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.
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.
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.
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.
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.
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 (2) year period.
Not withstanding 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 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.
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 Planning & Zoning Administrator 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 Commission.
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) of 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, statement, plans and drawings necessary to determine compliance with these Regulations.
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.
Each Application for a Certificate of Zoning Compliance shall be accompanied by an application fee in an amount determined by the Commission and set forth in the Schedule of Fees included in the Appendix hereto, paid to the City of Shelton.
Not withstanding the provisions of SECTION 2, no Building Permit shall be issued as required under the Building Code 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.
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 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 or Zoning Compliance. No Certificate of Occupancy shall be issued until the Certificate of Zoning Compliance shall have been approved.
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.
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.
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.
The Planning and Zoning Commission may, by resolution, establish rules and procedures necessary to administer and enforce these Regulations.
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 under Chapter 124, revised 1958 and may adopt rules and procedures necessary to exercise its authority. The purpose and intent of this SECTION is to guide the Zoning Board of Appeals and applicants by setting forth in one location hereunder the general provisions found in and interpreted from the General Statutes and to prescribe the permissible limits applicable to the requesting and granting of use variances.
Connecticut General Statutes, Section 8-6 sets forth the following powers and duties:
4.2.1 "To hear and decide appeals where it is alleged that there is an error in any order, requirement or decision made by the official charged with the enforcement of this chapter or any bylaw or ordinance or regulation adopted under the provisions of this chapter;" (i.e. Zoning Enforcement Officer, Planning Administrator or other official charged with the enforcement of these Regulations);
4.2.2 "To hear and decide all matters including special exceptions and special exemptions under Section 8-2g upon which it is required to pass by the specific terms of the zoning bylaw, ordinance or regulation;" (Not applicable to the Shelton Zoning Board of Appeals since the Shelton Zoning Regulations specifically provide for these matters to be decided by the Planning and Zoning Commission.) and
4.2.3 "To determine and vary the application of the zoning bylaws, ordinances or regulations in harmony with their general purpose and intent and with due consideration for conserving the public health, safety, convenience, welfare and property values solely with respect to a parcel of land where, owing to conditions especially affecting such parcel but not affecting generally the district in which it is situated, a literal enforcement of such bylaws, ordinances or regulations would result in exceptional difficulty or unusual hardship so that substantial justice will be done and the public safety and welfare secured, provided that the zoning regulations may specify the extent to which uses shall not be permitted by variance in districts in which such uses are not otherwise allowed."
When exercising the power to determine and vary the application of these Regulations with respect to permitted uses, as described in Paragraph 4.2.3, it shall be the requirement of the Zoning Board of Appeals to adhere to the following:.
4.4.1 No variance shall be granted which would pen-nit a use of land, buildings or other structures prohibited in all Districts in the City.
4.4.2 No variance shall be granted which would permit a use of land, buildings or other structures prohibited in a District unless such use is currently permitted in another District of similar classification.
4.4.3 No variance shall be granted which would pen-nit a use of land, buildings or other structures in any Planned Development District that is not specifically permitted is said District.
4.4.4 Where a use of land, buildings or other structures is prohibited in a District but is permitted in another District subject to approval of a SPECIAL EXCEPTION or a SITE PLAN by the Planning and Zoning Commission under these Regulations, a variance to permit such use may only be granted subject to submission and administrative approval of a SITE PLAN by said Commission.
4.4.5 A copy of each use variance request shall, upon receipt, be transmitted to the Planning and Zoning Commission. In addition, the Zoning Board of Appeals shall transmit a copy of each notice of hearing and decision of the Zoning Board of Appeals, which transmittals shall be made within the same time periods as required for publication of notices by the Zoning Board of Appeals under the General Statutes of the State of Connecticut. The Planning and Zoning Commission, Zoning Enforcement Officer, Planning Administrator or other designated staff shall report its findings and/or advisory opinion concerning such use variance request which information shall be read into the record of the public hearing. Any failure of the Planning and Zoning Commission or its staff to respond to any referral in a timely manner will not prevent the Zoning Board of Appeals from rendering a decision on the use variance request.
4.4.6 The Zoning Board of Appeals shall not grant any use variance unless each of the following determinations can be confirmed by the Board and such determinations shall be entered into the minutes of the meeting at which such use variance request is acted upon:
a. The subject parcel of land cannot be reasonably developed for any permitted use within the District in which it is located because of reasons peculiar to the parcel in question and not otherwise applicable to the area as a whole;
b. The requested use variance is necessary to relieve the exceptional difficulty or unusual hardship and is the minimum necessary to accomplish such purpose; and
c. The requested use will not impair the essential existing character of the area, will not conflict with the general purpose and intent of these Regulations and will conserve the public health, safety, convenience, welfare and property values.
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 ACCESSORY DWELLING UNIT : An "accessory dwelling unit" is a dwelling unit that is incorporated into and is an integral part of a principal single family detached dwelling but is accessory and subordinate in terms of size and location.
5.3 ACCESSORY WAREHOUSING AND STORAGE : "Accessory Warehousing and Storage" is the storage of goods in existing warehouse space designated for such purpose within a portion of an existing building, which interior space has become excess to the needs of the primary permitted uses in such building. "Accessory Warehousing and Storage" is not intended to be a principal, permitted use, except as an accommodation for the adaptive reuse of limited portions of existing warehouse space in sizable, existing buildings. "Accessory Warehousing and Storage" will require approval of a Certificate of Zoning Compliance by the Planning and Zoning Commission upon compliance with all of the following conditions:
a. the existing building must contain at least 100,000 square feet of gross floor area;
b. in no event shall the building be altered to increase the floor space used for such warehousing and storage;
c. not more than 50% of the total gross floor area of said existing building shall be so used for such accessory warehousing and storage not related to the primary permitted use;
d. the minimum floor area of any tenant space so utilized shall be not less than 35,000 square feet;
e. any exterior alteration of the existing building to accommodate such use shall be subject to the submission and approval of a site plan pursuant to SECTION 3 1; and
f. the use of any such space shall be on a tenancy basis and no public warehouse operation as defined in Sec. 41-1 C.G.S. shall be permitted.
5.4 AMUSEMENT CENTER : The term "amusement center" shall include any location or establishment which houses three (3) or more mechanical and/or electronic amusement devices.
5.4.1 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 pin-ball or pin-game machines, shuffleboard devices, video and TV-like devices and electronic games.
5.5 ANTENNA : A device used to transmit or receive telecommunications or radio signals. Examples include panels, microwave dishes and single pole devices known as whips.
5.6 ANTENNA HEIGHT : The vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure. If the support structure is on a sloped grade, then the average between the highest and lowest grade shall be used in calculating the antenna height.
5.7 CELL SITE : The equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communication source and transmitting those signals to another cell site or to a central switching computer which connects the mobile unit with land-based telephone lines.
5.8 CELL SITE TOWER : A structure that is intended to support equipment used to transmit and/or receive cellular or personal communications services ("PCS") telecommunications signals. Examples include monopoles and lattice construction steel structures.
5.9 CO-LOCATED CELL SITES : Cell sites which utilize existing towers, buildings or other structures for the placement of antennas and do not require the construction of a new tower. Any proposed cell site which utilizes a stub tower or other accessory support structure and exceeds the height of the existing structure by more than twenty (20) feet shall not be considered a Co-Located Cell Site and shall be subject to the standards and provisions of SECTION 48.
5.10 DWELLING : A "dwelling" is a building containing one or more "dwelling units". One or more buildings may be considered to be a dwelling if designed for occupancy, and so occupied, by only one (1) "family".
5.11 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.
5.11.1 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 70 square feet of floor area.
5.11.2 EFFICIENCY DWELLING UNIT : An "efficiency dwelling unit" is a "dwelling unit" in a "dwelling" containing four (4) or more "dwelling units" and having only one (1) room, exclusive of bathroom, kitchen, pantry, communicating corridors or closets and exclusive of any dining alcove with less than 70 square feet of floor area.
5.11.3 ELDERLY DWELLING UNIT : An "elderly dwelling unit" is a "dwelling unit" in a "dwelling" containing four (4) or more "dwelling units", that is specifically designed for and occupied by retired, elderly persons 62 years of age or older, or handicapped or physically disabled as defined under Federal Laws.
5.12 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.
5.13 FITNESS CENTER - FULL SERVICE : is defined to mean a fitness center serving the general public whether on a daily basis or by membership and providing a range of services including body building equipment, aerobic dancing, aerobic machinery, free weights, tanning booths, sauna rooms, steam booths, and child care services. Such centers may also include a refreshment area serving non-alcoholic health drinks and related health foods, retail sale of nutritional supplements, gym clothing and various gym gear. A "massage establishment" as defined in the Shelton City Ordinance shall not be considered a fitness center as herein described, and engaging in the practice of massage, if included, must be clearly accessory to and an insignificant component of the fitness center.
5.14 FITNESS CENTER - ACCESSORY USE : is defined to mean a fitness center restricted to serving only the needs of persons employed at the office building, complex or industrial facility wherein it is situated and providing an appropriate range of services from an exercise room to a fully equipped and staffed center.
5.15 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 above ground 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.
5.16 FLOOR AREA, MAXIMUS : 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.
5.17 HEIGHT : The height of a building or other structure shall be measured from the average ground level within 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 20% of the area of the roof. Not withstanding the above, the maximum height of Cell Site Towers and other communications facilities shall not exceed 100 feet in any residence district and 150 feet in any non-residence district, except as may be modified in accordance with Paragraph 48.5.5.
5.18 HIGH TRAFFIC-ACTIVITY GENERATOR : High traffic-activity generators include, but are not limited to, gas stations, convenience stores, grocery stores and any food service establishment whose principal business is the sale of foods and beverages in a ready-to consume state at a counter for consumption at the restaurant or for take-out, as well as any use which generates more than ten (10) trips per 1,000 square feet of floor area at peak hour (per the latest edition of the Institute of Transportation Engineers Trip Generation reference).
5.19 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 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 automobile. In Residence Districts the term shall also include both the outside storage of unregistered motor vehicles for periods longer than 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.
5.20 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.
5.20.1 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.
5.21 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.
5.22 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.
5.23 LOT, CORNER : A "corner lot" is a "lot" having lot lines formed by the intersection of two streets, whether public or private, and where the interior angle of such intersection is less than 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 135 degrees.
5.24 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.
5.25 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 easement for above ground public utility transmission lines or any part of a public or private street nor any easement which grants exclusive surface use of the property to anyone other than the owner may be included. Each lot shall contain an area of contiguous buildable land, exclusive of steep slope areas, wetlands watercourses, ponds, lakes or marsh, that equals or exceeds the lot area requirement of the district in which it is located, or 40,000 square feet, whichever is less. Such excluded areas may be used for compliance with that portion in excess of 40,000 square feet. "Steep slope area" is defined to be any area having a horizontal width of 50 feet or more with a grade of more than 25%, measured 90 degrees to contours having an interval of not more than two (2) feet.
Said 40,000 square foot minimum area may be reduced to 30,000 square feet if all of the following criteria are satisfied:
a. The lot is served either by public water or municipal sanitary sewers.
b. The 30,000 square feet of contiguous buildable land is appropriately proportioned for siting a structure, required parking, and other normal requirements for the uses allowed in the zone; and
c. Access to such buildable area can be accomplished without traversing a steep slope area; and
d. If the only feasible access to such buildable area requires crossing an inland wetland, such crossing must have the prior approval of the Shelton Inland Wetlands Commission; and
e. Allowing such reduction will not be detrimental to wetlands, watercourses and/or other valuable natural features.
Land in two 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.
5.26 OFF-STREET PARKING AND LOADING SPACE : See Paragraph 42.2 of SECTION 42.
5.27 PROPERTY LINE, REAR : A "rear property line" is any property line which is parallel to or within 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 lot line shall be considered a rear property line.
5.28 PROPERTY LINE, SIDE : A "side property line" is any property line which is not a "rear" property line" or a " street Line".
5.29 SELF - STORAGE FACILITY : A self-storage facility is defined to mean a facility that offers individually-accessed, mini warehouse/storage units for rent or lease to the general public for the storage of personal and household effects and for the dry storage of office or business effects or products. Such effects or products shall specifically exclude the storage of any materials or waste products deemed hazardous (See 23.2.3). All such individual units shall be accessed only from interior, common hallways. Access to said common hallways shall be provided with electronic monitoring and on-site management during normal hours of operation.
5.30 SIGNS : See Paragraph 44.2 of SECTION 44.
5.31 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 10 feet of the building, the basement shall be considered a "story".
5.32 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, 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.
5.33 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 25 feet or more in width.
5.34 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.
5.35 TELECOMMUNICATIONS FACILITY : The antennas, telecommunications equipment, communications towers and/or other support structures used together in connection with the provision of wireless communications service. These services may include, but are not limited to, cellular communications, personal communications services and paging.
5.36 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.
5.37 TRAILER PARK : The term "trailer park" shall. mean any "lot" or adjoining "lots" where land is rented, leased or made available or occupancy by two (2) or more "trailers".
5.38 SWIMMING POOL : A swimming pool, above ground or below ground with a gross water surface area of greater than 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 Certificate of Zoning Compliance shall be required prior to the establishment of the above mentioned use.
