Glossary forNew Canaan, Fairfield County, CT

APPLICATION Shall mean an application for the approval of a proposed subdivision, as provided for in Article VI of these regulations.

BASE FLOOD ELEVATION - shall mean the water surface elevation of a flood that has a one per cent or greater chance of occurrence In any given year. as determined by the Federal Insurance Administration and set forth on the "Flood Insurance Rate Maps" which are on file in the Office of the Town Clerk.

COMMISSION Shall mean the Town Planning and Zoning Commission of the Town of New Canaan, as provided in the Charter revision of the town effective December 1, 1957.

DEAD-END STREET Shall mean a street only one end of which connects with another street, thereby preventing through traffic.

DEVELOPER Shall mean any person, firm or corporation who shall lay out for the purpose of sale or building development any subdivision or part thereof, or any resubdivision, as herein defined.

DEVELOPMENT PLAN Shall mean the Development Plan of the Town of New Canaan, Connecticut, as adopted by the Commission, or its predecessor, as now or hereafter amended.

LAND IN COMMON OWNERSHIP Shall mean all contiguous land in identical record ownership on or subsequent to December 1, 1952.

LOT Shall mean a unit of land area designed for sale or building purposes and constituting a part of a larger tract of land.

OWNER Shall mean the owner of record in the Land Records of the Town of New Canaan in the office of the Town Clerk.

PRELIMINARY LAYOUT Shall mean the plans for a proposed subdivision or resubdivision, as provided for in Article III of these regulations.

PRINCIPAL THOROUGHFARE - Shall mean a major street, as hereinafter defined.

RESERVATION Shall mean land in an approved subdivision reserved for future use for some specified purpose or purposes.

RESUBDIVISION Shall mean 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, or (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. [Amended 11-14-67; effective 11-24-67]

ROAD See definition of "Street."

SALE Shall mean a conveyance for a consideration or any transfer, of title by gift, devise or mortgage.

STREET Shall mean a way permanently dedicated to movement of vehicles and pedestrians and providing the principal means of access to abutting property, and which is shown on a subdivision plan approved by the Commission or shown on the Development Plan or on a map filed in the office of the Town Clerk prior to December 1, 1952, or is a state or town road, and shall include highways, throughways, thoroughfares, parkways, avenues, roads, lanes, alleys, driftways or other arteries of vehicular traffic, but not private driveways or accessways.

A. Major street. Major street shall mean a major road or highway or a secondary road or street, as designated in the Development Plan.

B. Local street. Local street shall mean a minor road or street, as designated in the Development Plan, or any street (other than a major street) in a proposed or approved subdivision.

C. Street right-of-way. Street right-of-way shall mean the area between property lines, reserved for use, present or future, of any street.

SUBDIVISION Shall mean the division of a tract or parcel of land in common ownership into three (3) or more parts or lots for the purpose, whether immediate or future, of sale or building development, expressly excluding development for agricultural purposes, and shall include resubdivision. Where appropriate to the context of these regulations, the word "subdivision" shall be deemed to relate to the process of subdivision or to the land or area subdivided.

TOWN Shall mean the Town of New Canaan.

TOWN STANDARD DETAIL DRAWINGS Shall mean the drawings of details for storm sewers, street layout and construction and sanitary sewers, referred to in Section 55-5.12 of these regulations, as in effect at the time of the application.

TRAVELED WAY Shall mean the wearing surface of the street used by vehicular traffic.

TURNAROUND Shall mean a paved area at the end of a dead-end street to permit vehicular traffic to turn around without having to back up.

ZONE Shall mean an area of the town established by the Commission, or its predecessor, for the purpose of regulating the use or uses which may be made of the land in such area, as provided in the Zoning Regulations. as now in force or as hereafter amended.

ACCESSORY - Subordinate and customarily incidental to a principal building, structure, or use on the same property.

ACCESSORY DWELLING UNIT - See "Dwelling Unit, Accessory'.

ACCESSORY BUILDING -- See "Building, Accessory

ACCESSWAY - Land containing a driveway intended to provide access to a rear lot or to land(s) of others.

For lots established prior to June 18, 2005, the extent of an accessway shall be that area labeled as an accessway and shown on a map which has been approved by the Commission and is on file in the land records provided that the Commission may require legal documentation establishing the accessway and its location.

In all other situations, the extent of an accessway shall be that area beginning at the public street providing access and ending at the point where fifty percent (50 %) of the required lot width is obtained, or that area as approved by the Commission.

**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

AFFORDABLE HOUSING - A single-family dwelling, a unit in a multi-family building or complex, an accessory dwelling unit, or a residential unit in a mixed-use building or complex for which, as defined in CGS 8-39a, persons and families pay thirty per cent or less of their annual income, where such income is less than or equal to the area median income (see definition).

AFFORDABLE HOUSING DEVELOPMENT - a housing development which:

1. contains or will contain one or more units of affordable housing, or

2. is or will be a set-aside development (see definition), or

3. is receiving, or will receive, financial assistance under any governmental program for the construction or substantial rehabilitation of low and moderate income housing, or

4. is, or will be, occupied by persons receiving rental assistance under chapter 319uu or Section 1437f of Title 42 of the United States Code.

ALTER - To change or rearrange the use, function, intended use, structural parts or the existing facilities of a building, structure or use of land.

ANTENNA - any device that transmits or receives electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other electromagnetic communication signals.

ANTENNA HEIGHT - See "Height, Antenna".

ANTENNA MOUNT - The structure or surface upon which telecommunications antennas are mounted, including building roof mounts, building side mounts, ground mounted tower and structure mounted.

ANTENNA TOWER - Any structure, including a tower or building, and any support appurtenant thereto that is designed and constructed primarily for the purpose of supporting one or more antennas.

ARTICLE - A separate part of these Zoning Regulations. See "Chapter" and "Section".

ATTIC -- The space between the roof rafters and the ceiling beams or floor joists below. See definition of "Story".

AVERAGE GRADE - See "Grade, Average".

BASEMENT - That portion of a building that is partly below and partly above ground and having one-half (1/2) or more of its total height above average grade. See "Story", "Cellar", and "Grade, Average."

**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

BED & BREAKFAST - An owner-occupied residence that provides overnight accommodations in six (6) or fewer rooms and a morning meal to transients for compensation and where stays are limited to thirty (30) days or less.

BEDROOM - A room which is designated and primarily used for sleeping and including, in the case of any multi-family development, libraries, dens, studios, studies, lofts and other similar spaces.

BOARD -- The Zoning Board of Appeals.

BUFFER, BUFFER AREA OR BUFFER STRIP - A strip of land along a property line or zone boundary which is free of any building or use other than natural woody growth, landscaping, fencing or screening and which provides visual and noise separation.

BUILDABLE LAND -- Land area of a lot or parcel, exclusive of any area classified as wetlands, watercourses, 100-year floodplain, or containing slopes greater than twenty-five (25) percent.

BUILDING -- Any structure having a roof and intended for the shelter, housing or enclosure of persons, animals, goods, or personal possessions.

BUILDING, ACCESSORY -- A building, the use of which is customarily incidental to that of the principal building on the same lot.

BUILDING, PRINCIPAL -- A building in which is conducted the main or principal use of the lot on which said building is situated.

BUILDING CODE -- Regulations that govern building design, construction, and maintenance and require Building Permits, electrical permits, mechanical permits, plumbing permits, Certificates of Occupancy, and other approvals to do work pertaining to building construction, improvement, and occupancy in New Canaan.

BUILDING COVERAGE - As provided below, the horizontal area covered by the indicated buildings and other structures on the lot:

**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 - See "Height, Building".

BUILDING LINE - A line, established by the Commission or other competent municipal authority, in back of the street line defining an area between said lines upon which buildings or structures are regulated or prohibited.

CELLAR -- That portion of a building that is partly below and partly above ground and having more than one-half (1/2) of its height below average grade. See "Story", "Basement", and "Grade, Average."

CERTIFICATION - With regard to a soil erosion and sediment control plan, a signed, written approval by the Commission or its designated agent that a soil erosion and sediment control plan complies with applicable requirements of these Regulations.

CGS -The Connecticut General Statutes, as amended.

CHAPTER -The entire Zoning Regulations. See `Article".

CHURCH - See "Religious Institution".

CLUB -- A voluntary or corporate association whose objects, purposes and pursuits are social, fraternal, religious, political, educational, recreational or charitable, operating without profit or division of any revenues to its members, except as reasonable compensation for special services actually rendered, and devoting alt net revenues received to supporting its purposes and objects or to eleemosynary uses.

COMMERCIAL VEHICLE -- See "Vehicle, Commercial".

COMMISSION -- The New Canaan Planning and Zoning Commission.

COMPREHENSIVE ZONING PLAN -- These Regulations and the accompanying map(s) and schedules which address the use of all areas in the Town of New Canaan.

CONSERVATION RESTRICTION -- An encumbrance on real property filed on the land records of the Town for the protection and permanent preservation of fragile, vulnerable or valuable areas such as natural features, open space, natural habitats, buffer zones, scenic areas, historic sites, riding and walking trails, and land devoted to other similar purposes.

CONVALESCENT HOME -- A facility that provides nursing services and custodial care for compensation on a 24-hour basis for three or more unrelated individuals who for reasons of illness, physical infirmity, or advanced age require such services.

CORNER LOT -- See "Lot, Corner".

COVERAGE, BUILDING - See "Building Coverage".

CURB CUT - The opening along the curb line at which point vehicles may enter or leave the roadway.

CURB LEVEL -- The permanently established grade of the sidewalk along the front of a lot based on a height of six (6) inches above the average street level at the gutter line in front of a lot, or along both fronts in the case of a corner lot.

DATE OF APPROVAL -The date an application is approved:

by affirmative action of the Commission or Board under any provision of these Regulations or,

by conclusion of any appeal which results in a judgment approving or affirming approval of the application, or

by reason of failure of the Commission to act within the statutory time frame in the case of a Site Plan application.

DAY CARE - The care of people on a regularly recurring but part-time basis in a place other than the person's own dwelling unit.

DAY CARE CENTER -A facility which offers or provides a program of supplementary day care to more than twelve (12) related or unrelated people.

DAY CARE HOME, FAMILY - Day care provided in a private family home for not more than six (6) people and where the principal provider of the services resides on the premises.

DAY CARE HOME, GROUP - Day care provided in a private family home for more than six (6) but not more than twelve (12) people on a part-time, but regularly recurring, basis and where the principal provider of the services resides on the premises.

DECK -- A roof-less structure or portion of a structure which is usually constructed of wood with structural supports which hold the walking surface off the ground.

DEPOSIT -- With respect to the movement of earth material, the placement of earth material on land which includes, but shall not be limited to, fill, grade, dump, place, discharge, or emit.

DEVELOPMENT -- Any construction or grading activities to improved or unimproved real estate.

DISTURBED AREA -- An area where the ground cover is destroyed, removed, or changed, leaving the land subject to potential accelerated erosion.

DORMER - A projection from a sloping roof, usually containing a window or a ventilating louver, which is clearly subordinate in area and volume to the sloping roof.

DRAINAGE -- The controlled or uncontrolled removal or discharge of surface or ground water from land by drains, grading or other means which may include runoff controls to minimize erosion, reduce suspended solids and maximize groundwater recharge during and after construction or development.

DRIVEWAY - An area primarily on private property used by vehicles to access or exit a property.

DWELLING -- A structure maintained for human habitation erected on a closed solid foundation, equipped with at least one customary form of heating apparatus and constructed with ceilings and walls finished in some acceptable manner to give proper insulation and to be capable of maintaining a healthful interior room temperature of sixty-eight degrees Fahrenheit (68 F.) and healthful ventilation when the outside temperature is zero.

DWELLING, MULTI-FAMILY -A building arranged, intended or designed to be occupied by three (3) or more families living independently of each other and doing their cooking upon the premises, or by four (4) or more unrelated individuals living independently.

DWELLING, SINGLE-FAMILY -- A building arranged, intended or designed to be occupied by one family.

DWELLING, TWO-FAMILY -- A building arranged, intended or designed to be occupied by two (2) families living independently of each other and doing their cooking upon the premises.

DWELLING UNIT -- A building or portion thereof, providing a kitchen and related housekeeping facilities for one family.

DWELLING UNIT, ACCESSORY - A secondary dwelling unit on a single-family residential property which is clearly accessory to the single-family dwelling and is a complete independent living facility with provisions within the unit for cooking, eating, sanitation, and sleeping.

EARTH -- Includes, in addition to earth as commonly understood, soil, loam, sand, gravel, rock, stone, clay or any other material of which the ground is composed.

EAVE -- The portion of a roof overhanging the wall of a building.

**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

EFFECTIVE DATE - In the case of a zone change application or a regulation amendment application, the date specified by the Commission and published in the legal notice of the decision,

ELEEMOSYNARY -- Organized and operated for the purpose of providing a public service or activity without profit.

EMERGENCY SERVICES COMMUNICATIONS - Communications service and equipment needed for local police, fire, or ambulance services.

ENCROACHMENT - Any obstruction or illegal or unauthorized intrusion in a delineated area (such as property line encroachment or setback encroachment).

EROSION -- The process of wearing away and removal of the earth's surface by natural agents including weather, running water, waves, currents, ice, wind or gravity.

EXCAVATION - The digging out, extraction, regrading or removal of earth, whether exposed or covered by water, so as to alter its pre-existing contour or its natural contour.

FAA -The Federal Aviation Administration.

FACADE -- The face of any exterior wall of a building exposed to public view.

FAMILY - Any number of individuals related by blood, legal adoption, or marriage and up to two additional unrelated individuals living and cooking together on the premises as a single housekeeping unit, as distinguished from a group occupying a boarding or rooming house or hotel.

FAMILY DAY CARE HOME - See "Day Care Home, Family".

FARMING - The use of any tract of land, either as a principal use or an accessory use, for the, raising of agricultural products, forest products, nursery products (such as plants, shrubs or trees), livestock or poultry, including the raising of horses and other domestic farm animals.

FARMING, COMMERCIAL - Farming activities and structures used for commercial purposes including:

the sale of farming products (including cut flowers) when produced on the premises,

the sale of nursery or other products (including containerized plants) or for a collateral business (such as landscaping services), or

the provision of services to others, including riding academies or livery stables.

FARMING, NON-COMMERCIAL - Farming activities and structures (such as greenhouses) for personal and non-commercial use.

FCC - The Federal Communications Commission.

FENCE -- A barrier of any material or combination of materials, other than trees or other. living plant material, erected to enclose, separate, screen or buffer areas of land.

FLOOD - A general and temporary condition of partial or complete inundation of normally dry land from the overflow of water or the unusual and rapid accumulation or runoff of surface waters from any source.

FLOODPLAIN OVERLAY ZONE - Any area designated by the Federal Emergency Management Agency in the Flood Insurance Study, as amended, as having a one percent (1%) chance of a theoretical flood event being equaled or exceeded in any given year (a "one-hundred- year-flood").

**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

FLOOR AREA, GROSS - The total of all floor area measured from the outside surface of the exterior walls of all stories of a building, exclusive of parking garage areas.

FLOOR AREA RATIO -- The ratio of the gross floor area of a building to the area of the lot.

FRONTAGE -- The extent of land along a front lot line. See "Lot Width".

FRONT YARD -- See "Yard, Front".

FUR-BEARING ANIMAL - An animal customarily bred and raised for the use of its pelt for clothing or decoration of clothing, such as mink, fox or rabbit.

GARAGE, COMMERCIAL - Any lot, building or part thereof, used for the storage, service or repair of motors, engines or more than one vehicle or boat for remuneration, including any rental, lease or sale of any motors, engines, vehicles or boats.

GRADE AVERAGE -

(Residential Zones) - For Article 3 - Residence Zones, the average grade for a building or other structure shall be an elevation determined by averaging the lowest finished ground elevations on the lot within ten (10) feet of the building or other structure at the four outermost corners of the building or other structure and within ten (10) feet of the building or other structure at the mid- points between those corners (eight points total).

(Other Zones) -- For other zoning districts, the average grade for a building or other structure shall be an elevation determined by averaging the finished grades at the four (4) outermost corners of the building or other structure.

**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

GRADE, FINISHED -- The final elevation of a particular point above or below a given reference datum (such as mean sea level).

GRADING -- Any excavating, grubbing, filling (including hydraulic fill) or stockpiling of earth materials or any combination thereof which results in a change of contour or elevation, either permanent or temporary.

GROSS FLOOR AREA -- See "Floor Area, Gross".

GROUP DAY CARE HOME - See "Day Care Home, Group".

GROUP HOME -- A community residence as defined in CGS 17a-220 which is licensed under the provisions of CGS 17a-227, or a child-care residential facility and which is licensed under CGS 17a-145 to 17a-151, inclusive.

GUEST HOUSE -- An accessory building used solely by the owner or occupant of the premises for the temporary accommodation of guests or family members and for which use no rental or other charge is made or received; or an accessory building used solely as accommodations for an employee of the owner or occupant of the premises.

HEIGHT, ANTENNA - The distance measured from the ground elevation at the base of an antenna or any appurtenances thereto to the highest point of the antenna or any appurtenances thereto.

HEIGHT, BUILDING - The vertical distance from the average grade for a building or other structure to the highest of the following elevations on the building or other structure:

the elevation of the highest point of the highest dome, flat, or mansard roof, including the top of any parapet;

for roofs which are gable, hip, gambrel, shed, or A-frame roofs, the mean elevation of the roof (other than a dormer) with the highest mean elevation between its ridge and its corresponding eave, and

for roofs which are salt box roofs, the mean elevation of the side of the salt box roof (other than a dormer) with the highest mean elevation between its ridge and its corresponding eave.

HEIGHT, TOTAL BUILDING -- The vertical distance from the average grade for a building or other structure to the highest of the following elevations on a building or other structure:

the elevation of the highest point of the highest dome, flat, or mansard roof, including the top of any parapet; or

the highest point of the highest ridge, including any dormer, of all gable, hip, gambrel, shed, A- frame, and salt box roofs.

Building Height / Total 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 / Total 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.

HISTORIC STRUCTURE -- Any structure which, in the opinion of the Commission, has a special character or special historic interest or value as part of the development, heritage or cultural characteristics of the Town, state or nation.

HOME-BASED BUSINESS - The use of a portion of a dwelling for business purposes by the resident occupants (specifically excluding barbershops; beauty parlors; manufacturing; commercial woodworking; animal hospitals; dance studios; mortuaries; restaurants; metal working; automobile, boat or other vehicle repair or painting; and other uses as may be determined by the Commission) in the following general hierarchy of intensity:

HOME OFFICE -- The use of a dwelling for occasional business use (as part of employment typically occurring elsewhere) or a home-based business involving minimal visits to the premises by non-residents.

HOME OCCUPATION, MINOR - The use of a dwelling for a home-based business, which may include one (1) non-resident employee, involving no more than five (5) patron, client, or associate visits per week.

HOME OCCUPATION, MAJOR -- The use of a dwelling for a home-based business involving two (2) or more non-resident employees or six or more patron, client, or associate visits per week.

HOTEL - Any building or other structure kept, used, maintained, advertised or held out to the public to be a place where:

more than six (6) rooms are used or offered for pay to transient or other guests for sleeping accommodations, and

there is one (1) or more dining rooms where meals are served to such guests, and

such sleeping accommodations and dining rooms are provided in the same building or buildings in connection therewith, and

there is adequate kitchen and dining room equipment and capacity for preparing, cooking and serving suitable food for its guests.

HOUSING AFFORDABILITY PLAN - a written narrative which complies with the requirements of CGS 8-30g, the Regulations of Connecticut State Agencies, and the Housing Affordability Plan Requirements adopted by the Commission.

INSPECTION -- The periodic on-site review of property for the purpose of determining compliance with these Regulations, as authorized by these Regulations and the Connecticut General Statutes.

INSPECTOR --The Zoning Inspector.

KITCHEN -- A room, place or space within a structure designed, equipped, or used for the preparation, cooking, and storage of food.

LAND FILLING -- The placement of any material over the surface of the natural ground, which has the effect of altering its natural contour.

LEVEL OF SERVICE (LOS) -- The ability of a road or intersection to move traffic safely and efficiently, measured by the ratio of traffic volume to its corresponding capacity and expressed in one of six letters as established by the Transportation Research Board of the National Academy of Sciences.

LICENSED CARRIER - A company authorized by the FCC to construct and operate a wireless communication facility.

LIGHT, DIRECT -- Light emitted directly from the lamp, off of the reflector or reflector diffuser, or through the refractor or diffuser lens, of a luminaire.

**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

LIGHT FIXTURE, FULL CUT-OFF TYPE -- 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 luminaire.

LIGHT, FULLY SHIELDED -- Fully shielded luminaire light fixtures which can control the glare in any direction.

LIGHT GLARE - Light emitting from a luminaire with intensity great enough to reduce a viewer's ability to see.

LIGHT, INDIRECT - Direct light that has been reflected or has scattered off of surfaces other than those associated with the light fixture.

LIGHT ISODIAGRAM -- A graphical representation of illuminance used to show the level and/or evenness of a lighting design and to show how light fixtures will perform on a given site.

LIGHT POLLUTION - Stray or reflected light that is emitted into the atmosphere above the 90-degree horizontal plane from the luminaire and which can or does cause unwanted sky glow or which can or is seen from an abutting property.

LIGHT TRESPASS - Direct light from an artificial light source on one property that is intruding into an area where it is not wanted or does not belong.

LIGHTING, OUTDOOR - The night-time illumination of an outside area or abject by any man-made device located outdoors that produces light by any means.

LOADING SPACE -- The required off-street area for the vehicular loading or unloading of goods.

LOT -- A parcel of land capable of being lawfully built upon in conformity with these Regulations and may contain one or more zone units. Also see "Parcel."

LOT, CORNER - A front lot that abuts two (2) intersecting streets and, as a result, has two front yards.

LOT, FRONT - A lot:

fronting on a public street, and

having direct driveway access to the street, and

where the building site is generally located on or near the front yard setback as measured from the street. See Lot, Rear:

LOT, REAR -- A lot:

not having the required lot width on a public street, and

having access to the street via an accessway or a strip of-land that maybe part of the rear lot, and

where the building site is located generally to the rear of other lots having frontage on the same street. See "Lot, Front"

**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

LOT AREA -- The total horizontal area included within lot lines but excluding:

the area of any accessway or vehicular easement or right-of-way for vehicular travel to the subject lot or any other lot,

any portion of the parcel separated from the remainder of the parcel by an area used for vehicular access to any other parcel, and

any portion of the lot having less than fifty percent (50%) of the required lot width.

**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

LOT CIRCLE - A circle of a diameter prescribed in Section 3.5.C, intended to control the shape of lots.

**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

LOT DEPTH -- The mean horizontal distance between a front lot line and the opposite, most nearly parallel lot line measured in the general direction of the side lot lines or a line parallel thereto.

LOT LINE -- A boundary which separates a lot from another parcel or a street.

LOT LINE, FRONT -- A boundary which separates a lot from the street, or the boundary located adjacent to the accessway and most parallel to the street that provides access to the lot.

LOT LINE, REAR -- A boundary line which separates two (2) lots and is located most directly opposite the front lot line except that a corner lot, a through lot, or a pie-shape lot shall not be required to have a rear lot line.

LOT LINE, SIDE - A boundary line which is not a front lot line or a rear lot line and which separates two (2) lots.

LOT WIDTH -- The "width" of a lot as measured generally parallel to the street front except that:

it shall not include any portion of the parcel which is used for vehicular access to any other parcel, and

it shall not include any portion of the parcel separated from the remainder of the parcel by an area used for vehicular access to any other parcel.

LUMEN -- A unit of luminous flux, determined from the initial lumen output ratings of a lamp, where one foot-candle is one lumen per square foot.

LUMINAIRE -- A complete lighting system, including a light source component (lamp or lamps that produce the actual light) and a fixture.

LUMINAIRE, HEIGHT OF -- The vertical distance from the ground directly below the centerline of the luminaire to the lowest direct-light-emitting part of the luminaire.

MEDIAN INCOME - after adjustments for family size, the lesser of the most recently reported state median income or the most recently reported area median income for the Stamford-

Norwalk PMSA as determined by the United States Department of Housing and Urban Development,

MODERN HOUSE -- A structure built in the style of the Modern Movement, generally between 1947 and 1968, which is identified on a list of Modern houses maintained by the New Canaan Historical Society.

MOTOR VEHICLE JUNKYARD --A parcel of land used for the storage or maintaining of two or more unregistered motor vehicles or two or more vehicles or equivalent parts thereof no longer in condition for legal use on the public roadways, other than the site of a duly-licensed "motor vehicle junkyard" or the site of a duly-licensed "general repairer" as provided for in Chapter 246 of the General Statutes.

MULTI-FAMILY -- See "Dwelling Unit, Multi-Family".

NONCONFORMING -- The situation where a use, activity, building, structure, or lot does not conform to the requirements of these Regulations.

NONCONFORMING BUILDING - A building that does not conform to these Regulations with respect to size, area, height, setback or other requirement for the zone in which it is situated.

NONCONFORMING LOT - A lot which fails to conform to these Regulations with respect to area, width, or other requirement for the zone in which it is situated.

NONCONFORMING USE -- A use of land or of a building that does not conform to these Regulations for the zone in which it is situated.

NONCONFORMITY, PRE-EXISTING -- The situation where a nonconforming use, activity, building, structure, or lot existed or was lawful prior to the time these Regulations or amendments thereto which created the nonconformity became effective.

OPEN SPACE -- Land preserved in perpetuity for protection of natural resources, natural features, scenic resources, or community character.

PARCEL -- The land contained within one continuous property line. Also see "Lot".

PARKING SPACE -- The area required for the temporary storage of a motor vehicle, not including aisles and driveways giving access thereto, located in other than a public street or other public way and having a permanent means of access to a public street without requiring passage through another parking space.

PATIO -- See "Terrace".

PERSONAL SERVICE ESTABLISHMENT -- See "Service Establishment, Personal".

PHILANTHROPIC -- See "Eleemosynary".

POOL HOUSE -- An accessory structure incidental to a swimming pool on the same premises which may contain changing areas, showers, toilets and entertainment facilities, but shall not contain bedrooms, kitchens or other types of daily living areas and shall not be used as a guest house or for the accommodation of help.

PORCH - A portion of a structure which has a roof and a floor and is not enclosed by full walls.

PORCH, CLOSED -- A porch with screened-in or glassed-in openings.

PORCH, OPEN - A porch that is open to the air without screened-in or glassed-in openings.

PREMISES -- The real property, either land or buildings or both, which is being evaluated.

PRIVATE EMERGENCY SHELTER -- A structure designed and available for use for protection of the occupants.

REAR YARD -- See "Yard, Rear".

RECREATION FACILITY, INDOOR - A commercial establishment which provides indoor recreation facilities, such as tennis clubs, skating rinks, bowling alleys, health clubs, racquetball clubs and other similar uses.

RECREATIONAL VEHICLE -- Any type of vehicle used primarily for recreational pleasure including but not limited to motor homes, travel trailers, campers, camping trailers, boats, snowmobiles, and associated trailers.

RELIGIOUS HOUSE -- A religion-related facility such as a parish house and, if used for dwelling purposes, housing persons associated with said religious facility and consisting of not more than four unrelated individuals or two family units.

RELIGIOUS INSTITUTION- A place where persons regularly assemble for religious worship, and which is maintained and controlled by a religious body which is organized to sustain public worship.

REMOVE - Includes, but is not limited to, drain, excavate, mine, dig, suck, bulldoze, dragline or blast.

REQUIRED YARD -- See "Yard Setback".

RESIDENCE -- See "Dwelling Unit".

RESTAURANT -- A business or use whose principal function is the preparation and serving of food for consumption on the premises at tables, booths or similar sit-down accommodations.

RETAIL BUSINESS - A business whose primary activity is the sale of merchandise kept and displayed on the premises to customers visiting the premises.

SECTION - A separate part of an Article within these Zoning Regulations. See "Article" and "Subsection".

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

SERVICE ESTABLISHMENT - An establishment whose primary activity is the provision of services or assistance, as opposed to products, to individuals, business, government, or other enterprises except that service establishments shall not be construed to include laundries, dry- cleaning establishments which clean or launder materials on the premises, rug or carpet cleaning commercial recreation, undertakers' establishments, any service operation which involves use of heavy equipment, or comparable uses.

SERVICE ESTABLISHMENT, PERSONAL - A service establishment whose primary activity or activities is the provision of services relating to the repair, adjustment, alteration, cleaning or servicing of items owned by or being provided to a customer including hair care, clothing rental, photographic studios, garment repair, tailoring, shoe repair, or comparable use.

SET-ASIDE DEVELOPMENT - a development approved by the Planning & Zoning Commission in accordance with a Housing Affordability Plan (see definition) approved by the Planning & Zoning Commission in which:

1. not less than fifteen per cent of the dwelling units are or will be encumbered by covenants or restrictions which require that, for at least forty years after the initial occupancy, such dwelling units shall be sold or rented at, or below, prices where households earning sixty per cent of the median income (see definition) will pay thirty per cent or less of their annual income for such housing, and

2. not less than fifteen per cent of the dwelling units are or will be encumbered by covenants or restrictions which require that, for at least forty years after the initial occupancy, such dwelling units shall be sold or rented at, or below, prices where households earning eighty per cent of the median income (see definition) will pay thirty per cent or less of their annual income for such housing.

SETBACK -- See "Yard Setback".

SIDE YARD -- See "Yard, Side".

SIGN - A letter board or plane or the like, placed on, within, or before a building or other object or otherwise displayed to advertise a business or products, including lettering on buildings or windows, flags or banners and any device with or without lettering used for such purposes.

SIGN, REAL ESTATE - A sign containing only the words "for sale" or "for lease," followed by "by broker" or "by owner," followed by a telephone number and no other identifying words, symbols, logos or characters.

SIGN, SECURITY - A sign indicating that the parcel on which it is located contains an alarm system or is protected by a professional security service and stating only the foregoing and the name and telephone number of the provider of the system or service.

SCHOOL -- A nursery school, kindergarten school or a school having a comprehensive curriculum of study comparable to that of a public school.

SOIL --Any unconsolidated mineral and organic material of any origin.

SOIL EROSION AND SEDIMENT CONTROL PLAN -- A scheme that minimizes soil erosion and sedimentation in compliance with these Regulations.

STATE -- The State of Connecticut.

STOOP - A landing and/or steps to a door of a building without a roof of any kind.

STORY -- That part of the building between any floor and the floor above or, in its absence, the ceiling or roof above; except that if a floor above a cellar, slab or crawlspace is elevated two- and-a-half (2.5) feet or more above the curb level (business zone per Article 4) or the average level of the ground along the front wall of the building (any other zone district), then such cellar, slab or crawlspace shall be deemed to constitute one story. See Attic", "Basement," and "Cellar".

STORY, FULL - Any story, including any basement, except that the following shall not be considered a full story:

a half-story, or

an attic provided that no area of the attic has a height of seven feet six inches (7'-6") or greater between the top of the floor joists and the bottom of the rafters, or

a cellar provided that the finished first-floor elevation of the building is less than two-and-a-half (2.5) feet above the curb level (business zone per Article 4) or the average level of the ground along the front wall of the building (any other zone district).

STORY, HALF - Any story that is an attic in which the area with a height of seven feet six inches (7'-6") or greater between the top of the floor joists and the bottom of the rafters:

of the main roof is fifty percent (50%) or less of the attic floor area, and

of the main roof and any dormers is sixty percent (60%) or less of the attic floor area.

**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

STREET -- A public roadway or private roadway, laid out and maintained in accordance with the laws of the State of Connecticut and the ordinances of the Town of New Canaan, used or designed to be used for travel of vehicles and including the right-of-way and the traveled way.

STREET LINE -- The lot line between the street right-of-way and the abutting lot or parcel.

STRUCTURE -- Anything constructed or erected, the use of which requires location on, in or under the ground or attachment to something having location on, in or under the ground including, but not limited to, buildings, swimming pools, tennis and other game courts, towers, paddle or platform tennis courts, docks, balconies, open entries, porches, decks, handicap ramps, signs, a gas or liquid storage tank that is principally above ground, transformer or signal box that is above ground, ground-mounted antennas, ground-mounted solar panels and satellite dishes and fences or walls more than six (6) feet in height, including retaining walls and deer fences.

SUBSECTION - A separate part of a Section within these Zoning Regulations. See "Section".

SWIMMING POOL -Any structure capable of containing water and intended for swimming, bathing or recreational use, provided that the same has a potential water depth of at least twenty- four (24) inches at any point or at least one hundred (100) square feet of water surface area.

TAG SALE -- The public sale of personal household goods by the owner of the premises and specifically excluding the sale of any goods brought to the premises for the purpose of public sale (includes "garage sale," "barn sale," "yard sale" and other similar activities).

TENNIS AND OTHER GAME COURTS -- A specially prepared level playing surface for tennis, basketball, paddle ball, platform tennis, racquetball or similar games which may include a full or partial enclosure or fence protecting the playing area. Any such court is considered a structure in these Regulations

TERRACE -- An improved or graded area located on the ground with no structural supports other than subsurface base material and retaining walls. A terrace or patio located at grade or ground level shall not be deemed a structure.

TOTAL BUILDING HEIGHT -- See "Height, Total Building".

TOWN --The Town of New Canaan.

TRAILER - A vehicle on wheels, designed to be towed or propelled on public roadways by another vehicle which is self-propelled, and which may or may not be equipped to afford sleeping and cooking accommodations for its passengers or to afford traveling accommodations or for the transportation of goods, wares or merchandise.

UNIVERSITY OR COLLEGE -- An institution offering a program of higher learning leading to the award of an academic, professional or graduate degree and accredited and licensed as a college or university by the Commission for Higher Education of the State of Connecticut.

UPLIGHTING -- Any light source that distributes illumination above a 90-degree horizontal plane.

USE -- The specific purpose for which a building, structure or land is designed, arranged, intended or for which it is or may be occupied or maintained.

USE, ACCESSORY - A use which is customarily incidental and subordinate to the principal use of a lot or a building and located on the same lot therewith.

USE, COMMERCIAL --Activity carried out for monetary gain.

USE, PERMITTED -- A use allowed by these Regulations, but specifically excluding any nonconforming use.

USE, PRINCIPAL -- The primary or predominant use of any lot or building.

VEHICLE -Any motor vehicle as defined by the General Statutes, as amended.

VEHICLE, COMMERCIAL -- Any motor vehicle with commercial license plates or with lettering, markings, racks or other apparent accessories indicating that it is intended for use other than personal and/or recreational transportation.

VEHICLE, RECREATIONAL - Any vehicle designed or intended primarily for use in recreational activities, including boats, boat trailers, campers, camp trailers, horse trailers, horse vans, house trailers, motor homes, snowmobiles and utility trailers.

WATERCOURSE - Any river, stream, brook, waterway, lake, pond, marsh, swamp, bog or any other body of water, natural or artificial, vernal or intermittent, public or private which lies wholly or partially within the Town.

WETLAND -- Any land area, including submerged land, which consists of any soil types generally designated as "poorly drained," "very poorly drained," "alluvial" and "floodplain" by the National Cooperative Soils Survey, of the Soil Conservation Service of the United States Department of Agriculture.

YARD - An area on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line or line of any easement for any traveled way. See "Yard Setback":

YARD, FRONT - A yard extending across the full width of the lot and situated between the principal building and the street line of the lot.

YARD, REAR -- A yard extending across the full width of the lot and situated between the principal building and the rear line of the lot.

YARD, SIDE - A yard extending from the front yard to the rear yard between the principal building and the side line of the lot.

**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

YARD, REQUIRED -- See "Yard Setback".

YARD SETBACK - The minimum required distance from any street line, lot line, or edge of an accessway (in the case of a parcel encumbered by an accessway) to a building, structure or use. See "Yard".

**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

ZONE UNIT -- An area of land having the minimum width and area required by the schedule for a conforming use in any zone.

ZONING INSPECTOR - As provided in CGS 8-12 as may be amended, the person or persons designated by the Commission to interpret and enforce the Regulations.

ACT means the Inland Wetlands and Watercourses Act, Section 22a-36 through 22a-45 inclusive, of the Connecticut General Statutes, as amended.

AGENCY OR "INLAND WETLANDS AGENCY" means the Environmental Commission which administers the Inland Wetlands and Watercourses Regulations of the Town of New Canaan.

AGENT with respect to the Agency, means a professional staff member of the Agency and, with respect to the applicant means any person authorized in writing to act in the applicant's behalf.

APPLICANT means any "person" who has submitted an application to the Commission for a license to conduct regulated activities pursuant to these regulations.

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 titled "Inland Wetland Plants of Connecticut" (W. Niering & R. Goodwin, 1973) on file in the office of the Commission. The bogs are distinguished by evergreen trees and shrubs underlain by peat deposits, poor drainage, and highly acidic conditions.

CLEAR CUTTING means the harvest or removal of timber in a fashion which removes substantially all trees two inches or greater in diameter three feet above grade in the area in question.

COMMISSION means the Environmental Commission of the Town of New Canaan.

COMMISSIONER OF ENVIRONMENTAL PROTECTION means the commissioner of the State of Connecticut Department of Environmental Protection.

CONTINUAL FLOW means a flow of water which persists for an extended period of time. This flow may be interrupted during periods of drought or during low flow periods of the annual hydrological cycle, June through September, but it recurs in prolonged succession.

DAYS means consecutive calendar days, unless otherwise defined.

DEPOSIT includes, but shall not be limited to, fill, grade, dump, place, discharge, or emit.

DISCHARGE means the emission of any water, substance or materials into waters of the Town, whether or not such substance causes pollution.

DISTURBED AREA means a land area wherein the ground cover is removed or destroyed leaving the land subject to accelerated erosion.

DISTURBING THE NATURAL AND INDIGENOUS CHARACTER OF THE LAND means an activity that will significantly disturb the inland wetland or watercourse by reason of removal or deposition of material, or will cause the alteration or obstruction of water flow, or will result in the pollution of the inland wetland or watercourse.

EROSION means the process of wearing away and removal of the earth's surface by natural agents including weather, running water, waves currents, ice or wind.

FARMING means the commercial use of land for the growing of crops, raising of livestock or other agricultural use.

FEASIBLE means able to be constructed or implemented consistent with sound engineering principles.

FLOODPLAIN means the area bordering a watercourse or wetland subject to flooding. The 100 year floodplain and special hazard areas have been determined for certain watercourses in the Flood Insurance Study, Town of New Canaan, Connecticut, prepared by the Federal Emergency Management Agency (FEMA) and are shown on the official flood insurance rate maps (FIRM) and flood hazard boundary maps of New Canaan as amended.

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 incident, and c) The presence of hydrophytic vegetation.

LANDSCAPING means the alteration of land (by grading, clearing, planting or other means) for the purpose of improving its residential (groomed) appearance. "Landscaped" areas do not include naturally vegetated areas.

LICENSE means the whole or any part of any permit, certificate of approval or similar form of permission which may be required of any person by these regulations.

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.

MARSH means an area normally covered with shallow water, subject to seasonal variations, that contains an association of herbaceous, soft stemmed plants recognized as marsh vegetation. Typical examples of marsh species are listed in the booklet titled "Inland Wetland Plants of Connecticut" (W. Niering & R. Goodwin, 1973) on file in the office of the Commission. The water table in marshes is at or above the ground surface throughout the year and areas of open water six inches or more in depth are common, but seasonal water table fluctuations are encountered.

MATERIAL means any substance, solid or liquid, organic or inorganic" including, but not limited to soil, sediment, aggregate, earth, sand gravel, clay, bog, mud, debris, refuse or waste.

NURSERIES means land used for propagating trees, shrubs or other plants for transplanting, sale, or for use as stock for grafting.

PERMIT means the whole or any part of any license, certificate or approval or similar form of permission which may be required of any person by the provisions of these regulations and the Act or other municipal, state, and federal law.

PERSON means any person, firm, partnership, association, corporation, company, organization, or legal entity of any king, including municipal corporations, government agencies, or subdivisions thereof

POLLUTION means any harmful thermal effect or the contamination or rendering, unclean or impure of any waters of the Town by reason of any waste or other materials discharged or deposited therein by any public or private sewer or otherwise so as to directly or indirectly come in contact with any wetlands or watercourse. This includes, but is not limited to, erosion and sedimentation resulting from any filling, land clearing or excavation activity.

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 provided a mere showing of expense will not necessarily mean an alternative is imprudent.

REGULATED ACTIVITY means any operation or activity or use involving removal or deposition of material within a wetland or watercourse, or any construction, obstruction, alteration or pollution of a wetland or watercourse, or any such activity including clear cutting of natural vegetation or earth moving proposed and located in nearby or adjacent area(s) as may affect a wetland or watercourse, but shall not include the specified activities in Section 5 of these regulations. (See Setbacks - Section 7.4).

REGULATED AREA means any wetland or watercourse and adjacent or nearby areas as specified in Sections 7.3 and 7.4 of these regulations.

REGULATIONS means the Inland Wetlands and Watercourses Regulations of the Town of New Canaan, as from time to time amended.

REMOVE includes, but not limited to, drain, excavate, mine, dig, dredge, suck, bulldoze, dragline or blast.

RENDERING UNCLEAN OR IMPURE means any alteration of the physical, chemical or biological properties of any of the waters of the Town of New Canaan, including but not limited to change in composition, color, odor, turbidity, temperature or taste.

SETBACK is that area adjoining wetlands and watercourses that may be necessary to provide protection from the adverse impacts of various land uses. Guidelines for minimum setbacks without special analysis are specified in Section 7.4.

SIGNIFICANT ACTIVITY OR MAJOR EFFECT means any activity, including, but not limited to, the following activities which may have a major effect or significant impact on the area for which an application has been filed or on another part of the inland wetland or watercourse system:

a) Any activity involving a deposition or removal of material which will or may have a major effect or significant impact on the regulated area or on another part of the inland wetland or watercourses system;

b) Any activity which substantially changes the natural channel or may inhibit the natural dynamics of a watercourse system; or causes a substantial diminution of flow of a natural watercourse or ground water levels of the regulated area; or

c) Any activity which pollutes or substantially diminishes the natural flow capacity of an inland wetland or watercourse to support desirable fisheries, wildlife, or other biological life; or to prevent flooding, supply water, assimilate waste, facilitate drainage, provide recreation or open space; or

d) Any activity which causes substantial turbidity, siltation or sedimentation in a wetland or watercourse; or

e) Any activity which causes a substantial diminution of flow of a natural watercourse or groundwater levels of the regulated area; or

f) Any activity which causes or has the potential to cause pollution of a wetland or watercourse; or

Any activity which destroys unique wetland or watercourse areas having demonstrable scientific or educational value.

SOIL SCIENTIST means an individual duly qualified in accordance with standards set by the Federal Office of Personnel Management.

SWAMP means an area with a water table at or near the surface of the ground and containing vegetation dominated by an association of trees and/or shrubs recognized as swamp species.

TOWN means the Town of New Canaan, Connecticut.

VERNAL means appearing on or occurring in the spring.

WASTE means any sewage or any substance, liquid, gaseous, solid or radioactive, not occurring naturally, which may pollute or tend to pollute any wetlands or watercourses of the Town.

WATERCOURSES means rivers, streams, brooks, waterways, lakes, ponds, marshes, swamps, bogs and other bodies of water, natural or artificial, vernal or intermittent, public or private, which are contained within, flow through or abut upon the Town line or any portion thereof, not regulated pursuant to Sections 22a-28 through 22a-35 of the Connecticut General Statues, as amended. Definition of "Intermittent Watercourses" will be found above.

WETLANDS means land, including submerged land, not regulated pursuant to Sections 22a-28 through 22a-35 of the Connecticut General Statutes, as amended, which consists of any soil types designated as poorly drained, very poorly drained, alluvial and flood plain by the National Cooperative Soils Survey of the United States Department of Agriculture Soil Conservation Service, as may be amended from time to time and which are generally shown, for information purposes only, on an area boundary map on file in the office of the Commission. In each instance, however, the actual character of the soil type or types, tested in the field, shall determine whether the land in question is subject to regulation.