ACCESSORY BUILDING OR USE : A building or use which is subordinate and customarily incidental to the main building and use on a lot, providing that unless otherwise noted in these regulations any building accessory to a residential building shall not exceed 15 feet in height. The term "accessory building" when used in connection with a farm shall include all structures customarily used for farm purposes and such structures shall not be limited in height. No accessory building or use shall be established in the absence of a principal building or use. The Zoning Enforcement Officer in consultation with the Commission shall determine which uses shall be permitted as accessory uses to a principal special permit use in any zone.
ACTIVE ADULT HOUSING : A housing development where 100 percent of all dwelling units fully comply with the provisions of the United States Fair Housing Act as amended, as it pertains to "housing for older persons." This includes compliance with any and all rules promulgated by the United States Department of Housing and Urban Development which govern the implementation of such Act.
AMATEUR RADIO TOWER : A freestanding, attached or guy-supported device used in conjunction with noncommercial radio operations for which a resident operator holds an Amateur Radio License consisting of both an operator license and a station license.
AMUSEMENT GAME : A video game, pinball machine, air hockey game or other similar coin-operated machine.
ANIMAL DAY CARE CENTER : A facility operated for the daily care of animals. These facilities shall not include overnight stays and boarding nor the administration of veterinary services. Animal day care centers may have outdoor activity areas as approved by the Commission.
**Webmasters Note: The previous definition has been added as per an update effective 10/22/05.
AQUIFER : A water bearing rock or stratum of sufficient size to provide a source of water to the Town.
BED AND BREAKFAST ESTABLISHMENT : A single family residence in which no more than six rooms are rented for compensation to transient guests. None of the rented rooms shall contain kitchen facilities as defined as having a standard sized range and refrigerator.
BILLIARD PARLOR : An establishment for the playing of billiards or pool of no more than 3,500 square feet, including accessory uses, containing no more than one billiard table per 200 square feet of floor space.
BUFFER : A strip of land which, unless otherwise permitted by the Commission, is limited to planting and the maintenance of shrubs, bushes and trees and within which no road, parking area, structure or building is allowed, other than a fence or utility structure.
BUILDING : An independent structure having a roof supported by columns or walls resting on its own foundation or on the ground and includes a shed, garage, stable, greenhouse or other accessory building.
BUILDING HEIGHT
**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.
BUILDING, HEIGHT OF : The vertical distance measured from the average level of the ground along all walls of the building to the highest point of the roof for flat roofs; to deck line for mansard roofs, to the mean height between the highest eave and ridge for gable, hip or gambrel roofs and to the highest point of any other type of roof. Chimneys, spires, masts, elevator penthouses, tanks and similar projections shall not be included in the height provided that any such projections shall not have an aggregate area greater than 25 percent of the roof area.
CERTIFICATE OF OCCUPANCY : A document issued by the Building Inspector allowing the occupancy or use of a building and certifying that the structure or use has been constructed in compliance with applicable building regulations and approvals. See Article V. Section 2.
CERTIFICATE OF ZONING COMPLIANCE : A document issued by the Zoning Enforcement Officer which indicates that a structure, use of land or building is on compliance with the Farmington Zoning Regulations.
CLUB OR FRATERNAL ORGANIZATION : An organization of persons 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.
COMMISSION : The Town Plan and Zoning Commission.
CONVENIENCE STORE : A 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.
COUNTRY CLUB : A private or public organization for outdoor recreation, including but not limited to, tennis, swimming, golf or other similar recreational activities.
DORMITORY : A building or group of buildings designed or altered for the purpose of accommodating students in educational institutions or members of religious orders with sleeping quarters with or without communal kitchen facilities and administered by bona fide educational or religious institutions. Dormitory includes fraternity and sorority houses, convents and monasteries, but does not include clubs or lodges.
DWELLING : A building or portion thereof designed exclusively for residential occupancy, including one family, two family and multiple family dwellings, but not including hotels, motels and inns.
DWELLING UNIT : A housing unit containing a single room or group of rooms intended for occupancy as separate living quarters by one family. Separate living quarters are those which have a sleeping area and kitchen facilities as defined as having a standard sized range and refrigerator. Separate living quarters may have either direct access from the outside or access through a common hall.
ELDERLY HOUSING : A dwelling unit exclusively designed for the needs of single people age 62 or over, or couples with at least one member over age 62.
ASSISTED ELDERLY : An Assisted Elderly Housing facility shall provide centralized areas including rooms for, but not limited to, examination, physical therapy, recreation and common dining, serving three meals per day. An Assisted Elderly Housing unit shall not provide a kitchen or allow for meal preparation, but may include a pantry, with a dormitory refrigerator and up to two surface cooking burners, and/or a microwave oven.
ELEVATION : 1) A view of a side of a structure as seen from a horizontal direction; 2) Height above a reference plane, as mean sea level.
FAMILY : A family shall be defined as either: 1) one or more persons living together as a single housekeeping unit, who are all related by blood, marriage or adoption, including foster children; or 2) a group consisting of not more than four (4) persons, living together as a single housekeeping unit, who are unrelated by blood, marriage or adoption. This number may be increased to six (6) by special permit; or 3) a combination of 1 and 2 above, provided that such persons shall live together as a single housekeeping unit.
FAMILY DAY CARE HOME : A private family home caring for not more than six children including the provider's own children not at school full-time, where the children are cared for not less than three nor more than twelve hours during a 24-hour period and where care is given on a regularly recurring basis. This use shall not change the residential character of the home and shall be clearly secondary to the use of the home for residential purposes.
FARM : A parcel of land containing not less than five acres and principally used for either the commercial raising of livestock, poultry or crops including tree nurseries and greenhouses.
FARM STAND : A structure used principally for the sale of agricultural products grown on the premises. Farm stands located on a farm shall be considered an accessory use to such farm.
FLOOR AREA RATIO : The ratio of the gross floor area of a building(s) to the lot area on which the building(s) is located.
FRONTAGE : The distance of an unbroken line measured directly along an improved street or streets (streetline(s)) between the side lines of a lot or in the case of a corner lot between the side line and rear property line. Where this line is an arc or the side lot lines converge towards this line, the distance may be measured along the minimum front yard setback line. For the purpose of this definition the term "street" shall be an existing public right-of-way used for travel or private right-of-way historically recognized as a street by the Town of Farmington or a right-of-way used for travel otherwise approved by the Commission as part of a subdivision plan.
GARAGE, PRIVATE : A detached or accessory building or portion of a main building for the parking and storage of automobiles belonging to the occupants of the premises.
GARAGE, PUBLIC : A building, other than a private garage, used for the parking or storage of automobiles.
GARDEN SUPPLY CENTER : An agricultural and associated retail operation where the primary use is the growing and/or sale of flowers, plants, shrubs or trees. This use may also include the sale of related garden merchandise.
GROSS PARKING AREA : The square footage of all parking stalls, aisleways and driveways including any landscaping contained within. However driveways which connect a parking area to a street or other distinct parking area shall be exempt from this calculation.
GROSS USABLE FLOOR AREA : The horizontal area of all floors of a building measured from exterior of outside walls. Gross Usable Floor Area shall not include common hallways, elevators, stairs, common lobbies, terraces not used for customer service, utility rooms, rest rooms, maintenance shops and basements or cellars intended and designed only for storage. Cafeterias may not be deemed as Gross Usable Floor Area at the discretion of the Commission.
GROUP DAY CARE HOME : A private family home which offers or provides a program of supplementary care to not less than seven nor more than twelve related or unrelated children on a regular basis for a part of the 24 hours in one or more days in the week.
GUEST HOUSE : A residential building located on the same lot as an existing single family dwelling, 1) for use solely for housing either guests or relatives of, or persons performing domestic services for, the family residing in the principal single family dwelling on the lot, and 2) not to be leased for compensation or otherwise occupied by anyone other than those persons referred to in 1 above. A Guest House shall not exceed 15 feet in height and 900 square feet in living area and shall not be located (nor shall any garage in connection with said guest house) within any required side, rear or front yard set forth in the table of "Height and Area Schedule."
HEALTH CLUB OR SPORTS FACILITY : A club or facility designed to offer athletic activities, physical conditioning and/or diet and nutritional counseling. Such facility may include but not be limited to the following activities: tennis, handball, racquetball, squash, aerobic dancing, basketball, running track, swimming, weight lifting and use of Nautilus-type equipment.
HOME OCCUPATION : An activity carried out within a dwelling for financial gain. A home occupation shall be accessory to the primary use of the dwelling as a residence. For purposes of this regulation home occupations shall be divided into the following categories:
HOME OFFICE : A home occupation which utilizes only equipment and materials typical to an office such as, but not limited to, typewriters, word processors, computers, writing or drafting instruments or telephones. Home office shall comply with all of the standards found elsewhere in these regulations.
HOME BUSINESS : A home occupation otherwise permitted by these regulations.
HOSPITAL : A structure or structures used for the diagnosis, treatment or other care of human ailments, and containing inpatient beds.
HOTEL, MOTEL OR INN : A building designed and used primarily for temporary occupancy by travelers, which provides or offers accommodations for a consideration for ten (10) or more persons exclusive of employees living on the premises, and which may provide rooms for public assembly and may include the serving of food.
IMPERVIOUS SURFACES : Surfaces that do not readily absorb water; including but not limited to building footprints, parking areas, driveways, roads, sidewalks and any areas in concrete or asphalt, not including retention basins. Building footprints are defined as the area of the greatest horizontal length and width of a building at or above ground level but not including roof overhangs or elevated pedestrian connectors between buildings. Surface areas consisting of stone or gravel shall be deemed impervious unless such areas are strictly used for landscaping in place of lawn or mulch or are unavailable to pedestrian or vehicular traffic.
INLAND WETLANDS AND WATERCOURSES : Areas as defined in Sections 22a-36 through 22a-45 of the Connecticut General Statutes.
JUNKYARD : More than fifty (50) square feet of space used for the accumulation or storage of paper, rags, scrap, metal or discarded or used materials of any kind.
KENNEL : An establishment in which more than six dogs over the age of six months are housed or an establishment in which three dogs over the age of six months are groomed, bred, boarded, trained or sold. Except in conjunction with an animal hospital, kennels shall not be permitted.
LIVING QUARTERS, LIVING AREA : The portion of a building which is constructed with finished ceilings, walls and floors. In computing the floor area for living quarters, rooms for heating equipment, garage, outside vestibules and open or closed porches shall not be included. Measurements shall be taken from outside walls.
LOT : A parcel of land occupied or approved to be occupied by a building or buildings which meets the minimum requirements for frontage, lot width and lot area for the zone in which it is located or which meets the definition of nonconforming lot as defined in these regulations.
LOT AREA : The total area within the lot lines of a lot.
LOT COVERAGE : That percentage of the lot area that is covered by the building footprint and all other impervious surfaces on the lot.
LOT LINE : A line of record bounding a lot.
MIXED USE DEVELOPMENT : For the purpose of the C1 Zone, a use of land, buildings or structures with a combination of commercial facilities and residential dwelling units.
NONCONFORMING LOT : A lot legally existing at the adoption of these regulations, or legally existing prior to an amendment to these regulations, which does not conform to the minimum lot area or frontage requirements for the zone in which it is located.
NONCONFORMING STRUCTURE : Any building or structure legally in existence at the time of these regulations, or legally existing prior to an amendment to these regulations, which does not conform to the yard, height or bulls requirements for the zone in which it is located.
NONCONFORMING USE : A use legally existing at the adoption of these regulations, or legally existing prior to an amendment to these regulations, which does not conform to the use regulations for the zone in which it is located.
NURSING OR CONVALESCENT HOME : Any establishment where persons suffering or convalescing from illness due to infirmity, disease or ailment are boarded or housed.
OPEN SPACE : Land which is preserved in its natural state; landscaped or developed for recreational use as approved by the Commission.
OUTBUILDING : An accessory structure containing a roof and at least three sides which uses include, but are not limited to, storage or the conduct of a hobby. Outbuildings shall not be used for living quarters or contain kitchen or sleeping facilities.
PARKING AREA : An area used for parking and movement but not the repair of motor vehicles, and in which no merchandise or materials are stored or sold and no business conducted. Such area shall not be used for the parking or storage of trailers nor the parking or storage of vehicles unrelated to the use of the subject property.
PUBLIC OR PRIVATE SCHOOL : Any building or part thereof the use of which meets State requirements for primary or secondary education.
RECREATIONAL FACILITY : An area principally dedicated to outdoor recreational activities but may include buildings for maintenance, indoor sports, food service or caretaker's residence.
REHABILITATION CENTER : A facility used for the diagnosis, treatment or other care of human ailments which may or may not contain beds or living quarters.
RESTAURANT, FAST FOOD, DAIRY BAR, GRILL, COFFEE SHOP : An establishment which exhibits one or more of the following characteristics: 1) Serves ready-to-eat foods, frozen deserts, or beverages in edible or paper, plastic or disposable containers; 2) Usually serves food over a general service counter that customers carry to the restaurant's seating facilities, to motor vehicles or off premises; or 3) Devotes 45 percent or more of the establishment's gross floor area to food service preparation, storage or related activities.
RESTAURANT, LOW TURNOVER : A public eating establishment which provides table service and not meeting the criteria of a Restaurant, Fast Food.
ROOMING OR BOARDING HOUSE : A building in which rooms for living purposes are rented for compensation, with or without meals, to more than six but less than ten persons other than members of the family of the proprietor.
SCHOOL : Any building or part thereof, excluding public and private schools as defined in these regulations, which is designed, constructed or used for education or instruction in any branch of knowledge.
SCREENING : The use of fences, trees or shrubbery separately or in combination and of sufficient height and density, the purpose of which is to hide an area from view or to diminish, obscure or veil the view of an area.
SHOPPING CENTER : A group of commercial establishments totaling more than 20,000 square feet in area and managed as a single operating unit.
SIGN : Any 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, DETACHED : A sign supported by one or more supports placed in or upon the ground.
SIGN, GROSS AREA : The combined area of all existing signs on a lot.
SIGN, ROOF : Any sign erected and maintained upon or above the main roof of a building.
SIGN, WALL : A sign which is attached to any surface or plane of a building and which does not extend more than 12 inches beyond the perimeter of the building or above the roof line.
STREET LINE : The line between the lot and the street.
STRUCTURE : Anything constructed or erected with a fixed location on the ground or attached to something having a location on the ground and extending at least 12 inches above the surrounding finished grade.
STRUCTURAL ALTERATION : Any change in or addition to the structural or supporting members of a building such as bearing walls, columns, beams or girders.
TEMPORARY USE OR STRUCTURE : A use of a structure, building or property or the establishment of a structure on a parcel of land which is approved by the Commission for a period of time not to exceed 180 days within a calendar year. Such temporary use or structure shall not be established in violation of the use requirements of these regulations. The Commission may grant an extension of the above mentioned time period to a total of 270 days.
TOXIC OR NOXIOUS MATTER : Any solid, liquid or gaseous matter, including but not limited to gases, vapors, radiation, dusts, fumes and mists, containing properties which are inherently harmful and likely to destroy life, impair health or damage property.
VARIANCE : A relaxation of the terms of the Zoning Regulations where such a variance will be in harmony with the general purpose and intent of the regulations and with due consideration for conserving the public health, safety, convenience, welfare and property values solely with respect to a parcel of land where, owing to conditions especially affecting such a parcel but not affecting generally the district in which it is situated, a literal enforcement of such bylaws, ordinances or regulations would result in exceptional difficulty or unusual hardship so that substantial justice will be done and the public safety and welfare secured.
VENDING MACHINE : A coin-operated machine that dispenses food and nonfood products, including but not limited to beverages, snacks and candy.
WETLAND : Land, including submerged land, which consists of any of the soil types designated as poorly drained, very poorly drained, alluvial or floodplain by the U. S. Department of Agriculture Soil Conservation Service.
YARD, MINIMUM FRONT : A space extending across the full width of the lot between the front property line and a parallel line set back a distance equal to the front yard requirement.
YARD, MINIMUM REAR : A space extending across the full width of the lot between the rear lot line and a parallel line set back a distance equal to the rear yard requirement. On a lot with no rear yard, the side yard shall extend to the opposite lot line.
YARD, MINIMUM SIDE : A space extending from the minimum front yard to the minimum rear yard between the side lot line and a parallel line set back a distance equal to the side yard requirement. On a tot with no rear yard, the side yard shall extend to the opposite lot line.
YARD, FRONT : A space extending across the full width of the lot between the street line and the closest wall of a principal building. On lots having property lines along more than one street, there shall be only one front yard.
YARD, REAR : A space extending across the full width of the lot between the rear lot line and the closest wall of a principal building.
YARD SALE : The occasional sale of household goods or handcrafted items conducted on the premises of the owner and/or craftsman of the goods to be sold at a maximum frequency of two times per year for a maximum of three consecutive days.
ZONE : An area of land set aside on the Zoning Map having separate requirements as established by these regulations.
BASE FLOOD means the flood having a one percent chance of being equaled or exceeded in any given year.
DEVELOPMENT means any 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.
FLOOD OR FLOODING means a general and temporary condition of partial of complete inundation of normally dry land areas from:
1. the overflow of inland or tidal water;
2. the unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD BOUNDARY AND FLOODWAY MAP means an official map of a community on which the Federal Emergency Management Agency has delineated the boundaries of the floodway.
FLOOD INSURANCE RATE MAP (FIRM) means an 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 zones. FIRMS published after January, 1990 may also show the boundaries of the floodway.
FLOOD INSURANCE STUDY is the official report by the Federal Emergency Management Agency. The report contains flood profiles, the water surface elevation of the base flood and other flood data.
FLOODWAY means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
FLOOR means the top surface of an enclosed area in a building (including basement) i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking of vehicles.
FLOODPROOFING means any combination of structural and nonstructural additions, changes or adjustments to structures which reduces or eliminates flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
HYDRODYNAMIC LOAD is the force exerted on a structure by the impact of moving water. The magnitude of the force varies with the affected surface area of the structure, the water velocity and the angle of impact.
HYDROSTATIC LOAD is the force exerted on a structure by still water. The magnitude of the force varies with depth of water and affected surface area of structure.
LOWEST FLOOR means the lowest floor of the lowest enclosed (including basement).
MANUFACTURED HOME means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. Recreational vehicles and similar transportable structures placed on a site for 180 consecutive days or longer shall be considered manufactured homes for the purpose of this regulation.
NEW CONSTRUCTION means structures for which the "start of construction" commenced on or after August 15, 1977.
OBSTRUCTION is any structure, matter or earthen alteration including, but not limited to, dams, levees, dikes, berms, embankments, conduits, culverts, bridges, abutments, walls, buildings, wharves, docks, wire, fences, projections, piles, fill, gravel, rock, excavation, channel work or rectification and vegetative plantings, in, along, across or projecting into any channel, watercourse or regulatory flood hazard area which may: impede, retard or otherwise change the direction of velocities of the flow of water, either in itself or by catching or collecting debris carried by such water; or be subject to being carried downstream and potentially threaten property or life.
RECREATIONAL VEHICLE means a vehicle which is (i) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projections; (iii) designed to be self-propelled or permanently towable by a light-duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
REGULATORY FLOOD PROTECTION ELEVATION (sometimes referred to as Base Flood Level). The Regulatory Flood Protection Elevation for properties located north and south of Farmington Avenue easterly of the railroad overpass and westerly of the intersection of Farmington Avenue and Garden Street is as follows:
The area along Farmington Avenue between the railroad overpass and the intersection of Farmington Avenue and Garden Street is divided into two zones: Zone 1, consisting of the properties on the north and south sides of Farmington Avenue and properties lying immediately to the rear thereof, bounded on the west by the railroad overpass and bounded on the east by the easterly line the property referred to as the Comer Nursery property; and Zone 2, consisting of the properties on the north and south sides of Farmington Avenue and properties lying immediately to the rear thereof, bounded on the west by the easterly boundary of said Comer Nursery property and bounded on the east by an extension of a line forming the easterly boundary of Garden Street at its intersection with Farmington Avenue.
The Regulatory Flood Protection Elevation for properties located within Zone 1 is 180 feet.
The Regulatory Flood Protection Elevation for properties located within Zone 2 is 175 feet.
For areas within the Flood Protection or Flood Perimeter Overlay Zones but not located along Farmington Avenue between the railroad overpass and the intersection of Farmington Avenue and Garden Street as described above, the Regulatory Flood Protection Elevation is either that elevation determined by the Town Engineer to constitute the base flood level for such area or the elevation published in the Flood Insurance Study, Town of Farmington, Connecticut, dated July 17, 1986 (or subsequent revision thereto), whichever elevation is greater.
SPECIAL FLOOD HAZARD AREA is the area with a community subject to one percent or greater chance of flooding in any given year, as identified on the community's FIRM.
START OF CONSTRUCTION (for other than new construction or substantial improvements under the Coastal Barrier Resources Art [P.L. 97-348]), includes substantial improvements, and means the date the building permit is issued, provided the actual start of construction, repair, reconstruction or improvement was within 180 days of the permit date. Should the permittee fail to commence work within this time frame a new permit shall be required. The actual start means the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction columns, or any work beyond the stage of excavation of placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footing, piers or foundations or the erection of temporary forms; nor does 't include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
SUBSTANTIAL DAMAGE means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT means any combination of repairs, reconstruction, alteration or improvements to a structure taking place during the life of a structure in which the cumulative cost equals or exceeds 50 percent of the market value of the structure. The market value of the structure should be (1) the appraised value of the structure using the square foot method prior to the start of the initial repair or improvement, or (2) in the case of damage, the value of the structure prior to the damage occurring. For the purposes of this definition, 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 improvement project required to comply with existing health, sanitary or safety code specifications which are solely necessary to assure safe living conditions.
U.A.D.R.C - Unionville Architectural Design Review Committee.
MAJOR STREET - Farmington Avenue (Route 4), South Main Street/Lovely Street (Route 177), Mill Street and any other streets so designated by the Commission.
APPROVING AUTHORITY - The Farmington Town Plan and Zoning Commission.
DISTRICT OR UNIONVILLE VILLAGE DISTRICT - The Unionville Village District as delineated on the Zoning Map for the Town of Farmington. The District shall be an overlay zone and its boundaries are coincidental with the zoning district boundaries of the Unionville Center Zone and its requirements and standards shall be in addition to and not in lieu of the regulations pertaining to the Unionville Center Zone.
VILLAGE DISTRICT PLAN - The study entitled "Unionville Study: 2002 Past, Present and Future" by the University of Connecticut and Yale University.
ALTERATION means a change or rearrangement in the structural parts of a building, 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 increase in height, coverage, volume or floor area.
BUILDING means any structure other than (A) a "facility" as defined in section 16-50i of the general statutes or (B) structures of a relatively slender nature compared to the buildings to which they are associated, including but not limited to chimneys, flagpoles, antennas, utility poles and steeples, provided such structures are accessory to a building or use permitted by these regulations, and not the principal use or structure on the lot.
CLEAR CUTTING means the harvest of timber in a fashion which removes all or substantially all, trees over two inches in diameter at breast height (4.5 feet above grade) from any ten square foot area.
DEVELOPMENT is defined as the construction, reconstruction, alteration, or expansion of a building.
LOT OF RECORD means a lot which either has been approved by the Farmington Town Plan and Zoning Commission for building purposes prior to the effective date of this regulation or a lot which was legally established and recorded in the Farmington land records prior to the effective date of this regulation.
PASSIVE RECREATION means non-motorized recreation not requiring "development, " as defined herein, nor requiring any alteration of the existing topography, nor any activity regulated pursuant to this section. Such passive recreation shall include, but not be limited to, hiking, bicycling, picnicking and bird-watching.
EARTH CHANGE means the removal, excavation, deposition, processing, or grading of stone, fill or other earth material, regardless of the methods utilized (e.g., blasting, crushing, excavation equipment).
RIDGELINE SETBACK AREA means the area bounded by: A) a line that parallels and is placed a horizontal distance of one hundred and fifty (150') feet off the lesser sloped side (typically the more wooded side) of all traprock (basalt) ridgelines as defined herein; and B) that lowest contour line created where less than a fifty (50%) percent slope (two horizontal for each vertical unit of distance) exists for a distance of fifty (50') horizontal feet on the more steeply sloped side (typically the more rocky side) of all traprock (basalt) ridgelines as defined herein.
SELECTIVE TIMBERING means the harvesting of not more than ten percent (10%) of the trees, not less than 6 inches (6") in diameter at breast height (4.5 feet above grade), within the ridgeline setback area on a lot for the commercial sale of lumber. The ten percent limitation shall be cumulative from the effective date of this regulation.
SELECTIVE CLEAR CUTTING means the removal or alteration of trees within the ridgeline setback area exclusively for the purpose of establishing, maintaining or enhancing a view from an existing or proposed residence.
TRAPROCK RIDGELINE means the line on Pinnacle Rock, Rattlesnake Mountain, Farmington Mountain and Talcott Mountain created by all points at the top of a fifty percent (50%) or greater slope (2 horizontal for each vertical unit of distance), which slope is maintained for a distance of at least fifty (50) horizontal feet measured perpendicular to the contours of the slope, and which consists of surficial basalt geology, identified on the map entitled "Surficial Materials Map of Farmington," a copy of which is on file in the Planning and Zoning office of the Town of Farmington (hereinafter, "Surficial Materials Map"). The Surficial Materials Map shall be deemed and construed to be illustrative only, and in individual instances, the actual surficial basalt geology may be as determined by field observations, and other topographic maps, bedrock geologic maps, surveys, and other available information. Where no surficial basalt geology (unconsolidated, loose rock) exists, bedrock basalt geology shall be used to define the traprock ridgeline. All slopes shall be measured as preexisting prior to any disturbance by human intervention, existing or proposed, as best such preexisting conditions can be determined by available topographic maps or other records.
ACCESSORY APARTMENT means a second dwelling unit located within a detached single family dwelling situated on an individual lot. Such dwelling unit shall be subordinate to the principal dwelling in terms of size, location and appearance.
ANTENNA means a device used to receive or transmit electromagnetic waves. Examples include, but are not limited to whip antennas, panel antennas and dish antennas.
CAMOUFLAGED means a commercial wireless telecommunication site that may be disguised, hidden, part of an existing or proposed structure or placed within an existing or proposed structure.
CARRIER means a company that provides wireless telecommunication services.
CO-LOCATION means locating wireless communication facilities from more than one provider on a single structure or tower. Co-location can also refer to the provision of more than one service on a single structure or tower by one or more carriers.
COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES means licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging and similar services that are marketed to the general public.
COMMERCIAL WIRELESS TELECOMMUNICATION SITE means a facility operated by a licensed commercial wireless telecommunication service provider which consists of the equipment and structures involved in receiving or transmitting electromagnetic waves associated with wireless telecommunication services.
HEIGHT OF TOWER means a distance from the ground elevation of such tower to the topmost point of the tower including any antenna or other appurtenances. The total elevation of the tower is the height of the tower plus the ground elevation expressed as above mean sea level.
RADIOFREQUENCY (RF) ENGINEER means an engineer specializing in electrical or microwave engineering, especially the study of radio frequencies.
TOWER means a structure that is intended to support equipment used to receive and/or transmit electromagnetic waves. Design examples of towers include a) self supporting lattice, b) guyed and c) monopole.
ADULT-ORIENTED ESTABLISHMENT - An adult-oriented establishment is any business or operation where any employee, operator or owner exposes his or her specified anatomical area in the sale of a service or product for the observation by patrons, including but not limited to massage establishments or conforms to one or more of the following descriptions:
ADULT BOOKSTORE OR ADULT VIDEO STORE - a business having a significant portion of its stock in trade in books, films, photographs, tapes, periodicals and digital or analogue CDs characterized by an emphasis on depicting or describing specified sexual activity or specified anatomical areas; or defines itself as such by advertising as an adult oriented business to the general public.
ADULT ARCADE - an establishment where, for any form of consideration or gratuity, one or more motion picture projectors, slide projectors or similar machines, for viewing by five or fewer persons each, are used to show films, slides or other photographic reproductions including but not limited to computer images which are characterized by an emphasis on depicting or describing specified sexual activity or specified anatomical areas.
ADULT CABARET - a nightclub, bar, restaurant, theater or similar establishment which features performances which are characterized by the exposure of specified anatomical areas; or defines itself as such by advertising as an adult oriented business to the general public.
ADULT MODEL STUDIO - any place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity. Excluded from this definition are any licensed educational institutions where the exposure of specified areas is associated with a curriculum or program.
ADULT MOTEL - a commercial establishment which offers public accommodations, for any form of consideration or gratuity, and provides patrons with closed circuit television transmissions, images transmitted by computer, films, video cassettes, slides or other photographic reproductions which are characterized by an emphasis of depicting or describing specified sexual activity or specified anatomical areas and which advertises the availability of this type of material by means of a sign(s) visible from a public right of way or by means of off premises advertising in newspapers, magazines, leaflets, radio or television; offers a sleeping room for rent for a period of time less than ten hours or allows a tenant or occupant to sub-rent a sleeping room for a time period less than ten hours; or defines itself as such by advertising as an adult oriented business to the general public.
ADULT PARAPHERNALIA STORE - a business having a significant portion of its stock in trade paraphernalia, devices or equipment characterized by an emphasis on depicting a describing specified sexual activity or used in connection with specified sexual activity; or defines itself as such by advertising as an adult oriented business to the general public.
ADULT THEATER OR ADULT MOTION PICTURE THEATER - A theater, concert hall, auditorium or similar establishment which, for any form of consideration or gratuity, regularly features live performances or the presentation of films, video cassettes, slides or similar photographic reproductions characterized by an emphasis on depicting or describing specified sexual activity or specified anatomical areas.
SEXUAL ENCOUNTER CENTER - A business that regularly offers for any form of consideration, activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude. This definition does not apply to any treatment or examination of another person for a bona fide medical purpose when such treatment or examination is conducted in a manner substantially consistent with reasonable medical practices.
ESTABLISHMENT OF AN ADULT-ORIENTED ESTABLISHMENT - includes any of the following:
a. The opening or commencement of any such establishment as a new establishment;
b. The conversion of an existing establishment, whether or not an adult-oriented establishment, to any of the adult-oriented establishments defined herein;
c. The addition of any of the adult-oriented establishments defined herein to any other business or operation; or
d. The relocation of any adult-oriented establishment.
SPECIFIED ANATOMICAL AREAS - are less than completely and opaquely covered human genitals, pubic region, buttock, and female breasts below a point immediately above the top of the areola; and human male genitals in a discernibly turgid state even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITY - include human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; or fondling or other erotic touching of human genitals, pubic region, buttock or female breasts.
ADMINISTRATION SPECIFICATIONS - Details as to the form and content of maps, plans, designs, legal instruments, reports, calculations and other data required to ensure compliance with these Regulations.
APPLICANT - The owner of the land proposed to be subdivided, or his representative. Consent shall be required from the legal owner of the premises when the Applicant is other than the owner.
BOND - Any form of security including a cash deposit, surety bond, collateral, property or instrument of credit in an amount and form satisfactory to the Town Manager.
BASE FLOOD - A flood having a frequency of occurring once every 100 years.
COMMISSION - The Town Plan and Zoning Commission of the Town of Farmington.
CONSTRUCTION PLANS - The maps or drawings showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of the Commission.
DEVELOPER - The owner of land proposed to be subdivided, or his representative. Consent shall be required from the legal owner of the premises when the developer is other than the owner.
EASEMENT - Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.
INLAND WETLAND SOILS - Land which is inundated by water on a seasonal or more frequent basis; land consisting of the soil types designated as poorly drained, very poorly drained, alluvial and flood plain by the National Cooperative Soils Survey as it may be amended from time to time of the National Resources Conservation Service of the U.S. Department of Agriculture.
LOT, PLOT, PARCEL - A plot or parcel of land occupied or capable of being occupied by one principal building determining the land use form and the accessory buildings, structures or uses customarily incident to it, including such open spaces as are required by the Zoning Regulations. A piece of land saleable as a unit.
OPEN SPACE - Open Space includes but shall not be limited to land left in its natural, undisturbed state; land used for agricultural purposes or containing important farmland soils as defined in a report entitled "Important Farmlands - Hartford County Connecticut, United States Department of Agriculture, Soil Conservation Service;" land areas and facilities for passive or active recreation; land areas for wildlife habitat, groundwater recharge, scenic preservation and the like.
RESERVE STRIP - A privately owned strip of land which controls access to land dedicated, or to be dedicated, to public use or to a parcel of land otherwise landlocked.
RESUBDIVISION - A 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.
STREETS
i. Collector Street - A street intended to move traffic from local streets to secondary arterials. A collector street serves a neighborhood or large subdivision and should be designed so that a minimum of residential properties face onto it. ii. Dead End Street (Permanent) - A street having only one intersection with another street, and having a turnaround entirely surrounded on its frontage with separate lots. iii. Dead End Street (Temporary) - A street having one intersection with another street and designed to be extended into adjoining undeveloped land, with a temporary turnaround. iv. Local Street - A street intended to provide access to other roads from individual residential properties.
v. Limited Local Street - A permanent dead end street not exceeding 1,200 feet in length, serving no more than 20 lots. vi. Primary Arterial Street - A street intended to move traffic to and from such major attractors as central business districts, regional shopping centers, major industrial areas and similar traffic generators and/or as a route for traffic between communities or large areas. vii. Secondary Arterial Street - A street intended to collect and distribute traffic in a manner similar to primary arterials, except that these streets service minor traffic-generating areas such as community-commercial areas, primary and secondary education plants, major recreational areas, churches and offices and/or designed to carry traffic from collector streets to the system of primary arterials. viii. Major Street - Any collector, primary or secondary arterial street as defined by these Regulations. ix. Private Residential Street - A dedicated travelway owned in fee or in common which is not a portion of any building lot and which is restricted from public use. Private streets shall be designed and constructed in accordance with the specifications found in these Regulations.
SUBDIVISION - The division of a tract or parcel of land into three or more parts or lots made subsequent to June 1, 1950, for the purpose, whether immediate or future, of sale or building development expressly excluding development for municipal, conservation or agricultural purposes, and including resubdivision. 1.03 PURPOSES - These Regulations are adopted for the following purposes:
i. To protect and provide for the public health, safety and general welfare of the Town of Farmington;
ii. To guide the future growth and development of the Town of Farmington in accordance with the Plan of Development;
iii. To provide for adequate light, air and privacy; to secure safety from fire, flood and other danger; and to prevent overcrowding of the land and undue congestion of population;
iv. To protect the character and the social and economic stability of all parts of the Town and to encourage the orderly and beneficial development of all parts of the Town;
v. To guide public and private policy and action in order to provide adequate and efficient transportation, water, sanitary facilities, schools, parks and other public requirements and facilities; vi. To provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic throughout the community, so that proposed streets shall be in harmony with existing or proposed streets, especially in regard to safe intersections and be so arranged and of such width as to provide an adequate and convenient system for present and prospective traffic needs; vii. To establish reasonable standards of design and procedures for subdivisions and resubdivisions in order to further the orderly layout and use of land; and to ensure proper legal descriptions and monumenting of subdivided land; viii. To ensure that public facilities are available and will. have a sufficient capacity to serve the proposed subdivision; ix. To prevent the pollution of air, streams and ponds; to assure the adequacy of drainage facilities; to safeguard the water table; and to encourage the wise use and management of natural resources throughout the community in order to preserve the integrity, stability and beauty of the community and the value of the land;
x. To preserve the natural beauty and topography of the Town and to ensure appropriate development with regard to these natural features.
CERTIFICATION means a signed, written approval by the Farmington Town Engineer, designated agent for the Farmington Town Plan and Zoning Commission, or the Hartford County Soil and Water Conservation District that a soil erosion and sediment control plan complies with the applicable requirements of these regulations.
COUNTY SOIL AND WATER CONSERVATION DISTRICT means the Hartford County Soil and Water Conservation District established under subsection (a) of Section 22a-315 of the General Statutes.
DEVELOPMENT means any construction or grading activities to improve or unimproved real estate.
DISTURBED AREA means an area where the ground cover is destroyed or removed leaving the land subject to accelerated erosion.
EROSION means the detachment and movement of soil or rock fragments by water, wind, ice or gravity.
GRADING means any excavating, grubbing, filling (including hydraulic fill) or stockpiling of earth materials or any combination thereof, including the land in its excavated or filled condition.
INSPECTION means the periodic review of sediment and erosion control measures shown on the certified plan.
SEDIMENT means solid material, either mineral or organic, that is in suspension, is transported or has been moved from its site of origin by erosion.
SOIL means any unconsolidated mineral or organic material of any origin.
SOIL EROSION AND SEDIMENT CONTROL PLAN means a scheme that minimizes soil erosion and sedimentation resulting from development and includes, but is not limited to, a map and narrative..
AGENCY means the Farmington Inland Wetlands and Watercourses Agency.
PERSON means any person, firm, partnership, association, corporation, company, organization or legal entity of any kind, including municipal corporations, governmental agencies or subdivisions thereof.
SOIL SCIENTIST means an individual duly qualified in accordance with standards set by the Federal Office of Personnel Management.
MATERIAL means any substance, solid or liquid, organic or inorganic, including, but not limited to, soil, sediment, aggregate, land, gravel, clay, bog, mud, debris, sand, refuse or waste.
WASTE means sewage or any substance, liquid, gaseous, solid or radioactive which may pollute or tend to pollute any of the waters of the State.
POLLUTION means harmful thermal effect, or the contamination or rendering unclean or impure of any waters 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.
RENDERING UNCLEAN OR IMPURE means any alteration of the physical, chemical or biological properties of any of the waters of the State, including, but not limited to, change in odor, color, turbidity or taste.
DISCHARGE means the emission of any water, substance or material into waters of the State whether or not such substance causes pollution.
REMOVE includes, but shall not be limited to, drain, excavate, mine, dig, dredge, suck, bulldoze, dragline, or blast.
DEPOSIT includes, but shall not be limited to, fill, grade. Dump, place, discharge or emit.
REGULATED ACTIVITY means any operation within or use of a wetland or watercourse involving removal, relocation or deposition of material, or any obstruction, construction, alteration or pollution of such wetlands or watercourses, but shall not include the specified activities in Section 4. Of these regulations;
a. Regulated area means inland wetlands and watercourses.
LICENSE means the whole or any part of any permit, certificate or approval or similar form of permission which may be required of any persons by the provisions of these regulations;
a. Permit means an approval to conduct a regulated activity under the licensing authority of the Agency;
b. Permittee means the person to whom such permit has been issued.
WETLANDS means land, including submerged land as defined in Section 2.A.18. of these regulations, not regulated pursuant to Section 22a-28 through 22a-35, inclusive, of the Connecticut General Statutes, which consists of any of the soil types- designated as poorly drained, very poorly drained, alluvial and floodplain by the National Cooperative Soils Survey, as it may be amended from time to time, of the National Resources Conservation Service of the U.S. Department of Agriculture. Such areas may include filled, graded or excavated sites which possess an aquic (saturated) soil moisture regime as defined by the USDA Cooperative Soil Survey.
WATERCOURSES means rivers, streams, brooks, waterways, lakes, ponds, marshes, swamps, bogs and all other bodies of water, natural or artificial, public or private, vernal or intermittent, which are contained within, flow through or border upon the Town or any portion thereof. An intermittent watercourse shall be delineated by a defined permanent channel and bank and the occurrence of two or more of the following characteristics:
a. Evidence of scour or deposits of recent alluvium or detritus.
b. The presence of standing-or flowing water for-a duration longer than a particular storm event.
c. The presence of hydrophytic vegetation.
SIGNIFICANT ACTIVITY means any activity, including, but not limited to, the activities specified in Section 6.D. that may have a substantial effect on the area for which an application has been filed or on another part of the inland wetlands or watercourses system.
TOWN refers to the Town of Farmington.
CLEAR CUTTING means the harvest of timber in a fashion which removes all trees over two inches in diameter at breast height.
SUBMERGED LANDS means those lands which are inundated by water on a seasonal or more frequent basis.
DISTURBING THE NATURAL AND INDIGENOUS CHARACTER OF THE LAND means that the activity will significantly alter the inland wetland or watercourse by reason of removal or deposition of material, clear cutting, alteration or obstruction of water flow or will result in the pollution of the wetland or watercourse.
BOG means a poorly drained area containing an accumulation of organic material and characterized by an association of plants recognized as bog species. Typical examples of bog species are listed in the booklet entitled "Inland Wetland Plants of Connecticut" by Wm. A. Niering and R. H. Goodwin, Connecticut Arboretum for the Connecticut Department of Environmental Protection, May 1973.
MARSH means an area normally covered with shallow water, subject to seasonal variations, and containing an association of herbaceous, soft-stemmed plants recognized as marsh vegetation. Typical examples of marsh species are listed in the booklet entitled "Inland Wetland Plants of Connecticut" by Wm. A. Niering and R. H. Goodwin, Connecticut Arboretum for the Connecticut Department of Environmental Protection, May 1973.
FEASIBLE means able to be constructed or implemented consistent with sound engineering principles.
PRUDENT means economically and otherwise reasonable in light of the social benefits to be derived from the proposed regulated activity provided cost may be considered in deciding what is prudent and further provided a mere showing of expense will not necessarily mean an alternative is imprudent.
MANAGEMENT PRACTICE means a practice, procedure, activity, structure or facility designed to prevent or minimize pollution or other environmental damage or to maintain or enhance existing environmental quality. Such management practices include, but are not limited to: erosion and sedimentation controls; restrictions on land use or development; construction setbacks from wetlands or watercourses; proper disposal of waste materials; procedures for equipment maintenance to prevent fuel spillage; construction methods to prevent flooding or disturbance of wetlands and watercourses; procedures for maintaining continuous stream flows; confining construction that must take place in watercourses to times when water flows are low and fish and wildlife will not be adversely affected.