or multi-family houses providing dwelling units for at least 3 families per building. [Approved 2-22-85, Item #16617-1, Approved 4-29-88, Item #18249-1; Approved 10-26-88, Item #18505-1]

[DELETED 4-18-17, Item #33769-3]

GRADE. The elevation from which the height of a building or structure is measured. Where no front yard is provided, the GRADE shall be the mean curb level in front of the building as defined in the Building Code of the City of New Britain. Where a front yard is provided, the GRADE shall be the average of the finished level of the ground at all corners of the building or structure.

HABITABLE ROOM. A room occupied by one or more persons for living, eating or sleeping; and includes kitchens serving apartments of individual households, but does not include bathrooms, water closet compartments, laundries, serving and storage pantries, corridors and spaces that are not used frequently or during extended periods.

HEALTH, FITNESS AND RECREATIONAL FACILITY. A freestanding building, on a site of not less than 86,000 square feet, offering, within the building, one or more of the following facilities for the development and maintenance of health, well-being and fitness: (a) swimming pool; (b) tennis, racquetball or squash courts; (c) gym; (d) exercise rooms and equipment; (e) classrooms; (f) physical therapy facilities; (g) showers, lockers and dressing rooms. [Approved 2-21-86, Item #17122-2]

HEAVY INDUSTRY. An industrial use with the potential for significant external effects, including noise, odor, and/or other noxious by-products and may involve frequent commercial vehicle access and outdoor storage of materials or products. [Approved 6-22-23, Item #36103-3]

HEIGHT. As applied to a building, means the vertical distance from GRADE to highest finished roof surface in the case of flat roofs, or to a point at the average height of roofs having a pitch of more than one foot in four and one-half feet.

HISTORICALLY SIGNIFICANT BUILDING. Historically significant building means any building or structure within the municipal boundaries which, in whole or in part, which has been determined by the historic preservation commission or other designated authority to be significant to the community based on one (1) or more of the following criteria:

1. The building or structure is listed on the State or National Register of Historic Places, or is partially or completely within the boundaries of any national, state or local historic district;

2. The building or structure has been determined by the State Historic Preservation Office and/or the National Park Service to be eligible for listing on the State or National Register of Historic Places;

3. The building or structure has documented associations with one (1) or more historic persons or events, or with the broad architectural, cultural, political, economic or social history of the town, the state or the nation;

4. The building or structure has documented historical or architectural importance in terms of period, style, method of construction, specific use, or association with a recognized builder or architect, either by itself or in the context of a group of buildings; or

5. Any property that is listed on the city of New Britain's 1996 "Grand List Historic Properties Survey". [Approved 3-16-23, Item #36000-3]

HOME OCCUPATION. Home offices in which household residents use their home as a place of work, with no employees, customers or clients coming to the site. Typical examples include office workers, writers, consultants, and artists. Home occupations are subject to the applicable provisions of Section 270-40-40.270. [Approved 3-16-23, Item #36000-3]

HOME PROFESSIONAL OFFICE. Home professional offices are home occupations in which household residents use their home as a place of work and in which either employees or customers come to the site. Typical examples include tutors, teachers, photographers, counselors, and real estate agents. Home professional offices are subject to the applicable provisions of Section 270-40-40.280. [Approved 3-16-23, Item #36000-3]

HOSPITAL. A building with beds for patients, used for the diagnosis, treatment or other care of human ailments.

HOTEL. A building, or portion thereof, containing rooms occupied primarily by transients who are lodged with or without meals, and in which are provided such services as are incidental to the use thereof as a temporary residence.

HOTEL, APARTMENT. A building or portion thereof containing one (1) or more room apartment suites with provisions for living, sanitary and sleeping facilities, and with or without cooking facilities in each suite, said suites to be occupied primarily by transient and/or semi-transient persons.

HOUSE TRAILER. A movable single family dwelling equipped with a vehicular chassis but lacking one or more of the following mechanical systems and equipment: plumbing, heating, electrical, cooking and refrigeration. See MOBILE HOME.

INDUSTRY, NON-NUISANCE. Any industry with no external effects on the environment in which it is located by reason of the emission of smoke, noise, odor, dust, vibration, excessive light, and/or other noxious by-products. Industry, non-nuisance uses include all craftsman industrial uses. [Approved 6-22-23, Item #36103-3]

JUNK YARD, LICENSED. A lot, land, or structure, or part thereof licensed by the municipality, and used primarily for the collecting, storage and sale of waste paper, rags, scrap metal or other scrap or discarded material; or for the collecting, dismantling, storage or salvaging of machinery or vehicles not in running condition, and for the sale of parts thereof.

LIGHT INDUSTRY. A use involving the production of goods from raw materials or the assembly of finished products that can result in limited negative external effects, noise, and/or other noxious by-products. [Approved 6-22-23, Item #36103-3]

LOT. A portion or parcel of land exclusive of street areas considered as a unit devoted or intended to be devoted to a certain use, or occupied by a building or structure, or by a group of buildings or structures that are united by a common interest or use, and the customary accessories and open spaces belonging to the same.

LOT AREA. The total horizontal areas included within LOT LINES.

LOT CORNER. A lot at the junction of and fronting on two or more intersecting streets.

LOT COVERAGE. The percentage of the LOT AREA that is occupied by the AREA OF BUILDING.

LOT, INTERIOR. Any lot other than a corner lot.

LOT LINE. Any boundary of a lot. Any lot line not a rear lot line nor a front lot line shall be deemed a side lot line. Side lot lines for their entire length shall be at right angles or radial to street lines or nearly radial as possible to provide reasonable equitable lot area.

Each side lot line shall contain one bearing and/or dimension only. [Approved 6-28-86, Item #17123-1]

LOT LINE, FRONT. The street line at the front of a lot. On a corner lot, the owner may specify the front lot line on the plot plan.

LOT LINE, REAR. The lot line generally opposite to the front lot line.

LOT, THROUGH. A lot extending from one street to another.

LOT WIDTH. The dimension measured from side lot line to side lot line, along a line parallel to the street line at the required minimum front yard depth.

MAIN USE, BUILDING, OR STRUCTURE. The principle or most important use, building, or structure on a lot.

MASSAGE. The word massage means any method of pressure on, or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external soft parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance with or without any such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, salts, or other similar preparations commonly used in this practice. [Approved 1-19-79, Item #13217-3]

MASSAGE ESTABLISHMENT. The term massage establishment means any establishment having a fixed business where any person, association, partnership, or corporation engages in or carries on, or permits to be engaged in or carried on, any of the activities pertaining to massage as defined in the Ordinance authorizing the licensing of massage establishments and massagists. [Approved 1-19-79, Item #13217-3]

MEDICAL MARIJUANA DISPENSARY. Medical Marijuana Dispensary shall mean a place of business where marijuana may be dispensed or sold at retail to qualifying patients and primary caregivers and for which the Connecticut Department of Consumer Protection has issued a dispensary facility permit to an applicant under the Act and Sections 21a-408-1 to 21a-408-70, inclusive of the Regulations of Connecticut State Agencies. [Approved 6-14-19, Item #34687-3]

MEDICAL MARIJUANA PRODUCTION FACILITY. Medical Marijuana Production Facility shall mean a secure, indoor facility where the production of marijuana occurs and that is legally operated by a person to whom the Connecticut Department of Consumer Protection has issued a producer license under the Act and Sections 21a-408-1 to 21a-408-70, inclusive of the Regulations of Connecticut State Agencies. [Approved 6-14-19, Item #34687-3]

MEMBERSHIP CLUB. A building, structure, lot or land area used as a private club or social organization not conducted for profit or gain.

MOBILE HOME. A movable single family dwelling equipped with a vehicular chassis and provided with all of the following mechanical systems and equipment: plumbing, heating, electrical, cooking, and refrigeration. See HOUSE TRAILER.

MOTEL. A building, or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units with direct outside access and related office, and with or without restaurant facilities, designed primarily for transient automobile travelers, and provided with accessory off-street parking facilities. The term MOTEL includes buildings designed as tourist courts, motor lodges, auto courts, and other similar appellations, but shall not be construed to include house trailers or mobile homes.

MULTIFAMILY HOUSE. A building (or portion thereof) containing three or more dwelling units. [Approved 4-29-88, Item#18249-1; Approved 10-26-88, Item #18505-1]]

NONCONFORMING BUILDING OR STRUCTURE. A building or structure lawfully existing at the effective date of this ordinance or any amendment thereto affecting such building or structure, which does not conform to the Dimensional Regulations of this ordinance for the District in which it is situated, irrespective of the use to which such building or structure is put.

NONCONFORMING USE. Any use of a building, structure, or lot or part thereof, lawfully existing at the effective date of this ordinance or any amendment thereto affecting such use, which does not conform to the Use Regulations of this ordinance for the District in which it is situated.

NURSERY SCHOOL. A school for five (5) or more enrolled children of less than kindergarten age, other than the children of the resident family, and not furnishing sleeping quarters except for the resident family.

OPEN SPACE. A portion or portions of the lot area or permitted substitute which is set aside for the benefit of the residents of the property. This definition contemplates, but is not limited to, such amenities as: suitably prepared recreational areas or facilities; unimproved areas which, by preservation, provide the amenity of a significant natural feature worthy of preservation; improved park-like areas or other uses that are consistent with the type of development and the goal of contributing to the general welfare and enjoyment of the residents (See Open Space Regulations in Section 230-130).

PARKING AREA. A lot or part thereof used for the parking of operable registered motor vehicles, with or without the payment of rent or charges in money and/or other consideration.

PARKING SPACE. A stall or berth which is arranged and intended for parking of one motor vehicle in a garage or parking area.

PAWN SHOP. An establishment where money is loaned on security of personal property left in pawn and pledged as collateral for the loan and where pawned property may be redeemed by the seller in a fixed period of time or sold to the general public. [Approved 2-2-14, Item #32578-3]

PLANNED RETAIL SHOPPING COMPLEX. A grouping of retail businesses; restaurants; personal service establishments—such as beauty shops, barber shops, nail salons; shoe repair, dry cleaner shops, etc.; bank branch offices and similar financial services; with such businesses sharing a single site with common parking. [Approved 1-27-07, Item #29357-2]

PLANNING, DIRECTOR OF. The planning director of the City Plan Commission of the City of New Britain, Connecticut.

PROFESSIONAL OFFICE. The office or studio of a doctor, dentist, lawyer, architect, engineer, auditor, real estate broker, insurance broker, teacher, or other similar uses where only services are provided.

A professional office shall not include the office of any person engaged in the purchase or sale of economic goods. [Approved 2-21-86, Item #17164-1]

PUBLIC OR SEMI-PUBLIC BUILDING. A building or structure used by the general public for civic, governmental, social or recreational purposes, without service yards or outdoor storage areas, and owned or operated by a governmental or non-profit organization or institution.

REAR DWELLING. A dwelling located on the same lot and to the rear of the main building for which the lot is used.

[DELETED 4-18-17, Item #33769-3]

RESEARCH LABORATORY. A building for experimentation in pure or applied research design, development, and production of prototype machines or devices or of new products, and uses accessory thereto: wherein products are not manufactured primarily for wholesale or retail sale, wherein commercial servicing or repair of commercial products is not performed, and where there is no display of any materials or products. A RESEARCH LABORATORY shall meet the standards of NON-NUISANCE INDUSTRY.

RESIDENTIAL CONDOMINIUM OR COMMON INTEREST OWNERSHIP COMMUNITY. An integrated group of townhouses, single family detached dwellings and/or multifamily houses, situated on a single lot, with land ownership rights as provided for in Connecticut General Statutes Sections 47-67, et seq., or Connecticut General Statutes Sections 47-200, et seq. [Approved 2-23-06, Item #28900-2]

ROOMING HOUSE. A private dwelling in which at least three (3) but not more than five (5) rooms are offered for rent, payable in money and or other consideration, whether or not table board is furnished to roomers, and in which a transients are accommodated and no public restaurant is maintained.

SAND OR GRAVEL PIT. A lot or land, or part thereof, used for the purpose of extracting sand, gravel, soil or sod for sale, as a commercial operation and exclusive of the process of legitimate excavation of a lot preparatory to the construction of a building.

SHORT-TERM RENTAL. The temporary rental of part or all of a dwelling unit for twenty-seven (27) consecutive calendar days or less. [Approved 12-18-24, Item #36551-3]

SIGN. Any kind of billboard, sign board, pennant, or other shape or device or display, used as an advertisement, announcement, or direction, including any text, symbol, lights, marks, letters, or figures painted thereon or painted on or incorporated in the composition of an exterior surface of a building or structure.

SIGN, ADVERTISING. A temporary or permanent sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the property and only incidentally upon the property if at all.

SIGN, ANNOUNCEMENT or PROFESSION. Name plate or sign designating permitted accessory use, such as doctor's office, home occupation, or similar use.

SIGN, BUSINESS, or IDENTIFICATION. Sign directing attention to a business, commodity service or other activity conducted on the premises upon which the sign is located.

SIGN, DIRECTIONAL. A sign on the premises which is incidental to the use which identifies entrance, and exits, parking areas, traffic flow, and hazards.

SIGN, REAL ESTATE. Sign advertising exclusively the sale, lease, rental or development of the premises upon which it stands or directing attention to the opening and location of a new subdivision or neighborhood.

SIGN, TEMPORARY. A sign used for a limited period of time, which directs attention to a special activity or entertainment, or one which indicates the location of a real estate subdivision.

SMOKE SHOP OR TOBACCO STORE. A retail establishment dedicated to the sale of tobacco and products and products containing tobacco or nicotine (including "e-cigarettes") and paraphernalia, and areas for the consumption of any smokeable products. The sale of cannabis and marijuana and products derived therefrom shall be explicitly excluded from sale in smoke shops or tobacco stores unless licensed to do so by the City of New Britain and the State of Connecticut. [Approved 12-18-24, Item #36632-3]

SPECIAL EXCEPTION USE. A use in one or more Districts specifically set forth and listed in the Zoning Ordinances, as amended, as special exception uses, which the Zoning Board of Appeals may grant, pursuant to the provisions of Section 270-40.

STORY. That portion of a building included between the surface of any floor and the floor or ceiling above it. If the finished floor level directly above a basement is more than six (6) feet above grade, such basement shall be considered a story. [Approved 10-26-88, Item #18505-1]

STREET. Any public thoroughfare (street, avenue, boulevard, park or space which has been dedicated or deeded to the public for public use.

STREET LINE. The dividing line between a lot and a street.

STRUCTURE. A combination of materials to form a construction that is safe and stable; including among others, stadiums, gospel and circus tents, reviewing stands, platforms, stagings, observation towers, radio towers, water tanks and towers, trestles, piers, wharves, sheds, coal bins, fences, and display signs; the term STRUCTURE shall be construed as if followed by the words "or part thereof".

SWIMMING POOL. A receptacle for water, whether of permanent construction or portable, or an artificial pool of water, having a depth at any point of more than twenty-four (24) inches, designed or intended for bathing or swimming by human beings and including all appurtenant equipment.

SWIMMING POOL, PRIVATE. A swimming pool accessory to a dwelling, multifamily house, hotel, motel, day camp or nursery school, and not operated as a separate business.

TOWNHOUSE. A dwelling attached to at least two other dwelling units and separated from them by one or two party walls extending from the ground to the roof. [Approved 10-26-88, Item #18505-1]

VARIANCE. A modification of the regulations of this ordinance granted on grounds of practical difficulties or unnecessary hardship, not self-imposed pursuant to the provisions of Section 270-50.

VEHICLE, COMMERCIAL. A vehicle used for business or industrial purposes. In determining such uses, the following factors shall be considered: registration as a commercial vehicle, having signage that indicates a non-residential uses, markings, racks or other apparent accessories indicating the vehicle is intended for use other than personal and/or recreational transportation. [Approved 1-24-95, Item #21923-1]

ITINERANT VENDOR. Any person, whether principal or agent, who engages in a temporary or transient business, either in one (1) location or traveling from place to place, selling goods, wares and merchandise, and who, for the purpose of carrying on such business, hires, leases or occupies any building or structure in the city for the exhibition and sale of such goods, wares and merchandise. Itinerant vendor operates a business serving food or drink from an establishment or conveyance without fixed location and without connection to water supply and sewage disposal systems. [Approved 5-29-24, Item #36376-3]

YARD, FRONT. An open unoccupied space on the same lot with a building situated between the nearest roofed portion of the building and the front lot line of the lot and extending from side lot line to side lot line.

YARD, REAR. A space on the same lot with a building situated between the nearest roofed portion of the building and the rear lot line of the lot, and extending from side lot line to side lot line.

YARD, SIDE. An open unoccupied space on the same lot with a building situated between the nearest roofed portion of the building or of any accessory building and the side lot line of the lot, and extending through from the front yard or from the front lot line where no front yard exists, to the rear yard or to the rear lot line where no rear yard exists.

YARD, TRANSITIONAL. An open unoccupied space with no structures, planted in such a manner as to effectively screen uses on the property and on adjoining properties so that they cannot be observed by a person standing on the ground level in the adjacent zones during any season of the year. A transitional yard can, where applicable, be concurrent with a required side or rear yard.

ACCESSORY DWELLING UNIT. A residential unit subordinate to the primary residence on a single-family home parcel. [Approved 12-15-22, Item #35886-3]

ADULT BOOKSTORE OR VIDEO STORE. An establishment having 25% or more of its floor area used for the display of books, films, video cassettes, or magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or Specified Anatomical Areas" as defined herein, and in conjunction therewith has facilities for the presentation of adult material or adult entertainment, as defined herein, and including adult-oriented films, movies or live entertainment, for observation by patrons therein. [Approved 3-13-98, Item #23533-6]

ADULT CABARET. An establishment such as but not limited to a nightclub, bar, restaurant, or similar establishment, whether or not alcoholic beverages are served, that regularly features live performances that are characterized by the exposure of "Specified Anatomical Areas" or by "Specified Sexual Activities", as defined herein, or films, motion pictures, video cassettes, slides or other photographic reproductions in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by any emphasis upon the depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas", as defined herein, for observation by patrons therein. [Approved 3-13-98, Item #23533-6]

ADULT ENTERTAINMENT. Adult Entertainment shall mean and include any exhibition of any adult-oriented motion pictures, live performance, display or dance of any type which has as a significant or substantial portion of such performance any actual or simulated performance of "specified sexual activities" or exhibition and viewing of "specified anatomical areas", removal of articles of clothing or appearing unclothed, pantomime, modeling, or any other personal services offered customers. It also includes any amusement machine that is regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", as defined herein, for observation by patrons therein. [Approved 3-13-98, Item #23533-6]

ADULT MATERIAL. Shall include but is not limited to accessories, books, films, video cassettes, or live entertainment, for observation by patrons therein, or magazines and other periodicals or any combination thereof which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas" as defined herein. [Approved 3-13-98, Item #23533-6]

ADULT MINI-MOTION PICTURE THEATER. An enclosed building with a capacity for less than fifty (50) persons regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas", as defined herein, for observation by patrons therein. [Approved 3-13-98, Item #23533-6]

ADULT MOTION PICTURE THEATER. An enclosed building with a capacity for more than fifty (50) persons regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas", as defined herein, for observation by patrons therein. [Approved 3-13-98, Item #23533-6]

ADULT-ORIENTED ESTABLISHMENT. Shall include, without limitation, "adult bookstores or video stores", "adult motion picture theaters", "adult mini-motion picture theaters" and further means any premises to which the public, patrons or members are invited or admitted and which are so physically arranged as to provide booths, cubicles, rooms, studios, compartments, or stalls separate from the common areas of the premises for the purpose of viewing adult-oriented motion pictures, adult cabaret, or wherein an entertainer provides adult entertainment to a member of the public, a patron or a member, when such adult entertainment is held, conducted, operated or maintained for a profit; direct or indirect. An "adult-oriented establishment" further includes, without limitation, any "adult entertainment studio" or any premises that are physically arranged and used as such, whether advertised or represented as an adult entertainment studio, rap studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio or any other term or like import. [Approved 3-13-98, Item #23533-6]

SPECIFIED ANATOMICAL AREAS shall mean:

A. Less than completely and opaquely covered: a) human genitals, pubic region; b) buttock(s), anus; c) female breast(s) below a point immediately above the top of the areola; and

B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. [Approved 3-13-98, Item #23533-6]

SPECIFIED SEXUAL ACTIVITIES shall mean simulated or actual:

A. Showing of human genitals in a state of sexual stimulation or arousal;

B. Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sado-masochistic abuse, fellatio or cunnilingus;

C. Fondling or erotic touching of human genitals, pubic region, buttock(s), anus or female breast(s);

D. Lap Dancing;

E. Excretory functions as part of or in connection with any of the activities set forth in subsections (A) through (D).

As used in these regulations, the term "Specified Sexual Activities" is not intended to include any medical publications or films or bona fide educational publication or films, nor does it include any art or photography publications which devote at least twenty-five percent (25%) of the lineage of each issue to articles and advertisements dealing with subjects of art or photography. Nor does this definition apply to any news periodical which reports or describes current events and which, from time to time, publishes photographs of nude or semi-nude persons in connection with the dissemination of the news. Nor does this definition apply to publications or films which describe and report different cultures and which from time to time publish or show photography or depiction of nude or semi-nude persons when describing cultures in which nudity or semi-nudity is indigenous to the population. [Approved 3-13-98, Item #23533-6]

MOTOR VEHICLE FUELING STATION. A building or other structure or a tract of land where gasoline or similar fuel, stored only in underground tanks, is dispensed directly to users of motor vehicles. While the following activities are permitted as accessory uses to a service or fuel station, the dispensing of oil, greases, antifreeze, windshield wipers, and other such minor automobile accessories sold directly to users of motor vehicles, the term service or fueling station shall not be construed to allow auto sales or repairs, upholstering work, auto glass work, auto dismantling, tire recapping, tire sales, automobile washes, etc., unless such use has been specifically permitted at the location as part of an overall site plan and has received such special exception and location approval, as required. [Approved 4-18-17, Item #33769-3]

MOTOR VEHICLE RENTAL OR LEASING AGENCY. A commercial facility that offers motor vehicles, including automobiles, limousines, trucks and trailers for rent for specific periods of time, for personal or business use, with or without a driver or chauffer service. [Approved 4-18-17, Item #33769-3]

MOTOR VEHICLE REPAIR GARAGE. A building or facility in which the business of licensed motor vehicle repair and service is conducted. The term "automobile repair garage" shall not be construed as permitting the operation of any type of automotive repair business that is not duly licensed and in compliance with applicable provisions of Connecticut General Statutes 14-52a as they relate to "general repairer" or "limited repairer", nor shall it allow any form of auto wrecking, recycling or reclamation business; nor the storage of obsolete, dismantled or wrecked motor vehicles, or parts thereof, for any period of more than 45 days. [Approved 4-18-17, Item #33769-3]

MOTOR VEHICLE SALES LOT. A property arranged, designed, or used for the storage and display for the sales of any type of motor vehicle and where any repair work performed is principally repair and preparation of the motor vehicles displayed and sold on the premises. The term "automobile sales lot" shall not be construed as permitting the operation of any automotive sales business that is not duly licensed and in compliance with applicable provisions of Connecticut General Statutes 14-52(a) as they relate to "new car dealers" or "used car dealers", nor shall it allow the storage of obsolete, dismantled or wrecked motor vehicles, or parts thereof, for any period of more than 45 days. [Approved 4-18-17, Item #33769-3]

MOTOR VEHICLE SERVICES - UNLICENSED. Any business engaged in the minor automotive repairs and services allowed to be performed as an unlicensed activity pursuant to Connecticut General Statutes 14-51(b), including the lubricating of motor vehicles, adding or changing of oil or other motor vehicle fluids, the sale and changing of tires and tubes, including the balancing of wheels, the installation of batteries and light bulbs, windshield wiper blades or drive belts, auto cleaning and detailing, upholstering work, auto glass tinting, sales and installation of accessories, custom and aftermarket parts and trim, vehicle wraps, etc. [Approved 4-18-17, Item #33769-3]

MOTOR VEHICLE TOWING AND STORAGE LOT. A property arranged, designed, or used for the storage of any type of motor vehicle and operated as part of a business engaged in towing or transporting and storing motor vehicles, including motor vehicles which are disabled, inoperative or wrecked or are being removed in accordance with the provisions of Sections 14-145, 14-150 or 14-307 of Connecticut General Statutes. [Approved 4-18-17, Item #33769-3]

MOTOR VEHICLE WASH OR AUTOMATIC CAR WASH. A building or structure where chain conveyors, blowers, steam cleaners and other mechanical devices are employed for the purpose of washing motor vehicles. [Approved 4-18-17, Item #33769-3]

MOTOR VEHICLE WRECKING OR RECYCLING BUSINESS. Any business and any place of storage or deposit, whether in connection with another business or not, which has stored or deposited two or more unregistered motor vehicles which are no longer intended or in condition for legal use on the public highways, or used parts of motor vehicles or old iron, metal, glass, paper, cordage or other waste or discarded or secondhand material which has been a part, or intended to be a part, of any motor vehicle, the sum of which parts or material shall be equal in bulk to two or more motor vehicles. Said terms shall also include any place of business or storage or deposit of motor vehicles purchased for the purpose of dismantling the vehicles for parts or for use of the metal for scrap and where it is intended to cut up the parts thereof. The term "motor vehicle wrecking or recycling business" shall not be construed as permitting the operation of any recycling, reclamation or salvage business that is not duly licensed and in compliance with applicable provisions of Connecticut General Statutes 14-67i as they relate to "motor vehicle recycler's business" or "motor vehicle recycler's yard". [Approved 4-18-17, Item #33769-3]

PUBLIC UTILITY FACILITY. Electric substation, transmitting, switching, distribution or relay station, telephone exchange, water and sewage pumping stations; other similar or related uses.