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Bethel City Zoning Code

ARTICLE IX

Administration

§ 118-9.1 Administration of Regulations.

A. 
Appointment. The Planning and Zoning Commission shall appoint a Zoning Enforcement Officer and may appoint one or more Assistant Zoning Enforcement Officer(s) who shall act as its agent(s) for administration of these Regulations.
B. 
Duties and responsibilities. The Commission hereby delegates the following administrative duties and responsibilities to the Zoning Enforcement Officer and any Assistant Zoning Enforcement Officer(s):
(1) 
To issue or withhold zoning permits, as herein provided.
(2) 
To issue or withhold certificates of zoning compliance, as herein provided.
(3) 
To enforce these Regulations in accordance with § 118-9.2.
(4) 
To maintain a proper record of all applications, zoning permits, certificates of zoning compliance, site plans and plot plans, complaints, violations, orders, corrections, correspondence, notices, fees levied and collected and such other data and files as are required by these Regulations.
(5) 
To report regularly to the Commission and carry out its directives in all matters pertaining to these Regulations.
(6) 
Any and all duties referred to in these Regulations.
(7) 
Any other duties or responsibilities which the Commission chooses to delegate.

§ 118-9.2 Enforcement.

A. 
Appointment. The Planning and Zoning Commission shall appoint a Zoning Enforcement Officer and may appoint one or more Assistant Zoning Enforcement Officer(s) who shall act as its agent(s) for enforcement of these Regulations.
B. 
Powers and duties. The Commission hereby grants the following enforcement powers and duties to the Zoning Enforcement Officer and any Assistant Zoning Enforcement Officer(s):
(1) 
To enforce these Regulations uniformly.
(2) 
To inspect or cause to be inspected any building, structure, land, place or premises wherein:
(a) 
Work is proceeding under a zoning permit;
(b) 
Application is made for a certificate of zoning compliance; or
(c) 
There is filed a complaint alleging a violation of these Regulations or of an approved permit or site plan.
(3) 
To order in writing the correction of any condition found to exist therein or thereat in violation of any provisions of these Regulations.
(4) 
To order the stoppage of any work being done in violation of these Regulations.
(5) 
To take remedial action in all instances wherein a violation of the Regulations or of an approved site plan or permit is found, including:
(a) 
Revocation of permits and certificates;
(b) 
The issuance of orders for abatement or correction; or
(c) 
The institution of other measures for relief as may be provided by law.
C. 
Other provisions.
(1) 
The owner, agent, lessee or tenant of any building or premises or part thereof where a violation of any provision shall have been committed or shall exist, or the agent, architect, builder, contractor or any other person who shall commit, take part or assist in any such violation, or who shall maintain any building or premises in which any such violation shall exist shall be guilty of a misdemeanor.
(2) 
Where plans are required to determine conformance with any provision of the zoning regulation, appropriate plans shall be filed which are sufficient in scope and character to determine that all relevant requirements of the zoning regulations have been met.
(3) 
In cases where the particular skill or competence of some other Town department is relevant to an evaluation of the plans under the zoning regulation, the Zoning Enforcement Officer may refer such plans to such department for a report.
(4) 
Any person, persons, party, firm or corporation, whether property owner, lessee or tenant, who or which perpetrates or allows a violation of these Regulations shall be liable to the penalties prescribed by law (NOTE: Refer to C.G.S. § 8-12) and such legal relief as may be available to the Town of Bethel.
(5) 
The Zoning Enforcement Officer or his assistant shall first order the abatement or correction of such violation, allowing 10 days, or such other time as provided by statute, for compliance. (NOTE: Refer to C.G.S. § 8-12.)
(6) 
Failure to correct such violation after the specified deadline for correction shall constitute a separate offense for each day such condition persists, and legal enforcement remedies shall thereafter be pursued to completion by the Commission and the Zoning Enforcement Officer.

§ 118-9.3 Zoning Board of Appeals.

A. 
Establishment. There shall be a Zoning Board of Appeals pursuant to the provisions of Chapter 124 of the Connecticut General Statutes (C.G.S. § 8-1 et seq.).
B. 
Powers and duties. The Zoning Board of Appeals shall have the powers and duties set forth in the Connecticut General Statutes, including:
(1) 
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, provided that:
(a) 
Such appeal shall be made within 15 days of the order, requirement or decision.
(b) 
The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, or decision of the official charged with the enforcement of the Regulations.
(2) 
To determine and vary the application of the Zoning Regulations (a "variance") 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 and only when such determination or variance shall:
(a) 
Be in harmony with the general purpose and intent of these Regulations;
(b) 
Give due consideration for conserving the public health, safety, convenience, welfare and property values; and
(c) 
Result in substantial justice being done and the public safety and welfare secured.
(3) 
To hear and decide all matters referred to it and upon which it shall be required to pass under any provision of these Regulations.
C. 
Nature of variances.
(1) 
Any variance granted by the Board shall run with the land and shall not be personal in nature to the person who applies for and receives the variance.
(2) 
A variance shall not be extinguished solely because of the transfer of title to the property or the invalidity of any condition attached to the variance that would affect the transfer of the property from the person who initially applied for and received the variance.
(3) 
The application of a regulation affirming a statute shall not be subject to variance.

§ 118-9.4 Administrative provisions.

A. 
Severability. Should any provision of these Regulations be declared unconstitutional or beyond the powers granted to the Commission by law, such action shall not affect the validity of any other provision or part hereof.
B. 
When effective. These Regulations and any amendments hereto shall be effective from and after the effective date established by the Commission.