Beacon Falls City Zoning Code
PART 8
Administration and Enforcement
§ 380-81.1 Rules and procedures.
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 and may adopt rules and procedures necessary to exercise its authority.
§ 380-81.2 Powers and duties.
The powers and duties of the Zoning Board of Appeals include the following:
A.
To hear and decide appeals where it is alleged that there is an error in any order, requirement or decision made by the Zoning Enforcement Officer;
B.
To hear and decide all matters upon which it is required to pass by the specific terms of these regulations or of the General Statutes of the State of Connecticut; and
C.
To determine and vary the application of these 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 these regulations would result in exceptional difficulty or unusual hardship, so that substantial justice will be done and the public safety and welfare secured.
§ 380-81.3 Notice to abutters.
[Added 10-18-2018]
In all applications to the Zoning Board of Appeals, the applicant shall mail notice of the public hearing no later than 10 days before such hearing to all owners of property that abut the property which is the subject of the application. The names and addresses for abutters shall be those as recorded in the office of the Town Assessor on the date the application is filed. Evidence of such mailing shall be presented to the Zoning Board of Appeals at the start of the public hearing.
§ 380-82.1 Zoning Enforcement Officer.
The Commission shall appoint a Zoning Enforcement Officer, who shall have the responsibility and authority to enforce the provisions of these regulations. The Commission may appoint Deputy Zoning Enforcement Officers to assist and act for him.
§ 380-82.2 Application for certificate of zoning compliance.
All applications for a certificate of zoning compliance shall be submitted to the Zoning Enforcement Officer and shall be accompanied by three copies of a plan drawing or drawings, drawn to scale, and showing the following:
A.
Area of the lot and the dimensions and angles or bearing of all lot lines;
B.
The height, dimensions, use, floor area, ground coverage and location of all buildings and other structures, whether existing or proposed;
C.
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;
D.
The locations of any existing or proposed wells and private sewage disposal systems;
E.
The locations, area and dimensions of any signs, outside storage areas, site development and landscaping that are subject to the provisions of these regulations; and
F.
Such additional information as may be necessary to determine compliance with the provisions of these regulations. In addition, the application shall be accompanied by other plans, drawings, data and statements necessary to determine compliance with the provisions of these regulations. For proposed construction involving only interior alterations or exterior alterations with no enlargement or extension of the building or structure, the Zoning Enforcement Officer may waive the required submission of a plan drawing. Applications which pertain to a nonconforming building or other structure or a nonconforming lot shall be prepared and certified by either a land surveyor or engineer licensed to practice in the State of Connecticut.
§ 380-82.3 Supporting applications.
When required by the provisions of Part 5 and Article 64, the application for a certificate of zoning compliance shall be accompanied by specified additional applications and related site plans, architectural plans and other plans and drawings. Such plans and drawings, if incorporating all of the information required for a plan drawing under § 380-82.2, may be substituted for such plan drawing.
§ 380-82.4 Fees.
§ 380-82.5 Staking.
No application for a certificate of zoning compliance shall be approved by the Zoning Enforcement Officer for any new construction until the applicant has accurately placed stakes or markers on the lot, indicating the location of proposed construction. The Zoning Enforcement Officer may require the applicant to place stakes or markers on the lot, indicating the location of lot lines. The Zoning Enforcement Officer may require that placement of stakes or markers be made and certified by either a land surveyor or engineer licensed to practice in the State of Connecticut.
§ 380-82.6 Approval and issuance.
The Zoning Enforcement Officer shall approve an application for a certificate of zoning compliance and shall issue a certificate of zoning compliance when he determines that all of the requirements of these regulations have been met. No application shall be considered approved and no certificate shall be considered issued unless signed by the Zoning Enforcement Officer or his Deputy. If deemed necessary to determine compliance with these regulations and before issuance of a certificate of zoning compliance, the Zoning Enforcement Officer may require the applicant to furnish measurements of any construction features subject to the requirements of these regulations, including setback distances, which measurements shall be prepared and certified by a land surveyor licensed to practice in the State of Connecticut. Within 10 days after notification by the applicant that the premises is ready for occupancy, or within 10 days after receipt of the certified measurements if required, the Zoning Enforcement Officer shall issue or deny a certificate. One copy of the plan drawing or drawings shall be returned by the Zoning Enforcement Officer to the applicant. The following additional requirements shall apply to the approval of applications and the issuance of certificates:
A.
Sanitation. Where a proposed use or a proposed building or other structure involves the installation, extension, relocation or reconstruction of a private sewage disposal or water supply system, no application for a certificate of zoning compliance shall be approved until plans for such system have been approved by the Director of Health or his authorized agent; no certificate of zoning compliance shall be issued until such system has been completed and approved by the Director of Health or his authorized agent or until the use of[1] building or structure has been provided with connections to a public sanitary sewer and/or public water supply system.
[1]
Editor's Note: So in original.
B.
Conditions. Any maps, plans, documents, statements, and stipulations submitted to and approved by the Commission in connection with any action of such Commission and any conditions of approval attached by the Commission shall be conditions for approval of an application for a certificate of zoning compliance by the Zoning Enforcement Officer and issuance by him of a certificate.
C.
Temporary certificate. Upon certification by the applicant that the public health and safety will not be impaired and that there will be compliance with all other laws pertaining to health and safety, the Zoning Enforcement Officer may issue a temporary certificate of zoning compliance having a duration of not more than six months and renewable only for one additional six-month period for the temporary use of land, buildings and other structures in the process of improvement and completion in accordance with an approved application.
D.
Other permits. Approval of an application or issuance of a certificate shall not be construed to constitute compliance with any other regulation, ordinance or law nor to relieve the applicant from responsibility to obtain any permit thereunder. The Zoning Enforcement Officer may, at his discretion, withhold approval of an application or issuance of a certificate until any such permit has been approved and obtained by the applicant.
§ 380-82.7 Inspections.
The Zoning Enforcement Officer is authorized to inspect or cause to be inspected any land, building or other structure to determine compliance with these regulations. No certificate of zoning compliance shall be issued until the Zoning Enforcement Officer has inspected the land, building or other structure involved to conform to these determine that the use and/or the buildings or other structures regulations.[1]
[1]
Editor's Note: So in original.
§ 380-82.8 Orders.
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 is not being carried out in compliance with these regulations; he shall withdraw such order when he determines that there is compliance with these regulations. The Zoning Enforcement Officer is authorized to order, in writing, the remedying of any condition found to be in violation of these regulations.
§ 380-82.9 Records.
The Zoning Enforcement Officer shall keep records of all fees, all applications and certificates, all identifiable complaints of any violation of these regulations, all inspections made under these regulations and all notices of violation served by him and the action taken thereon.
§ 380-82.10 Administrative rules and procedures.
The Commission may from time to time by resolution adopt administrative rules and procedures for the enforcement of these regulations.
§ 380-82.11 Time limit.
An application for a certificate of zoning compliance approved hereunder shall be valid only if execution of the work for which the application was approved is substantially underway within a period of 18 months of the date of approval and is completed within a reasonable time thereafter.
§ 380-82.12 Issuance of certificate without Commission review.
[Amended 11-17-2014]
The Zoning Enforcement Officer may issue a certificate of zoning compliance for uses that do not require Commission review under Part 5 of the Zoning Regulations with the consent of the Commission Chairperson.
§ 380-83.1 Penalties for offenses.
Any person, firm or corporation who shall violate any provisions of these regulations shall be subject to penalties in accordance with the General Statutes of the State of Connecticut pertaining to zoning.
§ 380-83.2 Remedies.
The proper authorities of the Town of Beacon Falls, or any person, firm or corporation, may institute any appropriate action or proceedings to enforce the provisions of these regulations or to prevent, restrain, enjoin, correct or abate any violation of these regulations, as may be authorized by law.
§ 380-84.1 Amendment procedure; petition.
These regulations, including the Zoning Map which is a part hereof, may be amended by the Commission on its own initiative or when initiated by a written petition. Any amendment may be adopted only after due notice and public hearing as prescribed by the General Statutes of the State of Connecticut. Any petition for amendment shall be prepared and submitted in accordance with any rules for submission of petitions adopted by resolution of the Commission.
§ 380-85.1 Severability.
If any provision of these regulations is adjudged by a court of competent jurisdiction to be invalid, the effect of such decision shall be limited to the provision expressly stated in the decision to be invalid, and all other provisions of these regulations shall continue to be valid and fully effective.
§ 380-85.2 Decisions relating to particular building, structure or lot.
If any provision of these regulations is adjudged by a court of competent jurisdiction to be invalid as such provision applies to a particular building, other structure or lot, the effect of such decision shall be limited to the particular building, other structure or lot, and the general application of such provision to other buildings, structures or lots shall not be affected.
§ 380-86.1 When effective.
These regulations, and any amendment or change hereto, shall be in full force and effect from the date established by the Commission in accordance with the General Statutes of the State of Connecticut.
§ 380-86.2 Repealer.
The Zoning Regulations of the Town of Beacon Falls, Connecticut, previously adopted, and all amendments thereto, are repealed coincident with the effective date of these regulations. The repeal of the above regulations, and all amendments thereto, shall not affect or impair any act done, offense committed or right accruing, accrued or acquired or any liability, penalty, forfeiture or punishment incurred prior to the time such repeal took effect, but the same may be enjoined, asserted, enforced, prosecuted or inflicted as fully and to the same extent as if such repeal had not been effected.[1]
[1]
Editor's Note: Original Sec. 77, Planning and zoning fees, which immediately followed this article, was removed as superseded by Ch. 203, Fees, Art. II, Master Fee Schedule, of the Town Code. Original Sec. 78, Uses subject to moratorium, effective 4-16-2014, was removed as having expired after one year.