[Amended 6-27-2022; 2-26-2024; 11-25-2024; 4-14-2025; 7-28-2025]
As used in these regulations, the following terms shall have the meanings indicated:
ABOVEGROUNDAny structure that is not buried and is fully visible for inspection.
ACCESSIBILITY FEATURESStructures or building modifications intended to allow a person or persons with mobility impairments to access or utilize a building or property, in accordance with the provisions of the Americans with Disabilities Act.
ACCESSORY APARTMENTA second dwelling unit that is part of an existing single-family detached dwelling, or is located in a separate accessory building on the same lot as the main dwelling, with provision within the accessory apartment for cooking, eating, sanitation and sleeping. Such a dwelling unit is subordinate to the main dwelling.
ACCESSORY BUILDING, STRUCTURE OR USEA building or structure or use which is subordinate and customarily incidental to the main building, structure and use on a lot. The term "accessory building" or "accessory structure," when used in connection with a farm, shall include all buildings and structures customarily used for farm purposes. No accessory building, structure or use shall be established in the absence of a principal building or use.
ACCESSORY RESIDENTIAL USESAncillary uses and structures to single- or multifamily uses, including, but not limited to, pool houses, maintenance sheds, detached garages, swimming pools and community centers (in TCR and TG Districts only), but shall not include accessory apartments.
ADEQUATE CAPACITYCapacity is considered to be "adequate" if the grade of service (GOS) is p.05 or better for median traffic levels offered during the typical busy hour, as assessed by direct measurement of the personal wireless service facility in question. The GOS shall be determined by the use of standard Erlang B Calculations. As call blocking may occur in either the land line or radio portions of a wireless network, adequate capacity for this regulation shall apply only to the capacity of the radio components. Where capacity must be determined prior to the installation of the personal wireless services facility in question, adequate capacity shall be determined on the basis of a 20% busy hour (20% of all offered traffic occurring within the busiest hour of the day), with total daily traffic based on aggregate estimates of the expected traffic in the coverage area.
ADEQUATE COVERAGECoverage is considered to be "adequate" within that area surrounding a base station where the predicted or measured median field strength of the transmittal signal is greater than or equal to -95 dbm for at least 75% of the intended coverage area. It is acceptable for there to be "holes" within the area of adequate coverage where the signal is less than -95 dbm, as long as the signal regains its strength to greater than or equal to -95 dbm further away from the base station. For the limited purpose of determining whether the use of a repeater is necessary or desirable, there shall be deemed not to be adequate coverage within said holes. The outer boundary of the area of adequate coverage, however, is that location past which the signal does not regain a strength of greater than or equal to 95 dbm.
ADULT-ORIENTED ESTABLISHMENTIncludes, without limitation, "adult bookstores," "adult motion-picture theaters," "adult mini-motion-picture theaters" and commercial establishments containing one or more "adult amusement machines," as defined in Chapter
162, Adult Entertainment, of the Town Code. "Adult-oriented establishment" further means any premises to which the public, patrons or members are invited or admitted and which are so physically arranged as to provide booths, cubicles, rooms, studios, compartments or stalls separate from the common areas of the premises for the purpose of viewing adult-oriented motion pictures, or any premises wherein an entertainer provides adult entertainment to a member of the public, a patron or a member, when such adult entertainment is held, conducted, operated or maintained for a profit, direct or indirect. An "adult-oriented establishment" further includes, without limitation, any adult entertainment studio or any premises that are physically arranged and used as such, whether advertised or represented as an adult entertainment studio, rap studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio, or any other term of like import.
AFFORDABLE HOUSINGHousing that is affordable as per C.G.S. § 8-30g or C.G.S. § 8-202, as applicable.
ALTER; ALTERATIONAs applied to a building or structure, means a change or rearrangement in the structural parts thereof, the movement of all or any part thereof, or the substantial reconstruction thereof, so as to produce a substantial change in appearance, character or construction; also means an enlargement, whether by increasing in height, coverage, volume or floor area. As applied to a use, means a change or enlargement in the character, area occupied by, intensity or scope of the use, including, but not limited to, the extension of hours of operation, the addition of other activities, equipment, functions or processes, or the extension into additional land or building area.
ANTENNAThe surface from which wireless radio signals are sent and received by a wireless service facility.
ARTISAN PRODUCTIONThe manufacturing of products primarily by hand by persons trained in an artistic skill, including ceramics, pottery, glass blowing or sculptures.
AVERAGE NATURAL GRADEThe naturally existing mean grade measured at the corners of the structure or proposed structure prior to any excavation, leveling, grading or filling at the building foundation.
BAKERYA commercial establishment for the making of baked goods where sales of such goods are to other establishments or to customers who are not served baked goods or other food or beverages in the establishment. A bakery where customers are served at tables or counters shall be classified as a restaurant.
BANKS AND FINANCIAL INSTITUTIONSAn establishment that provides retail banking, credit and mortgage, or insurance services to individuals and businesses. This classification includes firms, check cashing and currency exchange outlets and standalone automated teller machines. This does not include payday loan/alternative financial establishments.
BANQUET FACILITYA facility or hall which is rented by individuals or groups to accommodate private or public functions, including, but not limited to, banquets, weddings, anniversaries, meetings or conventions. Such facility may serve food and beverages, including alcoholic beverages, for consumption during events. The facility may also have outdoor meeting spaces. In some instances, lodging or a restaurant may also be associated with the facility as either accessory or principal uses.
BARNA building used for the shelter of livestock raised on the lot, the storage of agricultural products produced or consumed on the lot or the storage and maintenance of farm equipment and agricultural supplies used for the agricultural operations on the lot, but excluding retail sale of products.
BASE FLOODA flood having a 1% chance of being equaled or exceeded in any given year as shown on the most recent FEMA maps.
BASEMENTThat portion of a building having its floor subgrade (below ground level) on all sides.
BED-AND-BREAKFASTLodging rooms for paying transient visitors located in a single-family dwelling that meets these regulations.
BEST MANAGEMENT PRACTICEGuidelines designed by a federal, state or other qualified agency which describe methods of building or operating a facility or of using land so as to minimize or eliminate pollution of ground- or surface water drinking supplies and other negative impacts to the environment or living organisms.
BETTER SITE DESIGNSite design approaches and techniques that can reduce a site's impact on the watershed through the use of nonstructural LID practices. Better site design includes conserving and protecting natural areas and greenspace, reducing impervious cover and using natural features for LID.
BOARDINGHOUSEA building, other than a hotel, having a shared kitchen, where lodging or rooms, or both, are provided for compensation, whether directly or indirectly for long-term residents.
BREWERY, LARGEAn establishment where beer and malt beverages are made on the lot at an annual beer production rate of 15,000 barrels or more. No ancillary merchandise sales are permitted.
BREWERY, MICRO An establishment where beer and malt beverages are made on the lot and then sold or distributed, and which produces less than 15,000 barrels (a barrel is approximately 31 gallons) of beer and malt beverages per year. Microbreweries sell to the public by one or more of the following methods: the traditional three-tier system (brewer to wholesaler to retailer to consumer); the two-tier system (brewer acting as wholesaler to retailer to consumer); and directly to the consumer. A microbrewery may engage in ancillary sales of merchandise promoting the products produced thereby.
BREWPUBAn establishment where beer and malt beverages are made on the lot in conjunction with a restaurant or bar and where 40% or more of the beer produced on site is sold on site. Where allowed by law, brewpubs may sell beer "to go" and/or distribute to off-site accounts.
BUILDINGAn independent structure having a roof supported by columns or walls resting on its own foundation, and includes sheds, garages, stables, boathouses, canopies, greenhouses or other accessory buildings. When any portion of a building is separated from every other portion by a division wall, without openings, such separated portion shall be deemed a separate building.
BUILDING AREAThe ground enclosed by the walls of a building, including the area of all covered porches and other roofed portions, but excluding cornices, eaves, gutters, chimneys and other like architectural details not projecting more than 30 inches, and further excluding any unroofed steps, balconies, porches and terraces.
BUILDING HEIGHTThe distance between a horizontal line at the average existing pre-development grade of the lot directly beside the structure, and the highest point of the coping of a flat roof, the top of a mansard roof, the midpoint of any pitched gable, hip or gambrel roof, or measured between the first (aboveground) floor ceiling and the peak of the roof on an "A" framed structure.
BUILDING LINEA line parallel to a street at a distance equal to the required front yard, or at a greater distance when otherwise established by the Town, or where established by the owner and recorded in land records of the Town.
BULK STORAGE FACILITYA facility whose primary purpose is the storage, distribution, mixing or transfer of flammable or combustible liquids, gases or solids, received or transferred by truck, train, tank vessel, pipelines, tank car, piping, portable tank or containers, or other method, including propane, methane, ethanol, gasoline, kerosene, oil, coal and other fuels. This definition shall not include filling stations used solely for distribution to individual consumers; nor shall it include fuel stored at or on an agricultural farm, residence, business or other facility where use of the same is limited primarily to on-site consumption.
C.G.S.The Connecticut General Statutes, as amended.
CAMOUFLAGED OR STEALTH FACILITYA wireless communication facility that is disguised to appear more in keeping with the landscape of the area in which it is located or is otherwise hidden or made to appear to be part of an existing or proposed structure, or is placed within an existing or proposed structure. For example, a wireless communication tower designed to have the appearance of a tree is considered a camouflaged or stealth wireless facility.
CAMPSITEA plot of ground as part of a commercial recreation operation intended for the accommodation of either a recreational vehicle, tent, or other individual camping unit on a temporary basis.
CANNABISMarijuana as defined in C.G.S. § 21a-240.
CANNABIS CULTIVATORAn establishment that is licensed to engage in the cultivation, growing and propagation of the cannabis plant at an establishment with not less than 15,000 square feet of grow space.
CANNABIS ESTABLISHMENTA producer, dispensary facility, cultivator, micro-cultivator, retailer, hybrid retailer, food and beverage manufacturer, product manufacturer, product packager, delivery service or transporter of cannabis as defined in Public Act 21-2. For the purpose of this definition, cannabis establishments shall be regulated by zoning district.
CANNABIS MANUFACTURERAn establishment that is licensed to obtain cannabis, extract and manufacture products exclusive to such license type.
CANNABIS MICRO-CULTIVATORAn establishment for cultivation, growing, propagation, manufacturing and packaging of the cannabis plant, containing between 2,000 square feet and 10,000 square feet of grow space prior to any expansion authorized by the Department of Consumer Protection up to 25,000 square feet.
CANNABIS RETAILAn establishment licensed to sell cannabis to consumers and research programs. For the purposes of this definition, an establishment which is licensed to sell cannabis and medical marijuana (hybrid retailer) shall be considered a cannabis retailer.
CAR WASHA building and surrounding area of a lot that provides vehicle washing facilities where there is an employee on site during all hours of operation and washing and related cleaning services are not self-service and are provided by automated washing equipment, including a blower, or other mechanical devices, and which may employ some hand labor.
CARRIERA company that provides communication services.
CEMETERYA burial ground for the interment of the human dead, including columbaria and mausoleums, but excluding crematories or mortuaries classified as undertaking, funeral and interment services.
CERTIFICATIONA signed, written approval on forms, authorized by the Planning and Zoning Commission and/or Zoning Board of Appeals, by the Enforcement Officer, designated agent of the Winchester Planning and Zoning Commission, or the Litchfield County Soil and Water Conservation District that a soil erosion and sediment control plan complies with the applicable requirements of these regulations. Each such certification shall be filed with the applicant's land record held by the Zoning Enforcement Officer and further filed with the Town Clerk's Land Records as required by the Planning and Zoning Commission and/or the Zoning Board of Appeals.
CLEAR-CUTTINGThe cutting of more than 50% of trees of six inches or greater in diameter at five feet above grade over a 2,000 square foot land area.
CLUBAn organization of persons incorporated pursuant to the provisions of the membership corporations law or the benevolent orders law, which is the owner, lessee or occupant of an establishment operated solely for a recreational, social, patriotic, political, benevolent or athletic purpose, but not for pecuniary gain, and includes the establishment so operated.
CO-LOCATIONThe use of a single mount on the ground by more than one carrier (vertical co-location) and/or several mounts on an existing building or structure by more than one carrier.
COLD STORAGE PLANTA facility for the cooling, freezing and cold storage of perishable food products and other perishables.
COLLEGEAn institution of higher education providing curricula of a general, religious or professional nature, typically granting recognized degrees, including conference centers and academic retreats associated with such institutions. This classification includes business and computer schools, management training, technical and trade schools, but excludes personal instructional services.
COMMENCEMENTThe first placement of permanent construction of a structure on a site, such as pouring of slabs or footings or any work beyond the stage of excavation or the first permanent framing of assembly of the structure or any part thereof on its piling or foundation when a structure is without a basement or poured footings.
COMMISSARYAn establishment other than a restaurant in which food, containers or supplies are kept, handled, prepared, packaged or stored for transportation by mobile food establishments, and that serves as an operating base for a restaurant or catering business. A restaurant may serve as a commissary for a catering business which is owned and operated by the restaurant.
COMMISSIONThe Planning and Zoning Commission of the Town of Winchester. A member of the Commission is a "Commissioner."
COMMUNICATIONS FACILITIESPublic, commercial and private electromagnetic and photoelectric transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, data network and wireless communications, including commercial earth stations for satellite-based communications. Facilities include antennas, commercial satellite dish antennas, and equipment buildings. See §
415-53, Telecommunications facilities.
COMMUNITY CENTER, PRIVATEA building owned and operated by the owner of a lot in a TCR, TG or PI District for recreational and social activities for the owners or occupants of the lot.
CONTAINERA freestanding storage device used exclusively for refuse, recycling or compacting that meets the requirements of these regulations.
COUNTRY INNA facility having 10 or fewer guest rooms in which lodging is offered for compensation and meals for guest lodgers only may be offered, that meets the requirements of these regulations.
CULTURAL INSTITUTIONA nonprofit organization engaged primarily in the performing arts or in the display or preservation of objects of interest in the arts or sciences that is open to the public on a regular basis. This classification includes performing arts centers for theater, dance and events, museums, historical sites, art galleries, libraries and observatories.
DEMOLISHEDAny act or process that destroys, in part or in whole, a building or structure.
DEVELOPMENTAny man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations or permanent storage of materials or equipment.
DISTILLERYA facility for distillation of fermented products to produce distilled beverages with high alcohol content. Such facility may include bottling, packaging, warehousing, distribution, tasting and tours as allowed by state law. When also allowed by state law, distillers may sell distilled spirits "to go" and/or distribute them to off-site accounts.
DISTURBED AREAAn area where the ground cover is destroyed or removed, leaving the land subject to accelerated erosion.
DRIVEWAYA vehicular lane within a lot, or shared between two lots, usually leading to a rear yard, garage, other parking or loading area.
DRUG STORE, LARGE-FORMATA commercial establishment with a gross floor area of 5,000 square feet or greater, which fills a broad range of pharmaceutical prescriptions, and which primarily includes the display and sale of health and beauty products and general merchandise.
DRUG STORE, SMALL-FORMATA commercial establishment with a gross floor area of less than 5,000 square feet, which fills a broad range of pharmaceutical prescriptions, and which includes the display and sale of health and beauty products and general merchandise on at least 65% of its gross floor area.
DUSTLESS SURFACE (TEMPORARY SURFACES)The ground treated with calcium chloride, crushed stone, turf grass or similar dust-inhibiting surfaces, and maintained in good condition at all times.
DWELLINGA building or portion thereof designed exclusively for residential occupancy, including single-family, two-family, multiple dwellings, townhouses, congregate dwelling and seasonal cottages, but not including hotels, motels, bed-and-breakfasts or an inn.
DWELLING UNITA building, structure, unit or portion thereof, providing complete housekeeping facilities, including only one kitchen for one household, living independently of each other. An additional kitchen unit is permitted through a special permit.
DWELLING, CONGREGATEA dwelling containing two or more dwelling units occupied by persons 62 years of age or older, together with common facilities sufficient to meet the needs of all residents, which shall include a common kitchen, dining and meeting and laundry facilities, and may include other common facilities.
DWELLING, MULTIFAMILYA building or portion thereof containing three or more dwelling units and uses accessory to such multifamily uses.
DWELLING, SINGLE-FAMILYA. The primary building on a lot designed for occupancy by one family, which for purposes of these regulations shall mean a building containing multiple single-family dwellings being separated horizontally by fire-resistive walls without openings and each having independent access to the exterior of the building in the ground story.
B. A building or structure designed or used exclusively for residence purposes by one household; each dwelling being separated by open space or yards.
ELEVATIONThe elevation at grade or ground level may be given in many ways, usually "above mean sea level" (AMSL). The height of a wireless service facility is often given in "above ground level" (AGL). AGL is a measurement of height from the natural grade of a site to the highest point of a structure. The total elevation of the wireless service facility is AGL plus AMSL.
ENFORCEMENT OFFICER, INLAND WETLANDThe Town of Winchester Inland Wetlands Commission, acting as the designated agent for the Commission, or, to the extent that the Winchester Inland Wetlands Commission does not accept such designation, the Litchfield County Soil and Water Conservation District.
ENLARGEMENT; TO ENLARGEAny addition to the floor area of an existing building, an increase in the size of any other structure or an increase in that portion of a tract of land occupied by an existing use. "To enlarge" is to make an enlargement.
ENVIRONMENTAL ASSESSMENT (EA)An EA is the document required by the Federal Communications Commission (FCC) and the National Environmental Policy Act (NEPA) when a wireless communication facility is placed in certain designated areas.
EQUIPMENT SHELTERAn enclosed structure, cabinet, shed or box at the base of the mount within which are housed batteries and electrical equipment.
EROSIONThe detachment and movement of soil or rock fragments by water, wind, ice or gravity.
EXPAND; TO MAKE AN EXPANSION; EXTENSIONAn increase or amplification, as distinguished from establishment or inception. "Extension" shall be deemed to include the expansion in the seasons or periods of use of a nonconforming seasonal use, or of a seasonal dwelling on a nonconforming lot; and any increase in the normal days or hours of operation, or any increase in the scope of services offered, of any nonconforming, nonresidential use of land, buildings or structures.
FALL DISTRICTThe area on the ground within a prescribed radius from the base of a wireless communication facility. The fall district is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material.
FARMA tract of land containing at least five acres used for agriculture, as that term is defined in C.G.S. § 1-1(q), to produce agricultural, aquaculture, horticultural, floricultural, vegetable, tree or fruit products, and also including the raising of horses and other farm animals, but excluding the slaughtering of animals not raised on the lot. The term "farming" includes farm buildings and accessory farm buildings and structures and uses that are incidental to the normal farm operations.
FARM STAND, PERMANENTA permanent structure, or a part of an existing structure, accessory to a farm at which farm produce is sold to the general public and meeting the requirements of these regulations.
FARM WINERYAny premises on which fruit is grown and wine/wine products are manufactured, stored and sold, meeting the permit requirements of C.G.S. § 30-16 (as amended) and the applicable definitions and guidance of Title 22 (as amended) of the Connecticut General Statutes and in accordance with the requirements of these regulations.
FARMINGActivities incidental and related to occupation and use of a farm.
FINISHED GRADEAny surface which has been cut to or built to the elevation indicated for that point. Surface elevation of lawn, driveway or other improved surfaces after completion of grading operations.
FLOOD CONTROLThe prevention or reduction of flooding and flood damage.
FLOOD INSURANCE RATE MAPAn official map of a community on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the applicable risk-premium districts.
FLOODINGA local and temporary inundation or a rise in the surface of a body of water, such that it covers land not usually under water.
FRONT FACADEThe primary public-facing vertical surface of a building containing the primary pedestrian entrance to the building.
FUNERAL, UNDERTAKING AND INTERMENT SERVICEAn establishment primarily engaged in the provision of services involving the care, preparation or disposition of human dead. Typical uses include funeral parlors, crematories, mortuaries or columbaria.
GRADINGAny excavating, grubbing, filling (including hydraulic fill) or stockpiling of earth materials or any combination thereof, including the land in its excavated or filled condition.
GREEN SPACEAn area of grass, trees, landscaping or other vegetation set apart for recreational or aesthetic purposes and not containing any structures or driveways.
GROSS FLOOR AREAThe sum of the horizontal areas of all the floors of a building or structure, measured from the exterior faces of exterior walls or from the center line of walls separating buildings, structures or uses, and shall include the area of basements used for purposes with the following exception: The floor area of a basement occupied by building utilities and equipment, such as heating or ventilating equipment, or other similar equipment accessory to the building shall not be included in the calculation of gross floor area. The horizontal area of each floor level devoted to stairwells and elevator shafts shall be included in the calculation of gross floor area.
GROUNDWATERAll water beneath any land surface, including water in the soil and bedrock beneath water bodies.
GUYED TOWERA monopole or lattice tower that is tied to the ground or other surface by diagonal cables.
HABITABLE FLOOR AREAThe sum of the total horizontal area of those portions of each floor of a dwelling which are used as measured from the exterior faces of the walls of the dwelling. It does not include basements, unenclosed porches, attics, garages or accessory buildings not used for human occupancy. In determining the habitable floor area of an accessory apartment or dwelling unit within a multifamily dwelling, the center line of the interior wall(s) shall be used in the calculation.
HAZARDOUS MATERIALSA. 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 1% hazardous substances based on volume;
B. Any hazardous waste as defined in Section 22a-449(c)-101 of the Regulations of Connecticut State Agencies;
C. Any pesticide as defined in C.G.S. § 22a-47, which means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest, or any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant; or
D. Any oil or petroleum as defined in C.G.S. § 22a-448, which means oil or petroleum of any kind or in any form, including, but not limited to, waste oils and distillation products such as fuel oil, kerosene, naphtha, gasoline and benzene, or their vapors.
HAZARDOUS WASTEAs defined in Section 22a-449(c)-101 of the Regulations of Connecticut State Agencies.
HELIPADA site at ground level or roof structure for the landing and takeoff of manned helicopters (but excluding other forms of aircraft capable of vertical takeoffs or landings) associated with a medical office, large format or as an accessory for private use by the owner of property on which such helipad is located or by persons authorized by the owner.
HOME FARMINGThe cultivation of the soil for the production of crops substantially for noncommercial home consumption on a lot as an accessory use to a single-family dwelling, which may include the breeding, raising or keeping of animals for personal and noncommercial purposes as an accessory use to a single-family dwelling, in accordance with the requirements of these regulations.
HOME OCCUPATIONA business, profession, occupation or trade conducted for gain or support entirely in a residential dwelling or a structure accessory thereto, which is incidental and secondary to the use of the dwelling and which does not change the essential residential character of the building. A home occupation shall include a "traditional home enterprise" and may require the issuance of a special permit prior to establishment.
HOSPITALA voluntary, not-for-profit, acute care and short-term general hospital licensed by the State of Connecticut; which provides medical, surgical, psychiatric and obstetrical care primarily to inpatients and emergency room, ambulatory and clinical care for outpatient diagnosis and treatment and other uses customarily associated with a hospital. A hospital shall include, but is not limited to, offices for hospital administrators and hospital employees, including physicians who work for or are under contract with the hospital; hospital support facilities, such as medical laboratories, diagnostic testing centers, physical therapy and inpatient pharmaceutical facilities; storage facilities for medical equipment and supplies; hospital operations and maintenance facilities, such as food service and laundry facilities, housekeeping and maintenance storage areas; extended-care facilities; overnight accommodations and cafeteria facilities for on-duty hospital employees and medical residents; medical libraries, research and educational facilities; cogeneration, incineration, water, electrical and heating equipment facilities; and off-street parking facilities.
HOTELA building providing lodging for persons, with or without meals, and intended primarily for the accommodation of transients.
HOUSEHOLDA person living alone or two or more persons living together as a single housekeeping unit, as distinguished from two or more persons living together in any congregate or group housing. For purposes of these regulations, the following shall create a rebuttable presumption that the group is not a single housekeeping unit:
A. Keyed lock(s) on any interior door(s) to prevent access to any area of the dwelling unit with sleeping accommodations.
B. Members of the group have separate leases, or subleases and/or make separate rent payments to a landlord.
C. The group significantly re-forms over the course of a twelve-month period by losing and/or gaining members.
IMPERMEABLEMaterial impenetrable by water or other substances.
IMPERVIOUS SURFACEAny material or structure on or above the ground that prevents water from infiltrating through the underlying soil. Impervious surface is defined to include, without limitation: parking lots, sidewalks, rooftops, driveways, patios, and paved, gravel and compacted dirt surfaced roads. Decks constructed so as to allow water to flow through the surface using open boards, which sit over an otherwise pervious surface, are not considered impervious surfaces.
INDEPENDENT LIVING RETIREMENT FACILITYHousing where the occupants, at least 50% of whom are 60 years of age or older, are capable of living independently, but where programs or services are provided on-site to support them in life enrichment and enjoyment and maintaining life skills that promote independent living.
INDUSTRIAL LAUNDRYAn establishment containing commercial laundry machines and equipment for the cleaning and drying of clothing, towels, rags, mats and other linens used for or in connection with commercial purposes.
INFILTRATIONThe act of conveying surface water into the ground to permit groundwater recharge and the reduction of stormwater runoff from a project site.
INSPECTIONThe periodic review of sediment and erosion control measures shown on the certified plan.
JUNKYARDAn establishment for the storage and dismantling of vehicles and equipment for sale of parts, as well as the collection, storage, exchange or sale of goods, including, but not limited to, any used building material, used containers or steel drums and similar or related articles or property.
KENNELAny lot on which four or more cats or dogs six months old or older are kept for commercial operations for boarding, grooming, training or sale.
LABORATORYAn establishment for scientific research, investigation, testing or experimentation, but not for manufacturing or sales of products, and not for the analysis of blood, tissue or other human or animal components associated with any medical use.
LANDSCAPED AREAAn open area, unoccupied, except by residential walks and driveways, except that nonresidential walks and driveways may cross a street yard. Landscaped areas shall be constructed and maintained in lawn, suitable evergreen ground cover or stone, slate or concrete paving not exceeding 40% of the required area. Deciduous and evergreen trees and shrubs shall also be provided as deemed appropriate and necessary by the Commission. Bituminous materials may be used only on areas where such surface is required for a specific recreational use, or for a permitted vehicular use.
LANDSCAPED BUFFERAn open, unoccupied area, as above, but requiring also a mixture of evergreen and deciduous trees, and other plant materials which will in a reasonable time produce a visual barrier between adjacent land uses of different types. Where landscaped buffers are required, a planting plan and plant list with types and sizes shall be required as part of the site development plan requiring approval.
LATTICE TOWERA type of mount that is self-supporting with multiple legs and cross-bracing of structural steel.
LICENSED CARRIERA company authorized by the FCC to construct and operate a wireless communication facility.
LID (LOW-IMPACT DEVELOPMENT)Low-impact development is a site design strategy intended to maintain or replicate pre-development hydrology through the use of small-scale controls integrated throughout the site to manage runoff as close to its source as possible. See the CT Stormwater Quality Manual, available on the CT DEEP website or in the Planning and Development Office, for more information.
LOTA parcel of land occupied or capable of being occupied, in conformity with these regulations, by one principal building (or more than one principal building where specifically permitted hereunder) and accessory structures or uses customarily incident to it, including such open spaces as are required by these regulations.
LOT AREAThe total area within the boundary lines of a lot not covered by water.
LOT COVERAGEThe portion of a lot, expressed as a percentage, that is covered in buildings or other structures as to the total area of the lot.
LOT DEPTHThe horizontal distance between the front lot line and rear lot line of a lot measured perpendicular to the front lot line.
LOT FRONTAGEThe lot line(s) dividing the lot from the right-of-way of a street or streets.
LOT LINEA line of record bounding a lot.
LOT LINE, FRONTA lot line dividing a lot from a street. On a corner lot, only one street line may be considered as a front line and only one yard the front yard. The front lot line is the lot line directly opposite the front facade of a building. In the case of a rear lot, the front lot line shall be considered the line or lines most nearly parallel to and closest to a street or streets providing lot frontage.
LOT LINE, REARAll lot lines other than front lot lines and side lot lines.
LOT LINE, SIDEAll lot lines extending from a street or a front lot line toward a rear lot line. The line or lines bounding a lot which extend from the street towards the rear in a direction approximately perpendicular to the street. In the case of corner lots, all lot lines other than the front lot line shall be considered side lot lines.
LOT, CORNERA lot having two adjacent sides facing a street or streets, with an interior angle of intersection of not more than 120°, and a street line curve of less than 100 feet.
LOT, MINIMUM WIDTH OFThe distance between the side lot lines in a straight line at right angles to the mean direction of such side lot lines, which lines of measurement shall touch, but not be in front of the building line. In the case of a corner lot, the minimum width shall be measured at, but not on the street side of, the building line, and shall extend from the side lot line to the opposite street line.
LOT, REARA lot on which the buildable area is located generally to the rear of other lots having frontage on the same street and having access to the street via an accessway that is part of the rear lot.
LOT, THROUGHA lot with two or more frontage lines that do not intersect.
MAINTENANCE SHEDA freestanding permanent accessory building not exceeding 200 square feet in total floor area, designed and used for the storage or location of tools, materials and equipment associated with the maintenance of the lot, including all structures and ground area.
MANUFACTURED HOMEA pre-built detached residential unit having three-dimensional components which is intrinsically mobile, with or without a wheeled chassis, built on or after June 15, 1976, in accordance with the Manufactured Home Construction and Safety Standards established by the US Department of Housing and Urban Development, capable of being transported in one or more sections on a permanent chassis. The term "manufactured home" shall not include a modular or unitized dwelling placed on permanent foundation, which for the purpose of these Zoning Regulations are considered single-family dwellings.
MANUFACTURING, HEAVYThe manufacture, compounding, assembly, fabrication, packaging or processing of goods and materials using processes that ordinarily create noise, smoke, fumes, odors, glare or health or safety hazards outside of the building or lot and where the outdoor storage of goods and materials used in such processes may exceed 25% of the floor area of all buildings on the property. Heavy manufacturing shall not include garbage and refuse incineration or dumping of matter not originating on the premises, except by the Town, distillation of bones, rendering of fat or reduction of animal matter, manufacture of glue, oil refining, stockyards, feeding pens or the slaughtering of animals.
MANUFACTURING, LIGHTThe manufacture, compounding, assembly, fabrication, packaging or processing of goods and materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare or health or safety hazards outside of the building or lot and where the outdoor storage of goods and materials used in such processes does not exceed 25% of the floor area of all buildings on the property. Light manufacturing shall not include hazardous materials treatment. No operation involving the rendering of fats, oils or viscera is permitted, unless:
A. There is no danger to the public health, or of steam pollution created on or off the premises; and
B. The waste products of such operation are properly processed to inhibit the release of objectionable or noxious solids, liquids and/or gases off the premises.
MEAN SEA LEVELFor purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
MEDICAL MARIJUANA DISPENSARY FACILITYA secure, indoor facility where the production of medical marijuana occurs and is operated by a person to whom the Connecticut Department of Consumer Protection has issued a production facility permit under Public Act 12-155 and Sections 21a-408-1 to 21a-408-70, inclusive, of the Regulations of Connecticut State Agencies.
MEDICAL MARIJUANA PRODUCTION FACILITYA place of business where medical marijuana may be dispensed or sold at retail to qualifying patients and primary caregivers and for which the Connecticut Department of Consumer Protection has issued a dispensary facility permit under Public Act 12-155 and Sections 21a-408-1 to 21a-408-70, inclusive, of the Regulations of Connecticut State Agencies.
MEDICAL OFFICE, LARGE-FORMATA medical office facility with a gross floor area of 5,000 square feet or more, other than a hospital, where medical, mental health, surgical and other personal health services are provided on an outpatient basis. Examples of these uses include: offices for physicians, dentists, chiropractors or other health care professionals; outpatient care facilities; urgent care facilities, emergency departments and associated helipads; and other allied health services. These facilities may also include incidental medical laboratories. Counseling services by other than medical doctors or psychiatrists are included under "professional offices." Patients are not provided with room and board and are not kept overnight on the lot. Medical services and medical clinics include medical and dental laboratories incidental to the medical office use. Clinics shall be allowed as an accessory use.
MEDICAL OFFICE, SMALL-FORMATA facility with a gross floor area under 5,000 square feet, other than a hospital, where medical, mental health, surgical and other personal health services are provided on an outpatient basis. Examples of these uses include: offices for physicians, dentists, chiropractors or other health care professionals; outpatient care facilities; urgent care facilities; and other allied health services. These facilities may also include incidental medical laboratories. Counseling services by other than medical doctors or psychiatrists are included under "professional offices." Patients are not provided with room and board and are not kept overnight on the lot. Medical services and medical clinics include medical and dental laboratories incidental to the medical office use. Clinics shall not be allowed as an accessory use.
MIXED-USE BUILDINGA building or defined area in which a combination of uses that are permitted uses or allowed as special permits in the district in which the building is located. This includes one or more dwelling units above a commercial use on the first floor. The first floor shall be the floor closest to the same level as the primary street in front of the building.
MOBILE HOMEA pre-built detached residential unit having three-dimensional components which are intrinsically mobile, with or without a wheeled chassis, built prior to June 15, 1976, containing sleeping accommodations, a flush toilet, tub or shower bath, kitchen facilities and plumbing and electrical connections for attachment to outside systems, and designed for long-term occupancy and to be placed on rigid supports at the site where it is to be occupied as a residence, complete and ready for occupancy; except for minor and incidental unpacking and assembly operations and connection to utilities systems.
MOBILE HOME PARKA parcel of land, subdivided into "sites," for the purpose of leasing, but not for the sale, of sites and/or trailers and sites.
MONOPOLE TOWERThe type of mount that is self-supporting with a single shaft of wood, steel, fiberglass or concrete and a platform (or racks) for panel antennas arrayed at the top.
MOTOR VEHICLE FUEL SALESA building or other structure on a tract of land, used for the direct retail sale of gasoline, diesel or other fuels for motor vehicles.
MOUNTThe structure or surface upon which antennas are mounted, including the following four types of mounts:
MUNICIPALITYAs defined in C.G.S. § 22a-354h, means any town, consolidated town and city, consolidated town and borough, city or borough; for the purposes of these regulations, "municipality" means the Town of Winchester.
NEW CONSTRUCTIONStructures for which the "start of construction" commenced on or after the effective date of these regulations and includes any subsequent improvements to such structures.
NONCONFORMING BUILDING OR STRUCTUREA building or structure that has legally existed since before the adoption of these regulations, or any relevant amendment thereto, and that does not meet one or more of these regulations.
NONCONFORMING LOTA lot that has legally existed since before the adoption of these regulations, or any relevant amendment thereto, and that does not meet the requirements for the district in which the lot exists.
NONCONFORMING SITUATIONA nonconforming use, nonconforming building or structure, or nonconforming lot lawfully existing at the time of the adoption of these regulations, or any relevant amendment thereto, which does not conform to the requirements of these regulations or such amendment.
NONCONFORMING USEA use of a lot, building or structure that has legally existed since before the adoption of these regulations, or any relevant amendment thereto, and that does not meet the use requirements for the district in which the nonconforming use or lot exists. A nonconforming use may be a nonconforming use of land only, of a building or structure only, or of a building, structure and land in combination.
NONPOINT SOURCE POLLUTIONPollution from many diffuse sources caused by rainfall or snowmelt moving over and through the ground. As the runoff moves, it picks up and carries away natural and human-made pollutants, finally depositing them into water resource areas.
OFFICES, BUSINESS, LARGE-FORMATIncludes space in the building that houses the principal use or a detached building on the same lot, which is used for management, operations or administrative functions associated with that use. Such offices shall have a gross floor area of 5,000 or more square feet.
OFFICES, BUSINESS, SMALL-FORMATIncludes space in the building that houses the principal use or a detached building on the same lot, which is used for management, operations or administrative functions associated with that use. Such offices shall have a gross floor area of under 5,000 square feet.
OFFICES, PROFESSIONAL, LARGE-FORMATA facility with a gross floor area of 5,000 or more square feet for a firm or organization that primarily provides professional, executive, management or administrative services, such as accounting, advertising, architectural, city planning, computer software consulting, data management, engineering, medical, dental, chiropractors, or other health care professionals, environmental analysis, insurance, interior design, investment, graphic design, landscape design, law and real estate offices, drafting and recording studios. It excludes medical offices with more than two licensed health care professionals (see "medical office and clinic"), banks and savings and loan associations and offices that are incidental to retail, production, storage or other activities.
OFFICES, PROFESSIONAL, SMALL-FORMATA facility with a gross floor area of under 5,000 square feet for a firm or organization that primarily provides professional, executive, management or administrative services, such as accounting, advertising, architectural, city planning, computer software consulting, data management, engineering, medical, dental, chiropractors, or other health care professionals, environmental analysis, insurance, interior design, investment, graphic design, landscape design, law and real estate offices, drafting and recording studios. It excludes medical offices with more than two licensed health care professionals (see "medical office and clinic"), banks and savings and loan associations and offices that are incidental to retail, production, storage or other activities.
OPEN SPACEIncludes, but shall not be limited to: land left in its natural, undisturbed state; protected agricultural land; and similar land areas for wildlife habitat protection, groundwater recharge, scenic or historic preservation, and the like, and designated "open space" per C.G.S. § 12-107e, enabling a tax reduction allowance.
OPERATION AND MAINTENANCE PLANA plan that defines the functional, financial and organizational mechanisms for the ongoing operation and maintenance of a LID management system to ensure that it continues to function as designed.
OUTDOOR DINING OR TASTINGAn area designed and used for patrons of an approved principal restaurant or tap/tasting room located on the subject property, or with permission of the authority if on an adjoining public sidewalk or street right-of-way, for the accessory use of dining or beverage tasting outside, which area is cordoned off from the general public, but which area does not allow other uses such as retail or entertainment.
OWNERThe owner or lessee of the lot or structure in question.
PANEL ANTENNAA flat-surface antenna usually developed in multiples.
PARAPETA low wall along the edge of a roof or the portion of a wall that extends above the roof line.
PARKING AREAAn area other than a street used for the parking of five or more vehicles.
PARKING LOT, SMALL-SCALEA premises, other than a street, having an area for the parking of five to 35 vehicles as a principal use, and the parking of a vehicle is available to public use with or without a fee.
PARKING LOT, LARGE-SCALEA premises, other than a street, having an area for the parking of 36 or more vehicles as a principal use, and the parking of a vehicle is available for public use with or without a fee.
PARKING SPACEAn off-street space having direct access to a street, available for the parking of one vehicle. Truck loading space, passageways and driveways shall not be included when computing area available for parking spaces.
PATIOAn improved or graded area located on the ground with no structural/supports other than subsurface base material and retaining walls. The concrete or other paved areas around a swimming pool which is the pool apron are considered a patio. A patio shall be flush to the ground with no air spaces beneath. A patio shall not be deemed a structure for purposes of total coverage except if the terrace or patio is three feet or more above the adjacent grade at any point, such as with a retaining wall.
PERSONAny individual, firm, partnership, association, syndicate, company, trust, corporation, limited-liability company, municipality, agency, political or administrative subdivision of the state, federal agencies as permitted by law, or other legal entity of any kind.
PERVIOUS SURFACEA surface that presents an opportunity for precipitation to infiltrate into the ground. "Pervious surface" is defined to include any vegetated surface or any engineered pavement, concrete or modular system designed to allow the water quality volume, as defined by the 2004 CT Stormwater Quality Manual, as amended, to be infiltrated (first inch of runoff).
PLOT PLANA plat of a lot, drawn to scale, showing the actual measurements, the size and location of any existing structures or structures to be erected, the location of the lot in relation to abutting streets and other such information.
POINT SOURCEAny discernible, confined and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure or container from which pollutants are or may be discharged.
POOL HOUSEAn accessory structure containing equipment used for a swimming pool and that may contain one or more full bathrooms, a living room and a kitchen, but not to be used for a household.
PRINCIPAL BUILDINGThat single building, or inter-related group of buildings, in which is conducted the principal use of the lot on which the building is situated.
PRINCIPAL USEThe primary purpose or function for which a premises is used, designed or intended to be used.
PUBLIC ADMINISTRATIVE SERVICES AND COURTSOffices for the administration and other functions of local government and related uses, including, but not limited to, post offices, public libraries and other governmental offices.
PUBLIC RECREATION FACILITYA park, playground, indoor or outdoor recreation facility and green space. This classification includes Town-owned or -operated community centers, playing fields, courts, gymnasiums, swimming pools, wave pools, spray grounds, picnic facilities, municipal golf courses and related food concessions.
PUBLIC SAFETY FACILITYA facility for public safety and emergency services, including police and fire protection and police and fire training facilities, road and highway maintenance and snow removal, and other public works with no outside service yard or outside storage of supplies, which complies with all requirements of these regulations.
PUBLIC UTILITY FACILITYAn electric substation, transmitting, switching, distribution or relay station, telephone exchange, water and sewage pumping stations; other similar or related uses.
RADIOFREQUENCY (RF) ENGINEERAn engineer specializing in electrical or microwave engineering, especially the study of radiofrequencies. Note: When RF engineers are certified or licensed, they are known as "professional engineers."
RECHARGEThe replenishment of underground water reserves.
RECREATIONAreas and facilities for noncommercial, nonprofit recreation, including both passive and active recreation.
A. "Passive recreation" includes areas for hiking, horseback and bicycle trails, swimming and boating, but does not include the use of motorized vehicles. "Passive recreation" does not include facilities that require land clearing, earth moving or buildings other than those which are necessary for the above-stated permitted trails and other passive recreational uses.
B. "Active recreation" includes parks, playgrounds, playing fields, golf courses and their associated access roads, parking lots and buildings.
RECREATION AND ENTERTAINMENT FACILITY, INDOOR PRIVATETheaters, bowling alleys, indoor tennis, health clubs and other similar recreation uses owned and operated by a private entity, where the principal use is located within a building; but excluding any sexually oriented business or club.
RECREATION FACILITY, COMMERCIALA commercial establishment where participatory athletic, recreational or physical fitness facilities are provided for gain or profit, and includes, without limiting the generality of the foregoing, a commercial health fitness and exercise spa or club, a commercial ice or roller skating rink, a commercial squash, tennis or golfing facility and a commercial outdoor recreation area, but does not include a riding stable, amusement center or amusement park.
RECREATIONAL VEHICLE (RV)Also known as a "motorhome," "camper," "camping trailer," and similar terms. A vehicle intended for road travel which is:
A. Built on a single chassis;
B. Four hundred square feet or less when measured at the largest horizontal projections;
C. Designed to be self-propelled or permanently towable by a light-duty truck; and
D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
RECYCLING FACILITYA building, or enclosed area screened from public view, used for the collection and processing of recyclable materials. "Processing" means the preparation of material for shipment, or an end user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing. Processing facilities include temporary storage and loading areas located entirely on the processing center site.
REGULATED FACILITYThe equipment, towers, mounts, antennas and other structures related to wireless telecommunications facilities subject to local zoning regulation. This includes all telecommunication services not exempt from local regulation under the provisions of the Connecticut General Statutes and the authority of the Connecticut Siting Council or not exempt from local regulation pursuant to the Telecommunication Act of 1996 or such other federal legislation or a federal authority.
REGULATED FACILITY, SERVICE AND/OR SITEAll facilities, including mounts, towers and antennas, and the site(s) these facilities are located on relating to personal communication services and any other wireless telecommunication service subject to local zoning regulation.
RESEARCH AND DEVELOPMENT FACILITYAn establishment or complex of structures located in a building whose dimensions are intended to foster physical, chemical and biological research and/or experimentation involving, but not limited to, controlled simulation of factors, development of prototypes, chemicals, commodities, pharmaceuticals, information technology, electronics and instrumentation for academic and industrial purposes. Light manufacturing may be included as an ancillary use depending on the impact of activity on neighboring property and scale of the premises.
RESTAURANTA food service establishment that meets all of the following criteria:
A. Customers are served only when seated at tables, counters or in dedicated outdoor dining areas as approved;
B. No customers are served in motor vehicles; and customers are not served primarily at takeout -type counters, regardless of whether the food is intended to be consumed on or off the premises; and
C. Any food take-out service is clearly accessory to the principal permitted use of serving customers seated at tables or counters.
RESTAURANT, HIGH-TURNOVER/FAST-FOODAn establishment or use where customers are served food or beverage primarily in paper, plastic or other disposable containers from within an enclosed building which use may include a food and beverage take-out service from within the building (excluding take-out and/or drive-in window service).
RESUBDIVISIONA change in a map of an approved or recorded subdivision or resubdivision if such change:
A. Affects any street layout shown on such map;
B. Affects any area reserved thereon for public use; or
C. Diminishes the size of any lot shown thereon and creates an additional building lot, if any of the lots shown thereon have been conveyed after the approval or recording of such map.
RETAIL, CONVENIENCEA general merchandise and grocery store usually with less than 3,000 square feet of gross floor area and open for business for extended hours. A convenience store generally attracts patrons because of the speed in which items may be purchased and because of the extended hours for which such stores are open for business. Fast food may be served as an accessory use, along with table seating for up to 20 customers provided for their convenience.
RETAIL, GROCERY, LARGE-FORMATA retail establishment of 15,000 square feet or greater for the display and sale of meat, fruits, fresh and packaged foods, cleaning supplies, paper goods, pet supplies, health and beauty products, ready-to-eat food products, bakery products, dairy products and similar items for human consumption, and may include a bakery, delicatessen or prescription pharmacy.
RETAIL, GROCERY, SMALL-FORMATA retail establishment of less than 15,000 square feet, but not a convenience store, for the display and sale of meat, fruits, fresh and packaged foods, cleaning supplies, paper goods, pet supplies, health and beauty products, ready-to-eat food products, bakery products, dairy products and similar items for human consumption, and may include a bakery, delicatessen or prescription pharmacy.
RETAIL, LARGE SHOPAn establishment of 10,000 square feet or greater engaged in sales of goods, including, but not limited to: alcoholic beverage sales, furniture and home furnishings, electronics and appliances, clothing and shoes, jewelry, luggage and leather goods, sporting goods and hobbies, books, periodicals and music, tobacco sales, department stores, florists, office supplies and stationary, gifts and novelties, pets, hardware, pawn shops, video stores and auto parts. This classification includes the retail sale or rental of merchandise not specifically listed under another use classification.
RETAIL, PERSONAL SERVICESPersonal service shops or stores with hazardous materials; includes, but is not limited to, beauty salons, shoe repairing, laundromats, dry cleaners and tailors.
RETAIL, SMALL SHOPAn establishment of less than 10,000 square feet engaged in sales of goods, including, but not limited to: alcoholic beverage sales, furniture and home furnishings, electronics and appliances, clothing and shoes, jewelry, luggage and leather goods, sporting goods and hobbies, books, periodicals and music, tobacco sales, department stores, florists, office supplies and stationary, gifts and novelties, pets, hardware, pawn shops, video stores and auto parts. This classification includes the retail sale or rental of merchandise not specifically listed under another use classification.
RUNOFFRainfall, snowmelt or irrigation water flowing over the ground surface.
SCHOOLA facility for accredited public or private educational purposes that offers a general course of study at primary, middle, high school levels and vocational and trade programs that are incidental to the operation of the school.
SCREENINGAny combination of:
A. Generally opaque planting materials;
B. Solid walls and fencing of uniform color, constructed with materials of suitable appearance, extending not less than five feet nor more than eight feet above the ground level of the area to be enclosed with the screen; or
C. Earthen berms and other similar features.
SEASONAL COTTAGEA detached dwelling intended and designed for human occupancy by a single family for a seasonal or recreational use, and not for permanent residence, but having an approved, safe water and sewage disposal system.
SECURITY BARRIERA locked, impenetrable wall, fence or berm that completely seals an area from unauthorized entry or trespass.
SEDIMENTSolid material, either mineral or organic, that is in suspension, is transported or has been moved from its site of origin by erosion.
SEPARATIONThe distance between one carrier's array of antennas and another carrier's array.
SETBACK, FRONTThe required minimum clear distance between a front lot line and a structure.
SETBACK, REARThe required minimum clear distance between the rear lot line and a structure.
SETBACK, SIDEThe required minimum clear distance between each side lot line and a structure.
SHOPFRONTThe portion of a frontage composed of the display window and/or entrance and its components, including windows, doors, transoms and sill pane that is inserted into various frontage types, such as a shopfront or gallery, to accommodate retail uses.
SIGNAny natural or artificial structure, device, light, material or object which shall use any letter, word, number, banner, flag, pennant, insignia, logo or device to attract attention to identify, advertise, announce or represent any object, product, place, activity, person, institution, organization, firm, group, commodity, profession, enterprise, business or industry and which is intended to be seen from a street or highway, parking area, driveway or sidewalk.
SIGN AREA OR FACEThe plane defined by one continuous perimeter of that rectangle, triangle or circle having the smallest area which encompasses all the lettering, wording, design or symbols, together with any frame or background different from the balance of the surface on which it is located, if such frame or background is designed as an integral part of and related to the sign. Such perimeter, however, shall not include any structural elements lying outside the limits of such sign and not forming an integral part of the display. For the purposes of these regulations, two-sided signs where the sides are back-to-back and located no more than 18 inches apart and parallel shall be considered to have only one sign face. See §
415-21, Sign types.
SIGN, AWNINGA sign painted on or attached flat or flush against the surface of an awning. See example below. Design, materials, color and content not regulated.
SIGN, FREESTANDINGA permanently affixed sign that is wholly independent of a building for support and is attached along its entire width to a continuous pedestal. See example below. Design, materials, color and content not regulated.
SIGN, MONUMENTA ground sign generally having a low profile with little or no open space between the ground and the sign and having a structure constructed of masonry, wood or materials similar in appearance. See example below. Design, materials, color and content not regulated.
SIGN, PROJECTINGA sign mounted perpendicular to and extending more than one foot from a building facade (similar to a bracket sign). See example below. Design, materials, color and content not regulated.
SIGN, SANDWICH BOARDA portable and temporary sign that is ordinarily in the shape of an "A" with back-to-back sign faces, an easel or a similar configuration. This sign type is typically used to announce daily specials, sales or point to shops off the sidewalk. See example below. Design, materials, color and content not regulated.
SIGN, WALLA sign that is flat against the facade consisting of individual cut letters applied directly to the building, or painted directly on the surface of the building. See example below. Design, materials, color and content not regulated.
SITE PLAN, MAJORAn application for development on a commercial/industrial lot, or as required in these regulations, consisting of new development, additions over 5,000 square feet and/or 10 new parking spaces, or as otherwise required by the Commission.
SITE PLAN, MINORAn application involving any development on a commercial/industrial lot or as defined in these regulations, not rising to the level of a site plan, major.
SOILAny unconsolidated material or organic material of any origin.
SOIL EROSION AND SEDIMENT PLANA scheme that minimizes soil erosion and sedimentation resulting from development and includes, but is not limited to, a map and narrative.
SOLAR ARRAYA special structure comprised of one or more solar panels that produce electricity for the principal use of the lot on which the solar electric system is located, but does not include solar panels affixed to a roof of a building. See §
415-54, Wind and solar facilities.
SPECIAL PERMIT; SPECIAL EXCEPTIONSpecial permits and exceptions are utilized to allow certain uses or activities that require a higher lever of scrutiny. Special permit applications are heard by the Planning and Zoning Commission; special exceptions are heard by the Zoning Board of Appeals. Both shall utilize the special permit requirements of §
415-24, as well as any other applicable sections of these regulations.
SPECIAL STRUCTURESpecial structures are communications facilities, solar arrays and windmills.
STABLE, COMMERCIALA stable where horses are kept for profit or gain, including, but not limited to, boarding horses, riding instruction or renting of horses.
STABLE, PERSONALA stable used solely for horses owned by the resident occupant, except that occasional and temporary boarding of horses not for gain, direct or indirect, is permissible.
STORAGE TANKA stationary device which is designed to store hazardous materials, and is constructed of non-earthen materials, including without limitation concrete, steel, fiberglass or plastic.
STORAGE, PERSONAL AND MINI-WAREHOUSEStructures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking demand.
STREETA public thoroughfare more than 10 feet in width which has been dedicated to the public for public use and which affords the principal means of access to abutting lots.
STREET LINEA lot line dividing a lot from an abutting street, private way or alleyway.
STRUCTUREA structure is anything constructed or erected which requires location on the ground or attached to something having a location on the ground.
SUBDIVISIONThe division of a tract or parcel of land into three or more parts or lots made subsequent to the effective date of Subdivision Regulations for the purpose, whether immediate or future, of sale or building development, expressly excluding development for municipal, conservation or agricultural purposes, and including resubdivision.
SUBSTANTIAL IMPROVEMENTAny combination of repairs, reconstruction, alteration or improvements to a structure taking place over a ten-year period, in which the cumulative cost equals or exceeds 50% of the market value of the structure. The market value of the structure should be either the appraised value of the structure prior to the start of the initial repair or improvement, or in the case of damage, the value of the structure prior to the damage occurring. For the purposes of this definition, a substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure required to comply with existing health, sanitary or safety code specifications which are solely necessary to assure safe living conditions.
SWIMMING POOLAny indoor or outdoor accessory structure intended for swimming, wading or recreational bathing, which may be constructed, installed or located in-ground, partially in-ground and may include permanent or storable swimming pools, hot tubs and spas.
TAP/TASTING ROOMA room or outdoor tasting area that is ancillary to the production of beer and malt beverages or alcoholic beverages at a microbrewery, brewpub, large brewery or distillery, where the public can purchase and/or consume only the alcohol products produced on site and ancillary sales of retail merchandise.
TAVERNA place for retail sale of beer and of cider not exceeding 6% of alcohol by volume and wine to be consumed on the premises of a tavern, with or without the sale of food. "Tavern" means a place where beer and wine are sold under a tavern permit.
TERRACEA surfaced area adjacent to a building which serves as an outdoor extension of the use of that building, which is open both vertically and horizontally, and which does not exceed a height of eight inches (0.67 foot) above the average grade taken adjacent to all sides of the structure.
TOWERA support structure intended to support antennas and associated equipment, including a guyed tower, lattice tower and monopole tower.
TOWNThe Town of Winchester.
TOWN PLANNERThe planner employed by the Town or under contract by the Town to perform planning and zoning services, but not the Zoning Enforcement Officer. In the event that the Town does not have a Town Planner, the Town Manager shall be deemed to be the Town Planner for all purposes hereof.
TOWNHOUSEA building containing multiple single-family dwellings being separated horizontally by fire-resistive walls without openings and each having independent access to the exterior of the buildings on the ground story.
TRADITIONAL HOME ENTERPRISEAn accessory use of a dwelling involving the creation and sale of homemade arts, crafts and goods, which by the nature of the activity will generate only a very low level of foot or vehicular traffic.
TRAILER, CONSTRUCTIONA vehicle which can be drawn or be carried on a motor vehicle, whether on temporary or permanent supports. Trailers used for business, office and storage purposes in connection with a bona fide construction operation within the Town may be used for such purposes in any district for a period of time not to exceed the duration of the construction contract.
UNATTENDED DONATION CONTAINERSAny unattended container, bin, box or similar receptacle that is located on any lot within the Town that is used for soliciting and collecting donations of clothing or other salvageable personal property. This term does not include recycle bins for the collection of recyclable material, similar to a trash container or dumpster, governed or regulated by the zoning regulations or any unattended donation box not located within a building.
UNDERGROUNDA structure or structure component which is below the surface of the ground or is not fully visible for inspection. Facilities which are not considered to be underground include tanks and piping in underground areas such as basements, cellars, shafts, tunnels or vaults with manned access.
USABLE SITE AREALand other than regulated inland wetlands and watercourses, 100-year flood hazard areas as defined by the Federal Emergency Management Agency and as shown on Flood Hazard Areas Maps on file in the office of the Commission, land subject to existing easements which prohibit building or development, and 50% of all land with a slope in excess of 25% as delineated on a site plan map showing topographic contours based upon a field or aerial survey and certified by a Connecticut-licensed surveyor.
USEThe specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied and maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
VEHICLEA "vessel" as defined by C.G.S. § 15-170, which means every description of watercraft, other than a seaplane on water, used or capable of being used as a means of transportation on land or water, and any vehicle propelled or drawn by any nonmuscular power, including without limitation an automobile, aircraft, all-terrain vehicle or snowmobile.
VEHICLE SALES AND SERVICE, PERSONALA facility for the sale or rental of automobiles, motorcycles and pickup trucks and vans and accessories therefor, including storage and incidental maintenance and repair and maintenance.
VEHICLE SALES AND SERVICE, PLEASUREA facility for the sale or rental of motor homes, recreational vehicles and campers, boats and personal watercraft, and similar equipment and accessories therefor, including storage and incidental maintenance and repair.
VEHICLE SALES AND SERVICE, PROFESSIONALA facility for the sale or rental of tractors, construction or agricultural equipment, semi-trucks and trailers and similar equipment and accessories therefor, including storage and incidental maintenance and repair.
WAREHOUSE, LARGEA facility for the storage of commercial goods within an enclosed building for distribution by truck, including, but not limited to, bulk mail handling facilities, larger than 20,000 square feet in gross floor area.
WAREHOUSE, SMALLA facility for the storage of commercial goods within an enclosed building for distribution by truck, including, but not limited to, bulk mail handling facilities, no larger than 20,000 square feet in gross floor area.
WATER POLLUTIONAn activity having a harmful thermal effect on or contaminating or rendering unclean or impure any waters, including groundwater, of the state by reason of any waste or other materials discharged or deposited therein by any public or private sewer or otherwise so as directly or indirectly to come in contact with any waters.
WATER SURFACE ELEVATIONThe height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
WATERSAs defined in C.G.S. § 22a-423, means all rivers, brooks, watercourses, waterways, wells, springs, lakes, ponds, marshes, drainage systems and all other surface or underground streams, bodies or accumulations of water, natural or artificial, public or private, which are contained within, flow through or border upon this Town or any portion thereof.
WHOLESALE AND DISTRIBUTION BUSINESSA facility for storage and wholesale distribution of merchandise and bulk goods and nonretail store sales, including electronic shopping, mail-order houses and other direct-selling establishments. This use classification excludes retail sale of goods at discount prices for individual consumption.
WINDMILLA special structure that captures kinetic energy from the wind to drive an electrical generator with typical components including blades, a tower and an accelerator platform or nacelle body. See §
415-54, Wind and solar facilities.
WORSHIP PLACEAn establishment for religious worship and other religious ceremonies, including accessory religious education, rectories and parsonages, offices, social services, columbaria and community programs.
YARDThe area between the interior setback line on a lot and a lot line. See below.
YARD, FRONTA space extending across the full width of a lot between the front lot line and the front of a principal building.
YARD, MINIMUM FRONTAn open space extending the full width of the lot between a front lot line and the building line. Rear lots shall have a minimum front yard requirement measured from any front lot line parallel to any street from which the rear lot gains access. All tables in these regulations indicating front yard requirements shall mean minimum front yard requirements.
YARD, MINIMUM REARAn open space extending across the full width of the lot between the rear lot line and a parallel line within the lot set back a distance equal to the minimum rear yard requirements. On a lot with no rear yard, the side yard shall extend to the opposite lot line. All tables indicating rear lot requirements shall mean the minimum rear yard requirements.
YARD, MINIMUM SIDEAn open space extending from the front lot line to the rear lot line between the side lot line and a parallel line set back within the lot a distance equal to the minimum side yard requirement. On a lot with no rear yard, the side yard shall extend to the opposite lot line. All tables in these regulations indicting side yard requirements shall mean minimum side yard requirements.
YARD, REARA space extending across the full width of the lot between the rear lot line and the rear of the principal building.
YARD, SIDEA space extending for the full depth of a lot between any side lot line and the side of the principal building.
ZEOSee "Zoning Enforcement Officer."
ZONING ENFORCEMENT OFFICEROne or more employees of the Town, or his/her designee(s), who shall hereby be authorized to inspect premises regulated under this regulation and to take the required actions authorized by this regulation in case of violations being found on such premises, and to require corrections of unsatisfactory conditions found on said premises.
ZONING MAP, OFFICIALThe Town of Winchester Planning and Zoning Commission Official Zoning Map showing zoning districts prepared in accordance with maps adopted pursuant to C.G.S. § 8-3.