A. This description is intended to provide the reader with some guidance using the terms of this title and is not a substitute for the standards, criteria and procedures contained in this title:
1. Zoning Map. Prior to considering the development or redevelopment of land, an applicant should refer to the official zoning map to determine which base zoning and overlay zones correspond to the property. The official zoning map is available from the Town Recorder and may be available on the Town website;
2. Zoning. Once the applicant has identified the zoning, the applicant should refer to the chapter or section which corresponds to the applicable zone(s). Definitions are also found in Title 12 of this code. The applicant should next refer to the site development and design requirements within the zoning chapter or section to determine if the property is adequate in size to accommodate the proposed project. The site development and design standards will determine the building setbacks from the property lines, minimum lot area (if any), minimum open space, build-to lines, maximum height, density and parking requirements for buildings and uses on the property, etc.;
3. Overlay Zones. Some areas are in an Overlay Zone, as well as in a base zoning. Once the Overlay Zone has been identified, the applicant should refer to both the base zoning chapter and the overlay zone chapter that corresponds to the overlay zone;
4. Use Standards. The applicant should then refer to the use list for the zone. The applicant should first determine if the desired use is allowed in the zone. If the use is allowed as a conditional use, the applicant must apply for and obtain a conditional use permit. Finally, if the use is an existing legal use that is no longer allowed in the zone, and there is a proposal to change or modify a structure associated with the use, the applicant must apply for and obtain a variance from the Appeal Authority;
5. Variances/Rezones. If the applicant cannot meet the standards described in this, Title 10, the applicant should determine whether there are alternative development options or any exceptions to the general rules that may accommodate the project. If the project does not meet standards and other development alternatives are not possible, then there are two (2) methods available to attempt to vary the standards;
a. Variance. The variance process is generally used for existing development, or development of an existing, validly created lot. The Appeal Authority shall issue a variance upon the applicant’s demonstration that the application meets each variance standard detailed in Section 10.7.260 of thisTitle; and
b. Rezone. A petition for rezone is a request to change the development standards for the property in question. The process for requesting a rezone is detailed in Section 10.11.60 of this Title. Rezones are discretionary legislative acts.
6. Subdivision of Land. If the applicant would like to subdivide a piece of property, merge a number of different parcels into one parcel, or resubdivide, the applicant shall go through the subdivision process as provided in Chapter 15 of this Title;
7. Meanings and Intent. All provisions, terms, phrases and expressions contained in this title shall be construed according to Section 10.1.40. of this Chapter;
8. Headings, Illustrations and Text. In case of any difference of meaning or implication between the text of this title and any heading, drawing, table, figure or illustration, the text shall control;
9. Lists and Examples. Unless otherwise specifically indicated, lists of items or examples that use terms such as “including”, “such as”, or similar language are intended to provide examples, not to be an exhaustive lists of all possibilities;
10. Computation Of Time. References to days are calendar days. Exclude the first day and include the last day. If the last day is a Saturday, Sunday or holiday observed by the Town, that day shall be excluded;
11. References to Other Regulations, Publications and Documents. Whenever reference is made to a resolution, ordinance, statute, regulation or document, it shall be construed as a reference to the most recent edition of such regulation (as amended), resolution, ordinance, statute, regulation or document, unless otherwise specifically stated;
12. Technical and Nontechnical Terms. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning;
13. Public Officials and Agencies. All public officials, bodies and agencies to which references are made are those of Fairfield Town unless otherwise indicated;
14. Mandatory and Discretionary Terms. The words “shall”, “will”, and “must” are always mandatory. The words “may” and “should” are advisory and discretionary terms;
15. Conjunctions. Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows;
a. “And” indicates that all connected items, conditions, provisions, or events apply; and
b. “Or” indicates that one or more of the connected items, conditions, provisions or events may apply;
16. Tenses and Plurals. Words used in one tense (past, present or future) include all other tenses, unless the context clearly indicates the contrary. The singular includes the plural, and the plural includes the singular.