Words contained in these regulations shall have the usual dictionary definition except for those terms specifically defined below.

Abandonment. The relinquishment of property, or a cessation of the use of the property, by the owner with the intention of neither transferring rights to the property to another owner nor resuming of the use of the property.

Abutter. The owner(s) of land adjacent to the subject parcel, within a radius of one hundred (100) feet from a property line, or a distance prescribed in Connecticut General Statutes Section 8-8(a)(1), whichever is greater, including land across any road, street, highway, river, stream, cove, or brook.

Accessory building. A building or structure (garage, shed, barn, gazebo or of similar nature), detached from and located on the same lot as the principal building and used for a purpose customarily incidental, subordinate or in support of the principal building.

Accessory building lot coverage. The total, combined area of all accessory buildings as it relates to an area of land contained within a parcel or a building lot.

Accessory dwelling unit. Defined as a separate dwelling unit that is:

(1)

Located on the same lot as the Principal Dwelling of greater square footage,

(2)

Has at least a food preparation area, sleeping area and bathroom and

(3)

Either complies with or is otherwise exempt from applicable Building, Fire and/or Health Codes.

Accessory use. A use customarily incidental and subordinate to the principal use conducted on the same lot, whether conducted in an accessory building or structure or in the open.

Addition. Any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common loadbearing wall other than a firewall. Any walled and roofed addition, which is connected by a firewall or is separated by independent perimeter load-bearing wall, is new construction.

Adult day care. A facility providing care for the elderly and/or functionally impaired adults in a protective setting for a portion of a twenty-four (24) hour day.

Affordable housing development. A housing development, including but not limited to Garden Apartments, Town Houses, and Dwellings, in which not less than thirty (30) percent of the dwelling units will be held or conveyed by deeds containing covenants or restrictions which shall require that such dwelling units be sold or rented at, or below, prices which will preserve the units as affordable housing as defined in Connecticut General Statutes § 8-30g for persons and families whose income is less than or equal to eighty (80) percent of the area median income, for at least forty (40) years after the initial occupation of the proposed development.

Age restricted housing. A residential community, often gated, that typically limits eighty percent (80%) of the residency to individuals who are over a set age. The minimum age is frequently set at fifty-five (55) years old, but it can vary. These communities are set up to accommodate older individuals who would like to live in an area without the perceived problems of having children around. In most cases, a younger spouse or significant other is permitted to live in the community if one member meets the minimum age requirement. Age-qualified communities, also known as 55+ communities, active adult communities, lifestyle communities, or retirement communities, are often planned communities that offer homes and community features that are attractive to 55+ adults. These might include a clubhouse or lifestyle center with many good activities, sometimes with indoor and outdoor swimming pools, exercise facilities, craft rooms, demonstration kitchens, and decks and patios for gathering.

Agricultural use (farm). The employment of land for the primary purpose of obtaining a profit in money by raising, harvesting, and selling crops, or feeding (including grazing), breeding, managing, selling, or producing livestock, poultry, fur-bearing animals, or honeybees, or by dairying and the sale of dairy products, by any other horticultural, floricultural, or vinicultural uses, by animal husbandry, or by any combination thereof. It also includes the current employment of land for the primary purpose of obtaining a profit by stabling or training equines including, but not limited to, providing riding lessons, training clinics and schooling shows. All land in agricultural use must be operating as part of the daily continuing operations of use as described above. The retail sale of "Connecticut Grown" products is permitted as an accessory land use.

Apartment. A room or suite of rooms, with toilet and food preparation area, used or designed for use as a residence by an individual or a family, located in a building containing two (2) or more such rooms or suites or located in a building devoted primarily to non-residential use.

Aquifer protection area. As defined in Connecticut General Statutes § 22a-354h, any extension of such area approved by the Commissioner pursuant to Connecticut General Statutes § 22a-354i-4 of the Regulations of Connecticut State Agencies.

Area of special flood hazard. Land designated as Zone A or Zone A1 through A30 on the Flood Insurance Rate Maps, Town of Seymour, as may be prepared or amended from time to time by the National Flood Insurance Program.

Assisted living facility. A building or buildings containing apartments or other living units, primarily for persons who require assisted living services, including, but not limited to, nursing, personal care, assistance with activities of daily living, medication administration, supervision of self-administered medications and health and wellness programs.

Base flood. The flood having a one percent (1%) chance of being equaled or exceeded in any given year, as delineated on the Flood Insurance Rate Maps from the Federal Emergency Management Administration.

Basement. A portion of the building partly underground, considered to be inhabitable and having less than one-half (½) its clear height below the finished grade plane of the adjoining ground.

Bed and breakfast. An establishment offering transient lodging accommodations to the public operated by a resident manager with the serving of meals limited to breakfast for guests.

Best management practices. Methods or techniques found to be the most effective and practical means in achieving an objective (such as preventing or minimizing pollution) while making the optimum use of the firm's resources.

Billboard. A large, outdoor sign, either static or dynamic that directs attention to an activity conducted in a location apart from the lot on which the sign is located.

Brewpub. An establishment that produces up to fifteen thousand (15,000) barrels of beers, ciders, and/or similar alcoholic beverages annually, and offers such beverages for sale on-site as permitted by the Connecticut Department of Consumer Protection Liquor Control Division as a Manufacturer Brew Pub or Manufacturer Beer and Brew Pub. Food and beverage sales may be offered for both on-site and off-site consumption. Beverages produced at a brewpub may be sold at wholesale to retailers, distributors, and other commercial businesses.

Buffer. An area or strip shall be of such width, height, and character to present an opaque visual barrier to traffic, parking, storage, buildings, or business activities. The barrier may be topographic or be evergreen plantings or structural; but, if structural, shall present a natural evergreen appearance to adjoining properties. Land adjoining a proposed use's property line being of a topography and type that is unbuildable as defined by Town Regulations, (i.e., excessive slopes, wetlands, flood plain, etc.) may be included as part of defined buffer areas and strips if applicable to the intent of buffering. In this event, a twenty-five (25) foot wide strip of land shall be provided to accommodate a future buffer, should the adjoining land, sometime in the future, no longer satisfy the buffer requirement. The Commission may waive the required opaque visual barrier if no parking storage, building, or other structure is on either side for seventy-five (75) feet of any property line.

Buildable area. The portion of a lot or site, exclusive of required yard areas, setbacks, landscaping, wetlands and watercourses, or open space, within which a structure may be built.

Building. Refers to a roofed independent free standing permanent structure usually enclosed within external wall or dividing walls that extend from foundations to roof and comprises one (1) or more rooms or other space.

Building height. The vertical distance of a building measured from the average finished grade at the building wall to the highest point of mansard, curvilinear or flat roofs or to the mean level between the eaves and the ridge of gable, dormer, hip or gambrel roofs, excluding parapets not more than four (4) feet high. Maximum building height does not apply to chimneys, church steeples, silos, towers, antennas and similar structures and projections that may be erected to the height required to accomplish their intended purpose without endangering adjacent property of the safety of the public in general.

Bulk requirements. The combination of the requirements that establishes the maximum size and shape of a building and its location on the lot. Their purpose is, first, to assure enough light, air, and open space on the ground and at all levels of a building and second, to maintain a compatible and pleasing appearance. Bulk includes regulations dealing with floor area ratio, floor area, building height, lot area, lot coverage, lot lines or other similar regulations of volume, dimension, special relationship, or location.

Business and Office Development District. An overlay district within which property may be developed or used either in accordance with the requirements of the underlying zoning district or in accordance with an approved office development district plan.

Business and professional office. Offices of persons engaged in business or the professions, including but not limited to medical and dental services; finance, insurance and real estate services; engineering, surveying, architectural and related services; computer software services; and other activities similar in nature to the foregoing. A business and professional office shall not include fabrication or assembly of goods for sale or distribution, retail sale or rental of items or the storage of vehicles or equipment intended primarily for off-site use.

Canopy. A permanent structure or architectural projection of rigid construction, which is a covering, is attached that provides weather protection, identity or decoration.

Cellar. A portion of a building located partly or wholly underground, considered to be habitable and having one-half (½) or more of its clear floor to-ceiling height below the average finished grade of the adjoining ground.

Cemetery. Land used for the burial of the dead and dedicated for cemetery purposes, excluding crematories, and mortuaries, established, and operated by an ecclesiastical society or cemetery association.

Child day care (commercial). A facility whose primary function and occupation is to offer and provide a program of supplementary care to children outside their own homes on a regular basis for a part of the twenty-four (24) hours in one or more days of the week.

Child day care (home). A dwelling that offers and provides a program of supplementary care outside their own homes for not more than ten (10) children on a regular basis for a part of the twenty-four (24) hours in one or more days of the week.

Clean fill. Natural soil, rock, brick, ceramics, and concrete that are virtually inert and pose neither a pollution threat to ground or surface waters nor a fire hazard. Clean fill shall not include any bulky, solid, or special waste as defined by Connecticut General Statutes § 22a-209, as amended.

Commercial kennel. A place maintained for boarding or grooming dogs or cats, and includes, but is not limited to, any veterinary hospital which boards and/or grooms dogs or cats for nonmedical purposes.

Commercial recreation (indoor). A recreational facility conducted entirely indoors for commercial purposes, with or without seating for spectators, and providing accommodations for a variety or individual, organized or franchised sports, including wrestling, soccer, tennis, volleyball, racquetball, handball, bowling, skating, and ice skating. Such facility may also provide other regular organized or franchised events, such as children's amusements, dance studios and instruction, music.

Commercial vehicle. A vehicle that bears or displays indicators that the vehicle is designed or used for commercial purposes, regardless of capacity, or is licensed as a 'for hire' vehicle.

Common interest property. Real estate where the owner, by virtue of his ownership of a partial interest or unit, must pay for the maintenance, improvement, insurance of common areas described in a declaration and administered by an association.

Communication tower. A structure that is intended to support antennas or other telecommunications equipment, excluding those facilities subject to the sole authority of the Connecticut Siting Council. Examples include monopoles, lattice, and guyed towers.

Community mental health residential living center. A residential facility and related support and staffing services for the treatment of persons with mental or physical disabilities, including depression, anxiety, trauma and substance use disorder, which provide behavioral health treatment services such as therapy and substance abuse treatment services. Such facilities may also conduct related uses including but not limited to meals, housekeeping, maintenance, personal care assistance and educational support services for family residents. If residents are not permitted to own or operate a motor vehicle, the commission may reduce or waive the parking requirements.

Congregate living facility. See "Assisted living facility."

Connecticut grown (products). Agricultural and aquaculture products grown and raised in Connecticut, meeting all mandatory "Connecticut Grown" Labeling Requirements and Identity Standards per Connecticut General Statutes § 22-38.

Contractor yards. Property used for the conduct of a contractor business, including the storage of equipment, building materials and earth materials used in the conduct of the contractor business.

Construction equipment. The construction machinery, vehicles, tools, derricks, hoists, scaffolds, platforms, runways, ladders and all material, handling equipment, safeguards, and protective devices used in construction operations.

Convalescent facility. An institution licensed by the Connecticut Department of Health having facilities and all necessary personnel to provide services of a personal nature, nursing care under medical supervision and direction for chronic diseases or convalescent stages of acute diseases or injuries.

Cottage food operator. One who prepares food perceived to be low-risk for food-related injury or illness. As a low-risk product, Cottage Food can be prepared in a home environment without some of the controls used for a traditional ready-to-eat food such as those foods sold in a restaurant or grocery store. These foods would include Loaf breads, rolls, and biscuits, non-potentially hazardous cakes including celebration cakes and cookie, candies and confections, fruit pies (not pumpkin), jams, jellies and preserves, dried fruits, dry herbs, seasonings and mixtures, non-potentially hazardous cereals, trail mixes and granola, coated or uncoated nuts, vinegar and flavored vinegars, and popcorn and popcorn balls. A Cottage Food Operator shall be subject to the requirements of a Customary Home Occupation.

Cul-de-sac. A dead end street with a circular turn around at the end.

Culvert. A pipe, conduit, or similar enclosed structures with appurtenant works that carries surface or storm water under or through an embankment or fill, roadway, or pedestrian walk or other structure.

Deck/porch. A structure or portion of a structure, attached or not attached to a building usually constructed of wood or equivalent, with structural supports and supported above grade.

Development. Any activity on improved or unimproved real estate that removes or destroys its natural cover leaving the land subject to accelerated erosion.

Disturbed area. An area where the ground cover is altered or removed, likely leaving the land subject to accelerated erosion.

Drainage. (1) Surface water runoff. (2) The removal or redirection of surface water or groundwater from land by drains, grading or other means which include runoff controls to minimize erosion and sedimentation during and after construction or development, the means for preserving the water supply and the prevention or alleviation of flooding.

Drainage area. That area in which all the surface runoff resulting from precipitation is concentrated to a point of interest.

Drive thru facilities. An establishment that distributes goods and services directly to consumers within their vehicle or entertains patrons within their automobile through a physical arrangement designed specifically for that purpose.

Dwelling. A building that is designed and used for residential habitable purposes only and contains one (1) or more dwelling units.

Dwelling unit. One (1) or more habitable rooms designed, occupied, or intended for occupancy as separate living quarters with a food preparation area, sleeping area and bathroom provided within the dwelling unit for the exclusive use of a single family.

Dwelling, one-family. A dwelling that contains one (1) dwelling unit only.

Dwelling, two-family. A dwelling containing two (2) dwelling units, which has not received Special Permit approval for an Accessory Apartment.

Dwelling, three-family. A dwelling that is not either a town house or a garden apartment and contains three (3) dwelling units.

Dwelling, four-family. A dwelling that is not either a town house or a garden apartment and contains four (4) dwelling units.

Earthen material. Earth, loam, topsoil, sand, gravel, rock, stone, clay, asphalt millings, broken concrete.

Easement (recorded). A grant of one (1) or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity, recorded in the Seymour Town Land Records.

Easement, conservation. An easement precluding future or additional development of the land.

Easement, drainage. An easement required for the installation of storm water sewers or drainage ditches and/or required for the preservation or maintenance of a natural stream or watercourse or other drainage facility.

Elder care facility. A development in which all residents and their occupants shall comply with the requirement of the fifty-five (55) and over housing exemption as set forth in the Fair Housing Amendments Action (42 U.S.C., Section 3601), the Housing for Older Persons Act of 1955 and in accordance with Federal law, including those housing types and accessory facilities which offer various levels of medical and residential care to residents.

Elevation. The height in feet relative to mean sea level (MSL) as defined by generally accepted datum such as NGVD 29 or NAVD 88.

Eminent domain. The legal right of government to acquire or "take" private property for public purposes upon paying just compensation (fair market value) to the owner.

Erosion. The detachment and movement of earthen materials by water, wind, ice, or gravity.

Excavation. The deposition, disturbance, or removal of earth material from any property more than fifty (50) cubic yards.

Family. One person or a group of two (2) or more persons related by blood, marriage, legal adoption or legal guardianship, or a group of not more than six (6) unrelated persons, living as a single housekeeping unit.

Farm brewery/farm winery/farm distillery. A farm operation, licensed by the State of Connecticut in which beer, wine, spirits or other alcoholic beverages are brewed, fermented, or distilled for distribution or consumption, and said beverages are made from ingredients of which a minimum of twenty percent (20%) are grown on-site. The facility may include a tasting room(s) for the consumption of an on-site produced beer, wine or alcoholic beverages; specifically permitted by the Special Permit and authorized by State Statutes.

Farming. The production, processing of agricultural, and forestry products, including livestock and poultry on a tract of at least five (5) acres as a primary land use, but excluding the keeping of fur bearing animals other than cats and rabbits. The retail sale of "Connecticut Grown" products is permitted as an accessory land use.

Fence/wall. An artificial barrier constructed of any material or combination of materials that is erected to enclose, separate, screen or buffer areas of land.

Finished grade plane. The average existing or proposed level of the ground surrounding a building or structure within ten (10) feet of the outside wall.

Floating zone. A zoning district whose requirements are fully described in the text of these regulations, but which is unmapped. It is "anchored" to the land in response to an applicant's petition for a rezoning. This technique has commonly been used for large-scale unified developments such as shopping centers, planned developments and industrial parks.

Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters and/or the unusual and rapid accumulation or runoff of surface waters from any source.

Flood insurance rate maps (FIRM). The Inspector Map on which the Federal Emergency Management Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the Town of Seymour.

Flood insurance study. The Inspector report provided by the Federal Emergency Management Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood.

Flood-proofed. Watertight with walls substantially impermeable to passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved to discharge the base flood.

Floor area. The sum of the gross horizontal areas of every floor of a building, measured from the exterior face of outside walls or, where appropriate, from the center line of a common wall separating two (2) buildings, and including such features as hallways, stairs, closets, columns and the thickness of walls.

Food cart (mobile). A non-registered portable food preparation cart in which food items are prepared and/or sold to the general public, and is: (1) Licensed by the Naugatuck Valley Health District as compliant with the Naugatuck Valley Health District Food Service Code and Public Health Code of the State of Connecticut (2) Temporarily operated in a private lot with the permission of its owner or tenant, specifically excluding public streets, rights of way and other municipally owned properties.

Food truck (mobile). A registered motorized vehicle or mobile trailer kitchen unit, in which food items are prepared and/or sold to the general public, and is: (1) Licensed by the Naugatuck Valley Health District as compliant with the Naugatuck Valley Health District Food Service Code and Public Health Code of the State of Connecticut (2) Temporarily operated in a private lot with the permission of its owner or tenant, specifically excluding public streets, rights of ways and other municipally owned properties.

Forest. Areas or stands of trees, the majority of which are greater than twelve (12) inches in caliper measured four (4) feet above grade, covering an area greater than one-quarter (¼) acre or groves of mature trees without regard to minimum area consisting of more than ten (10) individual specimens

Forestry. The science and craft of creating, managing, planting, using, conserving and repairing forests, woodlands, and associated resources for human and environmental benefits.

Frontage. The length measured along the property line of that side of a lot abutting on a public or private street.

Garden apartment. A dwelling comprised of individual dwelling units each having either direct access to outdoors or interior access to a central hallway system. No more than two (2) units may be built on top of another unit.

Glare. The effect produced by brightness enough to cause annoyance, discomfort, or loss in visual performance and visibility.

Golf course. An area of land laid out for golf with a series of nine (9) or eighteen (18) holes each including tee, fairway, and putting green and often one (1) or more natural or artificial hazards.

Grade. The final elevation of the ground surface after the completion of grading.

Grading. Any excavation, grubbing, filling or stockpiling of earth, or any combination thereof, which results in a change of contour or elevation.

Greenhouse. A structure devoted to the production of plants on a tract of three (3) acres or more including the seasonal retail sale of products produced on the premises.

Ground-mounted solar facility (commercial). A facility that includes a series of one (1) or more solar collector panels or solar energy systems that are placed in an area on a tract of land for the purpose of generating photovoltaic power for commercial use.

Hazardous material. (A) any hazardous substance as defined in 40 CFR 302.4 and listed therein at Table 302.4, excluding mixtures with a total concentration of less than one (1) percent hazardous substances based on volume, (B) any hazardous waste as defined in Connecticut General Statutes § 22a-449(c)-101 of the Regulations of Connecticut State Agencies, (C) any pesticide as defined in Connecticut General Statutes § 22a-47, or (D) any oil or petroleum as defined in Connecticut General Statutes § 22a-448.

Heavy equipment sales. Retail or wholesale sale or rental of heavy motorized vehicles or equipment, along with incidental service or maintenance such as, but not limited to construction equipment rental yards, tractor-trailers, semi-trailers, farm equipment and moving trailer rental.

Height of building. The vertical distance measured between the average levels at which the average finished grade meets the walls and a point mid-way between the highest and the lowest point of the roof.

Home kennel. The breeding of dogs for the purpose of show, sports or sale is allowed. No kennel, dog run, or other structure shall be allowed beyond the building setback lines. Not more than two (2) dogs shall be kept for breeding purposes if the parcel has an area of less than eighty thousand (80,000) square feet. The boarding or grooming of dogs not owned by residents of the premises is prohibited.

Home occupation (customary). A customary home occupation shall be subject to the following provisions:

1.

A customary home occupation shall be carried on entirely within the dwelling unit or within a portion of the dwelling unit.

2.

A customary home occupation shall be carried on by the inhabitants of such dwelling unit and shall involve the employment on the premises of only any member of the immediate family residing in such dwelling unit plus one person, full or part time, not residing in such dwelling unit.

3.

A customary home occupation shall be clearly incidental and secondary to the use of such dwelling unit and lot for residential purposes.

4.

A customary home occupation shall not change the residential nature of such dwelling unit and lot.

5.

A customary home occupation, whether contained in a dwelling unit or a completely enclosed portion of the dwelling unit, shall occupy an area not to exceed twenty-five percent (25%) of the gross floor area of such dwelling unit.

6.

A customary home occupation shall not store any materials or products on the premises outside of the dwelling unit in which it is located.

7.

A customary home occupation shall not create any nuisance including, but not limited to objectionable noise, odor, vibrations, or unsightly conditions.

8.

A customary home occupation shall not create a health or safety hazard.

9.

A customary home occupation shall not create interference with radio, television reception, communications, and other utilities in the vicinity.

10.

Signs associated with customary home occupation shall be limited to one identification sign per dwelling unit, not to exceed two (2) square feet in area.

11.

Customers and clients are limited to two (2) at any given time.

12.

The Zoning Enforcement Officer may, for good cause such as a non-customary use, potential excessive noise, storage of materials or parking, refer any question concerning a Home Occupation to the Planning and Zoning Commission for its review and recommendations.

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.

Impervious surface. Any hard-surfaced, man-made area that does not readily absorb or retain water including, but not limited to, building roofs, parking and driveway areas, graveled areas, sidewalks, and paved recreational areas.

Intermediate processing center. An operation conducted entirely within a building that is limited to the receipt and separation of recyclable materials. No processing other than separation and minor compaction shall take place on site, nor is material to be stored for an extended period. No such center located in a commercial district shall include a building having an area of more than twenty thousand (20,000) square feet. There shall be no limitation on building size in an industrial building.

Junkyard. Any place in or on which old metal, glass, paper, cordage or other waste or discarded or secondhand material, which has not been a part, or is not intended to be a part, of any motor vehicle, is stored or deposited, but not including recycling centers, transfer stations or other such facilities established by the Town or its designee for the purpose of complying with the Connecticut General Statutes regarding solid waste.

Land survey. A survey map prepared by a Connecticut Licensed Land Surveyor. Accuracy shall be at a minimum A-2 and T-2 Standards as defined by Connecticut State Statutes.

Livestock. Cattle, sheep and goats raised in an agricultural setting to produce commodities such as meat, milk, and wool.

Lot. A parcel of land occupied or intended to be occupied by a principal building or buildings, accessory buildings and uses together with such yards and open spaces required by these regulations.

Lot, corner. A lot having frontage on more than one (1) public street.

Lot, interior. A lot that does not have the standard required lot frontage as shown in Section 5, Bulk Standards but contains an exclusive accessway to a public road of twenty-five (25) feet or greater. The accessway shall be in the same ownership as the balance of the lot and shall not be an easement or right-of-way.

Lot frontage. The total distance a lot abuts a street line.

Lot of record. A lot that can be found in the Land Records of the Town of Seymour.

Lot square. A square that is totally contained within the boundaries of a lot, with some portion of the square located within the required front yard setback.

Lot width. The distance between the side lot lines measured along a line at a distance from the front lot line equal to the front yard depth.

Low impact development. The protecting, maintaining, and enhancing of public health, safety, environment, and general welfare through the establishment of minimum requirements and procedures to control the adverse effects of increased post development storm water runoff and nonpoint source pollution associated with new development and redevelopment.

Manufacturing. Establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the manufacturing of products and the blending of materials such as lubricating oils, plastics, resins, or liquors, including the manufacturing of products from Earthen Materials for use as new recycled products.

Membership and fraternal organization. An association or membership corporation whose object is the health and recreation of its members, and which does not carry on any activities for profit or for the profit of any other person or corporation except a non-profit corporation and which restricts the use of its premises, building or other facilities to its members and genuine guests.

Microbrewery/microdistillery/microwinery. A facility licensed by the State of Connecticut in which a maximum of less than 15,000 barrels of beer are brewed, 15,000 gallons of spirits are distilled, or 2,000 barrels of wine are fermented per year for distribution and consumption both on and off-site. The facility may include the following activities: 1) Wholesale and retail sale of (beer, spirits, or wine) and related items; 2) A tasting room and patio/deck for the consumption of on-site produced (beer, spirits or wine) as well as consumption of food; 3) Tastings; 4) Tours; 5) Special Events; if the above listed events are specifically permitted by the Special Permit and authorized by State Statutes.

Mixed-use development. A development that is planned and managed as a single property with off-street parking, landscaped areas, and pedestrian plazas provided on the property as an integral part of the development, and which has two (2) or more different uses such as but not limited to, office, retail, food service establishments, service businesses, banks, public and entertainment and, in limited and appropriate circumstances, residential, in a compact form.

Mobile (manufactured) home. A structure transportable in one (1) or more sections that is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities.

Motel. An establishment providing sleeping accommodations for transient guests with most of all rooms having direct access to the outside, without the necessity of passing through the main lobby of the building.

Non-conforming lot. A lot, the area, dimensions, or location of which was lawful prior to the adoption, revision or amendment of the Seymour Zoning Regulations, but which fails due to such adoption, revision or amendment to conform to the present requirements of the zoning district.

Non-conforming sign. Any sign lawfully existing on the effective date of an ordinance, or an amendment thereto, which renders such sign non-conforming because it does not conform to all the standards and regulations of the adopted or amended ordinance.

Non-conforming structure or building. A structure or building the size, dimensions, or location of which was lawful prior to the adoption, revision or amendment to a zoning ordinance but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.

Non-conforming use. A use or activity which was lawful prior to the adoption, revision, or amendment of a zoning ordinance but which fails, by reason of such adoption, revision, or amendment, to conform to the present requirements of the zoning district.

Non-profit organization. A business that has been granted tax-exempt status by the Internal Revenue Service (IRS) because it furthers a social cause and provides a public benefit.

Nuisance. An activity or condition that interferes with an owner's reasonable and lawful use and enjoyment of his property or interferes with public rights, such as free passage along streams and highways and enjoyment of public parks and places of recreation.

Nursing facility (skilled). A facility, or portion thereof, licensed by the State of Connecticut, providing services for persons who have a need beyond the basic provisions for food, shelter, and laundry, including but not limited to, health services, licensed nursing services, recreation, and physical therapy.

Office (business or corporate). Offices used for the general conduct of business, such as management, administration, marketing, distribution, design, product development, advertising, data processing, legal affairs, or other functions associated with the overall operation of a business, but not intended to directly serve consumers or clients onsite. May include accessory activities and facilities such as laboratories, storage areas, showrooms, and other facilities that are required for the management of the business.

Office (medical). Any office building in which fifty (50) percent or more of its net leasable area is leased to physicians, groups of physicians or other legal entities owned or controlled by physicians and engaged in the practice of medicine or other legal entities providing ancillary medical services in such building.

Office development district plan. A plan prepared at a preferred scale of one (1) inch equals forty (40) feet showing property lines, existing and proposed buildings and structures, floor plans, architectural elevations, and existing or proposed uses for each floor. The plan shall also show driveways, parking, fencing, landscaping, signs, lighting, utility areas, and proposed grading. A complete description of the proposed use shall be submitted to include the nature of the office, number of employees, hours of operation, delivery requirements and equipment or machines to be used.

Open space. A space not occupied by a building or structure on the same lot as the principal building or use and restricted from future development.

Package store. A store that has retail sales of alcoholic liquor not to be consumed on the premises. Such sales are to be made in sealed bottles or other containers; and such store shall sell only alcoholic liquor and items related to their consumption.

Paper street (road). A street or road that appears on Tax Assessor's Maps but has not been built.

Parking lot. An off-street, ground level area used for the temporary parking of more than four motor vehicles and available to the general public, whether for free or for compensation, or to accommodate employees, clients, customers or residents, but not including private driveways.

Parking space, off-street. The area intended for the temporary parking of a motor vehicle, not including aisles and driveways giving access thereto, located in other than a public street or other public way and having a permanent means of access to a public street without requiring passage through another parking space. A space not less than eighteen (18) feet long and nine (9) feet wide required for the parking of one (1) passenger motor vehicle or light truck.

Patio. An outdoor surfaced area, not more than eight (8) inches above the adjacent grade of the land and supported solely by grade that adjoins a residence that is open both vertically and horizontally. Any patio greater than eight (8) inches above the ground shall be considered a structure.

Permit. Unless otherwise indicated, elsewhere herein shall mean approved zoning permit application.

Personal services business. Establishments primarily engaged in providing non-medical related services and the care of a person, including beauty and barber shops, psychic readers, acupuncture, licensed massage therapy, licensed physical therapy, meditation, yoga, personal training and similar uses. These uses may also include accessory retail sales of products related to the services provided.

Pervious surface. Any material that permits full or partial absorption of storm water into previously unimproved land.

Places of worship. A building which is intended for the conduct of religious services, and which is maintained and controlled by a religious body organized to sustain public worship.

Planned development. A tract of land, which is developed as a unit under single ownership, or control, which includes two (2) or more principal buildings, and which is at least one (1) acre in area for a planned residential development and ten (10) acres or an entire city block in area for a planned area development.

Planned residential/recreational community. A development consisting of an appropriate mix of detached and attached one-family dwellings, designed and intended for occupancy by persons fifty-five (55) years of age or older, together with a major open space area which may be a golf course, designed and developed as a single, coordinated project. All residential dwellings and their occupants shall comply with the requirements of the "55 or over housing exemption" as set forth by the Fair Housing Amendments Act of 1988.

Plot plan. A drawing that shows all the major features and structures on a piece of property. The information on a Plot Plan will generally include the location of all buildings, porches, decks, sheds, swimming pools, landscaping features, boundaries of the property. Depending on the complexity of the project, surveyors, architects, engineers, or homeowners may draw plot plans.

Principal dwelling unit. A residential building in which is conducted the principal residential use of the lot on which it is situated.

Private road. A private road shall be an easement or strip of land owned in fee that provides vehicular access from a public highway, owned in common by all the landowners to whom it provides access, and constructed in accordance with Town Ordinance and regulation, except as may be amended as described herein. See also "Roads, internal".

Private school. Any building or group of buildings the use of which meets the State of Connecticut's requirements for primary, secondary, or higher education and which is not operated by the City or State.

Professional engineer. A professional engineer licensed in accordance with Connecticut General Statutes Chapter 391, and who is qualified because of relevant specialized training and relevant specialized experience to conduct audits of regulated activities to ensure compliance with applicable law and identify appropriate pollution prevention practices for such activities.

Public street, road or highway. In these Regulations means a State highway or one that has been accepted by the Town of Seymour or appears on the State-Aid list.

Public utility. Electric, electric distribution, gas, telephone, telegraph, pipeline, sewage, water, and community antenna television companies.

Public water supply. A private water company fully licensed by the State of Connecticut to serve a general area that includes all or sections of the Town of Seymour, that is in existence and fully permitted at the time of adoption of this regulation. Public water supply shall not include small water companies, or other entities established solely to serve a development or developments, which is the subject of application to the Planning and Zoning Commission.

Recreational vehicle. A registered portable vehicle, built on a chassis, which can be towed, hauled or driven and primarily designed to be used as temporary living accommodations for travel, camping and recreational purposes, including but not limited to pop up campers, travel trailers, truck campers, camper vans, fifth wheels, motorhome coaches, caravans and motor homes but excluding mobile manufactured homes.

Reservoir. A large natural or artificial lake used as a source of water supply.

Residence. A house, building or dwelling in which people reside.

Restaurant. A business establishment open to the public for the principal purpose of preparing and serving food for consumption on the premises or sold in a ready-to-consume state.

Restaurant (drive in). A place that delivers prepared food and/or non-alcoholic beverages to patrons in motor vehicles, regardless of whether it also serves said items to patrons who are not in motor vehicles, for consumption in or out of motor vehicles, on or off the premises.

Retail shopping center. A group of retail and other commercial establishments that is planned, developed, owned, and managed as a single property, typically with on-site parking provided.

Right-of-way. Any strip of land acquired by reservation, dedication, prescription, or condemnation and used or intended to be used by specific persons or the public for a specific purpose or purposes. A "right-of-way" includes any public way.

Rooming house. A private house in which rooms are rented for living or staying temporarily and the tenants share bathroom and kitchen facilities.

Roads, internal. Private roads or driveways or other means of vehicular access that provide automobile and other vehicular access to the internal uses within a proposed development, not including designated parking space. Such roads shall be privately owned and maintained.

Sediment. Solid material, either mineral or organic, that is in suspension, is transported or has been moved from its site or origin by erosion.

Setback lines. The line parallel to a street or lot line at a distance established by the minimum yard requirements of these Regulations, behind which buildings and structures may be legally erected.

Sight distance. The length of the roadway ahead that is visible to the driver from an area ten (10) feet back from the road, three (3) feet in height. The available sight distance on a roadway should be sufficiently long to enable a vehicle traveling at or near the design speed to stop before reaching a stationary object in its path.

Sight triangle. A triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.

Sign. Any object, device or display that is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means. A sign does not include any flag, pennant or insignia of any governmental unit, or any traffic or similar regulatory device or legal notice of any governmental unit.

Sign (area). The entire visible face of a sign, which may consist of more than one (1) side, including the advertising surface and any framing, trim or molding, but not including the supporting structure.

Sign (attached). A sign that is attached directly to or projects from the wall of a building.

Sign (banner). A sign of a temporary nature made of a material such as cloth, vinyl, cardboard, and the like.

Sign (detached). A sign that is supported by beams or poles resting on the ground and is not attached to any building or structure.

Sign (dynamic). A sign or portion of a sign with features that move or appear to move or change, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign.

Sign (roof). A sign that is attached to any part of the roof of a building.

Sign (sandwich). A portable, two (2) sided sign, commonly shaped like an "A," resting on the ground and having a height of not more than forty-five (45) inches and a width of not more than twenty-five (25) inches.

Sign (static). A sign, which does not change its message or copy automatically, such as by electronic or mechanical means.

Site plan. A map or collection of maps showing the development of one or more lots on which is shown the existing and proposed conditions of the lot including: topography, vegetation, drainage, floodplains, marshes and waterways, open spaces, walkways, means of ingress and egress, utility service, landscaping, structures and signs, lighting and screening devices, and other information that reasonably may be required in order that an informed decision can be made by the approving authority.

Site plan review. The process whereby local Inspectors, usually the zoning commission and staff, review the Site Plan and maps of a developer to assure that they meet the stated purposes and standards of the zone, provide for the necessary public facilities such as roads and schools and protect and preserve topographic features and adjacent properties through appropriate siting of structures and landscaping.

Slopes (predevelopment). The contours and slopes of the land that exist in its natural state, prior to any re-grading, excavation, filling, or any other disturbance. The contours and slopes of the land at the date of adoption of this regulation on which re-grading, excavation, filling, or any other disturbance has already occurred shall be considered as predevelopment slopes for the purpose of this regulation.

Soil. Any unconsolidated mineral or organic material of any origin.

Soil erosion certification. A signed, written approval by the Seymour Planning and Zoning Commission or its designated agent that a soil erosion and sedimentation control plan complies with applicable requirements of these Regulations.

Soil erosion and sediment control plan. A scheme that minimizes soil erosion a sedimentation resulting from development that includes, but is not limited to, a map and narrative per the 2002 Connecticut Erosion and Sedimentation Guidelines as amended.

Special permit. A building, structure or use permitted in a particular zoning district only upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified in a zoning ordinance and authorized by the Planning and Zoning Commission; for example, the need for a special permit for certain fences. See Section 6.8(b).

Specialized housing for the elderly. Housing designed and intended for occupancy exclusively for the elderly or infirm such as nursing or convalescent homes, and congregate or assisted living facilities that offer supplementary services such as independent living units, on-site medical care and common dining.

Story. A story is that part of a building between any floor and the floor, ceiling, or roof next above. When the ceiling of any story is an average of five (5) feet or more above ground level, and this story contains livable floor area, it may be considered as a story in determining the floor area.

Storage container. A pre-built structure, sometimes known as an overseas or domestic (POD type) container, designed for transporting goods by truck, rail or ship, but sometimes used for storage on a lot.

Structure. Refers to anything that is constructed or built from different interrelated parts with a fixed location on the ground.

Street line. The street or highway right-of-way line of a public or private roadway.

Street, public. For purposes of these regulations, a street shown on an approved and recorded subdivision plan for which required surety has been posted shall be considered as a public street.

Surety bond. A bond issued by an entity on behalf of a second party, guaranteeing that the (2 ^nd ) second party will fulfill an obligation or series of obligations to a third (3 ^rd ) party. If the obligations are not met, the third party will recover its losses via the bond.

Surveyor. A land surveyor licensed to practice in the State of Connecticut.

Swimming pool. A water-filled structure, permanently constructed or portable, having a depth of more than twenty-four (24) inches and a water surface area of more than sixty (60) square feet, used for bathing or swimming.

Tag sale. The sale of personal property, including household items, clothing, and the like, held at a "Dwelling Unit." The term shall include garage sale, yard sale, estate sale, and the like. For this definition, personal property shall include items previously used by the person or persons of the "Dwelling Unit or the person or persons holding the "Tag Sale." Items acquired for resale are specifically excluded from this definition. Tag sales(s) shall not be engaged in at any one premise for more than four (4) consecutive days.

Temporary parking. A permanent parking area designated for seasonal, overflow and emergency conditions for a temporary period not to exceed one hundred eighty (180) days in a calendar year and intended to accommodate occasional or emergency parking requirements.

Temporary structure. A structure without any foundation or footings and which is removed when the designated time, activity or use for which the temporary structure was erected has ceased.

Temporary use. A use established for a fixed period with the intent to discontinue such use upon the expiration of the time. Such time will be established by permit and will expire after one hundred-eighty (180) days.

Test pit. A small, exploratory excavation that is dug to discover soil conditions.

Total lot area. The gross area calculated within the boundaries of a lot minus those constraining elements per Sections 6.2.1, 6.2.2 and 6.2.3 of these regulations.

Total lot (building) coverage. The aggregate ground coverage of all Buildings and Structures, including above and below-ground pools, outside storage areas, access aisles, excluding patios, pedestrian sidewalks less than five (5) feet and landscaped islands within parking areas.

Town house. A residential building containing individual dwelling units separated by firewalls and each having private direct exterior access. No unit may be built on top of another unit.

Variance. A modification of the regulations of the zoning ordinance, which is authorized by the Zoning Board of Appeals after it, finds that the literal application of the provisions of the zoning ordinance would cause undue and unnecessary hardship in view of specific facts and conditions applying to a lot.

Wetlands and watercourses. Those areas designated by Connecticut General Statutes Chapter 440.

Wholesale trade. Purchasing, storing and selling goods, generally to retailers, professional (industrial or commercial) users or authorities, or to other wholesalers or intermediaries, regardless of the quantities sold.

Yards. An open space extending along the entire length of a street line, side lot lines or rear lot line. Yards may be occupied by fencing, landscaping and certain structures as permitted by these regulations. The front yard is the yard between the street line and the lot width measurement line. The rear yard and side yards are as defined below for a corner lot.

Yards, corner lot. The yard parallel to the longer axis of the principal building shall be considered as the front yard. The yard opposite the front yard is the rear yard. The other yards are side yards except that the required setback from each street line shall be met.

Yard, front. An open space extending across the full width of a lot and lying between the closest edge of the street right-of-way and the nearest facing wall of a principal structure on the same lot.

Yard, rear. An open space extending across the full width of a lot and lying between the rear lot line of the lot and the nearest facing wall of a principal structure on the same lot.

Yard, required. An open space between a lot line and the permitted buildable area within which no structure shall be located except as specifically permitted by these regulations.

Yard, side. An open space parallel to a side lot line extending from the front yard to the rear yard and lying between the side-line of the lot and the nearest facing wall of a principal structure on the same lot. Any yard not a rear yard or a front yard shall be deemed a "side yard."

Zoning amendment. A change in the wording, context, or substance of this title or change in the zoning or district boundaries of the Seymour Zoning Map, to be made a part of this title.

Zoning map. The graphic depiction of the zones or districts within a municipality, region, or area for which the zoning ordinance is applicable. The map will include all the area within the boundaries of the governmental sphere of operation. It will also include an indication of the boundaries of each of the zones or districts, as well as a legend showing the type of uses that may be permitted in each of the districts.

Zoning permit. A document signed by the Zoning Enforcement Officer (1) which is required by the Seymour Zoning Regulations as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and (2) which acknowledges that such use, structure or building complies with the provisions of the Seymour Zoning Regulations or variance therefrom duly authorized by the Zoning Board of Appeals.

Zoning regulations. A comprehensive zoning plan for the Town of Seymour as set forth in text defining the terms and conditions of zoning with the municipality, setting forth all the standards, procedures, and requirements and accompanying Zoning Map.

(Ord. of 5-8-25(1), eff. 6-1-25; Ord. of 7-10-25(1), eff. 9-1-25; Ord. of 8-14-25(1), eff. 9-1-25)