The zoning administrator shall provide such technical, administrative, and clerical assistance and office space as is required by the building inspector to carry out his/her function under the provisions of these regulations.

(Code 1998, § 20-2001)

1.

Who may appeal. Appeals to the city council may be taken by any person aggrieved or by an officer, department, board, or bureau of the governing authority affected by any decision of the governing authority affected by any decision of the zoning administrator. Such appeals shall be filed no later than 30 days after the date of notification of the decision appealed from, by filing with the zoning administrator and with the City of Darien a notice of appeal specifying the grounds thereof. The zoning administrator shall forthwith transmit to the City of Darien all the papers constituting the record upon which the action appealed from was taken.

2.

Legal proceedings stayed. An appeal stays all legal proceedings in furtherance of the action appealed from, unless the zoning administrator certifies to the City of Darien after the notice of appeal shall have been filed with him, that by reason or facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the City of Darien or by a court of record on application, on notice to the zoning administrator, and on due cause shown.

3.

Presentation of evidence. The appellant, and any public agency or private individual shall be entitled to present evidence on matters before the City of Darien, and said city may request technical service, advice, data, or factual evidence from the planning commission and the governing authorities for assistance in reaching decisions.

4.

The City of Darien may, in conformity with the provisions of these regulations, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination of the building inspector, and to that end shall have all the powers of the building inspector or the planning commission. The city may direct the issuance of a permit. It shall be the duty of the building inspector to carry out the decisions of the city.

5.

A building permit issued by the authority of the City of Darien shall become invalid unless the work authorized by such permit shall have commenced within six months of its issuance, or if work or development authorized by such permit is suspended or abandoned for a period of six months after the work or development has commenced. The valid time of a building permit issued by the city may be extended by the city for a good cause.

(Code 1998, § 20-2002)

1.

Notice of hearing shall be given. Before making its decision on any appeal, request for permission to establish a use, request for a variance, or on any other matter within the City of Darien preview, said city shall hold a public hearing thereon. At least 15 days notice of the time and place of such hearing shall be sent to the appellant and petitioner, to the city council, to the building inspector, and to the owners of all properties either adjoining the property with which the hearing is concerned or situated directly across a public right-of-way from said property. Such notice shall contain the name of the appellant or petitioner, the date, time, and place fixed for the haring, and a brief statement of the error alleged by the appellant, or of the variance use requiring special approval or other relief requested.

2.

Erection of sign. Within three days after acceptance for filing of an appeal the applicant shall erect a sign, to be furnished by the building inspector, on the land with which the appeal is concerned. The sign shall be of metal or other durable materials shall have a minimum size of 18 by 18 inches, show the application number, the type of relief sought, the scheduled date, time and place of public hearing, and the telephone number to call for further information. The applicant shall pay a fee of $25.00 and shall deposit a sum of $25.00 for a sign which deposit shall be repaid when the sign is returned.

3.

Adjournment of hearings. Hearings may be adjourned from time to time and, if the time and place of the continued hearing be publicly announced at the time of the adjournment no further notice of such continued hearings shall be required; otherwise, notice thereof shall be given, as in the case of the original hearing.

4.

Who may appear. Any party may appear at the public hearing in person or by agent or by attorney.

5.

Public notice in newspaper. The City of Darien shall give public notice of the hearing in a newspaper published and circulated in the City of Darien by advertisement published at least 15 days prior to the date of the public hearing.

6.

Re-hearings. An application for a re-hearing may be made in the same manner as provided for an original hearing.

7.

Time limit on board's decision. The City of Darien shall reach a decision following a public hearing within a reasonable period of time; however, said period shall not exceed 30 days.

(Code 1998, § 20-2003)

1.

Appeals from actions of the building inspector. The City of Darien shall hear and decide upon appeals where it is alleged there is error in any order, requirement, decision, or determination made by the building inspector in the enforcement of this zoning ordinance or from appeals from decisions or actions of the planning and zoning commission.

2.

Request for permission to establish uses. The City of Darien shall hear and decide upon request for permission to establish uses upon which the City of Darien is required to pass under the terms of these regulations. The application to establish such use shall be approved on a finding by the City of Darien that:

a.

The proposed use does not affect adversely the general plans for the physical development of the City of Darien as embodied in these regulations and in any comprehensive plan or portion thereof adopted by the city council of the City of Darien and Ex-Officio Judges thereof; and

b.

The proposed use will not be contrary to the purposes stated for these regulations; and

c.

The proposed use will not affect adversely the health and safety of residents in the City of Darien; and

d.

The proposed use will not be detrimental to the use or development of adjacent properties or the general neighborhood; and

e.

The proposed use will not be affected adversely by the existing uses; and

f.

The proposed use will be placed on a lot of sufficient size to satisfy the space requirements of said use; and

g.

The proposed use will not constitute a nuisance or hazard because of the number of persons who will attend or use such facility, vehicular movement, noise, or fume generation or type of physical activity; and

h.

The standards set forth for each particular use for which a permit may be granted have met; and

i.

Provided, that the city may impose or require such additional restrictions and standards as may be necessary to protect the health and safety of workers and residents in the community, and to protect the value and use of property in the general neighborhood; and

j.

Provided, that the proposed use shall be subject to the minimum area, setback and other locational requirements of the zoning district in which it will be located; and

k.

Provided, that the proposed use shall be subject to the off-street parking and service requirements of these regulations; and

l.

Provided, that wherever the City of Darien shall find, in the case of any permit granted pursuant to the provisions of these regulations that any of the terms, conditions or restrictions upon which such permit was granted are not being complied with, said board shall rescind and revoke such permit after giving due notice to all parties concerned and granting full opportunity for a public hearing.

3.

Request for a variance. The City of Darien may authorize upon appeal in specific cases such variance from the terms of these regulations as will not be contrary to the public interest where, owing to special conditions, a literal enforcement to the provisions of these regulations will, in an individual case, result in unnecessary hardship, so that the spirit of these regulations shall be observed public safety and welfare secured, and substantial justice done; provided, however, that a variance shall not be granted to permit a use of land or building or structure that is prohibited by this ordinance in the district in question. Such variance may be granted in an individual case upon a finding by the City of Darien that:

a.

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography; and

b.

The application of these regulations to this particular piece of property would create an unnecessary hardship; and

c.

Such conditions are peculiar to the particular piece of property involved; and

d.

Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of these regulations.

4.

Request for extension of nonconforming use. The City of Darien may authorize upon appeal in specific cases an extension of an existing nonconforming use involving an increase in the land area occupied by an open use of land which is a nonconforming use. Said extension may be granted in a nonconforming use. Said extension may be granted in an individual case upon a finding by the City of Darien that

a.

The use is a nonconforming use as defined in these regulations and;

b.

The use is in full compliance with all requirements of these regulations applicable to nonconforming uses; and

c.

The extension of said use will not further injure a permitted use on adjacent property in the same zoning district.

In no case shall the city permit the enlargement of a building for purpose of enlarging a nonconforming use.

(Code 1998, § 20-2004)

Appeals, request for permission to establish a use requiring special approval, requests for variances, and requests for extension of nonconforming uses shall be made on forms provided therefor, and all information required on said forms shall be provided by the appellant. Forms shall be filed with the City of Darien, and the appellant shall pay said city of expenses by the City of Darien unless it contains all pertinent information and is accompanied by the required fee to defray expenses.

(Code 1998, § 20-2005)

Appeals and applications filed in proper form shall be numbered serially, docketed, and placed upon the calendar of the City of Darien. The calendar of appeals to be heard shall be posted conspicuously in the office of the City of Darien and in the office of the building inspector during the period before such hearing date.

(Code 1998, § 20-2006)