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 or more of the provisions of these Regulations, may be continued in accordance with the following provisions hereinafter specified.

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.

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.

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.

41.4.1 Additional, Accessory Uses: Subject to the securing of a SPECIAL EXCEPTION in accordance with the provisions and procedures of SECTION 33 of these Regulations, any pre-existing, non-conforming use located in a Residential District an any property situated adjacent to and contiguous with a commercial zone may be expanded in scope to include such incidental accessory uses which are customary, suitable or associated with said non-conforming use and subject to the following additional standards and conditions:

a. The accessory use shall be located on the same lot with the permitted, preexisting non-conforming use to which it is accessory.

b. The proposed accessory use must be one which would have been permitted in the adjacent commercial zone.

c. The street serving the proposed use shall be deemed adequate to accommodate the additional activity.

d. The additional activity shall not increase existing or create new potential adverse impacts on adjacent residential areas. Existing transition areas and buffer strips shall not be compromised to make space for the expanded activity.

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.

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.

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 within 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.

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.

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 5.30 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 5,000 square feet and is served by sanitary sewers or has a minimum area of 10,000 square feet if not served by sanitary sewers.

Any trailer lawfully existing on the effective date of this Paragraph and used or occupied as a dwelling may continue to be so use 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 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 non-conforming 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 $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 12 months and date trailer was removed from lot number, if within past 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 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 I" equal to 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 3,500 square feet with no dimension less than 40 feet. The maximum total number of trailer sites in any trailer park shall not exceed 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 20 feet of clearance between each trailer.

e. All trailer sites shall have a minimum frontage of 25 feet on a roadway of not less than 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 100 feet from any other property line.

1. Along and adjacent to all property lines, a strip of land not less than 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 40 feet to the inch, and conforming to all of the provisions, requirements and standards set forth in Paragraph 41.1O.2 above.

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 (1) year period shall be deemed a violation of these Regulations and the excavation or removal shall thereafter be discontinued. The one (1) 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 60 days in advance of the end of the one (1) 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 3 2.2 as excluded from the provisions of SECTION 32.

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.

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 offstreet 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.

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 18 feet and shall contain an area of 180 square feet, except that the minimum area may be reduced to 160 square feet for spaces located in or on a building or structure; one (1) loading space shall constitute an area 12 feet in width and 30 feet in length with a vertical clearance of 15 feet with such shape, access and slope as to accommodate one (1) truck having an overall length of 30 feet.

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 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, off-street parking shall also conform to the following minimum standards:

42.3.1 No off-street parking spaces shall extend to within less than five (5) feet of any dwelling;

42.3.2 Not more than 50% of the area required for setback from a street line shall be used for driveways and off-street parking and except for necessary driveway entrances, any parking spaces and their access drives located within the area required for setback from a street line shall be separated from such street line by a landscaped planting strip having a minimum width of six (6) feet; and

42.3.3 The aggregate lot coverage of all buildings, other structures and off-street parking and loading spaces, including driveways, shall not exceed 50% of the area of the lot.

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 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 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.

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 time. Off-street parking spaces shall be provided in accordance with the following minimum standards:

42.5.1 Dwellings containing one or two 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 dwelling units: one and one half (I 1/2) 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 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 (1.5) 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 150 square feet of ground floor area of the building and each 300 square feet of upper floor area, and located on a lot no more than 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 200 square feet of ground floor area of the building and each 400 square feet of upper floor area, and located on a lot not more than 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: 10 spaces, and located on the same lot with the building.

42.5.8 Undertaker's establishments: 15 spaces, and located on a lot not more than 300 feet in a direct line from the building.

42.5.9 Hotel and motels: one (1) space for each sleeping room, and located on the same lot with the building.

42.5.10 Restaurants, taverns, bars, night clubs and dance halls in other than Commercial CA-3 Districts: one (1) space for each 75 square feet of patron floor area, and located on a lot not more than 300 feet in a direct line from the building.

42.5.11 Restaurants, taverns, bars, night clubs and dance halls in Commercial CA-3 Districts: one (1) space for each 100 square feet of patron floor area, and located on a lot not more than 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 (1.5) employees during the largest daily work shift period and located on a lot not more than 500 feet in a direct line from the building.

42.5.13 Warehouses, wholesale businesses, trucking terminals, contractors' 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 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 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 Paragraph 42.5.1 through 42.5.15 to preserve the purpose and intent of this Section.

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 4,000 square feet, shall have one (1) off-street loading space for each 40,000 square feet of gross floor area or fraction thereof, excluding basements.

Whenever two 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.

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.

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

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.

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.

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.

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