1.1 Jurisdiction: Within the Town of Southbury, no land, building or other structure shall be used and no building or other structure shall be constructed, reconstructed, enlarged, extended, moved or structurally altered except in conformity with these Regulations. No lot or land shall be subdivided, sold, encumbered or conveyed so as to make said lot or land nonconforming or more nonconforming to these Regulations, to make any use, building or other structure nonconforming or more nonconforming, to reduce any setback, landscaping, open space or off-street parking and loading spaces to less than is required by these Regulations or to make any nonconforming setback, landscaping, open space or off-street parking and loading spaces more nonconforming.

1.2 Permit and Certificate Required: No building or other structure, or part thereof, shall be constructed, reconstructed, enlarged, extended, moved, or structurally altered until an APPLICATION for a ZONING PERMIT has been approved by the Zoning Enforcement Officer and a ZONING PERMIT therefor has been issued by him. No land, building or other structure, or part thereof, shall be used or occupied, or changed in use, until a CERTIFICATE OF ZONING COMPLIANCE therefor has been issued by the Zoning Enforcement Officer certifying conformity with these Regulations. No ZONING PERMIT and no CERTIFICATE OF ZONING COMPLIANCE, however, is required for a farm when no building or other structure is proposed; no such PERMIT or CERTIFICATE is required for continuation of an existing use of land, buildings or other structures.

1.3 Nonconformity: Any use, building or other structure or lot, which existed lawfully, whether by variance or otherwise, on the date these Regulations or any amendment hereto became effective, and fails to conform to one or more of the provisions of these Regulations or such amendment hereto, may be continued subject to the provisions and limitations of Section 13.

1.4 Performance Standards: The following performance standards shall apply to all nonresidential uses of land, buildings and other structures wherever located:

1.4.1 Dust, Dirt, Fly Ash and Smoke: No dust, dirt, fly ash or smoke shall be emitted into the air so as to endanger the public health and safety, to impair the safety, value and enjoyment of other property or to constitute a critical source of air pollution;

1.4.2 Odors, Gases and Fumes: No offensive odors or noxious, toxic or corrosive fumes or gases shall be emitted into the air;

1.4.3 Noise: With the exception of time signals and noise necessarily involved in the construction or demolition of buildings and other structures, no noise which is objectionable due to volume, intermittence, beat frequency or shrillness shall be transmitted outside the property where it originates.

1.4.4 Wastes: No offensive wastes shall be discharged into any river, stream or storm drain;

1.4.5 Vibration: With the exception of vibration necessarily involved in the construction or demolition of buildings and other structures, no vibration shall be transmitted outside the property where it originates; and

1.4.6 Danger: No material which is dangerous due to explosion, extreme fire hazard or radioactivity shall be used, stored or manufactured except in accordance with applicable codes and regulations of the Town of Southbury and State of Connecticut.

1.5 Off-Street Parking and Loading: Parking and loading spaces shall be provided off the street for any use of land, buildings and other structures in accordance with Section 9.

1.6 Signs: All signs shall be established in accordance with the requirements of Section 10.

1.7 Definitions: The words used in these Regulations shall have the meaning commonly attributed to them. Doubts as to their precise meaning shall be determined by the Zoning Commission in accordance with the purpose and intent of these Regulations. Certain words used in these Regulations are defined and explained as follows:

Accessory: Accessory uses that are customary with and incidental to business and professional offices may include the sale of goods or services rendered at retail when accessory and subordinate to a permitted use on the same premises subject to securing approval of a Special Exception for such use.

Accessory Dwelling Unit (ADU): An Accessory Dwelling Unit, or ADU, is defined as an incidental and subordinate dwelling unit located on the same parcel of land as a principal single family dwelling.

Antenna means a device used in communications which transmits or receives telecommunications or radio signals. Examples include panel, whip, and dish antennas.

Brewery: A wholesale manufacturing facility, distinct from a microbrewery, used for the brewing, bottling and production of more than 15,000 barrels of beer per year.

Business and Professional Office: Buildings or parts of buildings in which any technical or professional service is practiced or performed and shall include service offices such as travel, legal services, engineering, accountants, insurance agencies, architects and designers, real estate agencies, medical/dental practitioners (other than medical and dental clinics as defined at Par. 1.7), licensed massage therapy and body work, salons for hair dressing, barbering and/or cosmeticians and other personal service establishments operated by Connecticut licensed technicians or professionals, and including offices and studios for instruction by other recognized professionals including artists and musicians.

Certified Crematory Operator: An individual formally trained and duly certified in the operation of a crematory.

Crematory: A building or portion of a building containing a furnace used to reduce a human body or pet body to ash.

Crematory authority: The legal entity, or authorized representative of the legal entity who conducts the cremation.

Cremation chamber or retort: The enclosed space within the crematory where the cremation process takes place.

Coverage by Buildings and Structures: The aggregate ground coverage by buildings and other structures is measured from the outer most edge of the building or structure, projected to nadir, but excluding any architectural projections of the type that are permitted to extend into the area required for setback from a street line, property line or Residential District Boundary Line and also excluding buildings and structures that are completely below the finished grade of the lot.

Customary Home Enterprise: The term "customary home enterprise" shall mean one or more of the following activities:

a.

The preparation and sale of those products customarily produced in the home, garden or farm, such as home baking, needlework, fruits, produce and home preserves, provided that such products are created entirely on the premises.

b.

The preparation and sale of the products of arts and crafts, such as painting and illustrating, woodcarving and cabinet making, ceramics, writing, sculpture, ornamental glass and metal working, provided that such products are created entirely on the premises.

c.

A private workshop for the conduct of a skilled trade or personal service, such as the workshop of a plumber, electrician, carpenter, painter-paperhanger, watchmaker, hair dresser, appliance repairer or photographer, but expressly excluding motor vehicle repair or service and the use or repair of internal combustion engines at such workshop.

Daycare Facility: The term "daycare facility" shall include the following:

a.

A "child daycare center" which offers or provides a program of supplementary care to more than twelve (12) related or unrelated children outside their own homes on a regular basis for a part of the twenty-four (24) hours in one or more days in the week;

b.

A "group daycare home" which offers or provides a program of supplementary care to not less than seven (7) nor more than twelve (12) related or unrelated children on a regular basis for a part of the twenty-four (24) hours in one or more days in the week;

c.

A "family daycare home" which consists of a private family home caring for not more than six (6) children, including the provider's own children not in school full time, where the children are cared for not less than three (3) nor more than twelve (12) hours during a twenty-four-hour period and where care is given on a regularly recurring basis except that care may be provided in excess of twelve (12) hours but not more than seventy-two (72) consecutive hours to accommodate a need for extended care or intermittent short-term overnight care. During the regular school year, a maximum of three (3) additional children who are in school full time, including the provider's own children, shall be permitted, except that if the provider has more than three (3) children who are in school full time, all of the provider's children shall be permitted.

d.

A "adult daycare center" which offers or provides a program of supplementary care to related or unrelated adults 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.

Daycare facility shall not include services which are (a) administered by a recognized public or private school, (b) recreation operations such as but not limited to clubs, church-related activities, scouting, camping or community youth programs or (c) informal arrangements among neighbors or relatives in their own dwellings.

Distillery: A wholesale manufacturing facility, distinct from a microdistillery, used for the distilling, bottling and production of more than 15,000 gallons of spirits per year.

Dwelling: A "dwelling" is a building containing one or more "dwelling units". One or more buildings may be considered to be a "dwelling" if designed for occupancy, and so occupied, by one (1) "family".

Dwelling Unit: A "dwelling unit" is defined as one or more rooms, located in a building or part of a building, which are arranged, designed, or used for independent residential purposes. Each dwelling unit shall contain a kitchen sink, cooking appliance and refrigeration facilities as well as at least one (1) bathroom with a toilet and a bathtub or shower and a sleeping area. Accommodations for transient lodging, including motel or hotel facilities, shall not be considered dwelling units.

Falconer means a person who engages in falconry as defined in Section 26-67d of the Connecticut General Statutes and holds a valid Connecticut falconry permit;

Falconry means "falconry" as defined in Section 26-67d of the Connecticut General Statutes;

Family: A "family" is a person, a group of related persons or a group of not more than six (6) persons who need not be so related, plus domestic servants or guests thereof, living as a single housekeeping unit maintaining a common household. A roomer or boarder shall not be considered a member of a "family" for the purpose of this definition.

Farm Brewery/Farm Winery/Farm Distillery: A facility licensed by the State of CT in which beer, wine, spirits, or other alcoholic beverages are brewed, fermented or distilled for distribution and 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 on-site produced beer, wine or alcoholic beverages.

Floor Area, Dwelling: In determining compliance with minimum floor area requirements for "dwellings" and "dwelling units" and compliance with maximum floor area requirements for an office in a "dwelling unit" or a home enterprise in a "dwelling unit", only finished livable floor area having a ceiling height of at least seven (7) feet shall be counted, excluding garages, terraces, bay windows, basements, cellars, utility rooms for heating apparatus, attics, open porches and enclosed porches not heated by a central heating system for the "dwelling", and hallways and other space designed for common use by occupants of two (2) or more "dwelling units". Measurements of floor area for any "dwelling" or "dwelling unit" shall be taken from the inside surfaces of exterior walls or partitions enclosing the floor area. Any floor other than a ground floor must have access thereto by a permanent inside stairway to be included in computing floor area.

Floor Area, Total: In determining the total or gross floor area of buildings and structures on a lot, measurements shall be taken to the outside surfaces of exterior walls enclosing the floor area. Excluded from the determination of total floor area are basements or cellars used only for storage, supporting services and utility services that are ancillary to uses on other floors of the building as well as penthouses, on the roof of a building, enclosing elevator, heating, ventilating, air conditioning, solar access equipment and water storage tanks and equipment.

Grade, Finished: The final elevation of the ground level adjoining a building or structure at all exterior walls or surfaces after development. Finished grade shall be construed as that grading, excavation or filling which is incidental to construction of the building or structure on the site, and not grading, excavation or filling for the purposes of obtaining greater building or structure height.

Grade, Natural: The elevation of the ground level in its natural state, before construction, filling, excavation, or re-grading.

Height: In measuring the height of a building, or part thereof, or other structure to determine compliance with the maximum height provisions, measurement shall be taken from the average level of the highest roof of the building or part thereof and from the highest feature of a structure to a "ground elevation datum" consisting of the average elevation of the finished grade of the lot within ten (10) feet of and around the perimeter of the building, or such part thereof, or structure. A separate ground elevation datum is applicable to each building, or part thereof having a separate roof, and to each structure on a lot. When any two (2) buildings having different ground elevation datum are interconnected, such as by common areas, other floor area or other architectural features or structures, the ground elevation datum applicable to the interconnection feature or structure is the same as the building having the lower ground elevation datum. The provisions of these Regulations pertaining to height shall not apply to church steeples, ornamental towers, farm silos and chimneys.

Height of tower means the vertical distance measured in feet from the average existing level of the ground surrounding the tower and within ten (10) feet thereof to the topmost point of the tower including any antenna or other appurtenances. The existing elevation shall mean the actual or approved elevations of the property.

Historic Structure: The term "historic structure" includes historic building and means any structure or building that is in any of the following categories*:

a.

Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting requirements for individual listing on the National Register;

b.

Certified or preliminarily determined by such Secretary of the Interior as contributing to the historical significance of a National Register historic district or a district preliminarily determined by the Secretary to qualify as a National Register historic district;

c.

Listed individually on the Connecticut State Inventory of Historic Resources, Buildings and Structures, and/or

d.

Listed individually as contributing to an historic district or as constituting an historic property, as established by ordinance of the Town of Southbury under the provisions of Chapter 97a of the Connecticut General Statutes.

*See Administrative Policy #3—Identification of Historic Structures and Archeological Sites.

Human crematory: For purposes of this Regulation means a building or structure containing one or more cremation chambers or retorts for the cremation of dead human bodies.

Junk Yard: The term "junk yard" shall be construed to include any "junk yard," "motor vehicle junk business" and "motor vehicle junk yard" as defined in the General Statutes of the State of Connecticut. The term shall also include any place of outside storage or deposit, whether in connection with a business or not, for two (2) or more motor vehicles which are no longer intended or in condition for legal use on the public highways and shall also include any place of outside storage or deposit of used parts of motor vehicles and old metals, iron, glass, paper, cordage and other waste materials which on any lot have an aggregate bulk equal to one (1) automobile. In Residential Districts and Marine Business District #4, however, the term shall also include the outside storage of more than one (1) unregistered motor vehicle on any lot in such a manner as to be visible from any street or any other lot.

Kennel: A "kennel" means a pack or collection of more than three (3) dogs, age six (6) months or older, kept in a building, shelter or enclosure (including fencing and runs) located outside of the walls of a dwelling and owned by the owner of the premises. For the purpose of these regulations, any other keeping or ownership of more than three (3) dogs, outside the walls of a dwelling of the owner, such as the boarding, grooming, training, sale or exchange of dogs, whether for profit or not, is a business use and is not permitted in a residential zone.

Level of Service (LOS): The term "level of service" or "LOS" refers to the relative convenience of use and degree of congestion or delays for motor vehicle traffic on roadways and at intersections as defined in the Southbury 2002 Plan of Conservation and Development. LOS classifications range from "A" to "F" and are to be determined on any roadway or at any intersection by a qualified traffic engineer.

Lighting: See Paragraph 11.2 of Section 11.

Lot: A "lot" is defined as 1) a parcel of land meeting the requirements of these Regulations, 2) a parcel of land which is owned separately from any adjoining lot or lots as evidenced by deed or deeds recorded in the land records of the Town of Southbury or 3) a building lot shown on a subdivision map approved by the Southbury Planning Commission and filed in the land records of the Town of Southbury.

Lot - Interior: A permitted "interior lot" is a "lot" which lacks the frontage on a "street" as required by these Regulations but which meets the following standards for access:

a.

In Residential Districts, each "interior lot" shall either contain a strip of land which is everywhere not less than 30 feet in width connecting to a "street" or shall have a frontage of 30 feet or more on an easement of access or private right-of-way which is everywhere not less than 30 feet in width connecting to a "street", provided that no more than two (2) lots may rely upon such easement or right-of-way for sole access; and

b.

In other than Residential Districts, each "interior lot" shall have a frontage of 50 feet or more on an easement of access or private right-of-way which is everywhere not less than 50 feet in width connecting to a "street".

Lot Area and Shape: In determining compliance with minimum lot area and shape requirements of these Regulations, land subject to easements for drainage facilities and underground public utilities may be included, but no street or highway, easement of vehicular access, private right-of-way for vehicles or easement for above ground public utilities may be included. Area consisting of wetlands and water courses, including ponds and lakes, shall not be used a) for compliance with more than 15% of the minimum lot area requirement nor b) in R-30A Districts, for compliance with any of the specified minimum lot area and lot area per dwelling unit for dwellings containing two (2) or more dwelling units listed on Line A-3 of Schedule A of these Regulations. Land in a Zoning District having a higher lot area requirement shall not be used to satisfy a lot area requirement in a Zoning District having a lesser lot area requirement; land in a Residential District or Marine Business District #4 shall not be used to satisfy a lot area requirement in any other District.

Medical and Dental Clinic: A health care clinic licensed by the Connecticut Department of Public Health pursuant to Regs., Conn. State Agencies § 19-13-D45 or an outpatient clinic that provides the services described in said regulation which is operated by a partnership, municipality or an individual and licensed by the Connecticut Department of Public Health, an outpatient hospital clinic, a medical walk-in clinic, a physical therapy office, an occupational therapy office, an outpatient chronic dialysis center, a community health center, a public health center, an occupational health clinic, a primary care clinic, a clinical or diagnostic laboratory, a sports medicine clinic, an emergency services clinic, a dental clinic, mental health center, and outpatient surgical center.

Microbrewery: A facility licensed by the State of Connecticut in which a maximum of 15,000 barrels of beer per year is brewed for distribution and consumption both on and off-site. The facility may include the following activities: 1) wholesale and retail sale of beer and related items; 2) a tasting room and patio/deck for the consumption of on-site produced beer as well as consumption of food; 3) tastings; 4) tours; 5) special events; provided that the above listed events are specifically permitted by the Special Exception and authorized by State Statute.

Microdistillery: A facility licensed by the State of Connecticut in which a maximum of 15,000 gallons of spirits per year are distilled for distribution and consumption both on and off-site. The facility may include the following activities: 1) wholesale and retail sale of spirits and related items; 2) a tasting room and patio/deck for the consumption of on-site produced spirits as well as consumption of food; 3) tastings; 4) tours; 5) special events; provided that the above listed events are specifically permitted by the Special Exception and authorized by State Statute.

Microwinery: A facility licensed by the State of Connecticut in which a maximum of 2,000 barrels of wine is 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 wine and related items; 2) a tasting room and patio/deck for the consumption of on-site produced wine as well as consumption of food; 3) tastings; 4) tours; 5) special events; provided that the above listed events are specifically permitted by the Special Exception and authorized by State Statute.

Mixed Use Development: PDD's and PDU's can accommodate a combination of residential, commercial, mercantile and even industrial uses within a single development, offering greater convenience and accessibility for residents and tenants.

Mount means the structure, building, or surface upon which antennas are mounted.

Nonconformity: See Paragraph 13.2 of Section 13.

Off-Street Parking and Loading Space: See Paragraph 9.2 of Section 9.

Pet crematory: For purposes of this Regulation means a building or structure containing one or more cremation chambers or retorts for the cremation of pets (meaning small companion animals such as dogs and cats but specifically excluding large or hooved animals such as cattle, horses, sheep, goat, swine or similar species commonly kept as livestock).

Planned Development District (PDD): A custom flexible zoning tool and classification that allows for development standards to be tailored to a specific project, allowing municipalities to tailor development standards promoting more creative and flexible land use designs than conventional zoning promoting creative and context-sensitive land use. It functions as a unique zoning district established for a particular geographic area to accommodate custom development goals incorporating mixed uses allowing for deviations from standard zoning regulations. Minimum land parcel size for a PDD is five (5) acres.

Planned Development Unit (PDU): A custom land use solution for the creation of residential uses including the mix of residential, commercial office, retail and mercantile uses. It is a zoning tool that allows for more flexible development compared to traditional zoning regulations, offering control over site planning and potentially leading to a more cohesive and varied community. PDU's are often designed to integrate residential living accommodations within residential and business districts of a community by providing solutions for mixed-use housing including the mix of residential, commercial office, retail and mercantile uses. Maximum land parcel size for a PDU is five (5) acres, unless the development unit consists of cluster residences, in which case the maximum land parcel size will be ten (10) acres.

Raptors or Raptors for the purposes of these Regulations means any approved Raptor species identified in 26-67e-13 of the Regulations of Connecticut State Agencies, as amended.

Remains: The dead human body or pet body prior to cremation or the related cremated remains.

Restaurant: Any commercial establishment or premises that consists of or includes the service, or preparation and service, of food and/or beverage to the public in a ready-to-consume state for consumption on or off the premises; the term "restaurant" does not include the sale of food and/or beverage to the public in pre-packaged or bulk form as in a grocery or convenience store, nor sale by vending machine, but does include every commercial establishment or premises for which a restaurant permit is required under the ordinances of the Town of Southbury; each "restaurant" is classified as one (1) of the following:

Restaurant, Accessory Service: A "restaurant" within an enclosed building a) which restaurant is accessory and subordinate to another permitted use as specified in these Regulations and located in the same building with such use, b) the customer is located within the enclosed building when ordering food and/or beverage and the food and/or beverage is transferred to the customer within the enclosed building, c) the food and/or beverage is for consumption within the enclosed building or off the premises, and d) seating at tables or counters is provided within the enclosed building for at least 50% of the customers on the premises at any one time.

Restaurant-Brewery: A restaurant that brews and sells beer for on and off-site consumption as an accessory use to the restaurant with the area dedicated to brewing, bottling and kegging not to exceed fifty percent (50%) of the restaurant floor area.

Restaurant; Table Service: A "restaurant" within an enclosed building where customers order food and/or beverage when seated at tables or counters and food and/or beverage are served to and consumed by such customers when they are seated at tables or counters. The following are also applicable to "table service restaurants;"

a.

As much as 25% of the customer seats may be located outside the enclosed building;

b.

"Table service restaurants" may include a customer self-service table or counter for food and/or beverage (cf. salad bar, buffet) as an adjunct to the ordering and consumption of food and/or beverage when seated at tables or counters; and

c.

Table service restaurants may include orders for food and beverage by take-out service for consumption off the premises, whether or not the service was ordered by customers when seated at tables or counters, and under the following limitations:

i.

The take-out service is ordered within the enclosed building of the restaurant and the food and/or beverage are transferred to the customer within the enclosed building; and

ii.

Such take-out service is clearly incidental to the primary conduct of a "table service restaurant" as evidenced by ordered take-out service not exceeding in any 24-hour day, 10% of the total transactions or by customers carrying ordered take-out not exceeding 10% of the total customers on the premises in such 24-hour day.

Restaurant, General Service: A "restaurant" within an enclosed building where customers order and receive food and/or beverage and such customers consume food and/or beverage when seated at tables or counters. The following are also applicable to "general service establishments:"

a.

Some or all food and/or beverage ordered may be served to customers when seated at tables or counters;

b.

As much as 25% of the customer seats may be located outside the enclosed building;

c.

Seating at tables or counters is provided for at least 75% of the customers on the premises at any one time; and

d.

"General service restaurants" may include orders for food and beverage by take-out service for consumption off the premises when take-out service is ordered within the enclosed building and the food and/or beverage are transferred to the customer within the enclosed building.

Restaurant, Take-Out Food Service: A "restaurant" within an enclosed building where (a) the customer is located within the enclosed building when ordering food and/or beverage and the food and/or beverage are transferred to the customer within the enclosed building, and (b) food and beverage by take-out service is for consumption off the premises, but (c) the restaurant may include seating at tables or counters, and (d) as much as 25% of the customer seats may be located outside the enclosed building.

Rooms to Let: The "letting of rooms" may include table board or sharing of cooking facilities of the "dwelling unit" but shall not include the provision of separate cooking facilities in or for such rooms.

Sanitary Sewer System: A system of pipes, including lateral collection pipes, trunk lines or interceptor lines, connected to a sewage treatment plant that discharges treated effluent into a receiving stream.

Setbacks - Fences, Walls and Terraces: The provisions on setbacks in these Regulations shall not be construed to apply to fences or walls six (6) feet or less in height or to necessary retaining walls or to unroofed terraces or to temporary tents for noncommercial use.

Signs: See Paragraph 10.2 of Section 10.

Soil Erosion and Sediment Control Plan: See Town of Southbury Soil Erosion and Sediment Control Ordinance, including related definitions therein.

Story: A "story" is that portion of a building between the surface of any floor and the surface of the floor, ceiling or roof next above. Attics shall be considered a "story." A basement or cellar having a ceiling five (5) feet or more above the ground elevation datum for the building, as determined in the measurement of "height", shall be considered a "story."

Story, Half: A "half story" (½) is the highest most story of the building, having a stairway access located within the walls of the building and where all floor area having a ceiling height of seven (7) feet or more does not exceed 50% of the floor area of the story next below.

Street: A "street" shall mean any Town or State Highway, except limited access State Highway, or any street shown on a subdivision map approved by the Planning Commission and filed in the land records of the Town of Southbury.

Street Line: The term "street line" shall mean the right-of-way, easement or taking line of any public or private street, except limited access State Highway, or of any easement of access or private right-of-way 20 feet or more in width.

Structure: Anything which is constructed or erected and the use of which requires more or less permanent location on ground or water areas or attachment to something having permanent location on ground or water areas, not, however, including wheels; an edifice or a building of any kind; any production or piece of work, artificially built up or composed of parts and joined together in some definite manner, including signs, vending machines, fences or walls, a wharf or dock, an above-ground tank, or a detached solar panel or satellite dish. A structure shall not include a flagpole or an ornamental well.

Tower means a structure that is intended to support equipment for receiving and/or transmitting electromagnetic waves. Design examples of towers include self-supporting lattice, guyed, and monopole.

Trailer: The term "trailer" shall include "mobile home" and shall be deemed to be any vehicle which is used, or is designed or intended to be used, for human habitation as sleeping or living quarters and which is or may be mounted on wheels or may be propelled either by its own power or by another power-driven vehicle to which it may be attached or by which it may be carried.

Undertakers' Establishments shall mean: Funeral Service Business as defined under the Connecticut General Statutes.

Water Courses: The term "water courses" shall be construed to consist of water courses as defined in the Inland Wetlands and Water Courses Regulations of the Town of Southbury.

Wetlands: The term "wetlands" shall be construed to consist of wetlands as defined in the Inland Wetlands and Water Courses Regulations of the Town of Southbury.

Wireless communication facility means the antenna, telecommunications equipment, communication towers, monopoles and/or support structures and any building enclosures used together in conjunction with the provision of wireless communication services. These services may include, but are not limited to cellular communications, personal communication services, and paging.

1.8 Earth Removal and Deposit: The excavation or grading of earth, loam, topsoil, sand, gravel, clay or stone on any lot, and the deposit of such materials upon or removal from any lot, are permitted only in accordance with the requirements of Section 8.

1.9 Minimum Access: No ZONING PERMIT shall be issued for the construction, reconstruction, enlargement, extension, moving or structural alteration of a building or other structure unless such building or other structure is located on a lot having a frontage of 20 feet or more on a) a State Highway, other than a limited access State Highway, b) an accepted Town Highway or Street that is not closed for vehicular travel by the Board of Selectmen or c) a highway or street shown on a map, approved by the Southbury Planning Commission and filed in the Office of the Southbury Town Clerk, and either constructed in accordance with the requirements of said Commission or guaranteed to be so constructed by a bond in full force and effect, provided however that a ZONING PERMIT may be so issued under the access exceptions of Sections 3 and 4 of a certain ordinance of the Town of Southbury adopted effective July 17, 1972. Interior lots meeting the standards for access, specified in Par. 1.7, and connected to one of the aforesaid highways or streets are deemed to conform to the minimum access requirements of this paragraph.

(Ord. of 11-17-05, § 2; Ord of 3-22-07, § 2; Ord. of 11-9-11, § I; Ord. of 10-18-12(2), § I; Ord. of 5-1-15, § 2; Ord. of 10-14-20; Ord. of. 8-3-23(1), § 1; Res. of. 6-11-25(1))