An accessory dwelling unit is' a dwelling unit that is accessory and subordinate to a single detached dwelling for one (1) family. Such accessory dwelling unit constitutes an additional use for which an Application for a Certificate of Zoning Compliance and a Certificate of Zoning Compliance is required.

An existing single family detached dwelling in any Residence District may be used or modified to allow the incorporation of one (1) accessory dwelling unit subject to the following standards, conditions and procedures applicable to the establishment of any such accessory unit.

45.6.1 The existing single family detached dwelling shall have been in existence for a period of not less than five (5) years as evidenced by a previously issued Certificate of Zoning Compliance for said dwelling. The accessory dwelling unit shall be incorporated either completely within an existing, principal single family dwelling or added to said principal dwelling provided that both dwelling units shall be attached by a common wall, floor or ceiling and not simply connected by an attached porch or breezeway. An attached garage structure meeting the above criteria and when converted to an accessory dwelling unit is considered to be incorporated within the dwelling.

45.6.2 The accessory dwelling unit shall be provided with a kitchen and a complete bathroom, separate from the principal dwelling and with two (2) means of egress, including a separate outside door. The accessory unit shall be provided with two (2) off-street parking spaces in addition to those required for the dwelling and said spaces shall be accessible independently of the spaces required for the dwelling. Where additional garage spaces are to be provided, all said garage spaces serving both principal and accessory dwelling unit shall be located in the same general portion of the dwelling or in a detached garage served by the same driveway.

45.6.3 No existing single family dwelling shall qualify under these Regulations unless it is located on a lot having at least the minimum lot area as required by these Regulations and is or will be served by public water and municipal sanitary sewers. If said dwelling is not served by municipal sewers, it shall be located on a lot having a minimum lot area of 30,000 square feet or as required by the applicable District, whichever is greater, and shall be served by an on-site disposal system with sufficient capacity to satisfy the Connecticut Health Code and the Regulations of the Naugatuck Valley Health District and evidenced by an appropriate certification form from said Health District as adequate to serve the existing dwelling unit and the accessory unit. If said dwelling is not served or capable of being served by public water supply, it shall have a minimum lot area of 40,000 square feet or as required by the applicable District, whichever is greater, and shall be served by an on-site water system with sufficient capacity to satisfy the Connecticut Health Code and the Regulations of the Naugatuck Valley Health District and evidenced by an appropriate certification form from said Health District as adequate to serve the existing dwelling unit and the accessory unit.

45.6.4 Either the single family dwelling or the accessory unit shall be occupied by an owner of record of the premises as a principal place of residence.

45.6.5 The single family dwelling containing the accessory unit shall have a design that maintains the appearance of the premises as a single detached dwelling for one (1) family. No exterior change shall be made to the existing front facade of the principal dwelling except for roof dormers or windows. The dwelling when converted to incorporate an accessory unit shall have only one (1) outside door along the front facade elevation unless two (2) such doors existed at the time of conversion. Stairways to an accessory unit on floors above the ground floor of the dwelling shall be located on the side or rear of the dwelling and shall be fully enclosed within the dwelling.

45.6.6 The single detached dwelling shall have no less than the minimum floor area as specified in SCHEDULE B and the accessory unit shall have a minimum floor area of not less than 500 square feet. The maximum floor area of the accessory unit shall not exceed one third of the total habitable floor area of the dwelling, excluding basements, or a maximum of 900 square feet, whichever is less. The accessory unit may be used for a professional or business office in the home but is not eligible to be used for a home occupation in a dwelling unit nor for the renting of rooms. No accessory unit shall be located in a basement or cellar unless such basement or cellar constitutes a story as defined in Paragraph 5.29.

45.6.7 Both the principal and the accessory dwelling units shall be occupied by members of the same family group, all related by blood, marriage or adoption, regardless of age.

45.6.8 The Application for a Certificate of Zoning Compliance shall be accompanied by the following:

a. a notarized affidavit of ownership signed by the owner of the premises and affirming the intent that either the accessory unit or the remainder of the single detached dwelling is to be occupied by an owner of the premises as the principal place of residence, and that the occupancy of the units will comply with the requirements of 45.6.7 above.

b. a certification from the Director of the Valley Regional Health District that the water supply and sewage disposal systems serving the premises, either existing or any proposed construction or modification thereof, conform to current State Sanitary Code requirements and are adequate to serve both the accessory unit and the remainder of the dwelling;

c. a accurate plot plan of the premises drawn to a scale of one inch equals twenty feet and deemed adequate by the Commission to evaluate the proposal for compliance with these provisions; and

d. accurate, scaled floor plan drawings of the single dwelling and accessory unit, and suitable sketches, architectural drawings and/or photographs sufficient to show the character and extent of exterior building and facade construction, including all alterations.

45.6.9 Issuance of a Certificate of Zoning Compliance for an accessory dwelling unit in a single detached dwelling for one (1) family is conditioned upon the following:

a. The Certificate of Zoning Compliance shall not become effective until a copy thereof, certified by the Commission, containing a description of the premises to which it relates and the name of the owner of record, and accompanied by a copy of the notarized affidavit required under 45.6.8a. above, is recorded in the land records of the City of Shelton;

b. that in January of each calendar year, the owner of the premises shall file with the Commission a new notarized affidavit of ownership of the premises and certifying that either the accessory unit or the remainder of the dwelling is occupied by an owner of the premises as required for the original Application; and

c. The Certificate of Zoning Compliance automatically terminates when there is a change in ownership of the premises, provided however, that a new Certificate of Zoning Compliance may be issued upon receipt of the above affidavit from the new owner of the premises.

Farms, truck gardens, forestry, nurseries (including greenhouses incidental thereto) and the keeping of livestock, poultry and other types of birds and fowl, on a lot of not less than 200,000 square feet shall conform to the following standards and conditions:

45.7.1 Farms shall not include commercial piggeries or the commercial breeding and raising of mink, fox or other fur-bearing animals.

45.7.2 All farm buildings, enclosures and feed yards shall comply with the required setbacks for that District, except that the applicable setbacks for the R-1A District shall be those of the R-1 District. Pasture for livestock shall be enclosed by a suitable fence sufficient in height to contain said livestock and setback not less than 5 feet from any property or street line.

45.7.3 There shall be no commercial slaughtering nor fertilizer manufacturing or commercial reduction of animal matter.

45.7.4 Any greenhouse shall be located not less than 100 feet front any property or street line.

The keeping and raising of livestock, horses and other domesticated animals as pets but specifically excluding pigs, fur-bearing animals, chickens, poultry and other fowl, when accessory to a permitted dwelling unit on a lot of not less than 80,000 square feet is permitted and shall conform to the following standards and conditions:

45.8.1 Exclusive of the site of the dwelling, there shall be not less than 40,000 square feet of land, suitable for grazing for one head of livestock kept on the lot, plus 20,000 square feet of suitable land for each additional animal.

45.8.2 Any building used for the housing of livestock or manure shall be setback not less than 100 feet from any street line and 50 feet from any ocher property line.

45.8.3 The area to be used for exercising or feeding of livestock shall be enclosed by suitable fencing, sufficient in height to contain said livestock, which enclosed areas shall not extend within any required setback area. However, other pasture and/or grazing areas capable of maintaining grass cover may extend to within 10 feet of any side or rear property line, provided suitable grass cover is maintained, but shall not extend to within the required street setback area.

45.8.4 All areas used by such livestock shall be maintained in a sanitary condition so as to not be a public health hazard ac determined by the Local, Regional and State health officials.

**Webmasters Note: The previous sections, 45.7 and 45.8, have been added as per an ordinance effective 11/5/04.

Farm wineries and the offering, tasting, sampling and selling of such wine shall be governed by the applicable provisions of the State Liquor Control Act and shall conform to the following standards and conditions:

45.9.1 Such winery shall be located on a farm operating under the provisions of Use Line 9A of Schedule A Permitted Uses on a lot having a minimum area of ten (10) acres.

45.9.2 Said farm shall be accessible directly from a designated State Highway or within 500 feet of said highway on a road deemed adequate and acceptable by the Commission. The site of the winery shall have adequate internal access thereto and be provided with sufficient parking to accommodate projected visitors.

45.9.3 Any proposed buildings intended for farm winery purposes shall be located not less than 100 feet from any street or property line.

**Webmasters Note: The previous section, 45.9, has been added as per an ordinance effective 6/18/04.

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 & Zoning Commission of the City of Shelton, Conn..

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.

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.

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.

46.4.1 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, watercourses 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.

46.5.1 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 offsite 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 of 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.

46.6.1 The Shelton Planning & 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 construed 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 days of the receipt of such plan.

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.

46.8.1 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.