ACCESSORY . The term applied to a building or use, which is clearly incidental or subordinate to, and customarily in connection with, the principal building or use and located on the same lot with such principal building or use. Any accessory building attached to a principal building is deemed to be part of such building in applying the Area Regulations to such building.
AGENT . A person appointed by the Commission to be its representative.
ANIMAL UNIT . The number of domestic animals which may be kept on a minimum 40,000 square foot lot.
AVOCATIONAL LIVESTOCK . An animal or animals kept by the owner or lessee of his family for personal use or for youth projects.
BASEMENT . A story partly underground but having at least one-half of its height above the average level of the adjoining ground.
BILLBOARD . See "Sign, Advertising".
BOARDING HOUSE . A dwelling unit in which more than three (3) persons, not a family, reside.
BUFFER ZONE . An area separating use districts either planted or defined by a wall or other structure as required by these regulations for the purpose of protecting adjoining properties from noise, glare, dust, and unsightly conditions.
BUILDING COVERAGE . That percentage of the total lot area covered by the combined area of all buildings on a lot.
BUILDING LINE . Line defined by minimum front yard setback.
BULK . The size and shape of building and non-building uses; and the physical relationships of their exterior walls or their location to lot lines and other walls of the same building, and all open spaces required in connection with a building. Bulk regulations include regulations dealing with floor area ratio, building height, lot area per dwelling unit, lot frontage, lot width, required yards, courts, usable open space, and spacing between buildings on a single lot.
BULK NON-CONFORMING . That part of a building or non-building use which does not conform to one or more of the applicable Bulk Regulations of these regulations either on its effective date, or as a result of subsequent amendments thereof.
BUSINESS . Any use facilitating the barter, sale, or exchange of things of value, or sale of services, or exchange of services, and includes the storage of goods.
CELLAR . A story partly underground having more than half of its clear unobstructed height below the average finished grade of the ground adjoining the building.
CLUB . An organization of persons incorporated pursuant to the provisions of the General Statutes and which is the owner, lessee, or occupant of an establishment, operated solely for a recreational, social, patriotic, political, benevolent or athletic purpose, but not for pecuniary gain, and includes the establishment so operated. A club shall cater only to its members or guests accompanying them.
COMMERCIAL . See business.
COMMUNITY RESIDENCE . Defined in accordance with the provisions of Public Act 83- 341.
DESIGN REVIEW PANEL . Design Review Panel. An advisory group appointed by the Planning and Zoning Commission, to provide application review assistance. The panel shall include at least three and not more than five people competent in such fields as architecture, landscape architecture, business, engineering and art.
DORMITORY . A building or group of buildings used for the purpose of accommodating students, faculty or members of religious orders with sleeping quarters with or without communal kitchen facilities and administered by a bona fide educational, religious or fraternal institution. The term dormitory includes fraternity and sorority houses, convents, priories, seminaries and monasteries, but does not include clubs.
DUSTLESS SURFACE . Dustless surface shall mean adequately covered with screening stone, concrete, asphalt, or bituminous products, or gravel, adequately treated with oil, calcium chloride, or similar dust inhibiting substances.
DWELLING . A building or portion thereof used for residential occupancy.
DWELLING, SEASONAL . A structure designed and intended for human habitation of a seasonal or recreational nature, and not as a permanent dwelling constructed of permanent weatherproof materials, and having a safe water supply with adequate sanitary sewage facilities. Seasonal shall mean occupancy from June 1, to November 1, and not more than 30 days from November 1, to June l.
DWELLING UNIT . A building, or portion thereof, providing independent living facilities for one family, including provisions for living, sleeping, eating, cooking and sanitation.
ELDERLY PERSON . Any person 62 years of age or over, or a person who has been certified by the Social Security Board as being totally disabled under the Federal Social Security Act.
FAMILY . A person living alone, or any of the following groups living together as a single non-profit housekeeping unit and sharing common living, sleeping, cooking and eating facilities:
1. Any number of people related by blood, marriage, civil union, adoption, foster care, guardianship or other duly authorized custodial relationship, gratuitous guests, domestic help and not more than one (1) additional unrelated person. (Related by blood shall include only persons having one of the following relationships with another individual(s) residing within the same dwelling unit: parents, grandparents, children, sisters, brothers, grandchildren, stepchildren, first cousins, aunts, uncles, nieces and nephews);
2. Two (2) unrelated persons and any children related to either of them;
3. A cumulative total of up to three (3) adult persons. More than three (3) adult persons may qualify as a family pursuant to other categories of this definition;
4. Persons living together as a functional family as determined by the criteria listed below. For the purpose of enforcing these regulations, it shall be assumed (presumptive evidence) that more than three (3) persons living together, who do not qualify as a family based on categories one or two of this definition, do not constitute a functional family. To qualify as a functional family, the following criteria shall be met:
A. The occupants must share the entire dwelling unit and live and cook together as a single housekeeping unit. A unit in which the various occupants act as separate roomers may not be deemed to be occupied by a functional family;
B. The group shares expenses for food, rent or ownership costs, utilities and other household expenses;
C. The group is permanent and stable. Evidence of such permanency and stability may include:
1. The presence of minor dependent children regularly residing in the household who are enrolled in local schools;
2. Members of the household have the same address for purposes of voter's registration, driver's license, motor vehicle registration and filing of taxes;
3. Members of the household are employed in the area;
4. The household has been living together as a unit for a year or more whether in the current dwelling unit or other dwelling units;
5. There is common ownership of furniture and appliances among the members of the household; and
6. The group is not transient or temporary in nature;
D. Any other factor reasonably related to whether or not the group is the functional equivalent of a family.
E. Occupancy in a dormitory, fraternity, sorority, club, tourist home, emergency shelter, rooming or boarding house, group home or similar group occupancy shall not be construed to be a family. Many of these land uses are defined in Article IV, Section B.
5. Any group protected by the "reasonable accommodation" criteria of the Federal Americans with Disabilities Act or Fair Housing Act in that group members are the functional equivalent of a family sharing and in continued pursuit of their common commitment to rehabilitation or recovery from chronic drug or alcohol addiction or abuse, evidenced by substantial compliance with the following criteria, listed in order of importance:
A. The residence facility is certified by the Department of Mental Health and Addiction Services as congregate sober housing.
B. Collectively, the residents lease the entire residence rather than any particular room.
C. Residents may remain indefinitely, but are required to leave the residence if they use drugs or alcohol.
D. Residents share equally most household expenses, including rent, a single household budget, most household chores, including cleaning, shopping and cooking, and the work of maintaining the premises.
E. Weekly meetings are used to discuss household, financial, logistical or interpersonal issues, and household safety, including fire safety.
F. Residents prepare food and eat together on a frequent basis and there is shared food in the refrigerator.
FLOOD HAZARD AREA . Areas subject to 100 year flooding as shown on the Federal Emergency Management Agency "Flood Insurance Study" and "Floodway" and "Flood Insurance Rate Maps" effective January 2, 1981 and further revisions.
FLOOR AREA, GROSS . The sum of the gross area (horizontal) of every floor of a building measured from the exterior faces of the walls or from the center line of party or common walls separating two buildings, including (a) basement space; (b) attic space whether or not a floor has been laid, over which there is structural headroom of 7 1/2 feet or more; (c) floor space used for mechanical equipment with structural headroom of 7 1/2 feet; (d) roofed porches, breezeways, interior balconies and mezzanines; (e) any roofed space such as a garage or carport for off-street parking accessory to a single-family or two-family dwelling not located in a cellar. However, floor area does not include: (a) cellar space (except that cellar space used for a retail sales use shall be included for the purpose of calculating requirements of such use for accessory off-street parking spaces and accessory off-street loading berths); (b) elevator and stair bulkheads, accessory water tanks and cooling towers; and (c) terraces, unroofed open porches and steps.
FLOOR AREA, LIVABLE . Livable floor areas may include rooms, halls, and closets, but shall not include rooms for heating equipment, garages, open or closed outside vestibules, or porches, or verandas. Unfinished basement spaces will not qualify for required livable area. Livable floor area as used herein means those portions of the building, soundly and permanently constructed and finished with materials and methods conforming to generally accepted practice. Floor area for livable quarters shall be computed from the outside dimensions.
FLOOR AREA, NET RETAIL . The sum of the gross area within a commercial building designed and intended to be used in association with the sale of goods and personal services but excluding areas used for utilities and storage areas up to 10% of each tenant space.
FRATERNITY/SORORITY . Any group of persons organized for a common purpose, interest or pleasure, and recognized by the Office of Greek Life at the University of Connecticut or Eastern Conn. State University
FRATERNITY/SORORITY HOUSE . Any building or portion of a building used by a fraternity or sorority for the purpose of lodging fraternity or sorority members, or as a site for the conduct of fraternity or sorority-sponsored entertainment or assemblage.
GROUP HOME . A continuously supervised residential care facility licensed by the State of Connecticut and providing housing and care to eight or fewer individuals who are aged, handicapped, disabled or otherwise in need of specialized services to meet their needs. For the purposes of these regulations, group homes shall not include out-patient services or treatment or supervision services for any of following: (1) acutely ill individuals; (2) individuals who are dangerous to themselves or others (as defined by Section 17-176 of the State Statutes), (3) individuals whose psychiatric disorder is drug or alcohol dependence (as defined by Sections 21a-240 and 17-1551 of the State Statutes) and (4) individuals whose needs are related to criminal behavior or the State Department of Corrections. Group homes under these regulations shall not house or provide services to more than eight individuals, excluding staff residents (also see definition of community residence).
HEIGHT . The vertical distance measured from the average elevation of the proposed finished grade along the wall of a building to the highest point of such building.
HOME OCCUPATION . See provisions of Art. X, Sec. N.
HOTEL . A building which has a common entrance or entrances and contains living and sleeping accommodations for hire for ten or more persons.
INDUSTRY . Any process whereby the nature, size, or shape of articles is changed, or where articles are assembled or packaged in quantity.
JUNK . Any article or material or collection thereof which is worn out, cast off, or discarded, and which is ready for destruction or has been collected or stored for salvage or conversion.
JUNK YARD . Except for the specific exceptions noted below, the use of any area of any lot, whether inside or outside a building for any of the following purposes:
a. the storage, keeping or abandonment of junk, scrap or discarded materials or equipment, including old metal, glass, paper, cordage or other waste or discarded or secondhand material; or
b. the dismantling, demolition or abandonment of automobiles, other vehicles, machinery, equipment or parts thereof; or
c. any other place of storage or deposit, including any business, which has stored or de posited two or more unregistered motor vehicles or used parts of motor vehicles or old iron, metal, glass, paper, cordage or other waste or discarded or secondhand material which has been a part, or intended to be a part, of any motor vehicle, the sum of which parts or material shall be equal in bulk to two or more mo tor vehicles.
As specific exceptions, the following shall not be considered a junk yard:
1. The display of unregistered vehicles for the specific purpose of sale in association with an authorized and licensed automotive dealership;
2. the accessory storage of unregistered vehicles, equipment or parts associated with a permitted or proposed business, provided said storage has be en specifically approved by the Planning and Zoning Commission;
3. the parking of unregistered farm vehicles and associated equipment and parts for use on site in association with an active farm; or
4. the interior storage of unregistered vehicles as per the accessory us e provisions of Article VII, Section D.7.f.
LOT . One or more contiguous parcels of land under single ownership or control that conforms with all applicable Zoning Regulations as a tract to be used, developed or built upon as a unit. It may or may not coincide with the deed description thereof filed for record or otherwise, and it may be subsequently subdivided into two or more lots, provided all such lots conform to all applicable Zoning and Subdivision Regulations.
LOT, CORNER . A corner lot is a lot whose street lot lines have an interior angle of less than 135 degrees at the intersection of the two lines. A lot abutting on a curved street shall be deemed as a corner lot if the tangents to the curve at the points of intersection of the side lot lines intersect at an interior angle of less than 135 degrees.
LOT FRONTAGE . The horizontal distance measured along the full length of the front lot line. At existing, proposed or future streetline intersections with a radius, the frontage may be measured along the full length of the front lot line to the point of intersection of the front lot lines extended beyond the radius to their point of intersection.
LOT LINE . A property line bounding a lot. For zoning purposes, town boundary lines are not assumed to be lot lines and a Mansfield lot may extend into an adjacent municipality.
LOT, REAR . A single lot or parcel existing as of the date of adoption of this amendment which does not have adequate frontage on an accepted town street and is accessible only by a permanent, unobstructed right of access (amendment effective May 15, 1976.)
LOT LINE, FRONT . A front lot line is the line of a street on which a lot abuts.
LOT LINE, REAR . A rear lot line is any lot line, other than another front lot line on another street, which is the farthest lot line from the street.
LOT WIDTH . The average distance between side lot lines measured along two lines parallel to a line connecting the end points of the front lot line and drawn through those two points of the principal building closest to the farthest from the street.
LOT LINE, SIDE . Any lot line not a front lot line or a rear lot line, bounding a lot and extending from the street toward the rear in a direction approximately perpendicular or radial to the street.
LOT THROUGH . A lot, other than a corner lot, having frontage on two streets.
MOBILE HOMES . See Trailer.
MONUMENT . A stone or other permanent object to mark a boundary or angle point.
MOTEL . A building or a group of buildings containing individual sleeping quarters and individual entrances, and designed, altered or used primarily for rental to transients on a nightly basis.
NEIGHBORHOOD OF GIVEN LOT . The neighborhood of a lot refers to all areas within five hundred feet of any point on any boundary line of the given lot.
NON-BUILDING USE . A principal use of land to which the buildings on the lot, if any, are accessory, such as trailer park, junk yard, public parking lot, or an open storage yard for materials.
NONCONFORMING USE . See Use, Nonconforming.
PARKING, OFF-STREET . Parking space as required for specific uses which is located off a public right-of-way.
POOL, COMMERCIAL SWIMMING . A pool for admission to which a fee is charged.
POOL, SWIMMING . A structure of relatively impervious material intended for bathing or swimming purposes, located either indoors or outdoors and provided with a controlled water supply.
PREMISES . A lot and all the buildings and uses thereon.
PUBLIC GARAGE . A building used for the storage of more than three registered motor vehicles which are owned by persons other than the owner or occupants of the premises, or in which repairs are made upon motor vehicles for profit.
PUBLIC PARKING LOT . Any lot used for the storage of motor vehicles which contains space available to the general public by the hours, day, week, month or year.
RECREATION, PRIVATE . An area or use maintained for recreational purposes by private individuals, supported primarily by dues of its members, and not open to the general public.
RECREATION, PUBLIC . An area or use maintained for recreational purposes which is open to the general public.
R-DISTRICTS . All residential areas in the town.
RESIDENCE . One or more dwelling units for permanent occupancy.
RESIDENCE, SINGLE FAMILY . A one-family dwelling unit, including any building, trailer or other structure, occupied by a single-family.
RESIDENCE, SINGLE-FAMILY DETACHED . A single-family residence which is separated from lot lines or other buildings by open space.
RESIDENCE, SINGLE-FAMILY ATTACHED . A single-family residence having one or two party walls on side lot lines.
RESIDENCE, MULTI-FAMILY . A building or part thereof containing three or more dwelling units and includes apartments, row houses, and town houses.
RESTAURANTS, TAVERNS, GRILLES, AND PACKAGE STORES . Shall have the meaning given them in the State Liquor Control Act.
RESUBDIVISION . A change in a map of an approved or recorded subdivision or resubdivision if such change a) affects any street layout shown on such map, 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.
ROOMING HOUSE . See Boarding House.
SETBACK, BUILDING . The distance that a building or other structure must be from the lot line
SEWER, MUNICIPAL . A municipally maintained underground sewage disposal system serving two or more dwelling units.
STREET . Any existing highway that is accepted and actively maintained by either the Town of Mansfield or the State of Connecticut; or any proposed roadway, which is shown on a subdivision map approved by the Planning and Zoning Commission and duly recorded in the Mansfield Land Records, and which is formally bonded for completion and dedication to the Town of Mansfield.
STREET, ACCEPTED . A street which has become public by virtue of dedication and formal acceptance by the Town of Mansfield.
STREET CENTER LINE . A line equidistant from each street line; or if no street line is established, the center line of the existing pavement, or if the street is unpaved, the center line of the existing traveled way.
STREET LINE . The right-of-way of an established street or, if not established, a line 25 feet from the street center line as defined.
SUBDIVISION . Means the division of a tract or parcel of land into three or more parts or lots for the purposes, whether immediate or future, of sale or building development expressly excluding development for municipal, conservation, or agricultural purposes, and includes resubdivision.
TOURIST HOME . A residence in which sleeping accommodations for more than three and less than ten persons are hired out for transient occupancy.
TRAILER, TRAVEL TRAILER, TRAILER COACH, OR MOBILE MANUFACTURED HOME . Any vehicle which is designed to be used as sleeping or living quarters, and which is or may be mounted on wheels, and does not include modular homes.
TRAILER, INDIVIDUAL . Any trailer, travel trailer, trailer coach or mobile home which is the only one on a lot or parcel of land.
TRAILER PARK . Any lot or parcel of land which is used or allowed for the parking of two or more occupied trailers, trailer coaches or mobile homes.
TRAILER PERMITTEE . Any person, firm or corporation receiving a permit to conduct or maintain a trailer park or individual trailer.
TRAILER SPACE . That section of ground in a trailer park used or allotted for use as a location for a single trailer, travel trailer, trailer coach or mobile home and includes space for parking of one private automobile.
TRAILER, TRANSIENT . A trailer, travel trailer, trailer coach or mobile home owned by a non-resident of the Town, and who is passing through Town or visiting a resident for a limited length of time.
USE . The term employed to refer to any purpose for which buildings or other structures or land may be occupied.
USE, NONCONFORMING . A use of a building or land or both, which does not conform to the applicable Use Regulations of these regulations either on its effective date, or as a result of subsequent amendments thereof. It may or may not involve any principal building or land use.
WATER SUPPLY, COMMUNITY . A privately installed and maintained well or reservoir and appurtenant facilities serving two or more dwelling units.
YARD, REQUIRED . Open and unobstructed ground area of the lot extended inward from a lot line for the distance specified in the Regulations for the district in which the lot is located.
YARD, REQUIRED FRONT . A required yard extending along the full length of the front lot line to a depth required by these regulations.
YARD, REQUIRED REAR . A required yard extending along the full length of the rear lot line to a depth required by these regulations.
YARD, REQUIRED SIDE . A required yard extending along a side lot line to a depth required by these
CERTIFICATION means a signed, written approval by the Mansfield Planning and Zoning Commission or, in the case of property within an SC-SDD zone district, by the Director of Planning and the Zoning Agent, that a soil erosion and sediment control plan complies with the applicable requirements of these regulations.
DEVELOPMENT means any construction or grading activities to improved or unimproved real estate.
DISTURBED AREA means an area where the ground cover is destroyed or removed leaving the land subject to accelerated erosion.
EROSION means the detachment and movement of soil or rock fragments by water, wind, ice or gravity.
GRADING means any excavating, grubbing, filling (including hydraulic fill) or stockpiling of earth materials or any combination thereof, including the land in its excavated or filled condition.
INSPECTION PLAN means the periodic review of sediment and erosion control measures shown on the certified plan.
SEDIMENT means solid material, either mineral or organic, that is in suspension, is transported, or has been moved from its site of origin by erosion.
SOIL means any unconsolidated mineral or organic material of any origin.
SOIL EROSION AND SEDIMENT CONTROL PLAN means a scheme that minimizes soil erosion and sedimentation resulting from development and includes, but is not limited to, mapped details and a narrative
SIGN . Any structure or part thereof, or any natural object (such as a tree, rock, shrub and the ground itself), or any device, whether freestanding or attached to a building, vehicle or structure or painted or represented thereon, which shall be used to attract attention to any object, project, place, activity, person, institution, organization or business, or which shall display or include any letter, word, model, flag, banner, pennant, insignia, device or representation which is in the nature of or which is used as an announcement, direction or advertisement for commercial purposes or otherwise. Signs shall include billboards, neon or lighted tubes, strings of lights, inflatables, paintings or similar devices outlining, attached or hung upon any part of a building, vehicle, structure, or otherwise on a lot, but does not include the flag, pennant or insignia of any nation or group of nations, or of any governmental agency.
For the purpose of this definition and these Regulations, the word "sign" also shall include interior signs if located on a window or within three (3) feet of a window and if obviously intended for viewing from the exterior.
SIGN, ADVERTISING . A sign, including the type commonly known as a billboard, which directs attention to a business, commodity, service, political campaign, or entertainment conducted, sold or offered elsewhere than upon the same lot where such a sign is displayed. Temporary sponsorship signs/banners, as provided for in the Mansfield Parks Regulations, shall not be considered advertising signs for the purposes of the Zoning Regulations.
SIGN, AREA . The area or size of a sign shall be defined and measured as follows:
1. For freestanding signs and sign structures that are attached or mounted upon a building, the sign area shall be the square footage included within the shortest line that can be drawn around the outside perimeter of the sign, excluding any structural elements lying outside the limits of such sign that are clearly of a size, scale and design that is accessory to the subject sign.
Any questions regarding the structural elements of a sign should be reviewed with the Commission.
2. For lettering, symbols, flags or other devices painted or independently attached or mounted upon a building or otherwise displayed on the property, the sign area shall be the square footage included within the smallest continuous regular geometric shape enclosing all lettering, wording, design, flags or symbols, together with any background that is different from the balance of the wall on which it is located and obviously related to the sign.
3. See sign area standards of Article X, Section C.9.
SIGN, DIRECTIONAL . A sign indicating the direction of a route to the subject project, place, business, person, organization, etc.
SIGN, IDENTITY . A sign depicting the individual name(s) or collective name of persons, organizations or business conducting a permitted use on the subject site. In addition to name information, an identity sign may include supplemental descriptive wording regarding the product/service offered at the site.
SIGN, PROMOTIONAL . A sign, other than an identity sign, which directs attention to a business commodity, service or entertainment conducted, sold or offered upon or in front of the lot where such sign is displayed. For the purpose of these regulations, window signs as authorized by Section C.4.g of this article and temporary grand opening signs as authorized by Section C.5.e of this article shall not be classified as promotional signs.
BASE FLOOD means the flood having a one percent chance of being equaled or exceeded in any given year.
BASEMENT means that portion of a building having its floor sub-grade (below ground level) on all sides.
DEVELOPMENT means any man-made change to improved or unimproved real estate, including, but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
FLOOD BOUNDARY AND FLOODWAY MAP (FLOODWAY) means the official map of a community on which the Federal Emergency Management Agency has delineated the boundaries of the floodway.
FLOOD INSURANCE RATE MAP (FIRM) means an official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
FLOOD HAZARD AREA is the land within a community subject to a one percent or greater chance of flooding in any given year. Flood hazard areas include areas subject to 100-year flooding as shown on the Federal Emergency management Agency "Flood Insurance Study," "Floodway" and "flood Insurance Rate Maps" effective January 2, 1981 and further revisions. The maps and study are adopted by reference and declared to be part of this regulation.
FLOOD INSURANCE STUDY (FIS) means the official report from the Federal Emergency Management Agency (FEMA), which contains examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.
FLOOD-PROOFED is defined as water-tight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.
FLOODWAY means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
LOWEST FLOOR means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area is not considered a building's lowest floor.
MANUFACTURED HOME (also known as "mobile home") means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."
NEW CONSTRUCTION means structures for which the "start of construction" commenced on or after the effective date of the initial FIRM (January 2, 1981) and includes any subsequent improvements to such structures.
RECREATIONAL VEHICLE (also know as a "trailer") means a vehicle which is:
1. built on a single chassis;
2. 2. 400 square feet or less when measured at the longest horizontal projections;
3. designed to be self-propelled or permanently tow able by a light-duty truck; and
4. designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use.
START OF CONSTRUCTION includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, or any work beyond the stage of excavation. For a substantial improvement, the actual start of construction means the first alteration of the building, whether or not that alteration affects the external dimensions of the building.
SUBSTANTIAL IMPROVEMENT means any combination of repairs, reconstruction, alteration or improvements to a structure taking place over a one (1) year period, in which the cumulative cost equals or exceeds fifty percent (50%) of the market value of the structure. The market value of the structure should be (1) the appraised value of the structure (using the cost approach to value method) prior to the start of the initial repair or improvement, or (2) in the case of damage, the value of the structure prior to the damage occurring. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure required to comply with existing health, sanitary or safety code specifications, which are solely necessary to assure safe living conditions.
Use of the above-noted cost approach to value method to determine market value is based on the value of the bare land plus the depreciated replacement cost of the structure, using current rates for material, equipment and labor. It generally results in the highest market value for the property.
WATER SURFACE ELEVATION means the height in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
MOBILE HOME - A detached residential unit designed:
1. For year-round occupancy and containing sleeping accommodations, a flush toilet and a tub or shower and kitchen facilities and having both plumbing and electrical connections for attachment to outside systems; and
2. To be transported on its own wheels (or detachable wheels) or on a flatbed or other trailer; and
3. To be placed on rigid supports at the site where it is to be occupied as a residence, complete and ready for occupancy, except for minor and incidental unpacking and assembly operations and connection to utilities systems
A mobile home shall not include a modular or unitized dwelling placed on permanent foundations, which for the purpose of the Zoning Regulations are considered single-family dwellings.
TRAILER - A trailer shall include a travel trailer, motor home, camper or similar units designed for recreation or other short-term uses. A trailer shall be construed to mean a mobile home.
TRAILER, CONSTRUCTION - A portable, temporary mobile home, trailer, or semi- trailer, used, occupied or intended to be used or occupied for field office or storage purposes on the premises of a bona fide and active construction job.
MOBILE HOME PARK - A plot of ground upon which two or more mobile homes, occupied for residential purposes, are located, and includes all mobile home parks in existence at the adoption of this section.
MOBILE HOME SPACE OR LOT - A plot of ground within a mobile home park designed for the accommodation of one mobile home.
COMMISSION - The Planning and Zoning Commission of the Town of Mansfield.
PERMIT PREMISES - That structure or building or that portion of a lot used for the manufacture, storage, or wholesale or retail sale of alcoholic liquor.
ANTENNA means a device used to receive or transmit electromagnetic waves. Examples include, but are not limited to whip antennas, panel antennas and dish antennas.
CO-LOCATION means locating wireless communication facilities from more than one provider on a single site.
FALL ZONE means the area or location within which a tower or mounted antenna would drop, slide or settle in the event the tower or antenna is blown from its support structure, collapses or is otherwise dislodged from its foundation or its mounting.
HEIGHT OF TOWER means the vertical distance measured in feet from the average existing level of the ground surrounding the tower and within ten feet thereof to the topmost point of the tower including any antenna or other appurtenances. The existing elevation shall mean the actual or approved elevations of the property at the time of application.
TOWER means a structure that is intended to support equipment used to receive and/or transmit electromagnetic waves. Design examples of towers include (a) self-supporting lattice, (b) guyed and (c) monopole.
WIRELESS TELECOMMUNICATION SERVICES means licensed wireless telecommunication services including, but not necessarily limited to, cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging and similar services that are marketed to the general public.
WIRELESS TELECOMMUNICATION SITE means a facility operated by a licensed wireless telecommunication service provider which consists of the equipment and structures involved in receiving or transmitting electromagnetic waves associated with wireless telecommunication services.
BUILDING FRONTAGE . The length of a particular building wall.
PRIMARY OCCUPANCY FRONTAGE . The length of that portion of an exterior building wall occupied by a particular occupant and where the primary entrance to the occupant's premises is located, including both sides of a corner.
SECONDARY OCCUPANCY FRONTAGE . The length of that portion of an exterior building wall occupied by a particular occupant and where the secondary entrance to the occupant's premises, if any, is located.
SIGN, AWNING . A sign attached to, affixed to, or painted on an awning or canopy.
SIGN, BLADE . A sign (sometimes referred to as projecting bracket mounted sign) that is attached to, in whole or in part, a building face or wall, and that projects in a perpendicular direction from such face or wall (or, in the case of a building corner, that projects in a direction that is approximately midway along the outside corner) and that contains two potential sign sides.
SIGN, CANOPY . A sign that is attached to, in whole or in part, a building face or wall and that projects in a perpendicular direction from such face or wall more than 18 inches and that includes three potential sign sides (for example, a sign commonly described as a movie or theater marquee sign).
SIGN, MENU BOARD . A freestanding or wall-mounted sign identifying items offered for sale within a restaurant.
SIGN, SANDWICH OR A-FRAME . A portable sign which is movable and not attached to a building, structure or the ground. These signs shall not count in the calculation of Identity Signage attached to buildings.
SIGN, SITE . A sign that does not identify a particular building or establishment, but which identifies a neighborhood or other group of buildings or establishments.
SIGN, SUSPENDED . A sign that is suspended from the underside of a horizontal plane and is supported by such surface.
SIGN, TABLE UMBRELLA . A sign attached to, affixed to, or painted on an umbrella or parasol connected to an outdoor restaurant table.
SIGN, WINDOW . An identity sign that is etched onto, or otherwise attached to, the surface of a window such that visibility is maintained through the window.
SUBDIVISION The division of a tract or parcel of land into three (3) or more parts or lots for the purpose, whether immediate or future, of sale or building development expressly excluding development for municipal, conservation or agricultural purposes, and includes resubdivision.
RESUBDIVISION A change in a map of an approved or recorded subdivision or resubdivision if such change (a) affects any street layout shown on such map, (b) affects any area reserved thereon for public use, or (c) diminishes the size of any lot shown thereon and creates an additional building lot, if any of the lots shown thereon have been conveyed after the approval or recording of such map.
BUILDING AREA ENVELOPE Portion of a "Development Area Envelope" within which a house, garage, shed and other structures, swimming pools, outside storage areas and other improvements that are subject to the Schedule of Dimensional Requirements contained in Article VIII of the Mansfield Zoning Regulations, are located.
COMMISSION The Planning and Zoning Commission of the Town of Mansfield, Connecticut.
CONSTRUCTION STANDARDS The Town of Mansfield Department of Public Works Engineering and Construction Standards as outlined in the "Engineering Standards and Specifications Ordinance"
DEVELOPMENT AREA ENVELOPE Portion of a lot within which a house, garage, shed and other structures, swimming pools, driveways, parking areas, outside storage areas, septic system, septic reserve area, water supply well, utility lines, lawn areas and other site improvements are to be located. Proposed development area envelopes shall meet the minimum area requirements of Article VIII, Section B.6 of the Mansfield Zoning Regulations.
HEALTH OFFICIAL The Director of Health of the Eastern Highlands Health District or his authorized agent.
LOT A separately identified parcel of land designed, plotted or intended for separate occupation or use.
NATURAL AND MANMADE FEATURES Trees, specimens or groupings; agricultural lands including open fields and pastures; water, including ponds, lakes, brooks, streams, rivers, and cascades; ledges, and large rock outcroppings or formations, large hills or ridges, or expanses of valley floors; visible historic sites or features, such as stone walls, individual buildings or groupings of buildings, cemeteries, cellar holes, foundations, or similar features.
PLAN, PRELIMINARY The preliminary drawing(s) and any supporting data indicating the proposed manner and layout of the subdivision (see Section 5.0 for requirements)
PLAN, FINAL The final map or drawing(s) and all required supporting data upon which the subdivider's plan of subdivision is presented to the Commission for approval (see Section 6.0 for requirements)
RESERVE STRIP Land controlling access to an area dedicated or to be dedicated to public use.
SCENERY The general appearance of a place regarding its natural and manmade features, as viewed from particular vantage points with regard to their beauty.
SCENIC Of or relating to natural and manmade features, with regard to their beauty.
STREET Any existing highway that is accepted and actively maintained by either the Town of Mansfield or the State of Connecticut; or any proposed roadway which is shown on a subdivision map approved by the Planning and Zoning Commission and duly recorded in the Mansfield Land Records and which is formally bonded for completion and dedication to the Town of Mansfield.
STREET, DEAD-END A right-of-way closed at one end with an intersection with a through street at the other end, and also includes the term cul-de-sac street. A street with a temporary turnaround is a dead-end street.
SUBDIVIDER The owner of record at the time of filing of an approved subdivision or resubdivision plan or, at the time of application, a person holding an option or agreement to purchase land.
TREES (specimen and groups of trees) Specimen: a fully developed tree, standing singly or in a group, exceeding 9" (nine inches) d.b.h. (diameter breast height) on a proposed lot or 6" (six inches) d.b.h. within an existing or proposed street right-of-way. Groups of trees, ranging from 6" to 12" (six to twelve inches) d.b.h., of hardwoods or evergreens, especially as they stand along roadsides or boundaries or properties or lots, so as to serve as privacy screens or buffers, or to enhance a public road or way. Groups or masses of trees may be indicated on a plan as a mass, and each tree need not be delineated.
VANTAGE POINT A ground that offers the best advantage for observing scenery.
VIEW A sight or prospect of some landscape or extended scene; an extent or area covered by the eye from one vantage point, whether on or off a subdivision site.
VISTA A view seen through a long or restricted passage, such as between rows or groups of trees or buildings.
WETLANDS AND WATERCOURSES As defined in Section 22a-38 of the Connecticut General Statutes, as may be amended. In case of any question over the meaning of a word, phrase, or sentence whether defined herein or not, the Commission reserves the right to make a determination thereof, being guided in such determination by the purposes and intents of these regulations.
YIELD PLAN A map or maps containing a lot and site improvement layout and additional information, as required by these regulations (see section 6.10.a.6), that demonstrates: compliance with the zoning Schedule of Dimensional Requirements provisions for standard lot size, lot frontage and building setbacks; compliance with all other zoning requirements, including minimum lot area requirements for new lots; and compliance with all subdivision requirements, including the Design Criteria of Section 7 and the Open Space requirements of Section 13.
A yield plan must be submitted whenever a subdivider seeks a reduction or waiver of minimum lot frontage (see Section 7.6) or in the R-90 and RAR-90 zones, a lot size of less than 90,000 square feet.
ACT means the Inland Wetlands and Watercourses Act, Sections 22a-36 through 22a-45, inclusive, of the Connecticut General Statutes.
AGENT OR INLAND WETLANDS AGENT means the duly authorized Town employed representative of the Agency.
AGENCY means the Mansfield Inland Wetlands Agency.
BOGS are watercourses distinguished by evergreen trees and shrubs underlain by peat deposits, poor or very poor drainage, and highly acidic conditions.
BUILDING AREA ENVELOPE (BAE) means the portion of a "Development Area Envelope", as defined by Mansfield's Subdivision Regulations, within which structures, including but not limited to a house, garage, shed, swimming pool, outside storage areas and other improvements that are subject to the Schedule of Dimensional Requirements contained in Article VIII of the Mansfield Zoning Regulations, are located. The Agency's review of the location of a proposed Building Area Envelope is limited to the consideration of the impact of the proposed location on wetlands and watercourses.
CLEAR-CUTTING means the harvest of timber which removes all trees down to a two inch diameter at breast height.
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 the low flow period of the annual hydrological cycle, June through September, but it recurs in prolonged succession.
DEPOSIT includes, but shall not be limited to fill, grade, dump, place, discharge or emit.
DEVELOPMENT AREA ENVELOPE (DAE) means that portion of a lot within which site improvements such as, but not limited to, a house, garage, shed, swimming pool, driveway, parking area, outside storage area, septic system, septic reserve area, water supply well, utility lines and lawns are to be located. The Agency's review of a proposed development area envelope is limited to the consideration of the impact on wetlands and watercourses.
DISCHARGE means the emission of any water, substance, or material into waters of the state whether or not such substance causes pollution.
ESSENTIAL TO THE FARMING OPERATION means that the proposed activity is necessary and indispensable to sustain farming activities.
FARMING shall be consistent with the definition contained in Section 1-1(q) of the Connecticut General Statutes. (see Appendix)
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 sections 22a-36 to 22a-45, inclusive, of the Connecticut General Statutes.
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 watercourses that are distinguished by the absence of trees and shrubs and the dominance of soft-stemmed herbaceous plants. 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, land, gravel, clay, bog, mud, debris, sand, refuse or waste.
MUNICIPALITY means the Town of Mansfield.
NURSERIES means places where plants are grown for sale, transplanting, or experimentation. Permit see License.
PERMITTEE means the person to whom a license has been issued.
PERSON means any person, firm, partnership, association, corporation, limited liability company, 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 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 further provided a mere showing of expense will not necessarily mean an alternative is imprudent.
REGULATED ACTIVITY (also see upland review area) 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 22a-40 of the Connecticut General Statutes. Furthermore, any clearing, grubbing, filling, grading, paving. excavating, constructing, depositing or removing of material and discharging of storm water or other activity on the land within one hundred and fifty (150) feet measured horizontally from the boundary of any wetland or watercourse is a regulated activity. The Agency may also rule that any other activity located within an upland review area or in any other non-wetland or non-watercourse area is likely to impact or affect wetlands or watercourses and is a regulated activity.
REMOVE includes, but shall not be 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 waters of the state, including, but not limited to, change in odor, color, turbidity or taste.
SIGNIFICANT IMPACT means any activity, including, but not limited to, the following activities:
1. Any activity involving deposition or removal of material which will or may have a substantial effect on the wetland or watercourse in which the activity takes place or on wetlands or watercourses outside the area for which the activity is proposed.
2. Any activity which substantially changes the natural channel or may inhibit the natural dynamics of a watercourse system.
3. Any activity which substantially diminishes the natural capacity of an inland wetland or watercourse to: support aquatic, plant or animal life and habitats; prevent flooding; supply water; assimilate waste; facilitate drainage; provide recreation or open space; or perform other functions.
4. Any activity which is likely to cause or has the potential to cause substantial turbidity, siltation or sedimentation in a wetland or watercourse.
5. Any activity which causes substantial diminution of flow of a natural watercourse or groundwater levels of a wetland or watercourse.
6. Any activity which is likely to cause or has the potential to cause pollution of a wetland or watercourse.
7. Any activity which damages or destroys unique wetland or watercourse areas or such 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.
SWAMPS are watercourses that are distinguished by the dominance of wetland trees and shrubs.
SUBMERGED LANDS means those lands which are inundated by water on a seasonal or more frequent basis.
TOWN means the Town of Mansfield.
UPLAND REVIEW AREA means all land within one hundred and fifty (150) feet from the edge of a wetland or a watercourse, as measured horizontally from the boundary of any wetland or watercourse and in addition, areas at a greater distance than 150 feet from the edge of a wetland or watercourse where in the determination of the agency proposed activities are likely to impact or affect wetlands or watercourses.
WASTE means sewage or any substance, liquid, gaseous, solid or radioactive, which may pollute or tend to pollute any of the wetlands and watercourses 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 Sections 22a-28 through 22a-35, inclusive, of the Connecticut General Statutes.
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 this section, not regulated pursuant to Sections 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.
YIELD PLAN means a map(s) containing a lot and site improvement layout and additional information as required by Mansfield's Subdivision and Zoning Regulations, to demonstrate compliance with the Zoning Schedule of Dimensional Requirements for standard lot size, lot frontage and building setbacks; as well as all other Zoning and Subdivision requirements, including, minimum lot area requirements for new lots; the Design Criteria of Section 7 and the Open Space requirements of Section 13. A yield plan is required by the subdivision regulations whenever a subdivider requests a reduction or waiver of minimum lot frontage (see Section 7.6) or in the R-90 and RAR-90 zones, a lot size of less than 90,000 square feet. The Agency shall review a yield plan and provide advisory comments to the Planning and Zoning Commission regarding the potential yield plan impact on wetlands and watercourses, including, as applicable, whether the proposed subdivision or yield plan is preferable with respect to potential impacts on wetlands and watercourses.