For the purpose of these Regulations, certain terms and words shall have the meaning given herein. Words used in the present tense include the future; the singular includes the plural; the word "lot" includes the word "building"; and the words "building," "structure," "lot," or "premises" shall be construed as though followed by the words "or any portion thereof," and the word "shall" is always mandatory and not merely directory. Words not defined herein shall have commonly accepted definitions.

The following words or terms used in these Regulations shall have the listed meanings, where not otherwise provided:

The visible or otherwise apparent intention of an owner to discontinue a non-conforming use of a building or premise, or the removal of the characteristic equipment or furnishing used in the performance of the non-conforming use, without its replacement by similar equipment or furnishings; or the replacement of the nonconforming use or building by a conforming use or building.

A part of the lot, owned in fee simple by the lot owner, used as an extended driveway to a single interior lot.

Porches, sun parlors, steps, hatchways and other horizontal projections, which are a part of the building.

A secondary residential unit located either within part of a building used as a principal residence or in an accessory building.

A Building that is clearly subordinate and smaller in ground area and volume than the principal structure on the property except in connection with an agricultural use. In order to assist in the interpretation of this definition, trailers, cargo containers, crates, railroad cars, pleasure craft, and the like are not customarily incidental to structures and uses on residential or commercial lot.

A structure detached from a principal building located on the same property and customarily incidental and subordinate to a permitted principal building or use.

A use customary, incidental and clearly subordinate to primary use and located on the same lot as the primary use.

For the purpose of these Regulations, an acre is defined in 43,560 square feet; unless otherwise noted in the Regulations, all measurements will be in full survey dimensions.

A program of employment opportunities and day services for adults with mental retardation provided by contract with the State of Connecticut Department of Mental Retardation pursuant to Connecticut General Statutes Section 17a-226 and including the following programs operated or funded by the Department of Mental Retardation for adults: supported employment, sheltered employment, community experience, adult day treatment and opportunities for adults.

Shall include cultivation of the soil, dairying, raising or harvesting certain agricultural or horticultural commodity, including the raising, shearing, feeding and caring for livestock, including horses, bees, poultry, and boarding of horses; the operating, management, conservation, improvement or maintenance of a farm and its buildings, tools and equipment; or for direct sale of any agricultural or horticultural commodity as incident to ordinary farming operation or in the case of fruits and vegetables, as incident to the preparation of such fruits and vegetables for market or for direct sale. The term farm includes farm building, and accessory building thereto, nurseries, orchards, greenhouse or other structures used primarily for the raising and; as incident to ordinary farming operations, the sale of agricultural or horticultural commodities.

Any contrivance used or designed for navigation of or flight in air, including: (a) airplanes, meaning power driven fixed-wing aircraft, heavier than air, supported by the dynamic reaction of the air against its wings, (b) gliders, meaning heavier than air aircraft, the free flight of which does not depend principally upon a power-generating unit, and (c) rotor craft, meaning power driven aircraft, heavier than air, supported during flight by one or more rotors.

"Alcoholic liquor" or 'alcoholic beverage" as defined at Conn. Gen. Stat. Section 30-1.

Any construction, reconstruction, or other action resulting in a change in the structural parts or height, number of stories, size, use or location of a building or other structure.

A habitable attic is an attic which has a stairway as a means of access and egress and in which the ceiling area at a height of 7 feet 6 inches (7'6") above the attic floor, is not more than one-third (1/3) of the area of the next floor below.

A specialized counter or other area in which Alcoholic Liquor is served by a bartender directly to patrons sitting or standing at a counter or dedicated area and where the Alcoholic Liquor is consumed at said counter or dedicated area without the simultaneous consumption of a meal.

Structures that have been primarily committed to Agriculture uses.

A bed and breakfast means a transient lodging consisting of a room or rooms for visitors in a dwelling house. This use shall not be permitted in an accessory building.

The Zoning Board of Appeals of the Town of Roxbury, Connecticut.

Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals, or any other property.

20.20.1.

Solar energy collector systems mounted on the ground shall not be considered buildings.

20.20.2.

Roof shall include an awning or any similar covering, whether or not permanent in nature.

20.20.3.

Building may be portable or fixed.

A detached subordinate building, the use of which is customarily incidental and subordinate to that of the principal building, and which is located on the same lot as that occupied by the principal building.

That portion of a lot which is covered by a projection of the outermost limits of a building or structure on to the ground surface, but not including solar energy collection systems mounted on the ground.

The retail sale of goods and services primarily to meet the needs of the residents of Roxbury.

A camper is a mobile unit on a chassis, permanently mounted on wheels, or a mobile unit capable of being mounted on and moved by another vehicle such as a pickup camper unit, and intended for seasonal or short duration use; length of unit not more than twenty-seven (27) feet, width not more than eight (8) feet.

Where the regulations refer to the "character" or retaining the character of a district, neighborhood, community or surrounding area, "character" is defined by the rural and other physical site features that provide a sense of place including natural features such as soil types, terrain, slopes, ridgetops, horizon lines, rock outcroppings, watercourses, ponds, rivers, flood plains, wetlands, stream belts, endangered species, wildlife habitat, prime and important farmland soils, pastures, and other unique and fragile features including stone walls, tree-lined roads, dirt roads, scenic views, hillsides and valleys, forests, meadows and by streetscapes, historic structures, features and settings and other architectural elements of the particular area or zone; where these regulations refer to the "character" of a proposed use and harmony of that use with the Town, district or neighborhood, character is defined by the location, type, size, scale, proportion, appearance and intensity (as per legal definition) of the proposed use.

(Ord. of 7-29-2022)

A place used for the care, diagnosis and treatment of sick, ailing, or injured persons or animals and those who are in need of medical or surgical attention but who are not provided with board or room or kept overnight on the premises.

(Ord. of 7-29-2022)

A commercial kennel is one, which provides for compensation, services for dogs not owned by the kennel proprietor. Such services include but are not limited to boarding, training or grooming.

(Ord. of 7-29-2022)

A commercial trailer is a large, heavy trailer using a ring and pin, fifth wheel, or similar connection, and shall include mobile office trailers.

(Ord. of 7-29-2022)

The Zoning Commission of the Town of Roxbury.

(Ord. of 7-29-2022)

The architectural or landscape style and predominant plant material within visual site distance or two thousand (2,000) feet, whichever is less, of the housing site will be surveyed and evaluated to be consistent with landscape and architectural form compatibility with adjacent style and form may be required.

(Ord. of 7-29-2022)

In contact, touching, adjoining.

(Ord. of 7-29-2022)

A business primarily engaged in the small scale (volume not to exceed 100,000 gallons per calendar year) on-site production of alcoholic liquors or beverages including alcohol, beer, wine, spirits, mead and cider as those beverages are defined under Section 30-1 of the General Statutes. This use includes on-site mashing, fermentation, processing, blending, aging, bottling, storage, packaging and distribution with finished product to be sold at wholesale and/or retail sales for consumption off-premises and sales of related merchandise; further, alcoholic beverages produced on-site may be provided as free tastings with or without a nonalcoholic beverage, sold for off-site consumption, and sold for on-site consumption provided that eighty percent (80%) of gross sales revenues of alcoholic beverages are derived by Alcoholic Beverages produced on-site. Accessory uses may include related offices, tours, tastings in Tasting Rooms and special events.

(Ord. of 7-29-2022)

The permanently established grade of the street in front of the lot. When the lot level is higher than the curb level, the average level of the former along the wall in question may be taken on the base for measuring the height. When a lot faces on two or more streets, the curb level of the higher street shall be taken as the base for measuring height.

(Ord. of 7-29-2022)

A building or portion thereof containing the complete housekeeping facilities for one family only.

(Ord. of 7-29-2022)

Any number of individuals, related by blood, legal adoption or marriage, living and cooking together in a single housekeeping unit, including, in addition, not more than four (4) lodgers or roomers taken for hire; or group of individuals, of not more than six (6) persons not related by blood or marriage, but living together in a single housekeeping unit. In each instance the family shall be understood to include the necessary servants. Immediate family shall include only parents, grandparents, children, grandchildren, sisters and brothers.

(Ord. of 7-29-2022)

A constructed barrier of wood, stone, or any other material or combination of materials that is erected to enclose, screen or separate an area. The height of a fence is measured from the existing ground level, prior to any excavation or filling, to the top of the fence.

(Ord. of 7-29-2022)

The nearly level alluvial plain that borders a stream that is subject to flooding.

(Ord. of 7-29-2022)

All the floor space contained within a building but shall not include areas below grade when devoted to the uses:

20.38.1.

Mechanical spaces.

20.38.2.

Parking.

20.38.3.

Storage (when related to principal use of the building): Enclosed porches, attached greenhouses and other attached structures may be counted only when they utilize passive solar heating and are constructed with double-glazed windows covering an area equal to at least ten percent (10%) of the floor area of the space enclosed by the walls of the building.

(Ord. of 7-29-2022)

The ratio of the floor area of a building to the total lot area on which the building is located.

(Ord. of 7-29-2022)

That part of the perimeter of a lot which abuts a road. Calculation of frontage shall not include access way or rights-of-way.

(Ord. of 7-29-2022)

A building or structure for the storage or parking for profit of motor vehicles and related equipment, motor powered boats, or commercial motor vehicles, and for the repairing of, or dispensing fuel to motor vehicles.

(Ord. of 7-29-2022)

A garage for motor vehicles without provision for repairing or servicing such vehicles for profit.

(Ord. of 7-29-2022)

A reference plane representing the average of finished ground level adjoining the building at all exterior walls. When the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or when the lot line is more than six (6) feet from the building, between the building and a point six (6) feet from the building.

(Ord. of 7-29-2022)

Guesthouses are residential buildings not used as permanent residences and which have no kitchen facilities.

(Ord. of 7-29-2022)

The vertical distance from the "grade plane" measured six (6) feet from the building or structure to the highest point of a flat or mansard roof or to the mean level between the highest eaves and the ridges for gable, hip or gambrel roofs.

(Ord. of 7-29-2022)

The height limitations of these Regulations shall not apply to penthouses, cupolas, church spires, church belfries, and church domes that are not used for, or intended for, human occupancy, nor to chimneys, silos, or antennae (excluding satellite dishes), except as may be otherwise specifically provided in these Regulations. Such features, however, must be an integral part of the primary structure, must occupy in the aggregate no more than twenty-five (25%) of the building area, must not be used for, or intended for, human occupancy, and may be erected only to such heights as are reasonable and necessary to accomplish the purposes they are intended to serve. Cupolas and penthouses open to lower levels must include approved smoke detectors.

(Ord. of 7-29-2022)

The absolute maximum height allowed for all structures not enumerated in "Height Limitations" in all zones with the exception of accessory buildings, for which the absolute maximum height allowed is twenty-four (24) feet. No structure in any zone shall exceed two and one half (2½) stories.

(Ord. of 7-29-2022)

Any structure that has historic significance evidenced by age (built before 1963). architecture, cultural value, notable occupants, or important events, including any house, barn, or other structure cited in the Historical and Architectural Resource Survey of the Town of Roxbury, Connecticut, by Jan Cunningham and Elizabeth Warner; Barn Stories From Roxbury, Connecticut: A Survey and Oral History, by Rachel D. Carley and James Sexton; the Connecticut State Register of Historical Places; the National Register of Historic Places, or any structure that is under the jurisdiction of the Roxbury Historic District Commission. To be deemed a Historic Resource, a structure should contribute to the character of the Town and represent a cultural benefit to the community if preserved.

(Ord. of 7-29-2022)

An accessory use conducted for financial gain within a dwelling or accessory building on the same lot by the residents of the dwelling unit, which use is incidental and subordinate to the dwelling use.

(Ord. of 7-29-2022)

A lot that does not meet the frontage requirement for a conforming lot as defined elsewhere in these Regulations.

(Ord. of 7-29-2022)

As defined in the General Statutes of Connecticut.

(Ord. of 7-29-2022)

A single parcel of land lawfully occupied or capable of being lawfully occupied by a building(s) and appropriate accessory uses, including such open spaces as are required by these Regulations and such other open spaces as are used in connection with the building(s).

20.52.1.

An area or parcel of land, not including water area.

20.52.2.

For the purposes of these Regulations, a lot may or may not have boundaries identical with those recorded in the office of the Town Clerk of Roxbury.

(Ord. of 7-29-2022)

The actual area in square feet enclosed by the boundaries of the lot.

(Ord. of 7-29-2022)

A lot at the point of intersection of and abutting on two or more intersecting streets, the angle of intersection being not more than 135 degrees.

(Ord. of 7-29-2022)

The mean horizontal distance between the front line and the rear lot line.

(Ord. of 7-29-2022)

The property line dividing a lot from a street (right of way). On a corner lot only one street line shall be considered as a front line and the shorter street frontage shall be considered the front line, except in those cases where the latest deed restrictions specify another line as the front lot line.

(Ord. of 7-29-2022)

The line bounding a lot at the rear and approximately parallel to and at the maximum distance from the front lot line.

(Ord. of 7-29-2022)

Any lot line not a front or rear lot line.

(Ord. of 7-29-2022)

A lot lawfully existing at the effective date of these Regulations, or any subsequent amendment thereto, which is not in conformity with all provisions of these Regulations.

(Ord. of 7-29-2022)

The horizontal distance between the side lot lines as measured at the required front yard depth which may or may not coincide with the actual front setback line.

(Ord. of 7-29-2022)

An accessory structure, also commonly known as a hoop house, composed of a membrane material, such as canvas, plastic, or other fabrics, that is supported by a rigid framework of metal, plastic, or other material, and that is used for temporary special events, such as weddings, parties, charitable events, garden tours, and similar activities, and to provide non-commercial storage for vehicles, boats, recreational vehicles, and other personal property.

(Ord. of 7-29-2022)

A mobile home is a movable or portable dwelling built on a chassis, and which is, has been, or may be, mounted or moved on wheels, connected to utilities, and designed without a permanent foundation for year-round occupancy and exceeding nineteen and one half (19.5') feet in length.

(Ord. of 7-29-2022)

Any vehicle that is self-propelled by a battery-powered, electric, or internal combustion engine, and that is permitted and requires a valid registration legally issued by a governmental authority in order to be operated on a public way, and that is consistent with the definition of "motor vehicle" at Connecticut General Statutes Section 14-1(50). A motor vehicle shall include but not be limited to automobiles, trucks, buses, motor homes, motorized campers, and motorcycles.

(Ord. of 7-29-2022)

Any motor vehicle operated upon any street or highway or on call or demand accepting or soliciting passengers indiscriminately for transportation for hire between such points along streets or highways as may be directed by the passenger or passengers so being transported, or any motor vehicle used by any person, association or corporation which represents itself to be in the business of transporting passengers for hire. A Motor Vehicle for Hire includes the terms "taxicab" and "motor vehicle in livery service" as those terms are defined in the Connecticut General Statutes.

(Ord. of 7-29-2022)

A continuous use of land or of a structure which is currently not a permitted use in the district in which it is located, but which either legally existed at the time there Regulations were first established, or which was a permitted use under these Regulations prior to their being amended. A use which is permitted by variance shall be deemed to be a permitted non-conforming use.

20.65.1.

Non-Conforming Structure: A structure that does not conform to one or more of the standards required in the zoning district in which it is located, such as setback, coverage, floor area, and height.

20.65.2.

Non-Conforming Lot: A parcel of land that does not meet the requirements of the zoning district in which it is located such as, but not limited to, area, shape, frontage, depth, width, or access.

(Ord. of 7-29-2022)

An organization exempt from federal Income Tax under Section 501(c) of the Internal Revenue Code.

(Ord. of 7-29-2022)

Any lands devoid of buildings or roofed structures. Lands which are used for park, natural areas, forests, wildlife habitat, wetlands preservation, etc.

(Ord. of 7-29-2022)

Any premises or portion thereof where there is conducted the retail sale of Alcoholic Liquor only in sealed bottles or other containers and not be consumed on the premises and any use of a premises which would require a Package Store Permit under Conn. Gen. Stat. Section 30-20.

(Ord. of 7-29-2022)

An open space used for parking motor vehicles exclusively, in which no gasoline or motor vehicle accessories are sold or no other business is conducted.

(Ord. of 7-29-2022)

Any container that is designed for the temporary storage of personal property and that is typically rented to owners or occupants of property for their storage use, and that is delivered and/or removed by truck trailer.

(Ord. of 7-29-2022)

An area licensed by the Connecticut Department of Transportation for the takeoff, landing and storage of aircraft, and covering the terms "airstrip", "landing strip" and similar terms designating an area for the uses mentioned above; for private, non-commercial purposes.

(Ord. of 7-29-2022)

A road owned in fee simple by a Homeowners Association leading from a previously-accepted street, road, or State highway to one or more interior lots or access ways in a Large Lot Interior Zone.

(Ord. of 7-29-2022)

A legal Town and/or State Highway; shall mean and include streets, avenues, boulevards, roads, lanes, highways, places and any other thoroughfares which afford a principal means of access to abutting property, which are accepted by the Town or the State, and improved to a degree of traffic safety.

(Ord. of 7-29-2022)

A building in which living, cooking and sleeping accommodations are provided.

(Ord. of 7-29-2022)

A business, located within a building that primarily serves meals and beverages to the public for consumption only at tables.

(Ord. of 7-29-2022)

Stores and shops which sell commodities to the ultimate consumer provided, however that the commodities or merchandise sold consists of one or more of the following: antiques, art supplies, bakery products, barber shop, beauty shop, camera supplies, clothing, drugs, drygoods, appliances, books, auto service station items, flowers, furniture and interior decorating, garden and farm supplies, gifts, groceries, food, beer, hardware, household goods, Jewelry, luggage, medicines, music, newspapers and magazines, notions, office supplies, real estate shop, shoes, and shoe repairing, sporting goods, stationery, toilet articles, toys, and such light shopping goods as are customarily sold as retail merchandise excluding the sale of beer for consumption on the premises.

(Ord. of 7-29-2022)

Right of passage over a piece of land legally established and by deed recorded in the office of the Town Clerk or established by custom or passage of time and susceptible to legal description or location and configuration.

(Ord. of 7-29-2022)

A road surface which has been designed and constructed to be utilized under dry, wet, freezing and thawing condition; and safe from flooding or undercutting.

(Ord. of 7-29-2022)

The blades plus the hub to which the blades of a windmill are attached.

(Ord. of 7-29-2022)

The setback is the shortest distance from a structure to a lot line or to a public right of way (not necessarily the improved street line) or private right of way if the right of way encroaches into the lot. It is measured as a straight level line. Chimneys, balconies, bay windows, porches, decks, basement hatchways, cantilevers, utility pads, propane tanks, gable end projections, and entry steps or stoops are part of the structure to which they are attached and must meet all setback requirements as enumerated in Section 3. Roof overhangs, eaves, cornices, and gutters and leaders that extend less than 24 inches from the structure are not counted in the setback calculation. Structures that are exempt from the setback requirements are flagpoles, mailboxes, lampposts, fences (including stone walls) that conform to Section 3.5 of these Regulations, and meter pods and utility boxes that conform to Sections 5.1.5 and 5.3.1, of these Regulations, provided that meter pods and utility boxes are exempt only if required to be located within the Setback by the applicable utility company

(Ord. of 7-29-2022)

Any structure, which is used for visual communication to attract the attention of the public but does not include the flag, pennant or insignia of any government or governmental agency.

(Ord. of 7-29-2022)

Any system, design, assembly or device which is used to collect, store, and distribute energy derived from the sun for the purpose of heating or cooling the interior spaces of buildings or for heating domestic hot water or swimming pools. Solar energy systems may include but are not limited to solar collectors, solar reflectors, heat storage tanks, South facing greenhouses utilizing double glazing and South facing double glazed window walls.

(Ord. of 7-29-2022)

An activity sponsored by the Town Roxbury, Town Commissions, Roxbury Volunteer Fire Department, Roxbury Ambulance Association, and Roxbury School.

(Ord. of 7-29-2022)

That portion of a building included between the upper surface of the floor and roof next above.

20.84.1.

Half Story: For the purpose of determining the number of stories in a structure, a half story shall mean the highest most story of the structure, and having a stairway located within the wall of the building, and having a floor area with a ceiling height of at least seven feet six inches (7' 6"), equal to no more than fifty percent (50%) of the gross floor area immediately below.

(Ord. of 7-29-2022)

Any story having its finished floor surface entirely above grade except that a basement shall be considered as a story above grade when the finished surface above the basement is:

20.85.1.

More than six (6) feet above grade plane

20.85.2.

More than six (6) feet above the finished ground level for more than fifty percent ( 50%) of the total building perimeter or

20.85.3.

More than twelve (12) feet above the finished ground level at any point.

(Ord. of 7-29-2022)

Are natural environmental corridors based on soil capabilities that occur on either bank of a watercourse. The areas and boundaries of a streambelt are determined by the capabilities and limitations of the soil types that are present. Topography and flood hazard areas are also considered when determining the boundaries of a stream belt.

(Ord. of 7-29-2022)

The dividing line between the highway limits and the lot.

(Ord. of 7-29-2022)

Anything that is constructed or erected and has a fixed location on the ground or is attached to something that has a fixed location on the ground. Structures include, but are not limited to, fences (including stone walls), ground-mounted mechanical units, central air conditioning units, generators, swimming pools and swimming pool filters, tennis courts, towers, paddle- or platform-tennis courts, gas or liquid storage tanks that are principally above-ground, satellite dishes, above-ground electric service pedestals or platforms and the like, balconies, open entries, porches, decks, signs, permanent awnings, ground-mounted antennas, ground-mounted solar panels, satellite dishes, and flagpoles. Handicapped access rams are not considered structures provided that such ramps are designed to limit the encroachments into the setback as much as feasible considering the intended purpose. All structures are considered permanent and are governed by these Regulations for the purpose of determining setbacks and yard areas, unless otherwise stated in Section 20.79 Setback.

(Ord. of 7-29-2022)

A structure of concrete, steel, fiberglass, plastic or other relatively impervious material intended for bathing or swimming purposes, located either indoors or outdoors and provided with controlled water supply usually exceeding two hundred and fifty (250) square feet surface area, and twenty-four (24) inches deep. The pool and surrounding area is to meet State Regulations for safety.

(Ord. of 7-29-2022)

The sale of personal household goods conducted by the Town of Roxbury, or by the owner of those goods and at the owner's residential premises, or by the owners of those goods as part of a group sale by Roxbury residents at the residential premises of one of those residents, in conjunction with the cleaning out or vacating of residential premises in Roxbury, "Tag Sale" shall also include "garage sale," "barn sale," "yard sale," "estate sale," and other similar activities with the same residential premises and ownership limitations.

(Ord. of 7-29-2022)

Areas at a Craft Brewery, Distillery or Winery which are maintained and operated for tastings by and for said business as follows: Alcoholic beverages produced on-site may be provided as free tastings with or without a nonalcoholic beverage, sold for off-site consumption and sold for on-site consumption provided that 80% of gross sales revenues of alcoholic beverages are derived by alcoholic beverages produced on-site. If a Craft Café Permit is obtained from the State for said premises, then pre-packaged food may be made available for sale on-site, providing however, if a restaurant including Craft Café with on-site food preparation or other on-site food preparation-operation is applied for, then all building, health and other regulations including these Zoning Regulations must be met before such activity is allowed.

(Ord. of 7-29-2022)

The Town of Roxbury, Connecticut.

(Ord. of 7-29-2022)

A treehouse is defined as a structure which utilizes one or more trees for all or part of its anchoring system to the ground.

(Ord. of 7-29-2022)

An open area on the same lot as a structure, and that lies between said structure and the nearest lot line, and that is unoccupied except as may be specifically authorized in these Regulations. In measuring a yard as hereafter provided, the line of the structure shall be deemed to mean a line parallel to the nearest lot line, drawn from a point of structure nearest to such lot line. Such measurement shall be taken at right angle from the line of the structure, as defined herein, to the nearest lot line. Structures that are exempt from the Yard requirements are flagpoles, mailboxes, lampposts, fences (including stone walls) that conform to Section 3.5 of these Regulations, and meter pods and utility boxes that conform to Sections 5.1.5 and 5.3.1. of these Regulations, provided that meter pods and utility boxes are exempt only if required to be located within the Setback by the applicable utility company.

20.94.1.

A yard extending across the full width and/or length of the lot and lying between the front line and the nearest line of a structure.

20.94.2.

Yard, Rear. A yard extending across the full width of the lot and lying between the rear lot line and the nearest line of a structure.

20.94.3.

Yard, Side. A yard between the sideline of a lot and the nearest line of a structure and extending from the front yard to the rear yard, or in the absence of either such yards, to the front or rear lot line, as the case may be.

(Ord. of 7-29-2022)