1.1. Applicability: Within the City of Shelton, no land, building or other structure shall be used and no building or other structure shall be constructed, reconstructed, enlarged, extended, moved or structurally altered except in conformity with these regulations. No lot or land shall be subdivided, sold, encumbered or transferred so as to make a lot nonconforming or more nonconforming, to reduce any setback, yard, court, open space or off-street parking and loading spaces to less than is required by these regulations or to make any nonconforming setback, yard, court, open space or off-street parking and loading spaces more nonconforming.

2.1. General: The certificate of zoning compliance is issued by the planning and zoning commission as the final step in a process which includes, where appropriate, the issuance of a building permit and the completion of all necessary action prior to the issuance of a certificate of occupancy. In certain special instances, a temporary certificate of zoning compliance may be issued as an interim step in this process.

2.2. Application for Certificate of Zoning Compliance: The application for certificate of zoning compliance must be completed by the applicant and reviewed by the zoning enforcement officer. Upon determination by the zoning enforcement officer that the information on the application conforms with the zoning regulations, permission to obtain a building permit is granted by the zoning enforcement officer. Within fourteen (14) days of that permission, the planning and zoning commission will either approve the application or contact the applicant concerning any necessary changes or alterations. No land, building, or other structure or part thereof, or use thereof, shall be occupied, changed in use, constructed, reconstructed, enlarged, extended, moved or structurally altered until such application for a certificate of zoning compliance shall have been approved by the planning and zoning commission. No such application, however, is required for a farm or truck garden use when no building or other structure is proposed. All construction activity under an approved application shall be initiated within six (6) months of date of approval and completed within two (2) years or the application shall be deemed void. The planning and zoning commission may grant one (1) extension for an additional period not to exceed one (1) year.

2.3. Certificate of Zoning Compliance: Following completion of any construction or modifications in accordance with the approved application for certificate of zoning compliance, and prior to the issuance of any certificate of occupancy, the zoning enforcement officer shall inspect the property to insure conformity with these regulations and the application. Following the inspection, the zoning enforcement officer shall file a report with the planning and zoning commission. At the next duly convened regular meeting of the planning and zoning commission following receipt of said report, the planning and zoning commission shall take final action on the issuance of the certificate of zoning compliance.

2.4. Temporary Certificate of Zoning Compliance: In accordance with any rules and procedures established by the planning and zoning commission, the zoning enforcement officer is authorized to issue a temporary certificate of zoning compliance, having a duration of not more than six (6) months, for the temporary use of land, buildings and other structures in the process of completion in conformity with these regulations and for which an application for a certificate of zoning compliance has been approved by the planning and zoning commission.

2.5. Approved Application: Unless otherwise specifically provided in these regulations, nothing in these regulations shall require any change in the use of any land, buildings, or other structures, or part thereof, or any plans or construction for which an application for a certificate of zoning compliance or a certificate of zoning compliance shall have been approved or issued pursuant to law, and any building permit shall have been issued, the construction of which shall be lawfully in progress on the effective date of these regulations or amendment hereto, provided that construction shall be promptly and diligently prosecuted as provided in paragraph 2.5.1.

2.5.1. Time limit: An approved application for a certificate of zoning compliance that authorizes plans, construction or a use which does not conform to any amendment of these regulations made effective subsequent to the approval of such application shall become null and void unless the use authorized thereby shall at least have the construction authorized thereby, diligently prosecuted and the ground story of any building be completed within one (1) year from such effective date and the entire building completed within two (2) years from such effective date. The planning and zoning commission may grant one (1) extension for an additional period not to exceed one (1) year after the original two-year period.

2.6. Conflict with Amendments: Notwithstanding the provisions of paragraph 2.5, no application for a certificate of zoning compliance shall be approved by the planning and zoning commission authorizing plans, construction or a use which do not conform to any proposed amendment of these regulations if the first notice of a hearing on such amendment has been published in a newspaper as required by the General Statutes of the State of Connecticut. If, however, the proposed amendment has not been adopted and made effective within sixty-five (65) days from the date of such first published notice, the application for a certificate of zoning compliance shall be promptly approved by the planning and zoning commission provided that all applicable requirements of these regulations have been met.

3.1. Zoning Enforcement Officer: There shall be a zoning enforcement officer who shall be appointed in accordance with the City of Shelton's Charter and Personnel Merit System. The zoning enforcement officer shall report to the chairman of the planning and zoning commission or his designee for his regular duties, and to the director of inspection and compliance for administrative purposes. The zoning enforcement officer shall have the responsibility and authority to enforce the provisions of these regulations in accordance with administrative rules and procedures established by the planning and zoning commission.

3.2. Application for Certificate of Zoning Compliance: Application for a certificate of zoning compliance shall be submitted to the zoning enforcement officer prior to construction, reconstruction, extension, enlargement, moving or structural alteration of any building or other structure and prior to the use or occupancy of any land, building or other structure. The application shall be accompanied by a plan drawing or drawings in duplicate, drawn to scale, and showing the following:

3.2.1. The area of the lot and the dimensions of all lot lines;

3.2.2. The setbacks, dimensions, height, use, floor area and ground coverage of all buildings and other structures, whether existing or proposed;

3.2.3. The location, area and dimensions of off-street parking and loading spaces, any construction required in connection therewith and the means of access to such spaces, except that this requirement shall not apply to a dwelling for one (1) or two (2) families;

3.2.4. The location, area and dimensions of any outside storage areas, site development and landscaping features that are subject to the provisions of these regulations, except that this requirement shall not apply to a dwelling for one (1) or two (2) families;

3.2.5. The location of any existing or proposed private sewage disposal system, and requisite approval by the Valley Health District (VHD), as required; and

3.2.6. Such additional information as may be necessary to determine compliance with these regulations.

In addition the application shall be accompanied by other data, statements, plans and drawings necessary to determine compliance with these regulations.

3.3. Site Plans: In addition to the requirement of paragraph 3.2 and only on 23.1 or 31 or when asked for, a site plan shall be submitted with the application for a certificate of zoning compliance.

A site plan, incorporating all of the information required to be shown on the plan drawing specified in paragraph 3.2, may be substituted for such plan drawing.

3.4. Fees: Each application for a certificate of zoning compliance shall be accompanied by an application fee of ten dollars ($10.00) paid to the City of Shelton.

3.5. Building Permit and Sewage Disposal: Notwithstanding the provisions of section 2, no building permit shall be issued as required under the Building Code of the City of Shelton until an application for a certificate of zoning compliance shall have been approved. In addition, where a proposed use of land, buildings, and other structures or a proposed building or other structure involves the installation, extension, relocation or reconstruction of a private sewage disposal system, no application for a certificate of zoning compliance shall be approved until the private sewage disposal system has been approved by the director of the Valley Health District or his authorized agent.

3.6. Inspections: The zoning enforcement officer is authorized to inspect any land, building or other structure as necessary to determine compliance with these regulations. No certificate of zoning compliance shall be issued until the zoning enforcement officer has inspected the land, buildings or other structure involved and has filed a report with the planning and zoning commission stating that the use and/or buildings and other structures conform to these regulations and to the approved application for zoning compliance. Within ten (10) days after any notification by an applicant that the premises are ready for use or occupancy, the zoning enforcement officer shall inspect the premises and file a report with the planning and zoning commission. Upon receipt of report, the planning and zoning commission shall take final action on the certificate of zoning compliance.

No certificate of occupancy shall be issued until the certificate of zoning compliance shall have been approved.

3.7. Orders: The zoning enforcement officer is authorized to issue a stop work order if, in his judgment, the use of land, buildings and other structures or the construction, reconstruction, enlargement, extension, moving or structural alteration of a building or other structure are not being carried out in compliance with these regulations and the approved application for certificate of zoning compliance; he shall withdraw such order when he determines that there is appropriate compliance. The zoning enforcement officer shall also issue or withdraw such order when requested by the planning and zoning commission. The zoning enforcement officer, when authorized by the planning and zoning commission, may order abatement of any violation of these regulations.

3.8. Site Plans, Special Exceptions and Variances: Any maps, plans, documents, statements and stipulations submitted to and approved by the planning and zoning commission and the board of zoning appeals as appropriate in connection with a site plan approval, special exception application, variance application, application for certificate of zoning compliance or other action of such commission under these regulations, and any conditions of such approval of an application for a certificate of zoning compliance and issuance of a certificate of zoning compliance.

3.9. Records: The zoning enforcement officer shall keep records of all applications, certificates of zoning compliance, fees, identifiable under these regulations, stop work orders and notices of violation served by him and the action taken thereon.

3.10. Administrative Rules: The planning and zoning commission may, by resolution, establish rules and procedures necessary to administer and enforce these regulations.

4.1 [Powers and Duties:] The zoning board of appeals shall have all of the powers and duties prescribed by these regulations and the General Statutes of the State of Connecticut, and may adopt rules and procedures necessary to exercise its authority.

4.2. Application Fees: Pursuant to Section 8-1C of the Zoning Statutes, that the schedule of application fees for the zoning board of appeals shall be:

Residential .....$160.00

Commercial .....360.00

(Ord. No. 672, 5-12-94; Ord. No. 793, 9-8-05)

5.1. General: The words used in these regulations shall have the meaning commonly attributed to them. Doubts as to their precise meaning shall be determined by the commission in accordance with the purpose and intent of these regulations. Certain words used in these regulations, however, are defined and explained in paragraphs which follow:

5.2. Amusement Center: The term "amusement center" shall include any location or establishment which houses three (3) or more mechanical and/or electronic amusement devices.

5.2.1. Mechanical and/or electronic amusement device: Any machine or device which, upon the insertion of a coin, slug or token or upon payment of a charge, is operated to register a score or tally of any kind or permits a certain amount of "play" for entertainment or score and which shall include, but not be strictly limited to, such devices as pinball or pingame machines, shuffleboard devices, video and TV-like devices and electronic games.

5.3. Dwelling: A "dwelling" is a building containing one (1) or more dwelling units. One (1) or more buildings may be considered to be a dwelling if designed for occupancy, and so occupied, by only one (1) family.

5.4. Dwelling Unit: A "dwelling unit" is a building or a part of a building designed for occupancy, and so occupied, by one (1) family. Accommodations occupied for transient lodging in a hotel or motel shall not be considered to be a dwelling unit.

5.4.1. One-bedroom dwelling unit: A "one-bedroom dwelling unit" is a dwelling unit in a dwelling containing four (4) or more dwelling units and having only one (1) room exclusive of one (1) bedroom, exclusive of bathroom, kitchen, laundry, pantry, foyer, communicating corridors or closets and exclusive of any dining alcove with less than seventy (70) square feet of floor area.

5.5. Family: A "family" is a person or a group of related persons, plus guests and domestic servants thereof, or a group of not more than six (6) persons who need not be so related, who are living as a single housekeeping unit maintaining a common household. A roomer or boarder to whom rooms are let and/or board is furnished as permitted by these regulations shall not be considered a member of a family for the purpose of this definition.

5.6. Floor Area, Dwellings: In determining compliance with minimum floor area requirements for dwellings and dwelling units and compliance with maximum floor area requirements for an office in a dwelling unit or a customary home occupation in a dwelling unit, only finished livable floor area having a ceiling height of at least seven (7) feet, two (2) inches shall be counted and shall exclude garages, terraces, outside vestibules, bay windows, any basement rooms the full walls of which are not aboveground level, utility rooms for heating apparatus, attics, open porches, enclosed porches not heated by a central heating system for the dwelling, and hallways and other space designed for common use by occupants of two (2) or more dwelling units. Measurements of floor area for any dwelling or dwelling unit shall be taken from the inside surfaces of exterior walls or partitions enclosing the floor area. In computing minimum floor area of a split level dwelling, the upper two (2) levels shall contain the required minimum floor area. Any floor other than a ground floor must have access thereto by a permanent inside stairway to be included in computing floor area.

5.7. Floor Area, Maximum: In computing the total floor area of all buildings and other structures on any lot to determine compliance with maximum floor area provisions of paragraph 24.5 and Schedule B, measurements of floor area shall be taken to the outside surfaces of exterior walls enclosing the floor area.

5.8. Height: The height of a building or other structure shall be measured from the average ground level within ten (10) feet of the building or other structure to the level of the highest main roof. The provisions of these regulations pertaining to maximum height shall not apply to spires, towers, silos, chimneys and flagpoles, also such features as tanks, elevator heating, ventilation, air-conditioning and similar equipment when located on the roof of a building and not occupying more than twenty (20) percent of the area of the roof.

5.9. Junk Yard: The term "junk yard" shall be construed to include any "junk yard," "motor vehicle junk business" and "motor vehicle junk yard," as defined in the General Statutes of the State of Connecticut. The term shall also include any place of storage or deposit, whether in connection with a business or not, for one (1) or more used motor vehicles which are either no longer intended or in condition for legal use on the public highways and shall also include any place of storage or deposit of used parts of motor vehicles and old metals, iron, glass, paper, cordage and other waste materials which on any lot have an aggregate bulk equal to one (1) automobile. In residence districts the term shall also include both the outside storage of unregistered motor vehicles for periods longer than thirty (30) days and the outside storage or deposit of parts or bodies of motor vehicles, each in such a manner as to be visible from any street or any other lot.

5.10. Kennel: The term "kennel" shall have the same meaning as defined in the General Statutes of the State of Connecticut, as amended from time to time.

5.10.1. Commercial kennel: The term "commercial kennel" shall have the same meaning as defined in the General Statutes of the State of Connecticut, as amended from time to time.

5.11. Lot: A "lot" is defined as: (1) a parcel of land meeting the requirements of these regulations; (2) a parcel of land which is owned separately from any adjoining lot or lots as evidenced by deed or deeds recorded in the land records of the City of Shelton; or (3) a building lot shown on a subdivision map approved by the planning and zoning commission.

5.12. Lot, Corner: A "corner lot" is a lot having lot lines formed by the intersection of two (2) streets, whether public or private, and where the interior angle of such intersection is less than one hundred thirty-five (135) degrees. A lot fronting on a curved street shall also be considered a corner lot if the central angle of the curve is less than one hundred thirty-five (135) degrees.

5.13. Lot, Interior: An "interior lot" is a lot which has less than the required minimum frontage on a street as required by Schedule B of these regulations, but which complies with the provisions of section 24, paragraph 24.11.

5.14. Lot Area and Shape: In determining compliance with minimum lot area and shape requirements of these regulations, land subject to easements for drainage facilities and underground public utilities may be included, but no street or highway, easement of vehicular access, private right-of-way for vehicles or easement for above ground public utility transmission lines may be included. Area consisting of ponds, lakes or marsh shall not be used for compliance with more than twenty-five (25) percent of the minimum lot area requirement. Land in a residence district shall not be used to satisfy a lot area requirement in any other district. Land in two (2) or more zoning districts may be used to satisfy a minimum lot area requirement, provided that the requirement of the district requiring the largest lot area is met, but no land in a residence district shall be used to satisfy a lot area requirement in any other district.

5.15. Off-Street Parking and Loading Space: See paragraph 42.2 of section 42.

5.16. Property Line, Rear: A "rear property line" is any property line which is parallel to or within forty-five (45) degrees of being parallel to a street line, except for a lot line that is itself a street line, and except that in the case of a corner lot, only one (1) lot line shall be considered a rear property line.

5.17. Property Line, Side: A "side property line" is any property line which is not a rear property line or a street line.

5.18. Signs: See paragraph 44.2 of section 44.

5.19. Story: A "story" is that portion of a building between the surface or any floor and the surface of the floor, ceiling or roof next above. Attics not used for human occupancy shall not be considered a story. When the ceiling of a basement is five (5) feet or more above the average ground level within ten (10) feet of the building, the basement shall be considered a "story".

5.20. Street: A "street" shall mean any city or state highway, except limited-access state highway, or any street shown on a subdivision map approved by the planning and zoning commission and filed in the land records of the City of Shelton. In determining compliance with minimum frontage on a street for a lot located in industrial districts or light industrial park districts, a street shall also mean a private street, right-of-way or easement of vehicular access, fifty (50) feet or more in width, approved by the planning and zoning commission and shown on a map filed in the land records of the City of Shelton.

5.21. Street Line: The term "street line" shall mean the right-of-way easement or taking line or any public or private street, except limited-access state highway, or of any easement of vehicular access or private right-of-way twenty-five (25) feet or more in width.

5.22. Street, Width: The "width" of a street shall mean the distance between the right-of-way easement or taking line of any public or private street, easement of vehicular access or private right-of-way.

5.23. Trailer: The term "trailer" shall include mobile home and shall also include any vehicle which is used, or suitable for use, as a dwelling, and which is, or may be, mounted on wheels and which is, or may be, propelled either by its own power or by another power-driven vehicle to which it may be attached.

5.24. Trailer Park: The term "trailer park" shall mean any lot or adjoining lots where land is rented, leased or made available for occupancy by two (2) or more trailers.

5.25. Swimming Pool: A swimming pool, aboveground or belowground with a gross water surface area of greater than eighty (80) square feet shall, for the purposes of these regulations, be considered a structure and an accessory use, and shall be subject to the setback standards of Schedule B of the respective zone in which said swimming pool is located. A zoning certificate of compliance shall be required prior to the establishment of the above-mentioned use.

5.26. Limited business office: A "Limited business office" is an activity, other than a professional office, conducted for gain and primarily rendering services to customers and clients not on the premises, but to which the public is sometimes invited or expected to visit in the conduct of the activity. The term may include, but is not limited to, real estate offices, accounting offices, insurance offices, travel agencies, stock brokerage firms, employee placement services, data processing firms and other similar service occupations.