41.1  Air pollution: No dust, dirt, fly ash or smoke and no offensive odors or noxious, toxic or corrosive fumes or gases shall be emitted into the air from any lot so as to endanger the public health or safety, to impair safety on or the value and reasonable use of any other lot, or to constitute a critical source of air pollution.

41.2  Noise: With the exception of time signals and noise necessarily involved in the construction or demolition of buildings and other structures, no noise shall be transmitted outside the lot where it originates when noise has a decibel level, octave band, intermittance and/or beat frequency which would endanger the public health or safety or impairs safety on or the value and reasonable use of any other lot.

41.3  Vibration: With the exception of vibration necessarily involved in the construction or demolition of buildings, no vibration shall be transmitted outside the lot where it originates.

41.4  Land and water pollution: No refuse or other waste materials shall be dumped on any lot except with the approval of the director of health of the Borough of Naugatuck and the zoning commission. No refuse or other waste materials and no liquids shall be dumped on any lot or dumped or discharged into any river, stream, watercourses, storm drain, pond, lake or swamp so as to constitute a source of water pollution. No construction or development of land shall occur within fifty (50) feet of a wetlands area or watercourse (boat and pump houses exempt).

41.4.1 No modification of wetlands or watercourses or creation of wetlands shall be done without approval by the inland wetlands commission.

41.5  Danger: No material which is dangerous due to explosion, extreme fire hazard or radioactivity shall be used, stored, manufactured, processed or assembled except in accordance with applicable codes, ordinances and regulations of the Borough of Naugatuck, State of Connecticut and federal government.

41.6  Radio interference: No use of any lot shall cause interference with radio and television reception on any other lot and any use shall conform to the regulations of the federal communications commission with regard to electromagnetic radiation and interference.

41.7  Determination of compliance: In the event of doubt as to whether a proposed use will conform to the above performance standards, the zoning enforcement officer shall not approve the application for a certificate of zoning compliance and shall defer decision to the zoning commission for an interpretation as to compliance with the performance standards.

42.1  General: It is the purpose and intent of this section to assure that parking spaces and loading spaces are provided off the street in such number and with suitable design and construction to accommodate the motor vehicles of all persons normally using or visiting a use, building or other structure at any one (1) time. Off-street parking and loading spaces required to be provided by this section shall be permanently maintained and made available for occupancy in connection with and for the full duration of the use of land, buildings and other structures for which such spaces are herein required. If any existing use of land[,] buildings or other structures, conforming to the requirements of this section, is changed to a use requiring additional off-street parking or loading space to comply with this section, the additional spaces shall be provided for the new use in accordance with the standards hereinafter specified. All off-street parking and loading spaces hereafter established shall conform to the design and construction standards specified in this section as well as to the site development and landscaping standards of section 24 and any conditions attached to the approval of a special permit under these regulations.

42.2  Definitions: For the purpose of this section, one (1) parking space shall constitute an area with such shape, vertical clearance, access and slope as to accommodate one (1) automobile having an overall length of twenty (20) feet and shall contain an area of one hundred eighty (180) square feet, except that the minimum area may be reduced to one hundred sixty (160) square feet for spaces located in or on a building or structure. One (1) loading space shall constitute an area sufficient in size and arrangement to accommodate trucks of the type servicing the establishment.

42.3  Design standards: Each parking space shall be provided with adequate area for an automobile having an overall length of at least twenty (20) feet, to approach and exit and execute any necessary backing and turning movements without need to use any part of a street right-of-way. Points of entrance and exit for driveways onto the street shall be located so as to minimize hazards to pedestrian and vehicular traffic in the street. Driveways at points of entrance and exit onto the street shall be designed in such a manner that any automobile or any truck ordinarily servicing the establishment may execute normal turning movements without resorting to wide turns or other maneuvers which would be hazardous to the flow of traffic. No off-street loading space, including any truck loading bay, ramp or dock, shall be designed or arranged in a manner that trucks must back within any part of a street right-of-way in order to use such space. The restrictions of this paragraph, however, shall not apply to parking spaces provided in connection with a dwelling containing one (1) or two (2) dwelling units or a permitted office, customary home occupation or rooms to let in a dwelling.

42.4  Construction standards: All off-street parking and loading spaces shall be suitably improved, graded, stabilized and maintained so as to cause no nuisance or danger from dust or from stormwater flow onto any public street. Except for necessary driveway entrances and except for parking spaces provided in connection with a dwelling containing one (1) or two (2) dwelling units or a permitted office, customary home occupation or rooms to let in a dwelling unit, any area for off-street parking and loading located within ten (10) feet of any street line shall be separated from such right-of-way by a concrete curb, a fence, or a wall or by an embankment not less than twenty-four (24) inches in height, and shall be provided with the curb, fence, wall or embankment in such a manner that vehicles will not overhang the street line.

42.5  Parking spaces—Number and location: For each use of land, buildings and other structures, off-street parking spaces shall be provided in such number and in the location specified as follows:

42.5.1  Dwelling containing one (1) or two (2) dwelling units: two (2) spaces for each dwelling unit and located on the same lot with the dwelling.

42.5.2  Dwelling containing more than two (2) dwelling units: three (3) spaces for each dwelling unit rounded off to the next highest number and located on the same lot with the dwelling.

42.5.3  Professional or business office in a dwelling unit: three (3) spaces per professional person or business proprietor, located on the same lot with the dwelling.

42.5.4  Place of worship, theater, assembly hall, or stadium: one (1) space for each four (4) seats total capacity and located on the same lot with the building or on a lot distant not more than five hundred (500) feet in a direct line from the principal entrance to the structure.

42.5.5  Hospital, convalescent home, sanitarium: one (1) space for each three (3) beds for patients and located on the same lot with the building.

42.5.6  Rooms to let in a dwelling: one (1) space for each two (2) beds for guests and located on the same lot with the dwelling.

42.5.7 Retail stores, business and professional offices, financial institutions, and medical and dental clinics in business district #2: one (1) space for each one hundred (100) square feet of ground floor area of the building and one (1) space for each three hundred (300) feet of upper floor area, and located on a lot distant not more than three hundred (300) feet in a direct line from the building. Any parking area involving more than twenty-five (25) spaces shall submit an acceptable traffic flow pattern with visual enhancements to the planning commission. Shopping centers with a total ground floor area exceeding one hundred thousand (100,000) square feet, containing retail stores, business and professional offices, financial institutions and restaurants are to have a minimum of one (1) parking space for each one hundred sixty-five (165) square feet of floor area in such shopping center.

42.5.8  Retail stores, business and professional offices, financial institutions, medical and dental clinics in other than business district #2: one (1) space for each one hundred fifty (150) square feet of ground floor area of the building and one (1) space for each four hundred (400) square feet of upper floor area and located on a lot distant not more than three hundred (300) feet in a direct line from the building.

42.5.9  Motor vehicle service stations and repair garages and establishments for motor vehicle washing: ten (10) spaces, plus five (5) spaces for each garage bay in excess of two (2) and located on the same lot with the building.

42.5.10  Undertaker's establishment: fifteen (15) spaces and located on a lot distance [distant] not more than three hundred (300) feet in a direct line from the building.

42.5.11  Hotels and motels: one (1) space for each sleeping room and located on the same lot with the building; plus two (2) spaces for each ten (10) sleeping rooms and located on a lot distant not more than three hundred (300) feet in a direct line from the building (Section 42.5.12 may also apply).

42.5.12  Restaurants, taverns, bars, night clubs and dance halls: one (1) space for each seventy-five (75) square feet of patron floor area and located on a lot distant not more than three hundred (300) feet in a direct line from the building.

42.5.13  Warehouses, wholesale businesses, trucking terminals, contractors businesses, research laboratories, office buildings (not primarily serving customers or clients on the premises) and establishments for the manufacture, processing or assembling of goods: one (1) space for each one and half (1.5) employees during the largest daily work shift period and located on a lot distant not more than five hundred (500) feet in a direct line from the building.

42.5.14  Bowling alleys: five (5) spaces for each alley and located on a lot distant not more than three hundred (300) feet in a direct line from the building.

42.5.15  Day care/nurseries: one (1) space per five (5) students and one (1) space for each employee on a shift.

42.5.16  Other uses: sufficient off-street parking spaces shall be provided in connection with any use not listed in paragraphs 42.5.1 through 42.5.14, as approved by the resolution of the zoning commission as sufficient to preserve the purpose and intent of this section.

42.6  Classification of uses: Whenever two (2) or more classifications provided in paragraph 42.5 shall apply to a use of land, buildings or other structures the standards requiring the larger number of parking spaces shall apply, but where separate parts of a building or structure are used for purposes requiring a different number of parking spaces, the number of required spaces shall be determined by adding the number of spaces required for each type of use.

42.7  Loading spaces—Number and location: Each hospital, hotel, motel, retail store building, undertaker's establishment[,] restaurant, tavern, bar, night club, warehouse, wholesale business, trucking terminal, contractors business, research laboratories, office building and establishment for the manufacture, processing or assembling of goods having a ground floor area in excess of five thousand (5,000) square feet shall have one (1) off-street loading space for each thirty thousand (30,000) square feet of gross floor area or fraction thereof excluding basement and located on the same lot with the building or as provided in paragraph 42.8.

42.8  Joint use of space: Except where off-street parking spaces are required under paragraph 42.5 to be located on the same lot with the building, joint parking areas and loading spaces may be established by the owners of separate lots in order to provide the total number of off-street parking and loading spaces required.

42.9  Parking exempt areas: The zoning commission after due notice and public hearing as required for adoption or amendment of these regulations may delineate areas of the borough which shall be exempt from the required provision of off-street parking spaces under paragraph 42.5. Such delineation shall be shown on the zoning map and may be made only after the commission determines that the Borough of Naugatuck, or a combination of the borough and property owners, will provide sufficient and permanent off-street parking spaces to carry out the purpose and intent of this section.

42.10  Parking space shall be independent: No area may be designated as a parking space when movement of a vehicle from another area which has been properly designated as a parking space in accordance with this section of these regulations.

42.10.1  Exception: Any space that shall fall into the category of an [a] fully enclosed garage.

43.1  General: No sign shall be established, constructed, reconstructed, enlarged, moved or structurally altered until an application for a certificate of zoning compliance therefor has been approved by the zoning enforcement officer. All signs shall conform to the provisions hereinafter specified.

43.2  Definitions: For the purpose of these regulations, the term "sign" shall include every sign, billboard, illustration, insignia, lettering, picture, display, banner, pennant, flag or other device, however made, displayed, painted, supported or attached, intended for use for the purpose of advertisement, identification, publicity or notice, when located out of doors and visible from any street or from any lot other than the lot on which the sign is located. The term "sign" shall include continuous strip lighting and shall not include any flag, pennant or insignia of any government unit or any sign located within the right-of-way of any public street when authorized by the board of burgesses of the Borough of Naugatuck in accordance with the general statutes of the State of Connecticut.

43.3  Standards for all districts: Signs shall conform to the following standards applicable in all districts:

43.3.1  Purpose: All signs shall pertain only to goods sold, services rendered and establishments, enterprises, activities, persons, organizations and facilities on the lot where the sign is located except for (a) signs located in business district #1 and (b) signs used in campaigns for public office which may be erected in other than residence districts at election time for a period not exceeding sixty (60) days.

43.3.2  Location: No sign shall be located within or hang over the right-of-way of any street, except that a sign attached to the wall of a building and parallel to such wall may project fifteen (15) inches into such right-of-way.

43.3.3  Projecting and hanging signs: No sign shall project over or hang over any sidewalk, driveway, walkway, roadway or accessway except that signs attached to the wall of a building may thus project not more than five (5) feet therefrom, provided that such projection does not occur within ten (10) feet vertical clearance of the ground and provided the sign does not overhang a public street right-of-way.

43.3.4  Obstructions: No sign shall be located or maintained so as to be a hazard to traffic or pedestrians, to obstruct any door, window, ventilation system or fire escape or exit, or to cause any other hazard to the public health or safety.

43.3.5.  Light and motion: No flashing, revolving or moving signs or continuous strip lighting will be permitted. All lighting of signs in the residence districts shall be indirect with the source of illumination not visible from any street or from any lot other than the lot on which the sign is located.

43.4  Residence and residence-office districts: In addition to the standards specified in paragraph 43.3 signs in residence and residence-office districts shall conform to the following standards:

43.4.1  Purpose: Signs shall be limited to the following:

a.

On premises which are for sale or for rent, not more than two (2) signs which shall advertise only the premises, provided that each sign shall have an area not exceeding six (6) square feet.

b.

On any lot containing a farm, place of worship, parish hall, cemetery, museum, school, college, university, membership club, charitable institution, hospital, recreation facilities, nature preserve, wildlife sanctuary, convalescent home, sanitarium, public utility or buildings, uses and facilities of the Borough of Naugatuck, State of Connecticut or federal government or in residence-office districts, business and professional offices, banks and other financial institutions, medical and dental clinics and undertaker's establishment one (1) sign not exceeding sixteen (16) square feet in area.

c

Two (2) signs not exceeding a total of three (3) feet in area, identifying the occupant of the lot.

d

Private warning and traffic signs with no advertising thereon, each not exceeding three (3) square feet in area, located and intended primarily for warning and traffic-control purposes.

43.4.2  Location: No sign shall extend within less than ten (10) feet of any street line or property line, but signs permitted under paragraph[s] 43.4.1(c) and 43.4.1(d) may extend to the street line. No sign shall be located on any roof and no sign attached to a building shall project above the top of the wall of the building. Signs attached to buildings may project into the area required for setbacks provided that the sign does not project more than fifteen (15) inches from and is parallel to the wall of the building.

43.4.3  Height: No sign supported from the ground shall exceed a height of eight (8) feet in a residence district or residence-office district.

43.5  Other than residence districts: In addition to the standards specified in paragraph 43.3, signs in other than residence districts shall conform to the following standards:

43.5.1  Setbacks: Signs shall observe all setbacks required for buildings and other structures except as follows:

a.

Signs of the type specified under paragraph[s] 43.4.1(c) and 43.4.1(d).

b.

Signs attached to buildings may project into the area required for setbacks provided that the sign does not project more than fifteen (15) inches from and is parallel to the wall of the building.

c.

On any lot, one (1) sign may extend to within ten (10) feet of any street line provided that the sign does not exceed forty (40) square feet in area, except that the maximum area of such sign may be increased by up to forty (40) additional square feet for each one hundred (100) lineal feet frontage up to a maximum of one hundred sixty (160) square feet.

43.5.2  Height and area: Any sign which is not attached to or mounted on a building shall not exceed a height of twenty (20) feet and shall not exceed an area of one hundred twenty (120) square feet. Any sign attached to or mounted on a building shall project above the highest point of the roof of the building or more than four (4) feet above the wall of the building, whichever is higher. Signs attached to a wall of a building plus signs mounted on the roof of the building and designed to be viewed from the same side of the building as such wall shall not have an aggregate area greater than ten (10) percent of the area of such wall.

43.5.3  Exceptions: Notwithstanding the provisions of paragraphs 43.5.2 and 43.5.3, the borough planning commission may grant a special permit in accordance with the procedures, standards and conditions of section 32, to permit signs of greater height and area in other than residence districts.

43.6  Measurements: Any sign may be double facing and only one (1) face shall be counted in determining conformity to sign area limitations. All dimensions for signs shall be based on measurements to the outside edge of the sign excluding any structure necessary to support the sign. The area of any sign shall be the entire area encompassed by the perimeter of the sign, which perimeter shall be the polygon formed by connecting all the outermost edge or points of the sign.

43.7  Site plans and special exceptions: Limitations on signs which may be imposed in connection with the granting of a special permit under these regulations are in addition to the provisions of this section.

43.8  Borough sign ordinance: All signs shall also be constructed and maintained in accordance with the applicable provisions of the borough ordinance pertaining to signs.

43.9  Measurements: All permits for permanent signs over forty (40) feet in size will expire three (3) years from dated permit. A new application shall be submitted and reapproval given by the planning commission if the following considerations are met:

1.

That the sign has proven to be aesthetically correct;

2.

That the structure is safe;

3.

That the sign has been painted and maintained; and

4.

That a public hearing may be necessary.

The permit form "Application for Erection of Sign" shall have note thereon the following:

"This permit expires three (3) years from the date entered if sign exceeds forty (40) square feet in area."

Said permit forms with change will be available in the office of the building inspector, Borough of Naugatuck.

44.1  Intent: It is the intent of these regulations that nonconformaties are not to be expanded and that the existence of any existing nonconformity shall not in itself be considered grounds for the issuance of a variance for any other property.

44.2  Definitions: A nonconforming use, building or other structure or lot is one which exists lawfully, whether by variances or otherwise, on the date these regulations or any amendment hereto became effective, and which fails to conform to one (1) or more of the provisions of these regulations or such amendment hereto. No nonconforming use, building or structure, or lot shall be deemed to have existed on the effective date of these regulations unless (1) it was actually in being on a continuous basis on such date, and (2) if such nonconformity is a use, such use had not been discontinued within the meaning of paragraph 44.5.

44.3  Approved permits and certificates: Unless otherwise specifically provided in these regulations, nothing in these regulations shall require any change in the use of any land, building or other structure, or part thereof, or in the area, location, bulk or construction of any building or other structure for which a certificate of zoning compliance shall have been lawfully approved and any required certificate of occupancy shall have been lawfully issued even though such use, building or structure does not conform to one (1) or more provisions of these regulations or any amendment hereto.

44.4  Change in plans: Subject to the time limitations of paragraph 44.4.1 nothing in these regulations shall be deemed to require any change in the proposed use of any land, building or other structure or the area, location, bulk or construction of any building or other structure for which an application for certificate of zoning compliance has lawfully been approved and any required building permit shall have been lawfully issued even though such proposed use, building or other structure does not conform to one (1) or more provisions of these regulations or any amendment hereto.

44.4.1  Time limit: An approved application for a certificate of zoning compliance authorizing a proposed use, building or other structure that does not conform to one (1) or more provisions of these regulations or any amendment hereto, as described in paragraph 44.4, shall become null and void unless (1) the use authorized thereby shall have been established within one (1) year from the effective date of such regulations or any amendment thereto when such use does not involve the establishment of a building or other structure for which an application for a certificate of zoning compliance must be approved or (2) the use [of] building or other structure authorized thereby shall be established and completed within two (2) years from the effective date of such regulations or any amendment thereto. The zoning board of appeals may grant one (1) extension of such periods for an additional period not to exceed one (1) year after the public hearing for good cause demonstrated to the satisfaction of the board.

44.4.2  Previous regulations: The provisions of paragraph[s] 44.4 and 44.4.1 shall apply to building permits and certificates of occupancy issued under the zoning regulations in effect prior to these regulations.

44.5  Discontinuance: No nonconforming use of land, buildings or other structures which shall have been discontinued for a continuous period of one (1) year shall thereafter be resumed or replaced by any other nonconforming use.

44.6  Repair: Nothing in this section shall be deemed to prohibit work on any nonconforming building or other structure when required by law to protect the public health or safety and when ordered by the fire marshal or director of health, provided that such work does not increase the nonconformity. Nothing in this section shall be deemed to prohibit work or ordinary repair and maintenance of a nonconforming building or other structure or replacement of existing materials with similar materials.

44.7  Enlargement: No conforming use of land shall be enlarged, extended or altered, no building or other structure or part thereof devoted to a nonconforming use shall be enlarged, extended, constructed, reconstructed or structurally altered, except where the result of such changes is to reduce or eliminate the nonconformity. No nonconforming use of a building or other structure shall be extended to occupy land outside such building or other structure or space in another building or other structure. No nonconforming building or structure shall be enlarged, extended, constructed, reconstructed or altered, if the result would be an increase in nonconformity.

44.8  Moving: No nonconforming use of land shall be moved to another part of a lot or outside the lot, and no nonconforming use of a building or other structure shall be moved or extended to any part of the building or other structure not manifestly arranged and designed for such use at a time the uses became nonconforming, and no building or other structure containing a nonconforming use shall be moved, unless the result of any such move is to end the nonconformity. No nonconforming building or other structure shall be moved unless the result of such moving is to reduce or eliminate its nonconformity.

44.9  Change: No nonconforming use of land, building or other structure shall be changed to any use which is substantially different in nature and purpose from the former nonconforming use except such uses as are permitted as of right in the district in which they are to be located. No nonconforming use of land, building or other structure of [if] once changed to conform or to more nearly conform to these regulations shall thereafter be changed so as to be less conforming again. No nonconforming building or structure if once changed to conform or to more nearly conform to these regulations shall thereafter be changed so as to be less conforming again.

44.10  Casualty: If any nonconforming building or other structure or any building or structure containing a nonconforming use shall be damaged by fire or other casualty to such an extent that more than sixty (60) percent of its floor area is not usable under the building and fire safety codes applicable in the borough, as determined by the building inspector on advice of the borough fire marshal and borough engineer, such building or other structure shall not be reconstructed or repaired and such use shall not be resumed unless the building, structure and use are made to conform in all respects to these regulations. Where the casualty affects forty (40) percent or less of its floor area, as above determined the building or other structure may be reconstructed or repaired and any nonconforming use resumed, provided that such reconstruction is started within a period of one (1) year from such casualty and is diligently prosecuted to completion. In the event of failure to start such reconstruction or repair within a period of one (1) year from such casualty, or within such additional period, not exceeding six (6) months, as the commission may grant upon written application made to it, the right under this paragraph to reconstruct or repair such building or other structure and the right to resume such nonconforming use shall be lost and terminated.

44.11  Lots: A parcel of land, which fails to meet the area, shape or frontage or any other applicable requirements of these regulations pertaining to lots, may be used as a lot, and a building or other structure may be constructed, reconstructed, enlarged, extended, moved or structurally altered thereon, provided that all of the following requirements are met:

44.11.1 The use, building or other structure shall conform to all other requirements of these regulations;

44.11.2 The use shall not be a use for which a special permit is required in schedule A;

44.11.3 The parcel shall have existed as a separate lot in the Borough of Naugatuck land records at the inception of zoning in Naugatuck, June 6, 1958, or shall have been a conforming lot at the time of its creation, and shall not have been joined to or absorbed into any other parcel since that time.

44.12  Title: No change of title, possession or right of possession shall be deemed to affect right to continue a nonconforming use, building or other structure.

44.13  Performance standards: Any use, building or other structure which does not conform to one (1) or more of the performance standards of section 41, performance standards, shall not be changed to increase such nonconformity but may be changed to decrease or eliminate such nonconformity. Any such nonconformity so reduced or eliminated shall not be resumed.

44.14  Off-street parking and loading: Any use, building or other structure which does not conform to one (1) or more of the provisions of section 42, off-street parking and loading, shall continue to conform to such provisions to the extent that it conforms on the effective date of such section. Any use of land, buildings or other structures which does not conform to one (1) or more of the provisions of section 42 shall not be changed to a use which would need additional off-street parking and loading spaces to comply with the provisions of section 42 unless such spaces are provided as required for the new use under section 42.

44.15  Signs: Signs of a size or type not permitted in the district in which they are situated, or which are improperly located or illuminated, or which are nonconforming in any other way, shall be considered nonconforming structures under this section, and any increase in size, illumination, or flashing of such signs shall be deemed to be an enlargement or extension producing an increase in nonconformity.

45.1  General: In addition to the other applicable requirements of these regulations, the use of land, buildings and other structures for the storage, sale or exchange of spirituous and alcoholic beverages shall conform to the following standards:

45.1.1 No building or premises shall be used for the sale or exchange of spirituous and alcoholic beverages for consumption upon the premises if any part of such building or premises is situated within less than five hundred (500) feet in a direct line from any other building or premises upon which spirituous and alcoholic beverages are stored, sold or exchanged for consumption upon the premises.

45.1.2 No building [or] premises shall be used for the sale or exchange of spirituous or alcoholic beverages either at wholesale or retail or whether for consumption upon the premises or otherwise, or for storage of spirituous and alcoholic beverages for the purpose of sale or exchange, if any part of such building or premises is situated within less than three hundred (300) feet in a direct line from any part of any building used for the purpose of a public school, a duly organized school other than a public school, charitable institution whether supported by public or private funds, or a hospital, or library. (5-30-86)

45.1.3 No building or premises shall be used for the sale or exchange of spirituous and alcoholic beverages, either at wholesale or retail, for consumption off of the premises, if any part of such building or premises is situated within less than one thousand five hundred (1,500) feet in a direct line from any other building or premises upon which spirituous and alcoholic beverages are stored, sold or exchanged for consumption off the premises, except if said building or premises is licensed by the State of Connecticut for sale of such beverages under a grocery beer permit, then said premises shall not be required to conform to the minimum distance requirements set forth in this paragraph.

45.1.4 If the use of any building or premises for the storage, sale or exchange of spirituous and alcoholic beverages shall be discontinued for a period of sixty (60) days, and such use does not conform to the minimum distance requirements of paragraph 45.1.1 or 45.1.2 or 45.1.3, such building or premises shall not again be used for the storage, sale or exchange or [of] spirituous and alcoholic beverages except in conformity with the provisions of this section 45.

46.1  Purpose: The flood plain district recognizes that there are areas within the Borough of Naugatuck that are subject to potential, periodic, occasional or frequent flooding and which function as part of the natural drainage system. These regulations serve to establish necessary minimum standards and review procedures over the use [of] land in the flood plain district in order to: reduce flooding hazard to human life and health, reduce flood damages to public and private property, minimize disruptions of commerce and governmental services, protect values, maintain the natural drainage system's capacity to safely store and transport flood waters and minimize damaging flood erosion and any increases in downstream flood potential.

46.2  Definitions: For the purpose of this section, certain words shall have the following meanings:

46.2.1  Base flood: The flood having a one-percent chance of being equalled or exceeded in any given year.

46.2.2  Base flood elevation: The elevation of the base flood as recorded on the flood hazard boundary map and accompanying stream profile data.

46.2.3  Floodway: The high risk channel area of a watercourse and adjacent land area that must be reserved to discharge the base flood without increasing water surface elevation more than one (1) foot.

46.2.4  Development: Any manmade change to improve or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.

46.2.5  New construction: Structures for which the start of construction commenced on or after the effective date of this section.

46.2.6  Start of construction: The first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. For mobile homes in mobile home parks, it is the completion date of facilities to service the mobile home site.

46.2.7  Structure: A walled and roofed building, a mobile home, or a gas or liquid storage tank, that is principally aboveground.

46.2.8  Substantial improvement: Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either before the improvement or repair is started or before the damage occurred if the structure has been damaged and is being restored.

46.3  General standards: In the flood plain district no structure shall be constructed, reconstructed, enlarged, extended, moved or structurally altered, no land use shall be established and no land shall be filled, graded or excavated until the zoning enforcement officer has approved a plan for the proposed structure, land use or alteration of land contour. Such approval shall not be granted or permit issued unless the plan complies with all of the following requirements:

46.3.1 New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated at least two (2) feet above the base flood elevation.

46.3.2 New construction and substantial improvement of any nonresidential structure shall have the lowest floor, including basement, either elevated or floodproofed to at least two (2) feet above the base flood elevation. Floodproofing shall conform with standards set by the Federal Insurance Administration and shall be certified by a registered professional engineer or architect.

46.3.3 All mobile homes shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors conforming with standards set by the Federal Insurance Administration, section 19.10.3(B) (8) of the Federal Register, Tuesday, October 26, 1976. For new mobile homes or the expansion or substantial improvement of existing mobile home parks, stands or lots shall be elevated so that the lowest floor of the mobile home will be at least two (2) feet above the base flood elevation and adequate surface drainage and access for a hauler shall be provided. No mobile home shall be placed in a floodway except in an existing mobile home park.

46.3.4 No encroachment including fill, new construction, substantial improvements and other development shall be permitted in a floodway unless a technical evaluation demonstrates that the encroachment will not result in any increase in flood levels during the base flood discharge. All other flood plain district standards must also be satisfied.

46.3.5 New construction and substantial improvements shall be constructed of materials and utility equipment resistant to flood damage and using methods and practices that minimize flood damage.

46.3.6 New and replacement water systems shall be designed to minimize infiltration of flood waters.

46.3.7 New and replacement sanitary systems shall be designed to minimize infiltration of flood waters and discharge from the systems into flood waters. On-site sanitary disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

46.3.8 Structures and improvements shall be designed to cause the least possible impediment to the flow of flood water and debris.

46.4.9 No outdoor storage of such materials shall be permitted which would tend to be floated by flood water and cause obstructions downstream.

46.3.10 Any reduction in the water-holding capacity of the flood plain caused by structures, improvements, filling or regrading of land shall be compensated by deepening and widening of the flood plain, prior to issuance of a building permit.

46.4  Application: Application for approval of a development in a flood plain shall be submitted to the zoning enforcement officer and it shall include the following:

46.4.1 Eight (8) copies of a plot plan of the premises, drawn to scale and certified by and bearing the seal of a land surveyor and professional engineer, licensed to practice in the State of Connecticut, showing the actual shape and dimensions of the lot[,] the size and location of all existing and proposed structures and land uses, the layout of parking and loading facilities, where applicable and access thereto, existing and proposed grades base flood elevations data and limits of the flood plain area. This section may be waived by the zoning commission.

46.4.2 Such other information as required by the zoning enforcement officer to determine compliance with this ordinance.

46.5  Procedure: The zoning enforcement officer shall approve, disapprove or approve with modifications the proposed plans. On [One (1)] copy of the approved plan, the approval noted thereon, shall be filed with the zoning enforcement officer, one (1) copy shall be made available to the applicant and one (1) copy shall be filed with the building inspector.

46.6  Conditions: No building permit shall be issued which is not in conformance with the approved plan and with any other regulations governing the use of the applicant's property.

46.7  Information to be recorded: The zoning enforcement officer shall record and maintain a record of the actual elevation of the lowest floor, including basement, of all new substantially improved structures in the flood plain district. The zoning enforcement officer shall also record actual elevation and floodproofing certifications for all new or substantially improved floodproofed structures.

46.8  Alteration of watercourses: The zoning enforcement officer shall notify adjacent municipalities and the water resources unit of the Connecticut Department of Environmental Protection prior to any alteration or relocations of a watercourse and submit evidence of such notification to the Federal Insurance Administration.

46.9  Variances: As provided by section 51, the zoning board of appeals may hear and decide requests for variances from the requirements of section 46, flood plains, and may attach such conditions to the granting of a variance as it deems necessary to further the purposes of this section. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard[,] to afford relief. If any increase in flood levels during the base flood discharge would result [sic]. In granting a variance, the zoning board of appeals shall:

46.9.1 Give written notice to the applicant that the structure will be permitted to be built with the lowest floor elevated below the base flood elevation. Such notice shall also advise the applicant that the project is not exempted from flood insurance requirements and that insurance costs will commensurate with the increased risk resulting from the reduced lowest floor elevation.

46.9.2 Maintain the records of all appeals, including technical information and report any variances to the Federal Insurance Administration upon request.