41.1. General: Any use of land, buildings and other structures and any building or other structure, lawfully existing on the effective date of these regulations or any amendment hereto, and which does not conform to one (1) or more of the provisions of these regulations, may be continued in accordance with the following provisions hereinafter specified.

41.2. Enlargement: No nonconforming use, building or structure shall be enlarged and no nonconforming use of land, buildings or other structures shall be extended to include any land, building or other structure, or portion thereof, which is not subject to such nonconformity. Any nonconforming use of a building or other structure, or portion thereof, however, may be extended to include any portion of the building or structure manifestly designed for such use.

41.3. Change in Use: No nonconforming use, building or other structure, if once changed to conform with these regulations, shall thereafter be changed so as to be nonconforming again. No nonconforming use, building or other structure, if once changed to more nearly conform with these regulations, shall thereafter be changed so as to be less conforming again.

41.4. New Use: No nonconforming use of land, buildings and other structures shall be changed to another use unless such new use is substantially the same in nature and purpose as the original nonconforming use or is a conforming use.

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

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

41.7. Casualty: Nothing in these regulations shall prevent the restoration or reconstruction of a building or other structure damaged or destroyed by fire or other casualty, provided that such restoration does not extend the nonconformity and is commenced with eight (8) months after the date of the fire or other casualty and is completed within two (2) years after such date, which periods may be extended by the zoning board of appeals for good cause shown.

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

41.9. Lots: Nothing in these regulations shall prevent the construction, enlargement, extension or structural alteration of a building or other structure on or the use of a lot, as defined in section 5, which does not conform to the area, shape and frontage requirements of these regulations, subject to the following standards and conditions:

41.9.1. The use, building or other structure shall conform to all other requirements of these regulations.

41.9.2. The use shall not be a use for which a special exception is required in Schedule A.

41.9.3. The lot shall have a frontage of twenty (20) feet or more on a street as defined in paragraph 5.17 or on a street approved by the board of aldermen under the provisions of an ordinance entitled "An Ordinance Regulating the Issuance of Building Permits for the Erection of Buildings or Structures on Unaccepted Highways or Streets."

41.9.4. If used for a dwelling, the lot shall contain the minimum area required per dwelling unit, but the lot may be used for a single detached dwelling for one (1) family, provided that the lot has a minimum area of five thousand (5,000) square feet and is served by sanitary sewers or has a minimum area of ten thousand (10,000) square feet if not served by sanitary sewers.

41.10. Trailers and Trailer Parks: Any trailer lawfully existing on the effective date of this paragraph and used or occupied as a dwelling may continue to be so used or occupied but may not be replaced by a new trailer, unless located in a trailer park that complies with the provisions of this paragraph and any applicable ordinances of the City of Shelton. Any trailer parks lawfully existing on the effective date of this paragraph are deemed to be nonconforming and may be continued only in compliance with all applicable ordinances of the City of Shelton and subject to the following provisions and requirements:

41.10.1. Within sixty (60) days after the effective date of this paragraph, any person operating a trailer park shall submit to the planning and zoning commission a request for approval of the nonconforming status of said trailer park. Such request for approval shall include the following:

a.

Name and address of applicant and name and address of property owner or other person, in interest, if other than applicant.

b.

A plot plan drawn to scale, showing the size of the trailer park, roads within the park, size, shape and identification number of the prepared and usable trailer sites and supporting facilities. The plot plan shall include only those trailer sites which are deemed to be prepared and usable, abutting on an improved access road and served by an adequate, piped central water supply system.

c.

A signed statement from the Lower Naugatuck Valley District Public Health Department or its successor, certifying that satisfactory provision has been made for water supply, sewage disposal and refuse collection for all prepared and usable trailer sites.

d.

Proof of ownership, option or valid lease.

e.

Fee of fifty dollars ($50.00).

Upon the approval by the planning and zoning commission, the applicant shall submit for the commission's information related to the occupancy of each trailer site, by site identification number, including full name of trailer owner, make, model, size and year of trailer, state in which registered, date the lot number was rented, if within past twelve (12) months, and date trailer was removed from lot number, if within past twelve (12) months.

Failure to comply with the requirements of this paragraph shall be deemed a violation of these regulations and the trailer park shall be discontinued until the requirements are met.

41.10.2. A person may submit to the planning and zoning commission an application to rearrange and/or expand an existing trailer park. In addition to the requirements set forth in [paragraph] 41.10.1 above, a detailed site plan shall be submitted in accordance with the following provisions, requirements and site development standards; said plan shall be prepared by a registered, professional engineer at a scale of not less than one (1) inch equal to forty (40) feet:

a.

All proposed improvements and site requirements shall apply to the entire trailer park, including all existing trailer sites.

b.

The density of the trailer park shall be such as to prevent overcrowding of the land and to provide light, ventilation and open areas for each trailer. Based upon the gross area of the park, the number of individual trailer sites shall not exceed eight (8) per gross acre. The minimum area of any trailer site shall be not less than three thousand five hundred (3,500) square feet with no dimension less than forty (40) feet. The maximum total number of trailer sites in any trailer park shall not exceed one hundred fifty (150) sites.

c.

Each trailer site shall be defined by permanent corner displaying the lot number corresponding with any plot plan on file with the town clerk.

d.

There shall be a minimum twenty (20) feet of clearance between each trailer.

e.

All trailer sites shall have a minimum frontage of twenty-five (25) feet on a roadway of not less than twenty-four (24) feet in width.

f.

At least two (2) paved, off-street parking spaces shall be provided per trailer site.

g.

The park shall be graded and drained to insure adequate removal of surface and subsurface water. All roads in the park shall be paved, drained and maintained in good condition.

h.

No trailer shall be located closer than fifty (50) feet from any street line and no closer than one hundred (100) feet from any other property line.

i.

Along and adjacent to all property lines, a strip of land not less than fifty (50) feet in width shall be left in its natural state, if already wooded, or shall be landscaped with evergreen trees planted to grow into a dense, evergreen buffer strip within five (5) years.

j.

The individual sites and the park shall comply with all other requirements of the State Building Code on Mobile Homes.

41.10.3. A person may submit to the planning and zoning commission an application to relocate an existing trailer park to another site. Said application shall be processed as a special exception in accordance with the requirements and procedures set forth in section 33. In addition, the detailed site plan for the proposed park shall be prepared by a registered professional engineer drawn at a scale of not less than forty (40) feet to the inch, and conforming to all of the provisions, requirements and standards set forth in paragraph 41.10.2 above.

41.11. Sand and Gravel Removal: Any use involving the excavation, or removal from any lot, of earth, loam, topsoil, sand, gravel, clay or stone and lawfully existing on the effective date of this paragraph may be continued, provided that within one (1) year after such effective date, a temporary special exception for such excavation or removal shall have been secured from the planning and zoning commission in accordance with all of the requirements of section 32 of these regulations. Failure to comply with the requirements to secure a temporary special exception within the one-year period shall be deemed a violation of these regulations and the excavation or removal shall thereafter be discontinued. The one-year deadline, however, shall not become effective until the planning and zoning commission has published a notice of such deadline in a newspaper of general circulation in the city at least sixty (60) days in advance of the end of the one-year period or in advance of a later date set forth in the notice. The provisions of this paragraph shall not apply to excavation or removal operations specified in paragraph 32.2, as excluded from the provisions of section 32.

41.12. Elimination or Modification: Nothing in this section shall be deemed to prohibit the elimination of a nonconformity. Subject to the provisions of paragraph 41.4, any nonconforming use, building or other structure may be modified so as to be less nonconforming provided that all other requirements of these regulations are met.

42.1. General: All off-street parking spaces shall conform to the standards hereinafter specified. For any permitted use of premises hereafter established, parking spaces and loading spaces shall be provided off the street for any use of land, buildings and other structures in accordance with the standards hereinafter specified. Any use already existing shall conform to these standards to the extent that it conforms at the time of adoption of these regulations. 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, building or other structure is changed to a use requiring additional off-street parking and loading spaces to comply with this section, the additional spaces shall be provided for the new use in accordance with the standards hereinafter specified. Any existing use which does not conform to the standards of this section shall not be changed to a use which would need additional off-street parking and loading spaces to comply with the standards herein, unless off-street parking and loading spaces are provided for such new use as required by this section.

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 eighteen (18) 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 twelve (12) feet in width and thirty (30) feet in length with a vertical clearance of fifteen (15) feet with such shape, access and slope as to accommodate one (1) truck having an overall length of thirty (30) feet.

42.3. Design Standard: Except for parking spaces provided in connection with a dwelling containing one (1) or two (2) dwelling units, an office in a dwelling, rooms to let in a dwelling and motor vehicle service stations and repair garages, each parking space shall be provided with adequate area for approach, turning and exit of an automobile having an overall length of eighteen (18) feet without need to use any part of a public 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. No off-street loading space, including any truck loading bay, ramp or dock, shall be designed or arranged in a manner that trucks must use any part of a public street right-of-way to back into such space. In residence districts the aggregate lot coverage of all buildings, other structures and off-street parking and loading spaces, including driveways, shall not exceed sixty (60) percent of the area of the lot.

42.4. Construction: 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 storm water flow onto any public street. Except for necessary driveway entrances and except for parking spaces provided in connection with a dwelling, an office in a dwelling and rooms to let in a dwelling, all off-street parking and loading spaces 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 barrier or embankment in such a manner that cars will not overhang the street line.

42.5. Parking Space Standards: It is the purpose and intent of this section to assure that off-street parking spaces are provided to accommodate the automobiles of all persons normally using or visiting a use building or other structure at any one (1) time. Off-street parking spaces shall be provided in accordance with the following minimum standards:

42.5.1. Dwellings containing one (1) or two (2) dwelling units—One (1) space for each dwelling unit, and located on the same lot with the dwelling.

42.5.2. Dwellings containing more than two (2) dwelling units—One and one-half (1½) spaces for each dwelling unit, and located on the same lot with the dwelling.

42.5.3. Churches, places of worship, theaters, assembly halls or stadium—One (1) space for each five (5) seats and located on a lot not more than five hundred (500) feet in a direct line from the building; if the building is located in a residence district such parking spaces shall be located on the same lot with the building.

42.5.4. Hospitals, convalescent homes, sanitariums, homes for the aged, rest homes and similar facilities and rooms to let in a dwelling—One (1) space for each three (3) beds for patients or guests, plus one (1) additional space for each one and one-half (1½) employees during the largest daily work shift, and located on the same lot with the building.

42.5.5. Retail stores, business and professional offices, financial institutions and medical and dental clinics in other than commercial CA-3 districts—One (1) space for each one hundred fifty (150) square feet of ground floor area of the building and each three hundred (300) square feet of upper floor area, and located on a lot no more than three hundred (300) feet in a direct line from the building.

42.5.6. Retail stores, business and professional offices, financial institutions and medical and dental clinics in commercial CA-3 districts—One (1) space for each two hundred (200) square feet of ground floor area of the building and each four hundred (400) square feet of upper floor area, and located on a lot not more than three hundred (300) feet in a direct line from the building.

42.5.7. Motor vehicle service stations and repair garages and establishments for motor vehicle washing—Ten (10) spaces, and located on the same lot with the building.

42.5.8 Undertaker's establishments—Fifteen (15) spaces, and located on a lot not more than three hundred (300) feet in a direct line from the building.

42.5.9 Hotels and motels—One (1) space for each sleeping room, and located on the same lot with the building.

42.5.10 Restaurants, taverns, bars, nightclubs and dance halls in other than commercial CA-3 districts—One (1) space for each seventy-five (75) square feet of patron floor area, and located on a lot not more than three hundred (300) feet in a direct line from the building.

42.5.11 Restaurants, taverns, bars, nightclubs and dance halls in commercial CA-3 districts—One (1) space for each one hundred (100) square feet of patron floor area, and located on a lot not more than three hundred (300) feet in a direct line from the building.

42.5.12 Warehouses, wholesale businesses, trucking terminals, contractor's businesses, research laboratories, office buildings and establishments for the manufacture, processing or assembling of goods in other than industrial IB-2 districts—One (1) space for each one and one-half (1½) employees during the largest daily work shift period and located on a lot not more than five hundred (500) feet in a direct line from the building.

42.5.13 Warehouses, wholesale businesses, trucking terminals, contractor's businesses, research laboratories, office buildings and establishments for the manufacture, processing or assembling of goods in industrial IB-2 districts—One (1) space for each four (4) employees during the largest daily work shift period and located on a lot 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 not more than three hundred (300) feet in a direct line from the building.

42.5.15 Other uses—Sufficient parking spaces shall be provided in connection with any use not listed in paragraphs 42.5.1 through 42.5.15 to preserve the purpose and intent of this section.

42.6 Loading Space Standards: Each hospital, hotel, motel, retail store building, undertaker's establishment, restaurant, tavern, bar, nightclub, warehouse, wholesale business, trucking terminal, contractor's business, research laboratory and establishment for the manufacture, processing or assembling of goods, having a ground floor area in excess of four thousand (4,000) square feet, shall have one (1) off-street loading space for each forty thousand (40,000) square feet of gross floor area or fraction thereof, excluding basements.

42.7 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 standard 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.

42.8 Joint Use: 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.

43.1. General: The performance standards which follow shall apply to the use of land, buildings and other structures.

43.2. Dust, Dirt, Fly Ash and Smoke: No dust, dirt, fly ash or smoke shall be emitted into the air from any lot so as to endanger the public health and safety, to impair safety on or the value and reasonable use of any other lot or to constitute a critical source of air pollution.

43.3. Odors: No offensive odors shall be emitted into the air from any lot so as to impair the value and reasonable use of any other lot.

43.4. Gases and Fumes: No noxious, toxic or corrosive fumes or gases shall be emitted into the air from any lot so as to endanger the public health and safety or to impair safety on or the value and reasonable use of any other lot.

43.5. Wastes: No offensive wastes shall be discharged or dumped into any river, stream, water course, storm drain, pond, lake or swamp.

43.6. 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 and regulations of the City of Shelton and State of Connecticut.

43.7. Noise: With the exception of time signals and noise necessarily involved in the construction or demolition of buildings and other structures, no noise which is objectionable due to volume, intermittence, beat frequency or shrillness shall be transmitted outside the lot where it originates. The following additional standards shall also apply in industrial IA-1 districts and light industrial park districts:

43.7.1. Protection of residence districts: At no point on the boundary of any residence district during the hours from 7:00 a.m. to 10:00 p.m. shall any continuously radiating sound level, having its source in such districts, exceed the following decibels:

43.7.2. Protection of IA-1 and LIP districts: At no point within an industrial IA-1 district or light industrial park district during the hours from 7:00 a.m. to 10:00 p.m., which point is nearer than one hundred twenty-five (125) from a property line or nearer than two hundred fifty (250) feet from a boundary of such districts, shall any continuously radiating sound level exceed the following decibels.

43.7.3. Conflict: In the event of any conflict between the standards of paragraphs 43.7.1 and 43.7.2 during tests for noise level, the standards of paragraph 43.7.1 shall apply.

43.7.4. Night operation: During the hours from 10:00 p.m. to 7:00 a.m. the noise level standards of paragraph 43.7.1 and 43.7.2 shall apply, less five (5) decibels.

43.7.5. Periodic noise: For noise impulsive in character such as hammering or periodic in character such as hum, screech or continuous tone, the noise level standards of paragraphs 43.7.1 and 43.7.2 shall apply, less five (5) decibels.

43.7.6. Period: For noise existing less than ten (10) percent of any one-hour period, the noise level standards of paragraphs 43.7.1 and 43.7.2 shall apply, plus five (5) decibels.

43.7.7. Measurement: Noise levels shall be measured with a sound level or decibel meter and associated octave band analyzer that conform to current American Standards Association specifications.

43.8. 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 so as to impair safety on or the value and reasonable use of any other lot. The following additional standards shall also apply in industrial IA-1 districts and light industrial park districts:

43.8.1. IA-1 and LIP: At no point on the boundary of or within any residence district shall any vibration, transmitted from a lot in any industrial IA-1 district or light industrial park district, exceed .0002 inches at a frequency of fifteen (15) cycles per second or less, when measured by a seismograph of accepted standard manufacturer.

43.9. Glare: No offensive glare from lighting shall be transmitted so as to endanger public safety, or be transmitted into or within any residence district so as to impair the value and reasonable use of any lot other therein.

43.10. Radio Interference: No use of land, buildings or other structures on any lot shall create interference with radio or television reception on any other lot.

43.11. Continuing Standards: The performance standards set forth above shall be of continuing application.

44.1. General: No sign shall be established, constructed, reconstructed, enlarged, extended, moved or structurally altered until a certificate of zoning compliance therefor has been approved as for buildings and other structures. All signs shall conform to the provisions hereinafter specified.

44.2. Definitions: For the purpose of this section, 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 governmental unit or nonprofit organization.

44.3. Standards for All Districts: Signs shall conform to the following standards applicable in all districts:

44.3.1. 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.

44.3.2. Location: No sign shall be located within or hang over the right-of-way of any street, except that a sign attached to a building may project into such right-of-way.

44.3.3. 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 fifteen (15) inches therefrom.

44.3.4. 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.

44.3.5. Light and motion: No flashing, revolving or moving signs or continuous strip lighting shall be permitted. All lighting of signs in 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.

44.4. Residence Districts: In addition to the standards specified in paragraph 44.3, signs in residence districts shall conform to the following standards:

44.4.1. Purpose: Signs in residence districts 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 such sign shall have an area not exceeding six (6) square feet.

b.

On any lot containing a farm, church, 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 City of Shelton, State of Connecticut or Federal Government, one (1) sign not exceeding sixteen (16) square feet in area.

c.

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

d.

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

44.4.2. Location: No sign in any residence district shall extend within less than ten (10) feet of any street line or property line except signs permitted under paragraphs 44.4.1(c) and 44.4.1(d). 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 the building.

44.4.3. Height: No ground sign shall exceed of a height of eight (8) feet.

44.5. Other Districts: In addition to the standards specified in paragraph 44.3, signs in other than residence districts shall conform to the following standards:

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

a.

Signs permitted in residence districts under paragraphs 44.4.1(c) and 44.4.1(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 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 and more than eight (8) feet in any dimension.

44.5.2. 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 forty (40) square feet. Any sign attached to or mounted on a building shall not 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 a 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.

44.6. Measurements: Any sign may be double facing, and only one (1) face shall be counted in determinating 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.

44.7. Site Plans and Special Exceptions: Limitations on signs which may be imposed in connection with the approval of a site plan or the granting of a special exception under these regulations are in addition to the provisions of this section.

45.1. General: The requirements hereinafter specified sets forth standards for particular uses listed on Schedule A, Permitted Uses, as well as standards which are supplementary to or in addition to requirements set forth elsewhere in these regulations.

45.2 Professional Office: A professional office in a dwelling unit is an activity conducted for gain and to which the public is invited or expected to visit in the conduct of the activity. Such a professional office shall conform to the following conditions and is an additional use for which a certificate of zoning compliance is required:

45.2.1. The professional person or persons conducting the office use shall reside in the dwelling unit and shall be a physician, surgeon or other practitioner of the healing arts, a dentist, podiatrist, lawyer, clergyman, architect, professional engineer or land surveyor, landscape architect, artist, teacher or musician; one (1) nonresident person may be engaged in support of the office in a nonprofessional capacity.

45.2.2. The floor area used for conduct of the professional office shall not exceed an area equal to twenty-five (25) percent of the finished livable floor area of the dwelling unit, as defined for the purpose of such computation in paragraph 5.5, or four hundred (400) square feet, whichever is less; the actual location of such office may be within the finished livable floor area of the dwelling unit or in the basement of or other floor area attached to the dwelling unit, and accessible from such finished livable floor area of the dwelling unit or in the basement of or other floor area attached to the dwelling unit, and accessible from such finished livable floor area.

45.2.3. The professional office shall not impair the residential character of the premises nor impair the reasonable use, enjoyment and value of other residential property in the neighborhood; there shall be no evidence of the professional office outside the dwelling unit, except permitted signs.

45.2.4. The application for a certificate of zoning compliance shall be accompanied by a detailed description of the proposed use in accordance with any administrative rules and procedures established by the planning and zoning commission. Each certificate of zoning compliance shall have a duration as may be fixed by the commission, but in all cases shall automatically terminate when the applicant no longer resides in the dwelling unit.

45.3. Business Office and Customary Home Occupation: A business office for a customary home occupation conducted in a dwelling unit is an additional use for which a certificate of zoning compliance is required. A business office is an activity, other than a professional office, conducted for gain and to which the public is invited or expected to visit in the conduct of the activity. A customary home occupation is an activity conducted for gain and may include: (a) preparation and sale of domestic products customarily produced in the home, (b) home handicrafts, and (c) service occupations. Such uses shall conform to the following conditions:

45.3.1. A person or persons conducting the business office or customary home occupation shall reside in the dwelling unit; one (1) nonresident person may be engaged in the conduct of the office or occupation.

45.3.2. No finished consumer goods shall be acquired outside the dwelling unit for sale on the premises in connection with such business office or home occupation.

45.3.3. The floor area used for conduct of the business office or home occupation shall not exceed an area equal to twenty-five (25) percent of the finished livable floor area of the dwelling unit, as defined for the purpose of such computation in paragraph 5.5, or four hundred (400) square feet, whichever is less; the actual location of such office may be within the finished livable floor area of the dwelling unit or in the basement of or other floor area attached to the dwelling unit, and accessible from such finished livable floor area.

45.3.4. The business office or home occupation shall not impair the residential character of the premises nor impair the reasonable use, enjoyment and value of other residential property in the neighborhood, there shall be no evidence of the business office or home occupation outside the dwelling unit, except permitted signs.

45.3.5. The application for a certificate of zoning compliance shall be accompanied by a detailed description of the proposed use, in accordance with any administrative rules and procedures established by the planning and zoning commission. Each certificate of zoning compliance shall have a duration as may be fixed by the planning and zoning commission, but in all cases shall automatically terminate when the applicant no longer resides in the dwelling unit.

45.4. Room and Board: The letting of rooms and/or furnishing of board in a dwelling unit is an additional use for which a certificate of zoning compliance is required. Such use shall conform to the following conditions:

45.4.1. The person or persons letting the rooms and/or furnishing board shall reside in the dwelling unit.

45.4.2. When rooms are let, the dwelling unit shall contain a minimum floor area of two hundred (200) square feet times the total number of occupants of the dwelling unit, including in such computation the number of persons to whom rooms are let plus the number of persons in the family residing in the dwelling unit; in no event shall rooms be let and/or board furnished to a total of more than four (4) persons.

45.4.3. The letting of rooms shall not include the provision of cooking facilities in or for such rooms, but may include sharing of the cooking facilities of the dwelling unit.

45.4.4. No accessory building shall be used for letting of rooms or furnishing of board.

45.5. Coastal Site Plan Review Requirements: No application for certificate of zoning compliance shall be approved for any building, use or structure situated fully or partially within the coastal boundary as defined by section 22a-94 of the General Statutes of the State of Connecticut and as delineated on the coastal boundary map for the City of Shelton until the coastal site plan review requirements and procedures set forth in sections 22a-105 through 22a-109 of the General Statutes have been satisfied.

45.5.1. Exemptions: Pursuant to section 22a-109(b) of the General Statutes the following activities are exempt from coastal site plan review requirements:

a.

Gardening, grazing and the harvesting crops;

b.

Minor additions to or modification of existing buildings or detached accessory buildings, such as garages and utility sheds;

c.

Construction of new or modification of existing structures incidental to the enjoyment and maintenance of residential property including but not limited to walks, terraces, driveways, swimming pools, tennis courts, docks, and detached accessory buildings;

d.

Construction of new or modification of existing on-premise structures including fences, walls, pedestrian walks and terraces, underground utility connections, essential electric, gas, telephone, water an [and] sewer service lines, signs, and such other minor structures as will not substantially alter the natural character of coastal resources as defined by section 22a-93(7) of the General Statutes or restrict access along the public beach;

e.

Construction of an individual single-family residential structure except when such structure is located on an island not connected to the mainland by an existing road, bridge, or causeway or except when such structure is in or within one hundred (100) feet of the following coastal resource areas as defined by section 22a-93(7) of the General Statutes: tidal wetlands, coastal bluffs and escarpments, beaches and dunes;

f.

Activities conducted for the specific purpose of conserving or preserving soil, vegetation, water, fish shellfish, wildlife and other coastal land and water resources;

g.

Interior modification to buildings;

h.

Minor changes in use of a building, structure, or property adjacent to or abutting coastal waters.

45.5.2. Application requirements: Except as exempted above, an application for approval of a coastal site plan shall be submitted to the commission on a form prescribed by the commission. Pursuant to sections 22a-105 and 22a-106 of the General Statutes, a coastal site plan shall include the following information; a plan showing the location and spatial relationship of coastal resources on the contiguous to the site; a description of the entire project with appropriate plans, indicating project location, design, timing and methods of construction; an assessment of the suitability of the project for the proposed site; an evaluation of the potential beneficial and adverse impacts of the project, and a description of proposed methods to mitigate adverse effects on coastal resources. In addition, the applicant shall demonstrate that the adverse impacts of the proposed activity are acceptable and that such activity is consistent with the coastal policies of section 22a-92 of the General Statutes.

45.5.3. Statutory criteria: In addition to determining compliance with any other applicable standards, requirements or criteria set forth by these regulations the commission shall review coastal site plans for compliance with the following criteria established in section 22a-106 of the General Statutes:

a.

Consistency of the proposed activity with the applicable coastal policies in section 22a-92 of the General Statutes;

b.

The acceptability of potential adverse impacts of the proposed activity on coastal resources as defined in section 22a-93(15) of the General Statutes;

c.

The acceptability of potential adverse impacts of the proposed activity on future water dependent development opportunities as defined in section 22a-93(17) of the General Statutes; and

d.

The adequacy of any measures taken to mitigate the adverse impacts of the proposed activity on coastal resources and future water dependent development opportunities.

45.5.4. Commission action: The commission shall approve, modify, condition, or deny the coastal site plan for the proposed activity on the basis of the criteria listed in section 22a-106 of the General Statutes to ensure that the proposed activity is consistent with the coastal policies in section 22a-92 of the General Statutes and that the potential adverse impacts of the proposed activity on both coastal resources and future water dependent development opportunities are acceptable. Pursuant to section 22a-106 of the General Statutes, the commission shall state in writing the findings and reasons for its action with respect to any coastal site plan approved, conditioned, modified or denied. Further, in approving any coastal site plan, the commission shall make a written finding that: (1) the proposed activity as approved is consistent with the coastal policies in section 22a-92 of the General Statutes, (2) the proposed activity incorporates as conditions or modifications all reasonable measures which would mitigate potential adverse impacts on both coastal resources and future water-dependent development activities, and (3) the potential adverse impacts of the proposed activity on coastal resources and future water-dependent development opportunities with any conditions or modifications imposed by the commission are acceptable. In accordance with sections 22a-105 through 22a-109 of the General Statutes, hearing notification requirements, time limits for making a decision and decision publication and notification requirements for coastal site plans shall be the same as that set forth in the General Statutes for the type of permit or approval being requested.

45.5.5. Fees: Each application for coastal site plan review shall be accompanied by a fee of twenty-five dollars ($25.00) payable to the City of Shelton, Connecticut.

45.5.6. Violations: In accordance with section 22a-108 of the General Statutes, any activity undertaken within the coastal boundary without the required coastal site plan review and approval shall be subject to enforcement remedies authorized in that section.

46.1 Definitions. For the purpose of this section, the following definitions for specific terms shall apply.

46.1.1 Certification means a signed written approval by the Shelton Planning and Zoning Commission or its designated agent that a soil erosion and sediment control plan complies with the applicable requirements of these regulations.

46.1.2 Commission means the Planning and Zoning Commission of the City of Shelton, Connecticut.

46.1.3 County Soil and Water Conservation District means the Fairfield County Soil and Water Conservation District established under subsection (a) of section 22a-315 of the General Statutes.

46.1.4 Development means any construction or grading activities to improved or unimproved real estate.

46.1.5 Disturbed area means an area where the ground cover is destroyed or removed leaving the land subject to accelerated erosion.

46.1.6 Erosion means the detachment and movement of soil or rock fragments by water, wind, ice or gravity.

46.1.7 Grading means any excavating, grubbing, filling (including hydraulic fill) or stockpiling of earth materials or any combination.

46.1.8 Inspection means the periodic review of sediment and erosion control measures shown on the certified plan.

46.1.9 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.

46.1.10 Soil means any unconsolidated mineral or organic material of any origin.

46.1.11 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, a map and narrative.

46.2 Activities requiring a certified erosion and sediment control plan: A soil erosion and sediment control plan shall be submitted with any application for development when the disturbed area of such development is cumulatively more than one-half acre.

46.3 Exemptions: A single family dwelling that is not a part of a subdivision of land shall be exempt from these soil erosion and sediment control regulations.

46.4 Erosion and sediment control plan.

46.4.1 To be eligible for certification, a soil erosion and sediment control plan shall contain proper provisions to adequately control accelerated erosion and sedimentation and reduce the danger from storm water run-off on the proposed site based on the best available technology. Such principles, methods and practices necessary for certification are found in the Connecticut Guidelines for Soil Erosion and Sediment Control (1985) as amended. Alternative principles, methods and practices may be used with prior approval of the commission.

46.4.2 Said plan shall contain, but not be limited to:

A.

A narrative describing:

1.

The development;

2.

The schedule for grading and construction activities including:

a.

Start and completion dates;

b.

Sequence of grading and construction activities;

c.

Sequence for installation and/or application of soil erosion and sediment control measures;

d.

Sequence for final stabilization of the project site.

3.

The design criteria for proposed soil erosion and sediment control measures and storm water management facilities.

4.

The construction details for proposed soil erosion and sediment control measures and storm water management facilities.

5.

The installation and/or application procedures for proposed soil erosion and sediment control measures and storm water management facilities.

6.

The operations and maintenance program for proposed soil erosion and sediment control measures and storm water management facilities.

B.

A site plan map at a sufficient scale to show:

1.

The location of the proposed development and adjacent properties;

2.

The existing and proposed topography including soil types, wetlands, water-courses and water bodies;

3.

The existing structures on the project site, if any;

4.

The proposed area alterations including cleared, excavated, filled or graded areas and proposed structures, utilities, roads and, if applicable, new property lines;

5.

The location of and design details for all proposed soil erosion and sediment control measures and storm water management facilities;

6.

The sequence of grading and construction activities;

7.

The sequence for installation and/or application of soil erosion and sediment control measures;

8.

The sequence for final stabilization of the development site.

C.

Any further information deemed necessary and appropriate by the applicant or requested by the commission or its designated agent.

46.5 Minimum acceptable standards.

46.5.1 Plans for soil erosion and sediment control shall be developed in accordance with these regulations using the principles as outlined in chapters 3 and 4 of the Connecticut Guidelines for Soil Erosion and Sediment Control (1985), as amended. Soil erosion and sediment control plans shall result in a development that: minimizes erosion and sedimentation during construction; is stabilized and protected from erosion when completed; and does not cause off-site erosion and/or sedimentation.

46.5.2 The minimum standards for individual measures are those in the Connecticut Guidelines for Soil Erosion and Sediment Control (1985), as amended. The commission or the County Soil and Water Conservation District may grant exceptions when requested by the applicant if technically sound reasons are presented.

46.5.3 The appropriate method from chapter 9 for the Connecticut Guidelines for Soil Erosion and Sediment Control (1985), as amended, shall be used in determining peak flow rates and volumes of run-off unless an alternative method is approved by the commission.

46.6 Issuance or denial of certification.

46.6.1 The Shelton Planning and Zoning Commission or its designated agent shall either certify that the soil erosion and sediment control plan, as filed, complies with the requirements and objectives of this regulation or deny certification when the development proposal does not comply with these regulations.

46.6.2 Nothing in these regulations shall be constructed as extending the time limits for the approval of any application under chapters 124, 124A or 126 of the General Statutes.

46.6.3 Prior to certification, any plan submitted to the municipality may be reviewed by the County Soil and Water Conservation District which may make recommendations concerning such plan, provided such review shall be completed within thirty (30) days of the receipt of such plan.

46.7 Conditions relating to soil erosion and sediment control.

46.7.1 The estimated costs of measures required to control soil erosion and sedimentation, as specified in the certified plan, that are a condition of certification of any modified site plan may be required to be covered in a performance bond or other assurance acceptable to the commission in accordance with the provisions specified under section 31 of the regulations.

46.7.2 Site development shall not begin unless the soil erosion and sediment control plan is certified and those control measures and facilities in the plan scheduled for installation prior to site development are installed and functional.

46.7.3 Planned soil erosion and sediment control measures and facilities shall be installed as scheduled according to the certified plan.

46.7.4 All control measures and facilities shall be maintained in effective condition to ensure the compliance of the certified plan.

46.8 Inspection.

46.8.1 Inspections shall be made by the commission or its designated agent during development to ensure compliance with the certified plan and that control measures and facilities are properly performed or installed and maintained. The commission may require the permittee to verify through progress reports that soil erosion and sediment control measures and facilities have been performed or installed according to the certified plan and are being operated and maintained.