ACCESSORY USE, BUILDING OR STRUCTURE . A subordinate use, building or structure customarily incidental to, and located on the same lot occupied by the main use, building or structure. The term ACCESSORY BUILDING may include a private garage, garden shed, a private playhouse, and a private greenhouse.

ADULT BOOKSTORE OR VIDEO STORE . An establishment having 25% or more of its floor area used for the display of books, films, video cassettes, or magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or Specified Anatomical Areas" as defined herein, and in conjunction therewith has facilities for the presentation of adult material or adult entertainment, as defined herein, and including adult-oriented films, movies or live entertainment, for observation by patrons therein. [Approved 3-13-98, Item #23533-6]

ADULT CABARET . An establishment such as but not limited to a nightclub, bar, restaurant, or similar establishment, whether or not alcoholic beverages are served, that regularly features live performances that are characterized by the exposure of "Specified Anatomical Areas" or by "Specified Sexual Activities", as defined herein, or films, motion pictures, video cassettes, slides or other photographic reproductions in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by any emphasis upon the depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas", as defined herein, for observation by patrons therein. [Approved 3-13-98, Item #23533-6]

ADULT ENTERTAINMENT . Adult Entertainment shall mean and include any exhibition of any adult-oriented motion pictures, live performance, display or dance of any type which has as a significant or substantial portion of such performance any actual or simulated performance of "specified sexual activities" or exhibition and viewing of "specified anatomical areas", removal of articles of clothing or appearing unclothed, pantomime, modeling, or any other personal services offered customers. It also includes any amusement machine that is regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", as defined herein, for observation by patrons therein. [Approved 3-13-98, Item #23533-6]

ADULT MATERIAL . Shall include but is not limited to accessories, books, films, video cassettes, or live entertainment, for observation by patrons therein, or magazines and other periodicals or any combination thereof which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas" as defined herein. [Approved 3-13-98, Item #23533-6]

ADULT MINI-MOTION PICTURE THEATER . An enclosed building with a capacity for less than fifty (50) persons regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas", as defined herein, for observation by patrons therein. [Approved 3-13-98, Item #23533-6]

ADULT MOTION PICTURE THEATER . An enclosed building with a capacity for more than fifty (50) persons regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas", as defined herein, for observation by patrons therein. [Approved 3-13-98, Item #23533-6]

ADULT ORIENTED ESTABLISHMENT . Shall include, without limitation, "adult bookstores or video stores", "adult motion picture theaters", "adult mini-motion picture theaters" and further means any premises to which the public, patrons or members are invited or admitted and which are so physically arranged as to provide booths, cubicles, rooms, studios, compartments, or stalls separate from the common areas of the premises for the purpose of viewing adult-oriented motion pictures, adult cabaret, or wherein an entertainer provides adult entertainment to a member of the public, a patron or a member, when such adult entertainment is held, conducted, operated or maintained for a profit; direct or indirect. An "adult oriented establishment" further includes, without limitation, any "adult entertainment studio" or any premises that are physically arranged and used as such, whether advertised or represented as an adult entertainment studio, rap studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio or any other term or like import. [Approved 3-13-98, Item #23533-6]

SPECIFIED ANATOMICAL AREAS shall mean:

       A. Less than completely and opaquely covered: a) human genitals, pubic region; b) Buttock(s), anus; c) female breast(s) below a point immediately above the top of the areola; and

       B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. [Approved 3-13-98, Item #23533-6]

SPECIFIED SEXUAL ACTIVITIES shall mean simulated or actual:

       A. Showing of human genitals in a state of sexual stimulation or arousal;

       B. Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio or cunnilingus;

       C. Fondling or erotic touching of human genitals, pubic region, buttock(s), anus or female breast(s);

       D. Lap Dancing;

       E. Excretory functions as part of or in connection with any of the activities set forth in subsections (A) through (D).

       As used in these regulations, the term "Specified Sexual Activities" is not intended to include any medical publications or films or bona fide educational publication or films, nor does it include any art or photography publications which devote at least twenty five percent (25%) of the lineage of each issue to articles and advertisements dealing with subjects of art or photography. Nor does this definition apply to any news periodical which reports or describes current events and which, from time to time, publishes photographs of nude or semi-nude persons in connection with the dissemination of the news. Nor does this definition apply to publications or films which describe and report different cultures and which from time to time publish or show photography or depiction of nude or semi-nude persons when describing cultures in which nudity or semi-nudity is indigenous to the population. [Approved 3-13-98, Item #23533-6]

ALTERATION . As applied to a building or structure a change or rearrangement in the structural parts or in the exit facilities; or an enlargement, whether by extending on a side or by increasing in height; or moving from one location or position to another; the term "alter" in its various modes and tenses and its participial form, refers to the making of an ALTERATION.

APARTMENT . A room or suite of rooms in a multifamily house occupied or designed to be occupied as the home or residence of one family.

BASEMENT . A story of a building partly but not more than one-half below the level of the GRADE.

BED AND BREAKFAST ACCOMMODATIONS . An establishment consisting of a single dwelling unit occupied by a resident manager and family and offering transient lodging to the general public with a maximum of 5 guest rooms, with the serving of meals limited to breakfast for guests. [Approved 7-16-01, Item #26484-2]

BOARD . The Zoning Board of Appeals of the City of New Britain. Connecticut, unless otherwise stipulated or indicated by reference.

BUILDING . A combination of materials to form a construction that is safe and stable, and adapted to permanent or continuous occupancy for public, institutional, residence, business or storage purposes; the term "building" shall be construed as if followed by the words "or part thereof".

BUILDING, AREA OF . The horizontal area measured around the outside of the foundation walls and of the floors of roofed porches and roofed terraces inclusive, and including the area of accessory buildings if any.

       30-20-80 DELETED [Approved 1-13-03, Item #27215].

CELLAR . A story of a building more than one-half below the level of the GRADE.

COURT . An open, unoccupied space, other than a yard, on the same lot with a building. An offset to a court shall be deemed a separate inner court for the purpose of determining its least dimension, its area, and the least dimension and area of the court to which it is contiguous.

COURT, DEPTH OF . The maximum horizontal dimension at right angles to the width.

COURT, HEIGHT OF . The greatest vertical distance measured from the lowest level of such court up to the roof of the building.

COURT, INNER . Any court which is not an outer court.

COURT, OUTER . A court extending to a street, front yard, or rear yard.

COURT, WIDTH OF . The horizontal dimension parallel to the principal open side in the case of an OUTER COURT; and the least horizontal dimension in the case of an INNER COURT.

CUSTOM WORK, SHOP FOR . A business premises used for the making of clothing, millinery, shoes or other personal articles to individual order and measure, for sale at retail on the premises only, not including the manufacture of "ready-to-wear" or standardized products.

DAY CAMP . A building or structure, together with its lot and its accessory uses, buildings and structures, used as an organized recreational facility for five (5) or more enrolled children other than the children of the resident family, but not provided with customary commercial public recreation features such as Ferris wheels and roller coasters, and not furnishing sleeping quarters except for the resident family.

DENSITY . (dwelling units per acre) shall be calculated by dividing the gross project area by the allowable square feet of lot area per dwelling unit. [Approved 2-22-85, Item #16617-1]

DUMP . A lot or land or part thereof used primarily for disposal by abandonment, dumping, burial, burning or any other means and for whatever purpose, of garbage, offal, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.

DWELLING . A building occupied exclusively for residence purposes and having not more than two families living independently of each other and doing their cooking upon the premises.

DWELLING UNIT . One or more rooms with provision for cooking, living, sanitary, and sleeping facilities arranged for the use of one family.

DWELLING, SINGLE FAMILY, DETACHED . A residential building containing not more than one (1) dwelling unit entirely surrounded by open space on the same lot, and with the land and building owned by the same person or entity, except that, in certain zoning districts as hereinafter specified, more than one single family detached dwelling may be allowed per lot, as part of a residential condominium or common interest ownership community, as provided for in state statutes. [Approved 11-22-93, Item #21265-2; Approved 2-23-06, Item #28900-2]

EASEMENTS . A right to use or limit the use of land in specific ways without acquiring fee simple title to land. More common types of easements are drainage, utility, conservation, slope, scenic, and sewer and water lines. Terms of easements may vary and shall be set forth by legal documents. [Approved 2-22-85, Item #16617-1]

FAMILY . The term family shall mean one or more persons, all related by blood, adoption, or marriage, occupying a single dwelling unit, provided that domestic servants employed only on the premises, may be housed on the premises and included as part of the family.

       A.group of not more than three (3) unrelated persons living and cooking as one house keeping unit may be considered a family.

       Further provided that an unrelated group shall have a permit from the Building Inspector. Such permit shall have the names of the persons constituting the family and shall not be granted unless the dwelling unit has a certificate of occupancy and is in compliance with the Building and Zoning Ordinances.

       The permit shall be renewable yearly or when there is a change in the unrelated group.

       The term family shall not include a rooming house, club, fraternity, sorority or institutional and dormitory. [Approved 1-25-78, Item #12789-1; Approved 10-20-91, Item #19951-1]

FLOOR AREA OF A BUILDING . The sum of the gross horizontal areas of the several floors and mezzanine floors of a building and its accessory buildings on the same lot, excluding cellar and basement floor areas, but including the area of roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.

NET FLOOR AREA OF A BUILDING . The sum of the gross horizontal areas of the several floors and mezzanine floors of a building and its accessory buildings on the same lot excluding boiler and mechanical equipment rooms and storage rooms. All dimensions shall be measured between interior faces of the walls.

FLOOR AREA RATIO OF A BUILDING . The figure obtained by dividing the FLOOR AREA OF A BUILDING by its LOT AREA.

GARAGE, PRIVATE . An accessory garage maintained primarily for the convenience of the occupant or occupants of the main building, and in which no business is carried on and no service is rendered to the general public.

GARAGE, PUBLIC PARKING . A garage available to the general public on payment of rent or charges in money and/or other consideration, in which no gasoline station or repair service is maintained.

GARDEN APARTMENT . One or an integrated group of townhouses or multifamily houses providing dwelling units for at least 3 families per building. [Approved 2-2285, Item #16617-1, Approved 4-29-88, Item #18249-1; Approved 10-26-88, Item #18505-1]

GASOLINE STATION . A building or lot or part thereof supplying and selling gasoline or other equivalent fuel for motor vehicles at retail direct from pumps and storage tanks. A GASOLINE STATION may include accessory facilities for rendering services such as lubrication, washing, and minor repairs with hand tools.

GRADE . The elevation from which the height of a building or structure is measured. Where no front yard is provided, the GRADE shall be the mean curb level in front of the building as defined in the Building Code of the City of New Britain. Where a front yard is provided, the GRADE shall be the average of the finished level of the ground at all corners of the building or structure.

HABITABLE ROOM . A room occupied by one or more persons for living, eating or sleeping; and includes kitchens serving apartments of individual households, but does not include bathrooms, water closet compartments, laundries, serving and storage pantries, corridors and spaces that are not used frequently or during extended periods.

HEALTH, FITNESS AND RECREATIONAL FACILITY . A freestanding building, on a site of not less than 86,000 square feet, offering, within the building, one or more of the following facilities for the development and maintenance of health, well-being and fitness: (a) swimming pool; (b) tennis, racquetball or squash courts; (c) gym; (d) exercise rooms and equipment; (e) classrooms; (f) physical therapy facilities; (g) showers, lockers and dressing rooms. [Approved 2-21-86, Item #17122-2]

HEIGHT . As applied to a building, means the vertical distance from GRADE to highest finished roof surface in the case of flat roofs, or to a point at the average height of roofs having a pitch of more than one foot in four and one-half feet.

HOME OCCUPATION . A customary personal service occupation such as dressmaking, millinery, and home cooking; provided that such occupation shall be conducted solely by members of the resident family and in the main building only, that not more than the equivalent of one-half of the area of one floor shall be used for such purposes, that there shall be no display of advertising other than an announcement sign, and no display of products, that no stock-in-trade shall be kept, and that no mechanical or electrical equipment is used except customary household equipment. Beauty parlors, barber shops, and hairdressing and manicuring establishments shall not be deemed to be HOME OCCUPATIONS.

HOME PROFESSIONAL OFFICE . The office or studio of a resident doctor, dentist, lawyer, architect, artist, engineer, city planner, real estate broker or salesman, insurance broker or agent, or teacher as herein restricted; provided that not more than one person is employed who is not a member of the family, and that such office shall be in the main building and shall not occupy more than the equivalent of two-thirds of the area of one floor of said building. For the purposes of this paragraph, a "teacher" shall be restricted to a person giving individual instruction in academic or scientific subjects to a single pupil at a time. A HOME PROFESSIONAL OFFICE shall not include the office of any person professionally engaged in the purchase or sale of economic goods. Group dancing instruction, group band instrument or group voice instruction, tea rooms, tourist homes, beauty parlors, barber shops, hairdressing and manicuring establishments, convalescent homes, mortuary establishments, and stores, trades or businesses of any kind not herein excepted shall not be deemed to be HOME PROFESSIONAL OFFICES. The home professional office of a doctor shall not include a biological or other medical testing laboratory, except in connection with his practice.

HOSPITAL . A building with beds for patients, used for the diagnosis, treatment or other care of human ailments.

HOTEL . A building, or portion thereof, containing rooms occupied primarily by transients who are lodged with or without meals, and in which are provided such services as are incidental to the use thereof as a temporary residence.

HOTEL APARTMENT . A building or portion thereof containing one (1) or more room apartment suites with provisions for living, sanitary and sleeping facilities, and with or without cooking facilities in each suite, said suites to be occupied primarily by transient and/or semi-transient persons.

HOUSE TRAILER . A movable single family dwelling equipped with a vehicular chassis but lacking one or more of the following mechanical systems and equipment: plumbing, heating, electrical, cooking and refrigeration. See MOBILE HOME.

INDUSTRY, NON-NUISANCE . Any industry which is not detrimental to the environment in which it is located by reason of the emission of smoke, noise, odor, dust, vibration or excessive light, beyond the limits of its lot, or by reason of generating excessive traffic with attendant hazards, and which does not include any outdoor processing of materials, or open accessory storage yard unless enclosed by a solid wall or fence not less than six (6) feet in height.

JUNK YARD, LICENSED . A lot, land, or structure, or part thereof licensed by the municipality, and used primarily for the collecting, storage and sale of waste paper, rags, scrap metal or other scrap or discarded material; or for the collecting, dismantling, storage or salvaging of machinery or vehicles not in running condition, and for the sale of parts thereof.

LOT . A portion or parcel of land exclusive of street areas considered as a unit devoted or intended to be devoted to a certain use, or occupied by a building or structure, or by a group of buildings or structures that are united by a common interest or use, and the customary accessories and open spaces belonging to the same.

LOT AREA . The total horizontal areas included within LOT LINES.

LOT CORNER . A lot at the junction of and fronting on two or more intersecting streets.

LOT COVERAGE . The percentage of the LOT AREA that is occupied by the AREA OF BUILDING.

LOT, INTERIOR . Any lot other than a corner lot.

LOT LINE . Any boundary of a lot. Any lot line not a rear lot line nor a front lot line shall be deemed a side lot line. Side lot lines for their entire length shall be at right angles or radial to street lines or nearly radial as possible to provide reasonable equitable lot area.

       Each side lot line shall contain one bearing and/or dimension only. [Approved 2-19-86, Item #17123-1]

LOT LINE, FRONT . The street line at the front of a lot. On a corner lot, the owner may specify the front lot line on the plot plan.

LOT LINE, REAR . The lot line generally opposite to the front lot line. 30-20-460 LOT, THROUGH. A lot extending from one street to another.

LOT WIDTH . The dimension measured from side lot line to side lot line, along a line parallel to the street line at the required minimum front yard depth.

MAIN USE, BUILDING, OR STRUCTURE . The principle or most important use, building, or structure on a lot.

MASSAGE . The word massage means any method of pressure on, or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external soft parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance with or without any such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, salts, or other similar preparations commonly used in this practice. [Approved 1-19-79, Item #13217-3]

MASSAGE ESTABLISHMENT . The term massage establishment means any establishment having a fixed business where any person, association, partnership, or corporation engages in or carries on, or permits to be engaged in or carried on, any of the activities pertaining to massage as defined in the Ordinance authorizing the licensing of massage establishments and massagists. [Approved 1-19-79, Item #13217-3]

MEMBERSHIP CLUB . A building, structure, lot or land area used as a private club or social organization not conducted for profit or gain.

MOBILE HOME . A movable single family dwelling equipped with a vehicular chassis and provided with all of the following mechanical systems and equipment: plumbing, heating, electrical, cooking, and refrigeration. See HOUSE TRAILER.

MOTEL . A building, or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units with direct outside access and related office, and with or without restaurant facilities, designed primarily for transient automobile travelers, and provided with accessory off-street parking facilities. The term MOTEL includes buildings designed as tourist courts, motor lodges, auto courts, and other similar appellations, but shall not be construed to include house trailers or mobile homes.

MULTIFAMILY HOUSE . A building (or portion thereof) containing three or more dwelling units. [Approved 4-29-88, Item#18249-1; Approved 10-26-88, Item #18505-1]]

NONCONFORMING BUILDING OR STRUCTURE . A building or structure lawfully existing at the effective date of this ordinance or any amendment thereto affecting such building or structure, which does not conform to the Dimensional Regulations of this ordinance for the District in which it is situated, irrespective of the use to which such building or structure is put.

NONCONFORMING USE . Any use of a building, structure, or lot or part thereof, lawfully existing at the effective date of this ordinance or any amendment thereto affecting such use, which does not conform to the Use Regulations of this ordinance for the District in which it is situated.

NURSERY SCHOOL . A school for five (5) or more enrolled children of less than kindergarten age, other than the children of the resident family, and not furnishing sleeping quarters except for the resident family.

OPEN SPACE . A portion or portions of the lot area or permitted substitute which is set aside for the benefit of the residents of the property. This definition contemplates, but is not limited to, such amenities as: suitably prepared recreational areas or facilities; unimproved areas which, by preservation, provide the amenity of a significant natural feature worthy of preservation; improved park-like areas or other uses that are consistent with the type of development and the goal of contributing to the general welfare and enjoyment of the residents (See Open Space Regulations in Section 230-130).

PARKING AREA . A lot or part thereof used for the parking of operable registered motor vehicles, with or without the payment of rent or charges in money and/or other consideration.

PARKING SPACE . A stall or berth which is arranged and intended for parking of one motor vehicle in a garage or parking area.

PLANNING, DIRECTOR OF . The planning director of the City Plan Commission of the City of New Britain, Connecticut

PROFESSIONAL OFFICE . The office or studio of a doctor, dentist, lawyer, architect, engineer, auditor, real estate broker, insurance broker, teacher, or other similar uses where only services are provided.

       A.professional office shall not include the office of any person engaged in the purchase or sale or economic goods. [Approved 2-21-86, Item #17164-1]

PUBLIC OR SEMI-PUBLIC BUILDING . A building or structure used by the general public for civic, governmental, social or recreational purposes, without service yards or outdoor storage areas, and owned or operated by a governmental or non-profit organization or institution.

PUBLIC UTILITY FACILITY . Electric substation, transmitting, switching, distribution or relay station, telephone exchange, water and sewage pumping stations; other similar or related uses.

REAR DWELLING . A dwelling located on the same lot and to the rear of the main building for which the lot is used.

REPAIR GARAGE . A building or lot or part thereof, devoted primarily to repairs, servicing, washing or reconditioning of motor vehicles.

RESEARCH LABORATORY . A building for experimentation in pure or applied research design, development, and production of prototype machines or devices or of new products, and uses accessory thereto: wherein products are not manufactured primarily for wholesale or retail sale, wherein commercial servicing or repair of commercial products is not performed, and where there is no display of any materials or products. A RESEARCH LABORATORY shall meet the standards of NON-NUISANCE INDUSTRY.

RESIDENTIAL CONDOMINIUM OR COMMON INTEREST OWNERSHIP COMMUNITY . An integrated group of townhouses, single family detached dwellings and/or multifamily houses, situated on a single lot, with land ownership rights as provided for in Connecticut General Statutes Sections 47-67, et seq., or Connecticut General Statutes Sections 47-200, et seq. [Approved 2-23-06, Item #28900 -2]

ROOMING HOUSE . A private dwelling in which at least three (3) but not more than five (5) rooms are offered for rent, payable in money and or other consideration, whether or not table board is furnished to roomers, and in which a transients are accommodated and no public restaurant is maintained.

SAND OR GRAVEL PIT . A lot or land, or part thereof, used for the purpose of extracting sand, gravel, soil or sod for sale, as a commercial operation and exclusive of the process of legitimate excavation of a lot preparatory to the construction of a building.

SIGN . Any kind of billboard, sign board, pennant, or other shape or device or display, used as an advertisement, announcement, or direction, including any text, symbol, lights, marks, letters, or figures painted thereon or painted on or incorporated in the composition of an exterior surface of a building or structure.

SIGN, ADVERTISING . A temporary or permanent sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the property and only incidentally upon the property if at all.

SIGN, ANNOUNCEMENT OR PROFESSION . Name plate or sign designating permitted accessory use, such as doctor's office, home occupation, or similar use.

SIGN, BUSINESS, OR IDENTIFICATION . Sign directing attention to a business, commodity service or other activity conducted on the premises upon which the sign is located.

SIGN, DIRECTIONAL . A sign on the premises which is incidental to the use which identifies entrance, and exits, parking areas, traffic flow, and hazards.

SIGN, REAL ESTATE . Sign advertising exclusively the sale, lease, rental or development of the premises upon which it stands or directing attention to the opening and location of a new subdivision or neighborhood.

SIGN, TEMPORARY . A sign used for a limited period of time, which directs attention to a special activity or entertainment, or one which indicates the location of a real estate subdivision.

SPECIAL EXCEPTION USE . A use in one or more Districts specifically set forth and listed in the Zoning Ordinances, as amended, as special exception uses, which the Zoning Board of Appeals may grant, pursuant to the provisions of Section 270-40.

STORY . That portion of a building included between the surface of any floor and the floor or ceiling above it. If the finished floor level directly above a basement is more than 6 feet above grade, such basement shall be considered a story. [Approved 10-26-88, Item #18505-1]

STREET . Any public thoroughfare (street, avenue, boulevard, park or space which has been dedicated or deeded to the public for public use.

STREET LINE . The dividing line between a lot and a street.

STRUCTURE . A combination of materials to form a construction that is safe and stable; including among others, stadiums, gospel and circus tents, reviewing stands, platforms, stagings, observation towers, radio towers, water tanks and towers, trestles, piers, wharves, sheds, coal bins, fences, and display signs; the term STRUCTURE shall be construed as if followed by the words "or part thereof".

SWIMMING POOL . A receptacle for water, whether of permanent construction or portable, or an artificial pool of water, having a depth at any point of more than 24 inches, designed or intended for bathing or swimming by human beings and including all appurtenant equipment.

SWIMMING POOL PRIVATE . A swimming pool accessory to a dwelling, multifamily house, hotel, motel, day camp or nursery school, and not operated as a separate business.

TOWNHOUSE . A dwelling attached to at least two other dwelling units and separated from them by one or two party walls extending from the ground to the roof. [Approved 10-26-88, Item #18505-1]

VARIANCE . A modification of the regulations of this ordinance granted on grounds of practical difficulties or unnecessary hardship, not self-imposed pursuant to the provisions of Section 270-50.

VEHICLE, COMMERCIAL . A vehicle used for business or industrial purposes. In determining such uses, the following factors shall be considered: registration as a commercial vehicle, having signage that indicates a non-residential uses, markings, racks or other apparent accessories indicating the vehicle is intended for use other than personal and/or recreational transportation. [Approved 1/24/95, Item #21923-1]

YARD, FRONT . An open unoccupied space on the same lot with a building situated between the nearest roofed portion of the building and the front lot line of the lot and extending from side lot line to side lot line.

YARD, REAR . A space on the same lot with a building situated between the nearest roofed portion of the building and the rear lot line of the lot, and extending from side lot line to side lot line.

YARD, SIDE . An open unoccupied space on the same lot with a building situated between the nearest roofed portion of the building or of any accessory building and the side lot line of the lot, and extending through from the front yard or from the front lot line where no front yard exists, to the rear yard or to the rear lot line where no rear yard exists.

YARD, TRANSITIONAL . An open unoccupied space with no structures, planted in such a manner as to effectively screen uses on the property and on adjoining properties so that they cannot be observed by a person standing on the ground level in the adjacent zones during any season of the year. A transitional yard can, where applicable, be concurrent with a required side or rear yard.

CERTIFICATION . A signed, written approval by the Commission that a soil erosion and sediment control plan complies with the applicable requirements of these Regulations.

CITY . The City of New Britain, County of Hartford, Connecticut.

COMMISSION . The City Plan Commission of the City of New Britain, Connecticut.

COUNTY SOIL AND WATER CONSERVATION DISTRICT . The Hartford County Soil and Water Conservation District established under subsection (a) of section 221-315 of the General Statutes of the State of Connecticut.

DEVELOPMENT . In connection with a soil erosion and sediment control plan any construction of grading activities to improved or unimproved real estate.

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

EROSION . The detachment and movement of soil or rock fragments by water, wind, ice or gravity.

GRADING . Any excavating, grubbing, filling (including hydraulic fill) or stock-piling of earth materials or any combination thereof, including the land in its excavated or filled condition.

INSPECTION . The periodic review of sediment and erosion control measures shown on the certified plan.

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

SOIL . Any unconsolidated mineral or organic material of any origin.

SOIL EROSION AND SEDIMENT CONTROL PLAN . A scheme that minimizes soil erosion and sedimentation resulting from development and includes, but is not limited to, a map and a narrative.

DESIRED EFFECT . The visual impressions desired for screening and landscaping.

LARGE TREES . Deciduous shade trees, such as Sugar Maple, Red Oak, or Conifers such as White Pine, Canadian Hemlocks. The required large trees shall be a minimum of 2 1/2" - 3" caliper.

FLOWERING TREES . Trees such as Dogwood, Crabapple, etc.

HEDGE . A hedge shall provide complete visual screening and consist of evergreens at least 4-ft. in height at the time of planting and it shall be maintained at a height of at least 6-ft.

SCREENING FENCE OR SCREENING WALL . These are devices for complete visual screening. They shall be at least 6-ft. in height and 3/4 solid.

PARTIAL VISUAL SCREENING . A type of screening through which the screened object is partially visible.

COMPLETE VISUAL SCREENING . A type of screening which affords a year-round effect and through which the screened object is obscured.

LANDSCAPING . The term landscaped or landscaping shall mean that an area to be at least covered with grass, or ground cover. Any additional planting is either specifically required by the ordinance or left to the discretion of the property owner (Developer, Association, etc.).

COMMISSION shall mean the City Plan Commission of the City of New Britain, Connecticut.

DEPARTMENT shall refer to the Department of Planning, City of New Britain.

PLANNING DIRECTOR shall refer to the Director if Planning of the City of New Britain, Connecticut or his representative.

CITY ENGINEER shall refer to the City Engineer within the Bureau of Engineering of the City of New Britain or his representative.

SUBDIVISION means the division of any tract or parcel or land into three or more parts or lots for the purpose whether immediate or future, of transfer of ownership or building development, whether or not a new street must be constructed and shall include also resubdivision, and when appropriate to the context, shall relate to the process of subdividing or to the land area to be subdivided. The term shall expressly exclude development for municipal conservation or agricultural purposes.

RESUBDIVISION means a change in a map of an approved or recorded subdivision or resubdivision if such change: affects any street layout shown on such map; affects any area reserved thereon for public use; diminishes the size of any lot shown thereon, if any of the lots shown have been conveyed after the approval of recording of such map.

SUBDIVIDER shall mean the owner of record or agent at the time of filing of an application for approval of a subdivision plat, and shall include any subsequent owner of record making any subdivision of such land or of any part thereof in accordance with such plat.

STREET in general, shall relief to any vehicular travel way, exclusive of driveways which serve not more than two contiguous lots. An "approved street is any street where the location has been approved by official action of the Commission. An "accepted" street is any street which has become public by virtue of official acceptance by the Common Council. "Minor or Local street" shall mean a local residential street, carrying traffic only to and from land uses within the bounds of a subdivision or development, with access to all abutting property. A "cul-de-sac" is included in this definition of a minor street. "Secondary Street" shall mean a feeder street serving as a traffic collector and distributor between a major traffic artery at the edge of a subdivision or development and the internal system of local streets. "Major Street" shall means main artery in close proximty to the subdivision, which carries traffic, between and beyond a parkway, expressway, freeway, or,any major artery.

MASTER PLAN means a comprehensive plan for development of the city prepared and adopted by the Commission pursuant to Section 3102 of the Charter of the City of New Britain, Connecticut, and includes any part of such plan separately adopted and any amendment of such plan, or parts thereof.

ZONING ORDINANCE shall refer to the official adopted Zoning Ordinance of the City of New Britain, together with any and all amendments thereto in effect when the subdivision application is received by the Commission.

DATE OF SUBMISSION shall be the date the Department receives the subdivision application and the necessary fee.

PLAT shall mean either a map, plan, or layout showing the subdivision of land into lots.

BUILDING ORIENTATION " - The relationship of a building's longest axis to the true south compass point. Optimal building orientation for detached housing usually occurs when the building's longest axis is east to west (90 degrees from true south) with acceptable variation of 30 degrees to the north or south of due east.

PASSIVE SOLAR ENERGY SYSTEM " - Heating and cooling systems that collect and convert solar radiation to useable thermal energy by natural forces of convection radiation, and conduction. Heat storage devices may be used to regulate the heat flow. Passive solar energy systems are usually essential architectural components of a building.

PASSIVE SOLAR ENERGY TECHNIQUES " - The utilization of, but not limited to, (1) house orientation, (2) street and lot layout, (3) vegetation, (4) natural and man-made topographical features, and (5) the protection of solar access within the subdivision as tools for maximizing solar heat gain, minimizing heat loss, and providing thermal storage within a building during the heating season and minimizing heat gain and providing for natural ventilation during the cooling season. ; ;

SOLAR ACCESS " - The access to unobstructed direct sunlight required by a solar collector for its efficient operation. Solar access is usually considered adequately available if the south wall of a proposed principle building has unobstructed access to sunlight for 75% of the time between 8:34 A.M. and 3:17 P.M. local time on December 21st.

SOLAR ACCESS SETBACK ZONE " - The area that must be adequately unobstructed from structures, vegetation or topographical features so that the south wall of a building can be used as a passive solar energy system.

CERTIFICATION . A signed, written approval by the Commission that a soil erosion and sediment control plan complies with the applicable requirements of these Regulations.

CITY . The City of New Britain County of Hartford, Connecticut.

COMMISSION . The City Plan Commission of the City of New Britain, Connecticut.

COUNTY SOIL AND WATER CONSERVATION DISTRICT . The Hartford County Soil and Water Conservation District established under subsection (a) of section 221-315 of the General Statutes of the State of Connecticut.

DEVELOPMENT . In connection with a soil erosion and sediment control plan any construction of grading activities to improved or unimproved real estate.

DISTURBED AREA . An area where the ground cover is destroyed or removed leaving the land subject to erosion.

EROSION . The detachment and movement of soil or rock fragments by water, wind, ice gravity.

GRADING . Any excavating, grubbing, filling (including hydraulic fill) or stock-piling of earth materials or any combination thereof, including the land in its excavated or filed condition.

INSPECTION . The period review of sediment and erosion control measures shown on the certified plan.

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

SOIL . Any unconsolidated mineral or organic material of any origin.

SOIL EROSION AND SEDIMENT CONTROL PLAN . A scheme that minimizes soil erosion and sedimentation resulting from development and includes but is not limited to, a map and a narrative.

ACT " means the Inland Wetland and Watercourses Act, Sections 22a-36 through 22a-45 of the General Statutes, as amended.

AGENCY " means the Conservation Commission of the City of New Britain.

BOGS " are usually distinguished by evergreen trees and shrubs underlain by peat deposits, poor drainage, and highly acidic conditions.

CLEAR-CUTTING " means the harvest of timber in a fashion which removes all trees down to a 2" diameter at breast height.

COMMISSION MEMBER " means a member of the Conservation Commission of the City of New Britain.

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

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

DESIGNATED AGENT " means and individual designated by the agency to carry out its functions and purposes.

DISCHARGE " means emission of any water, substance, or material into wetlands or watercourses whether or not such substance causes pollution.

DISTURBING THE NATURAL AND INDIGENOUS CHARACTER OF THE LAND means that the activity will significantly alter the inland wetland and watercourses 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.

FARMING " means 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.

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 the provisions of these regulations under the authority of the Conservation Commission.

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.

MARSHES " are areas with soils that exhibit aquic moisture regimes that are distinguished by the absence of trees and shrubs and are dominated by soft-stemmed herbaceous plants. The water table in marshes is at or above the surface throughout the year, but seasonal fluctuations are encountered and areas of open water six inches or more in depth are common.

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

MUNICIPALITY " means the City of New Britain, Hartford County, Connecticut.

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 under the authority of the Conservation Commission.

PERMITTEE " means the person to whom such permit has been issued.

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

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. This includes, but is not limited to, erosion resulting from any filling 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 further provided a mere showing of expense will not necessarily mean an alternative is imprudent.

REGULATED ACTIVITY " means any operation within or use of a wetland or watercourse involving removal 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.

REGULATED AREA " means any inland wetland or watercourse as defined in these regulations.

REMOVE " includes, but shall not be limited to, drain, excavate, mine, dig, dredge, suck, grub, clear cut timber, bulldoze, dragline or blast.

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

SIGNIFICANT IMPACT ACTIVITY " 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:

       1. 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 watercourse system, or

       2. Any activity which substantially changes the natural channel or may inhibit the natural dynamics of a watercourse system, or

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

       4. Any activity which causes substantial turbidity, siltation or sedimentation in a wetland or watercourse, or

       5. Any activity which causes a substantial diminution of flow of a natural watercourse, or groundwater levels of the regulated area, or

       6. Any activity which causes or has the potential to cause pollution of a wetland or watercourse, or

       7. Any activity winch 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 Office of Personnel Management (formerly the U.S. Civil Service Commission)

SWAMPS " are areas with soils that exhibit aquic moisture regimes and are dominated by wetland trees and shrubs.

SUBMERGED LANDS " means those lands which are inundated by water on a seasonal or more frequent basis.

TOWN " means the City of New Britain, Hartford County in the State of Connecticut.

WASTE " means sewage or any substance, liquid, gaseous, solid or radioactive, which may pollute or tend to pollute any of the waters of the Town.

WATERCOURSES " means rivers, streams, brooks, waterways, lakes, ponds, marshes, swamps, bogs, and all other bodies of water, natural or artificial, vernal or intermittent, public or private, which are contained within, flow through or border upon the Town or any portion thereof not regulated pursuant to section 22a-28 through 22a-35, inclusive. Intermittent watercourses 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.

WETLANDS " means land, including submerged land as defined in Section 2.1(aa) 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 Natural Resources Conservation Service of the U.S. Department of Agriculture (USDA). 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.