SECTION 6 - DEFINITIONS

6.1       General: The paragraphs which follow define and explain certain words used in these Regulations. Other words used in these Regulations shall have the meaning commonly attributed to them. Doubts as to the precise meaning of words in these Regulations shall be determined by the Commission by resolution, giving due consideration to the expressed purpose and intent of these Regulations.

6.2       Accessory Apartment: A completed self-contained housekeeping unit, with kitchen and bathroom facilities, within a single family residence but having a separate entrance to the outside or entryway.

6.3       Accessory Structure: A structure which is devoted to or intended to be devoted to a use which is incidental and subordinate to and customarily used in connection with, and located on the same lot with the principal building, structure or use. Any structure which is separated from the principal structure or is connected to such principal structure only by means of a porch, breezeway, passageway, garage or carport, shall be deemed an accessory structure and subject to limitations described in Sect. 25.11

6.4       Accessory Use: A use of land, buildings or structures which is incidental and subordinate to and customarily used in connection with, and located on the same lot with the principal building, structure or use.

6.5       Antennae: Devices used to collect or transmit telecommunications or radio signals. Examples include panels, microwave dishes and single pole devices known as whips.

6.6       Child Day Care Center: A facility which offers or provides a program of supplementary care to more than twelve related or unrelated children outside their own homes on a regular basis for a part of the twenty-four hours in one or more days in the week. (Per Connecticut General Statutes Sec. 19a-77).

6.7       Co-located Telecommunications Facility: Telecommunications Facilities which utilize existing towers, buildings or other structures for the placement of Antennae and do not require the construction of a new tower. Co-located Telecommunications Facility may include accessory structures such as cabinets and sheds for associated telecommunications equipment. Any proposed Telecommunications Facility which utilizes a stub tower or other accessory support structure and exceeds the height of the existing structure by more than twenty-five feet shall not be considered a Co­located Telecommunications Facility and shall be subject to the standards of 36.12.

6.8       Commission: The term Commission shall mean the Planning and Zoning Commission of the Town of Branford, Connecticut.

6.9       Communications Tower: A structure that is intended to support equipment used to transmit and/or receive cellular or personal communications services (“PCS”) telecommunications signals. Examples include monopoles and lattice construction steel structures.

6.10     Community Shopping Center: An integrated group of commercial establishments which is planned, developed, owned and managed as a unit, and which has a predominant use as a retail marketplace and which may have subsidiary uses therein for office, theater, banks, restaurants, recreational amenities and other service-oriented uses and which is comprised of not less than 100,000 square feet of gross floor area and which is situated on a parcel of land not less than 10 acres.

6.11     Construction Trailer: The term “construction trailer” shall mean any “trailer” (See definition below) used as an office and/or for storage in connection with and for the duration of a construction project on the lot where the construction trailer is located. A construction trailer shall meet all setback requirements and shall be removed within 30 days after completion of the project. When not in use, construction trailers may be stored in a contractor’s yard and shall be subject to the same restrictions and standards as other equipment stored on the site.

6.12     Convenience Store: A Store with less than 3000 square feet of floor area which sells a limited selection of grocery items.

6.13     Coverage: Coverage is a measurement of the area of a horizontal cross-section of all buildings on a lot (including porches, handicapped ramps, decks and balconies) plus the area covered by swimming pools, tennis courts, and all other structures.

6.14     Critical Coastal Resources:  Critical Coastal Resources are defined as coastal waters, estuarine embayments, rocky shorefronts, inter-tidal flats, islands, tidal wetlands, coastal bluffs and escarpments, beaches and dunes, as defined in the Connecticut General Statutes Section 22a-93(7).

6.15     Dwelling: A “dwelling” is a building containing one or more “dwelling units”.

6.15.1  Dwelling for the Elderly: A dwelling for the elderly is a building containing one or more “elderly dwelling units”, under single ownership and constructed with the use of mortgage assistance or financing, insured, procured or guaranteed through local, state or federal elderly housing assistance programs so long as said programs are available; however, in the event of their unavailability, private mortgage assistance or financing may be procured.

6.16     Dwelling Unit: A “dwelling unit” is a building or a part of a building designed for occupancy, and so occupied, by one (1) “family”. Accommodations occupied for transient lodging in a hotel or motel shall not be considered to be a “dwelling unit”.

6.16.1  Efficiency Dwelling Unit: An “efficiency dwelling unit” is a “dwelling unit” in a “dwelling” containing three (3) or more “dwelling units” and having only one (1) room exclusive of bathroom, kitchen, pantry, communicating corridors or closets and exclusive of any dining alcove with less than 70 square feet of floor area.

6.16.2  One Bedroom Dwelling Unit: A “one bedroom dwelling unit” is a “dwelling unit” in a “dwelling” containing three (3) or more “dwelling units” and having only one (1) room exclusive of one (1) bedroom, bathroom, kitchen, laundry, pantry, foyer, communicating corridors or closets and exclusive of any dining alcove with less than 70 square feet of floor area.

6.16.3  Elderly Dwelling Unit: An “elderly dwelling unit” is a “dwelling unit” in a “dwelling for the elderly” containing three (3) or more elderly dwelling units” and is specifically designed for occupancy by elderly persons, who shall be persons who meet the criteria of elderly persons as set forth in Title 42, Section 1402, USCA or are under a disability as defined in Section 423, Title 42, USCA, or are handicapped within the meaning of Section 1701 of Title 12, USCA, or such appropriate amendments thereto.

6.17     Family: A “family” is a person or a group of related persons, plus guests and domestic servants thereof, or a group of not more than six (6) persons who need not be so related, who are living as a single housekeeping unit maintaining a common household. A roomer or boarder to whom rooms are let and/or board is furnished as permitted by these Regulations shall not be considered a member of a “family” for the purpose of this definition.

6.18     Fast Food Restaurant: A food service establishment at which food is sold at a counter for consumption at the restaurant or for take-out.

6.19     Floor Area - Dwelling or Dwelling Unit: In determining compliance with minimum floor area requirements for “dwellings” and “dwelling units” only finished livable floor area having a ceiling height of at least seven (7) feet shall be counted. The following shall not be included in the computation of finished livable floor area:

     a.       garages;

     b.      outside vestibules; bay windows;

     c.       basement rooms;

     d.      utility rooms for heating apparatus;

     e.       attics;

     f.       terraces; open porches; enclosed porches not heated by a central heating system for the “dwelling”;

     g.      hallways and other space designed for common use by occupants of two (2) or more “dwelling units”.

Measurements of floor area for any “dwelling” or “dwelling unit” shall be taken from the inside surfaces of exterior walls or partitions enclosing the floor area. Any floor other than a ground floor must have access thereto by a permanent inside stairway if said floor is to be included in computing floor area.

6.20     Floor Area, Gross: As used in determining parking requirements and floor area ratios, “gross floor area” shall mean the sum of the total horizontal area of all floors of a building as measured from the exterior walls. Such measurement shall include basement and attic space over which there is structural headroom of 7 feet or more, floor space with structural headroom of 7 feet used for storage or mechanical equipment, and interior balconies and mezzanines. “Gross floor area” does not include covered parking areas. Terraces, porches and decks shall be counted as “Gross floor area” only if used for conduct of a business, such as outdoor dining.

6.21     Floor Area Ratio: A ratio derived by dividing the gross floor area of all buildings on a property by the total area of a lot.

6.22     Full Cut-Off Type Fixture: A luminaire or light fixture that, by design of the housing, does not allow any light dispersion or direct glare to shine above a 90 degree, horizontal plane from the base of the fixture. Full cut-off fixtures must be installed in a horizontal position as designed, or the purpose of the design is defeated, and disability glare will result.

6.23     Group Day Care Home: A facility 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 twenty-four hours in one or more days in the week. (Per Connecticut General Statutes Sec. 19a-77).

6.24     Height: In measuring the height of a building or other structure to determine compliance with maximum height provisions, measurements shall be taken from the average ground level within 10 feet of the building or structure to the level of the highest roof of the building or highest feature of the structure.

6.25     High Traffic Generator: Any use which generates more than ten trips per 1,000 square feet of floor area at peak hour (per the most recent edition of the Institute of Transportation Engineers Trip Generation reference) shall be considered a high traffic generator. Fast food restaurants, gas stations, convenience stores, grocery stores, truck stops and community shopping centers shall be considered high traffic generators.

6.26     Horizontal Illuminance: The measurement of brightness from a light source, usually measured in footcandles or lumens, which is taken through a light meter’s sensor at a horizontal position.

6.27     Impervious Surface: The area of impervious surface on a lot is derived by adding “Building Coverage” (see definition) to the area covered by parking, loading and driveways (whether paved or unpaved) and all other hard surfaces which are neither landscaped nor left in their natural state.

6.28     Impervious Surface Area Ratio: A ratio derived by dividing the area of impervious surface by the total area of a lot.

6.29     Junk Yard: The term “junk yard” shall be construed to include any junk yard”, “motor vehicle junk business” and “motor vehicle junk yard” as defined in the General Statutes of the State of Connecticut. The term shall also include any place of storage or deposit, whether in connection with a business or not, for one (1) or more used motor vehicles which are either no longer intended or in condition for legal use on the public highways and shall also include any place of storage or deposit of used parts of motor vehicles, and old metals, iron, glass, paper, cordage or other waste materials which on any lot have an aggregate bulk equal to one automobile.

6.30     Light Trespass: Light from an artificial light source that is intruding into an area where it is not wanted or does not belong.

6.31     Limited Retail: The term “limited retail “ shall mean quality retail establishments such as furniture stores, large appliance stores, specialty building or lighting materials, and plumbing appliances, where the type of business, in the Commission’s discretion, generates a low traffic volume; and where in buildings 20,000 square feet or larger a minimum of 30 percent and in buildings less than 20,000 square feet a minimum of 40 percent of the gross floor area is utilized for storage, warehousing, shipping and receiving, as defined in Section 24, Schedule A, lines C-17.l and C-20.l, as accessory to the permitted limited retail use.

6.32     Lot: A “Lot” is defined as one of the following:

a.       a parcel of land which conforms to the area, shape and frontage requirements of these Regulations;

b.      a building lot shown on a subdivision map approved by the Commission and filed in the office of the Branford Town Clerk; or

c.       a parcel of land which is owned separately from any adjoining parcel or parcels as evidenced by deed or deeds recorded in the land records of the Town of Branford

6.33     Lot Area and Shape: In determining compliance with minimum lot area and shape requirements of these Regulations, land subject to easements for drainage facilities and underground public utilities may be included, but no street or highway, easement of vehicular access, private right-of—way for vehicles or easement for above ground public utility transmission lines may be included.

Area consisting of steep slope (25% or greater), wetlands, water courses, or critical coastal resources (per paragraph 25.4.12) shall not be used for compliance with the minimum lot area, maximum coverage, floor area or impervious surface standards.  Note that the area of steep slope, wetlands, water courses and critical coastal resources shall be based on site conditions before any proposed excavation, filling, or other earth moving activity.

In an R-5 Zone, the Commission may allow for up to 25% of the required lot area to be steep slopes or inland wetlands provided that doing so will not be detrimental to critical coastal resources and/or other valuable natural features and that all of the following criteria are met:

1.      The lot is served by public water or sewer;

2.      There is sufficient contiguous buildable land (i.e., land which has a slope of less than 25% slope and which is not a wetland) for siting a structure, required parking, and other normal requirements of uses allowed in the zone; and

3.      Access to such buildable area can be accomplished without traversing a slope greater than 25%; and

4.      If the only feasible access to such buildable area requires crossing an inland wetlands, such crossing must have prior approval of the Branford Inland Wetlands Commission.

Land in two or more Zoning Districts may be used to satisfy a minimum lot area requirement provided that the requirement of the District requiring the largest lot area is met, but no land in a Residence District shall be used to satisfy a lot area requirement in any other District.

6.34     Lot, Corner: A “corner lot” is a “lot” having lot lines formed by the intersection of two streets, whether public or private, and where the interior angle of such intersection is less than 135 degrees. A “lot” fronting on a curved street shall be considered a “corner lot” if the central angle of the curve is less than 135 degrees.

6.35     Mobile Manufactured Home. Mobile Home, and Manufactured Home: These terms are used interchangeably to refer to a “mobile manufactured home, “ defined in the Connecticut General Statutes, Sec. 21-64, as follows:

“Mobile manufactured Home” means a detached residential unit having three-dimensional components which are intrinsically mobile with or without a wheeled chassis or a detached residential unit built on or after June 15, 1976, in accordance with federal manufactured home construction and safety standards, and, in either case, 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;

Any such mobile manufactured home having as its narrowest dimension twenty—two feet or more shall be subject to the same standards and conditions as any other single family detached dwelling unit. Any mobile manufactured home pre-existing the adoption of the Branford Zoning Regulations on December 3, 1956, which does not meet these standards and conditions, shall be considered a legal pre-existing non-conformity.

6.36     Property Line, Rear: A “rear property line” is any property line which is parallel to or within 45 degrees of being parallel to a street line, except for a lot line that is itself a street line, and except that in the case of a “corner lot”, only one lot line shall be considered a rear property line.

6.37     Ratio,Uniformity: The ratio describing the average level of illumination in relation to the lowest level of illumination for a given area. Example: Uniformity ratio 4:1 for the given area, the lowest level of illumination (1) should be less than ¼ or “4 times less” than the average (4) level of illumination.

6.38     Retaining Walls: Walls built to retain or support earth or other materials which are not part of a building or structure and utilized to provide changes in grade which cannot be accomplished with stable earth or rock slopes in conformity with Section 44.6 of these regulations. Retaining walls which do not

exceed four (4) feet in height are exempt from the retaining wall standards of Section 44.6.3. Seawalls, bulkheads and other shoreline flood and erosion control structures as defined under Sect. 22a-109(c) of the Connecticut General Statutes, shall not be considered retaining walls.

6.39     Self Storage: Individual self-storage units for goods or possessions, not related to a business being conducted on the storage unit premises, on a temporary or semi-permanent basis subject to the requirements of Section 36.14.

6.40     Sign: See Paragraph 43.2 of Section 43.

6.41     Special Exception or Special Use: A Special Exception is a use of property which may be appropriate to a given zoning district, but which may be incompatible in some locations within the district because of the size, intensity, design, traffic volumes, or other characteristics associated with the use and therefore is not permitted by right everywhere within such district. Such use is allowable only when the Commission finds that the facts and conditions upon which the use is permitted exist.

6.42     Steep Slopes: As used in determining the area of a lot which could be counted in calculating minimum lot area, maximum coverage, floor area or impervious surface standards, steep slope shall be measured prior to any proposed excavation, filling or other earth-moving activity.  “Steep Slopes” are defined as areas having a slope of 25% or greater as measured on a sealed survey, as prepared by a licensed land surveyor, with 2-foot contour intervals and a scale of at least 1 inch = 40 feet or the Town of Branford topographic maps. Slope shall be calculated by measuring the distance between two foot contours as shown on the map.  A 25% slope shall be defined as any areas where the 2-foot contour lines measure less than eight feet apart in the horizontal plane.

6.43     Storage Trailer: The term storage trailer shall include the trailer portion of a tractor-trailer vehicle, storage container or box, portable warehouse, and similar moveable roofed enclosures placed on a lot for the purpose of storing equipment or other goods and having a gross coverage exceeding 50 square feet. (See Section 36 of these Regulations for special requirements of “Storage Trailers”). Any tractor-trailer vehicle or detached trailer parked on the same property for a period of more than 90 days shall be considered a storage trailer rather than a vehicle. Any trailer used to store accumulations of bulky recyclable material (such as used tires or cardboard) shall not be considered to be a storage trailer provided such trailer is removed from the site and emptied on a regularly scheduled cycle not to exceed 90 days.

6.44     Story: A “story” is that portion of a building between the surface of any floor and the surface of the floor, ceiling or roof next above. Attics not used for human occupancy shall not be considered a story. When the ceiling of a basement is five (5) feet or more above the average ground level within 10 feet of the building, the basement shall be considered a “story”.

6.45     Street: A “street” shall mean any public way duly accepted by the Town of Branford, any State Highway, except limited access State Highways, or any street shown on a subdivision map approved by the “Commission” and filed in the office of the Branford Town Clerk.

6.46     Street, Width: The “width” of a street shall mean the distance between the “street lines”.

6.47     Street Line: The term “street line” shall mean the right-of-way, easement or taking line of any “street” or of any easement of vehicular access or private right- of - way.

6.48     Telecommunications Facility: Antennae, telecommunications equipment, Communications Towers and/or other support structures used together in connection with the provision of wireless communications service. These services may include, but are not limited to, cellular communications, personal communications services and paging.

6.49     Tidal Wetlands: Tidal wetlands are those areas which border on or lie beneath tidal waters, such as, but not limited to banks, bogs, salt marshes, swamps, meadows, flats, or other low lands subject to tidal action, including those areas now or formerly connected to tidal waters, and whose surface is at or below an elevation of one foot above local extreme high water, and upon which may grow or be capable of growing some, but not necessarily all, of the specific species listed in the Connecticut General Statutes Section 22a-29(2).

6.50     Trailers: The term “trailer” shall include any vehicle or contrivance which is used, or designed for use, for human habitation and which is or may be mounted on wheels and which is or may be propelled either by its own power or by another power-driven vehicle, and whether resting on wheels, jacks or a foundation; the term “trailer” shall include mobile home, camper and camp trailers used, or designed for use for human habitation. The following additional provision shall apply to “trailers”.

6.50.1  On any lot, one (1) “trailer” may either be parked or stored in a garage or other building accessory to a permitted use on the lot or parked or stored so as not to extend within less than 25 feet of any property line or within the area required for setback for accessory buildings from any street line. The owner of the “trailer” shall also be the owner or occupant of a dwelling or other permitted use on the lot.

6.50.2  A “trailer” may be used as an office in connection with and for the duration of a construction project on the lot where the “trailer” is located, provided that such “trailer” is located so as to meet all of the setback requirements for buildings and other structures and is removed within 30 days after completion of the project.      

6.51     Tidal Wetlands: Tidal wetlands are those areas which border on or lie beneath tidal waters, such as, but not limited to banks, bogs, salt marshes, swamps, meadows, flats, or other low lands subject to tidal action, including those areas now or formerly connected to tidal waters, and whose surface is at or below an elevation of one foot above local extreme high water, and upon which may grow or be capable of growing some, but not necessarily all, of the specific species listed in the Connecticut General Statutes Section 22a-29(2).

6.52     Travel Trailer: The term “travel trailer” shall include any camper, camp trailer, furnished van, or any type of trailer designed for human habitation. The occupancy or use of a trailer as a dwelling is prohibited per Section 24.2 of these regulations. On any lot, one (1) “travel trailer” may be parked or stored in a garage or other building accessory to a permitted use on the lot or parked or stored so as not to extend within less than 25 feet of any property line or within the area required for setback for buildings from any street line. The owner of the “trailer” shall also be the owner or occupant of a dwelling or other permitted use on the lot.

6.53     Uplighting: Any light source that distributes illumination above a 90 degree horizontal plane.

6.54     Wetland: The term “Wetland” shall have the same meaning as defined in the General Statutes of the State of Connecticut, as amended from time to time.

6.55     Special Terms: The following sub-paragraphs define and explain special terms used in the Flood Plain District provisions of these Regulations:

6.55.1 Areas of Special Flood Hazard: Means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year.

6.55.2  Base Flood: Means the flood having a one percent chance of being equalled or exceeded in any given year.

6.55.3  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, excavation or drilling operations located within the area of special flood hazard.

6.55.4  Flood or Flooding: Means a general and temporary condition of partial or complete inundation of normally dry land areas from:

1. The overflow of inland or tidal waters and/or

2. The unusual and rapid accumulation or runoff of   surface waters from any      source.

6.55.5  Flood Insurance Rate Map (FIRM): Means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the rate premium zones applicable to the community. 

6.55.6  Flood Plain or Flood-prone Area: Means any land area susceptible to being inundated by water from any source.

6.55.7  Substantial Improvement: Means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:

1. Before the improvement or repair is started, or

2. If the structure has been damaged and is being restored, before the damage occurred.

For the purpose 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 either:

1. Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or;

2. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

 “Variance” means a grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance.