Application for a special exception shall be submitted in writing to the Zoning Enforcement Officer, shall be accompanied by an Application for a Certificate of Zoning Compliance and shall also be accompanied by the following:

33.2.1 Statement of Use: A written statement describing the proposed use in sufficient detail to determine compliance with the permitted use provisions of SECTION 23 and the performance standards of SECTION 43; four (4) copies shall be submitted.

33.2.2 Site Plan: A site plan, drawn to a scale of not less than 100 feet to the inch, showing existing and proposed contours, property lines, buildings, structures, signs, outdoor illumination, streets, driveways, off-street parking and loading spaces, outside storage areas, water courses, storm drainage, sewage disposal facilities, water supply facilities, and landscaping (including trees and/or shrubs, lawn, other landscaped areas and natural terrain not be disturbed); four (4) copies shall be submitted.

33.2.3 Architectural Plans Preliminary architectural plans of all proposed buildings, structures and signs, including general exterior elevations, perspective drawings and generalized floor plans and including drawings for proposed signs; four (4) copies shall be submitted.

33.2.4 Other, The Planning and Zoning Commission may request the submission of such additional information that it deems necessary in order to act on the application.

33.2.5 Fee: An application Fee in an amount determined by the Commission and set forth in the Schedule of Fees included in the Appendix hereto, payable to the City of Shelton.

Upon receipt, the Zoning Enforcement Officer shall transmit the special exception application and Application for a Certificate of Zoning Compliance to the Planning and Zoning Commission; he shall also transmit a copy of the special exception application to the Planning and Zoning Commission. Within 60 days after receipt of a complete special exception application by the Planning and Zoning Commission, it shall hold a public hearing on the application. Notice of a public hearing shall be published in a newspaper having a substantial circulation in the City at least twice at intervals of not less than two (2) days, the first not more than 15, nor less than 10 days, and the last not less than two (2) days before the public hearing. After the public hearing, the Planning and Zoning Commission shall either approve, approve subject to modifications or disapprove the application. Failure of the Planning and Zoning Commission to so act on any complete application within 90 days after receipt shall be considered an approval, and a certificate to that effect shall be issued with an approved Application for a Certificate of Zoning Compliance by the Planning and Zoning Commission upon written demand by the applicant received within 30 days after the expiration of the 90 day period for action. The applicant may consent in writing to any extension of the time for hearing or action on the application.

In addition to any additional standards for particular uses that may be hereinafter specified, the Zoning Commission shall consider the following before acting on any special exception application;

33.4.1 The size and intensity of the proposed use;

33.4.2 The effect of the proposed use on any adopted comprehensive plan of development for the City;

33.4.3 The capacity of adjacent and feeder streets to accommodate peak traffic loads and any hazards created by the use;

33.4.4 The effect upon property values and taxable values in the neighborhood, taking into account the topography of the lot and the character, location and height of proposed buildings, walls, stacks, fences, grades and landscaping;

33.4.5 The number, location and arrangement of off-street parking spaces and the vehicular access to the lot;

33.4.6 Fire and police protection needs; and

33.4.7 Water supply, sewage disposal facilities and drainage and erosion problems.

Subsequent to the public hearing the Planning and Zoning Commission may approve the application or approve it subject to modifications, granting the special exception and approving the Application for a Certificate of Zoning Compliance. In approving the application for a special exception or approving it subject to modifications, the Planning and Zoning Commission shall make a finding that all applicable requirements of this SECTION have been met in addition to other requirements applicable in the District in which the special exception will be in harmony with the general purpose and intent of these Regulations. The grounds for disapproval of a special exception application shall be stated by the Planning and Zoning Commission in its records.

Applications for multi-family residential developments consisting of one or more dwelling units plus customary accessory recreational, maintenance and similar facilities incidental to and in support of such residential developments shall conform to the following additional standards:

33.6.1 Lot, Area and Shape: Each such multi-family residential development shall be located on a lot having a minimum area of four (4) acres with a minimum lot frontage of 150 feet on a street, which lot shall also be of such shape that a square with 250 feet on each side will fit on the lot.

33.6.2 Dwelling Unit Density: Dwelling unit density shall not exceed that permitted under SCHEDULE B - STANDARDS or such lesser density as may be proposed by the Applicant and approved by the Commission. For purposes of computing allowable density, the minimum required lot area shall exclude the area of ponds, marshes and other wetlands and areas with a natural slope, in excess of 25 percent.

33.6.3 Dwellings: Each dwelling shall contain not less than four (4) nor more than twelve (12) dwelling units, except that the Commission may permit a limited number of units, not exceeding 20% of the total dwelling units, to be located in dwellings containing two (2) or three (3) dwelling units. The shortest distance between any two (2) dwellings shall be not less than the height of the taller dwelling, but in any case not less than 25 feet. The Commission may modify this separation requirement if the design of the residential development is benefitted by the closer spacing.

33.6.4 Utilities: Unless otherwise approved by the Commission, all utilities in the residential development shall be located underground. Each such dwelling and all dwelling units shall be served by public water supply and sanitary sewer system.

33.6.5 Setbacks and Natural Areas: No building or other structure shall extend within less than 50 feet of any street or other property line. Not more than 20% of the required setback areas shall consist of off-street parking areas and access drives. At least 70% of the required setback areas shall be preserved in their natural state. Said areas shall be reasonably protected from encroachment and damage during construction by snow-fencing or other appropriate measures. Not withstanding the above, the Commission may permit limited encroachment into and/or disturbance of said natural areas for grading or other purposes providing adequate provisions are made for restoration and replanting with substantial trees, shrubs and other approved plant materials. Adjacent to each property line of such residential development other than a street line, there shall be provided a green belt having a minimum width of 15 feet, planted with trees and shrubs of appropriate species, at least 50% of which shall have a minimum height of five (5) feet at planting. Suitable existing trees and shrubs may be preserved and/or supplemented by new plantings to form the required greenbelt.

33.6.6 Outdoor Living Space: Each dwelling unit shall be provided with a private, exclusive outdoor living space of at least 150 square feet, in the form of a patio, deck, terrace, balcony, open air or screened-in porch. For each dwelling unit specifically designed for and intended to be occupied by one or more elderly persons of 62 years of age or older, the Commission may permit a reduction in such outdoor living space to not less than 90 square feet.

33.6.7 Recreation: Designated and suitably prepared active and/or passive recreation areas for the use of all residents shall be provided at the ratio of 200 square feet per dwelling unit. For developments involving 50 or more dwelling units, said areas shall be equipped with appropriate facilities such as tennis courts, shuffleboard, paddle tennis and/or swimming facilities, subject to the approval of the Commission.

33.6.8 Parking Two (2) off-street parking spaces shall be provided for each dwelling unit, with at least 50 percent of said spaces located within enclosed garages. All spaces shall be located within 200 feet of the intended users. Additional visitor parking shall be provided at appropriate locations at the ratio of one (1) space for each three (3) dwelling units. Not withstanding the above, however, the Commission may permit a reduction in the total number of off-street parking spaces intended to serve dwelling units specifically designed for and intended for occupancy by one or more elderly persons of 62 years of age or older to one (1) off-street parking space for each unit, none of which need be located within enclosed garages. No surface parking area shall extend within less than 15 feet of any building or property line.

33.6.9 Landscaping: The entire area of the lot not used for buildings, driveways, and parking areas shall be suitably landscaped with lawns and with trees and/or shrubs or shall be left as undisturbed natural terrain. Parking areas shall contain evenly distributed landscaped areas protected by solid curbing every sixth (6th) space in a row of parking spaces. Fences, walls, earth berms and/or closely planted evergreens, trees, hedges or shrubs shall be used to screen parking areas to a height of four (4) feet, from streets, adjoining properties, recreation areas or maintenance areas, as required.

33.6.10 Neighborhood: The site plan and architectural plans shall be of a character as to harmonize with the neighborhood, to accomplish a transition in character between areas of unlike character, to protect property values and to preserve and enhance the appearance and beauty of the community.

33.6.11 Bond The applicant shall, as a condition of approval, post a performance bond with surety satisfactory to the Planning and Zoning Commission and in amount sufficient, as approved by the Planning and Zoning Commission to insure completion of streets, driveways, parking areas, sidewalks, drainage, sewer systems, landscaping and other essential site improvements in accordance with the application as approved.

33.6.12 Re-approval: Multi-family residential developments are not longer permitted in Residence R-1 Districts. Notwithstanding this fact, an outstanding Application for a multi-family residential development in a Residence R-1 District that was approved prior to May 27, 1987 and which has not yet been completed may be re-approved by the Commission after public hearing, for good cause shown. In re-approving said Application, the Commission shall make a finding that there is no increase in the number of dwelling units, that there is no substantial change in the plans as originally approved, that there are no outstanding violations with respect to the original approval and the work completed to date. As a condition of such approval, the Commission may require certain minor modifications and/or aesthetic enhancements to the original approved plans, may review and adjust outstanding performance bond values to adequately reflect the current value of work covered by such bond and may impose such other conditions as it shall deem appropriate in each specific instance.

Applications for indoor amusement centers shall also conform to the following special standards:

33.7.1 Minimum Size: An indoor amusement center shall contain not less than 3,000 square feet of open floor area contained on one floor within a single building.

33.7.2 Limitation on Electric and Electronic Games and Devices: Not more than 50% of the open floor area shall be devoted to games and/or entertainment devices and equipment that are electrically or electronically controlled. In measuring such area, a minimum width of 2 feet shall be allocated per each game machine designed for use by one player, and 31/2 feet where the game machine is designated for use by two players. The depth of space in front of the game machine shall be at least 5 feet and there shall be a minimum aisle width beyond this 5 feet of an additional 3 feet.

33.7.3 Hours of Operation: Indoor amusement centers shall only operate between the hours of 10:00 a.m. and 12:00 midnight.

33.7.4 Movies, Motion Pictures and Photographic Displays: No movies, motion pictures or photographic displays or devices, whether set in motion by the insertion of coins, slugs, tokens or by any other means whatsoever shall be permitted in any indoor amusement center.

33.7.5 Parking: Adequately lighted and visible off-street parking shall be provided in the amount of one (1) off-street parking space per two (2) players, based upon the maximum possible number of players of all games of all types on the premises. Provisions shall be made for periodic policing to prevent loitering and at least once per day litter shall be cleaned-up and removed from said areas.

33.7.6 Supervision: All separate rooms and alcoves and all portions of the center shall be arranged so that there is a management attendant within the room or such that management attendants outside the room can easily see and supervise the interior of all rooms. Readily visible signs, with location, size and text approved by the Commission, shall be installed to indicate that the use of the machines by persons under 16 years of age shall not be permitted during normal school hours.

33.7.7 Discretionary Refusal: The Commission may refuse to grant a special exception for an indoor amusement center if there is reasonable cause to believe that the location of the facility and the operation of the center at that location will have a detrimental effect upon any church, school, charitable institution, hospital, place of public assembly or established business area. Any location within 1,000 feet of any of the aforesaid shall be deemed to have a potential detrimental effect on same.

Applications for hotels and motels within the Industrial IA-3 District shall also conform to the following special standards:

33.8.1 Lot Area and Shape: The use shall be located on a lot having a minimum area of four (4) acres, which lot shall also be of such shape that a square having a minimum dimension of 250 feet on each side will fit on the lot.

33.8.2 Setbacks: No building or other structure shall extend within less than 40 feet of any street line, or property line.

33.8.3 Sanitation Each hotel or motel shall be connected to the City sanitary sewer system and shall be served by public water.

33.8.4 Parking: In addition to the hotel and motel parking requirement of Paragraph 42.5.10 plus the restaurant requirement of Paragraph 42.5.11 one (1) additional paved parking space shall be provided for each 75 square feet of gross "function" area, and located on a lot distant not more than 300 feet in a direct line from the building. Additional employee parking shall also be provided at the rate of one (1) space for each two (2) employees in excess of 10 employees during the largest daily work shift period.

33.8.5 Proximity to Route 8 Expressway: The principal driveway entrance to the lot shall be from a City or State Highway and at a point on and measured along such Highway within 3,100 feet of a point of entrance or exit to the Route 8 Expressway.

33.8.6 Other Uses: Restaurants and other supporting uses, permitted in IA-3 Districts, may be included in the required minimum four (4) acre lot area provided said uses are included within the principal hotel or motel structure. Automotive service uses are not considered to be accessory or supportive uses.

33.8.7 Bond: The applicant shall, as a condition of approval, post a performance bond with surety satisfactory to the Planning and Zoning Commission and in amount sufficient, as approved by the Commission, to insure completion of streets, driveways, parking area, sidewalks, drainage, sewer systems, landscaping and other essential site improvements in accordance with the application as approved.

Applications for professional offices in Residence Districts shall also conform to the following additional standards:

33.9.1 Definition: A professional office for purpose of this section is an office maintained by 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, and shall include such other persons as may be engaged in support of the office in a nonprofessional capacity.

33.9.2 Lot Area and Shape A professional office shall be located on a lot having a minimum area of 60,000 square feet with a minimum lot frontage of 150 feet on a street, which lot shall be of such shape that a square with 150 feet on each side will fit on the lot.

33.9.3 Location The lot on which the professional office is located shall adjoin Leavenworth Road-Howe Avenue-River Road, currently designated as Connecticut Route #1 10.

33.9.4 Building Area, Height: The maximum area of the ground floor of all buildings on the lot shall be 3,500 square feet, not more than 3,000 square feet of which shall be in one building; the building height shall not exceed two stories and necessary roof structures.

33.9.5 Number of Buildings: There shall be no more than one building on the lot unless there are already two buildings on it at the time application is made for the special exception; in any event there shall be no more than two buildings on the lot.

33.9.6 Setbacks No building or other structure shall extend within less than forty feet of any street line or fifty feet of any property line except for any existing structure which may continue as a non-conforming structure.

33.9.7 Utilities Each building shall be served by public water and shall be connected to the City sanitary sewer system or shall have a system for on-site sewage disposal approved by the Valley Regional Health District.

33.9.8 Parking There shall be at least one off-street parking space for each 300 square feet of floor area of all buildings on the lot, and located on the same lot with the buildings. The Commission reserves the right to request such additional spaces as it deems necessary to satisfy the needs of the intended office tenants and clients.

33.9.9 Number of Employees: There shall be no more than one employee for each 200 square feet of floor area in the building or buildings on the lot.

33.9.10 Architectural and Aesthetic Compatibility: The design, layout appearance and location of all proposed structures, additions to structures and permitted signs shall be architecturally and aesthetically compatible with the surrounding residential neighborhood.

33.9.11 Buffer Area: Adjacent to each property line there shall be a greenbelt having a minimum width of twenty (20) feet landscaped to provide effective buffering from adjoining properties, to the satisfaction of the Commission.

33.9.12 Exterior Lighting: All exterior lighting, when required, shall be located and arranged so as not to cause off-site glare and shall be compatible with the surrounding neighborhood.

33.9.13 Other: The Commission may impose such other controls and restrictions as it deems necessary to protect adjacent properties and assure compatibility with the surrounding residential neighborhood.

In Industrial Districts, Applications for business and professional offices rendering services to customers and clients on the premises and not subject to the 20 percent and/or 5,000 square foot limitation, shall also conform to the following additional standards:

33.10.1 Location The lot on which the business and professional office is located shall adjoin Bridgeport Avenue, currently designated as State Route 714.

33.10.2 Parking There shall be at least one off-street parking space for each 200 square feet of floor area devoted to such business and professional office use, and located on the same lot with the building. The Commission reserves the fight to request such additional spaces as it deems necessary to satisfy the needs of the intended office tenants and their customers and clients. The Commission at its discretion may permit a delay in the installation of to 25% of the required parking provided it can be shown where the total parking will be provided and an acceptable mechanism established to guarantee the installation of the remaining spaces upon the demand of the Commission to do so. A simple statement indicating that a parking structure will be provided if needed will not suffice.

33.10.3 Conversions of Existing Offices: Existing buildings proposed to be converted in whole or in part to occupancy under this Section shall include in the Statement of Use an identification and space tabulation of corporate and other office tenants not rendering services to customers and clients on the premises together with a numerical tabulation of current employees. The Statement should include an indication of why the mixed occupancy will not adversely impair the existing corporate office use of the present occupants. Confirmation of the adequacy of available parking facilities should also be provided.

Applications for single family residential developments consisting of not more than six (6) single detached dwellings for one (1) family shall conform to the following additional standards:

33.11.1 Lot Area and Shape: Each such single family residential development shall be located on a lot having a minimum area of six (6) acres with a minimum lot frontage of 150 feet on a street, which lot shall also be of such shape that a square with 250 feet on each side will fit on the lot.

33.11.2 Development Density: Each such lot shall contain an area of not less than 60,000 square feet for each dwelling, and for purposes of computing the allowable number of dwellings, the area of ponds, marshes and other wetlands and areas with a natural slope in excess of 40% shall not exceed 50% of the required lot area.

33.11.3 Utilities All dwellings shall be served by public water supply and the public sanitary sewer system, when such are available in reasonable proximity to the lot. The Commission may, at its discretion, permit individual or combined on-site systems, only when approved by the Valley Health District and other regulations.

33.11.4 Setbacks All dwellings and other structures shall be set back not less than 50 feet from perimeter project property lines or public street lines and such required setback area shall be preserved in its natural state, except for permitted grading and access drives.

33.11.5 Parking A minimum of two (2) off-street parking spaces shall be provided for and located at each dwelling, at least one (1) of which shall be located within an enclosed garage. Appropriate visitor parking shall be provided. Not more than four (4) parking spaces shall be centralized at any one location. Other than private, passenger vehicles in everyday use, any open parking and/or storage of campers, mobile homes, boats and trailers or any other recreational vehicles shall be located to the rear of the rear building line of the principle structure and screened from view of adjoining dwellings, unless otherwise approved by the Commission.

33.11.6 Private Access Drives: Such single family residential development may be served by a private, paved access drive having a minimum width of 20 feet and adequate in thickness to accommodate fire and other similar, emergency apparatus. Pavement shall consist of dense graded bituminous concrete not less than two and one-half (2 1/2) inches in depth after rolling, placed on a gravel base having a minimum depth of eight (8) inches after compaction. Vertical and horizontal geometry shall be subject to the approval of the Commission. The maximum gradient shall not exceed twelve (12) percent, except that under unique circumstances involving exceptionally difficult topography, the Commission may permit limited portions of said access drive to have a gradient of up to fourteen (14) percent.

33.11.7 Bond The applicant shall, as a condition of approval, post a performance bond with surety satisfactory to the Commission and in amount sufficient, as approved by the Commission, to assure completion of the common elements, including access drives, parking areas, sidewalks, storm drainage, utility services, general site landscaping and other essential site improvements, in accordance with the Application as approved.

33.11.8 Subdivision: Subject to all the provisions heretofore defined in Section 33.11, fee ownership subdivision of property may be allowed. When not in conflict with the provisions of Section 33.1 1, the zoning regulation performance standards for the underlying residential zone shall govern. Minimum individual lot area shall be defined by the underlying residential zone.

Applications for high-density, mixed-use developments consisting primarily of elderly one bedroom and efficiency dwelling units above ground floor retail and office uses shall conform to the following additional standards:

33.12.1 Location The lot on which the mixed-use development is proposed shall be located within the designated "Central Business District" as officially delineated on the Building Zone Map of the City of Shelton.

33.12.2 Development Density: Notwithstanding the provisions of SCHEDULE B - STANDARDS, mixed-use developments shall be located on a lot having at least the following minimum area per dwelling unit or any combination thereof

a. Efficiency and one Bedroom, Elderly Dwelling Units: 300 s.f. of lot area per d.u.

b. Non-Elderly, Efficiency D.U.s: 1500 s.f. of lot area per d.u.

c. Non-Elderly, One Bedroom Dwelling Units: 2500 s.f. of lot area per d.u.

No additional lot area requirement is imposed for any ground level, nonresidential occupancy.

33.12.3 Dwelling Unit Size: Notwithstanding the provisions of SCHEDULE B - STANDARDS, each dwelling unit shall contain a minimum floor area as follows:

a. Efficiency Dwelling Units: 400 square feet of floor area

b. One Bedroom D.U.s: 500 square feet of floor area

33.12.4 Setbacks. Coverage and Floor Area Ratios: Notwithstanding the provisions of SCHEDULE B - STANDARDS, each mixed-use development shall conform to the following standards:

a. Street Line Setback: 0 feet

b. Other Property Line Setbacks: 10 feet (Commission may reduce this to zero, depending -upon other property line considerations and potential impact on adjacent buildings.)

c. Maximum Height: 40 feet (Commission may increase the maximum height to 60 feet for buildings fronting on Howe Avenue and/or Canal Street in the Central Business District.)

d. Maximum Lot Coverage: 100%

e. Maximum floor Area Ratio: 2.50 (Relative to Lot Area)

33.12.5 Parking Within the delineated and designated Central Business District. parking for ground floor commercial occupancy is provided at various municipal, off-street parking areas under the direction of the Shelton Parking Authority. In addition to the above, additional on-site, off-street parking shall be provided in accordance with the following ratios:

a. For non-elderly, one bedroom -units: 1.0 spaces per unit.

b. For non-elderly efficiency units: 0.75 spaces per unit.

c. For all elderly units: 0.50 spaces per unit.

Notwithstanding the above and the provisions of SECTION 42, the Commission may, at the request of the applicant, permit a reduction in the total number of on-site, off-street parking spaces intended to serve the dwelling units, provided that a Statement is obtained from the Shelton Parking Authority confirming that an adequate number of conveniently located off-street parking spaces are currently available in existing facilities in close proximity to the proposed mixed-use development, and that the applicant agrees, under the provisions of Sec.8-3c of the Connecticut General Statutes, to make a payment in lieu of providing said number of on-site spaces at an amount per space to be determined by the Parking Authority. Said funds are to be appropriately encumbered and reserved for use in providing additional future municipal offstreet parking facilities to service the designated Central Business District. For mixed-use development proposals involving direct financial participation by the City of Shelton, in recognition of the past and on-going funding of off-street parking facilities to serve the designated Central Business District, the Commission and the Parking Authority may waive all of a portion of the payment in lieu of parking required above.

33.12.6 Elderly Occupancy: Any Application for a Certificate of Zoning Compliance for a development including one of more elderly dwelling units shall be accompanied by a notarized affidavit sighed by the owner of the premises affirming that the occupancy of the units will comply with the requirements set forth above. Issuance of the Certificate of Zoning Compliance is conditioned upon the annual filing with the Commission of a notarized affidavit certifying to the occupancy of the units. the Commission may waive this requirement for those developments administered under the direct supervision or management of the Shelton Housing Authority.