Derby City Zoning Code
ARTICLE XIX
Administrative Requirements and Provisions
§ 195-136 Completion of existing buildings.
These regulations or any amendment thereto shall not affect any building or its designated use under the following series of conditions and circumstances:
A.
Complete plans for such building or structure legally filed prior to the effective date of these regulations or any amendment thereto affecting such building or structure or the use thereof.
B.
Actual construction begun within 90 days after the building permit was issued.
C.
Structural framework completed within six months after the building permit was issued.
D.
Entire building completed according to the filed plans within two years after the building permit was issued.
§ 195-137 Certificate of occupancy.
A.
No certificate of occupancy shall be issued by the Building Official for any building or structure hereafter constructed, erected or altered, and any lot or land hereafter put into use, or occupied or used in whole or in part for any use whatsoever, and any change of use of any building, structure, lot or land, or part thereof, shall hereafter be made until a certificate of zoning compliance shall have been issued by the Zoning Officer certifying that such building, structure, lot or land, or part thereof, complies with all applicable provisions of these regulations and of all other applicable ordinances.
B.
Certificates of occupancy shall be granted or denied by the Building Official within 10 days from the date of written application therefor by the owner or his authorized agent.
C.
The Building Inspector shall require from the Zoning Commission or Board of Appeals a written order before issuing a certificate of occupancy in a case involving a special exception use pursuant to Article VI or a variance from the provisions of this chapter pursuant to Article XII.
D.
A certificate of occupancy shall be applied for by the owner or his authorized agent in the case of any building or structure, lot or land proposed to be put into use pursuant to any variance granted by the Zoning Board of Appeals. Such certificate of occupancy, when issued by the Building Official, shall include a detailed description of such variance.
E.
A fee of $15 shall be paid to the city prior to the issuance of a certificate of occupancy.
F.
A record of all certificates of occupancy shall be kept on file in the office of the City Clerk, and certified extra copies thereof shall be furnished upon payment of a fee of $1 per permit to the city.
§ 195-138 Administration and enforcement.
A.
Enforcement.
(1)
Zoning Officer: The Commission shall appoint a Zoning Officer and may appoint one or more Deputy Zoning Officers. The Commission also shall have the responsibility and authority to enforce the provisions of these regulations.
(2)
Enforcement. These regulations shall be enforced by the Zoning Officer and/or designee of the Commission, who shall be empowered to cause any building, structure, place or premises to be inspected and examined and to order, in writing, the remedying of any conditions to be found to exist therein or threat in violation of any provision of these regulations or any permit or approval issued hereunder. The Zoning Officer and/or designee of the Commission shall have such powers and authority as enumerated in Chapter 124 of the Connecticut General Statutes, as amended. The owner or agent of a building, structure or property where such violation shall have been committed or shall exist, or the lessee or tenant of an entire building or an entire lot where such violation 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 such violation or who shall maintain any building or premises in which such violations exist shall be guilty of a misdemeanor punishable as provided in Chapter 124 of the Connecticut General Statutes, as amended.
B.
Zoning permits; application.
(1)
Prior to the construction, reconstruction, change of use, enlargement, extension, moving or structural alteration of any building and prior to any occupancy or use or change in use of any land, building or other structure or part thereof, an application for a zoning permit shall be submitted to the zoning officer. If the Zoning Officer determines that the proposed building or other structure or use is in compliance with these regulations, he/she shall issue a zoning permit. However, no such permit shall be issued for the construction, reconstruction, change of use, enlargement, extension, moving or structural alteration to any building requiring approval of the Commission, Zoning Board of Appeals and/or the Conservation Inland Wetlands Commission until such approvals have been granted by said commissions and boards.
(2)
Application for a zoning permit or a sign permit shall be applied for and submitted to the Zoning Officer prior to submittal of a building permit application.
(3)
Application for a zoning permit shall be accompanied by the following as applicable to the particular proposal:
(b)
A site plan as required in Article V.
(c)
Building and floor plans as specified in Article XVIII.
(d)
A copy of the recorded variance, special exception certificate and/or wetlands permit.
(e)
Verification of local health authority approval.
(f)
Such additional information that the Zoning Officer deems necessary to determine compliance with the provisions of these regulations.
C.
Plot plan.
(1)
A plot plan shall be submitted with an application for a zoning permit for any proposed building, structures and/or improvements. The plot plan shall be submitted in duplicate, shall be drawn to a scale not to exceed one inch equals 20 feet, shall be based on the City of Derby Assessor's maps and shall show all of the following information both existing and proposed, where applicable:
(a)
The name of applicant and property owner.
(b)
The area of the lot and the dimensions of all lot lines and proposed and existing grades.
(c)
Street address and Assessor's map and lot numbers.
(d)
North arrow and graphic scale.
(e)
The height, dimension, use, floor area, ground coverage and location of all buildings and other structures.
(f)
The locations, area and dimension of off-street parking and loading spaces, driveways, easements, and rights-of-way.
(g)
Dimensions of all setback lines observed by buildings and structures.
(h)
The location of any on-site sewage disposal system, water supply well and building lateral.
(i)
Signs and other facilities and improvements that are subject to the provisions of these regulations.
(j)
Any wetlands, watercourses and special flood hazard areas.
(k)
When located in a floodplain area, include existing and proposed site grades, contours and elevations, base flood elevation data, top of foundation elevation, finished floor elevation and any proposed watercourse relocation.
(l)
Soil erosion and sedimentation control plan.
(m)
Such additional information as may be necessary to determine compliance with the provisions of these regulations.
(2)
A certified A-2 plot plan containing all information required in Subsection C(1)(a) through (k) above shall be submitted with an application for a zoning permit for any new dwelling, for any new detached structures 850 square feet in area or larger, and for any addition to an existing detached structure which will result in an area of 850 square feet or larger if the proposed location of the structure is within five feet of required front, side and/or rear yard setbacks.
(3)
The Zoning Officer may waive the A-2 plot plan requirements to allow a partial A-2 survey for critical property lines only in cases where an A-2 survey of the entire property is deemed not practical and/or is not needed to determine conformity with these regulations.
(4)
In cases where an A-2 survey exists, the applicant may use such A-2 survey as a basis for an application without the assistance of a licensed land surveyor, engineer or architect.
(5)
Foundation verification. The applicant shall submit a certified A-2 as-built plot plan to the Zoning Officer within 14 days after completion of foundation footings, columns, piers or walls for verification of setback lines for any new dwelling, for any new detached structures 850 square feet in area or larger and for any addition to an existing detached structure which will result in an area of 850 square feet or larger, if the proposed location of the structure is within five feet of required front, side and/or rear yard setbacks.
D.
Certificate of zoning compliance. Prior to the issuance of any certificate of occupancy by the Building Official, an application for a certificate of zoning compliance shall be submitted to the Zoning Officer. If the Zoning Officer determines the building or other structure, use and/or site work is in compliance with an approved site plan, special exception or special permit and with these regulations, he shall issue a certificate of zoning compliance. Failure to comply with all conditions of an approved plan or with these regulations will cause a delay in the issuance of a certificate of zoning compliance.
§ 195-139 Penalties for offenses.
A.
Any person, firm or corporation violating any of the provisions of these regulations shall, for each violation upon conviction thereof, pay a penalty of up to $100 per violation for each day that such violation shall continue, but, if the offense be willful, the person, firm or corporation thereof shall be fined not less than $100 nor more than $250 for each day that such violation shall continue or be imprisoned not more than 10 days for each day such violation shall continue, or both. Each day that a violation is continued shall be considered a separate violation.
B.
Any person who, having been served with an order to remove any such violation, shall fail to comply with said order within 10 days after such service or shall continue to violate any provision of this regulation in the respect named in such order may also be subject to civil penalty of up to $2,500.
§ 195-140 Amendments.
The Commission may, from time to time, amend, change, modify or repeal these regulations, including the Zoning Map, which is part hereof,[1] on its own initiative or when initiated by a written petition. Any amendment may be adopted only after due notice and a public hearing as prescribed by Section 8-3 of the Connecticut General Statutes, as amended. Any petition for amendment shall be submitted, in writing, on a form prescribed by the Commission, along with the proper fee in accordance with a fee schedule adopted by the Commission, as amended, and shall be accompanied by the following:
A.
Text. For petitions concerning the text of these regulations, 10 copies of the precise wording of the existing and proposed text shall be submitted.
B.
Map. For petitions concerning the Zoning Map:
(1)
Ten copies of a map, drawn to the same scale as the Town Tax Assessor's map, covering the area of the proposed change and all area within 500 feet of the proposed change, and showing for such area the existing and proposed zoning district boundary lines, the existing property lines and the names of the current property owners as indicated in the City of Derby Assessor's records.
(2)
A metes and bounds description of the property to be changed.
(3)
"Notice of Public Hearing" sign. The petitioner requesting amendment of the Zoning Map shall post a sign on the property in the area proposed to be changed, which sign shall be visible and legible to passersby on the principal street at the change area. Such sign, to be provided to the petitioner by the city, shall state the date, time and place of the public hearing, shall indicate what change of zone is being requested and shall be in evidence for the continuous period of 10 days preceding the date of the public hearing.
(4)
In addition to Subsection B(3), the petitioner requesting amendment of the Zoning Map shall provide proof of certified mail, return receipt requested, letter notification to all property owners within 100 feet in all directions of the property included in the proposed change 10 days prior to any public hearing. The letter shall state the time, place, date and purpose of the hearing. Prior to the date of the Commission's public hearing regarding the application, the applicant shall submit:
[1]
Editor's Note: The Zoning Map is on file in the city offices.
§ 195-141 Notification.
A.
Purpose. The purpose of this notification procedure is to alert those property owners abutting the subject property of an application pending before the Commission in order that the abutting owners may have the opportunity to review the application and make their views known to the Commission.
B.
Applicant responsible for notification. Notwithstanding the other applicable sections, applicants shall be responsible for notifying owners of property abutting the subject property for any application(s) for special exceptions or site plan approval. An amendment of the Zoning Map shall be covered by § 195-40 and all of its subsections.
C.
Site plan and/or special exception procedure. The submission of an application for special exception or site plan or a combination thereof to the Commission shall be accompanied by the following:
(1)
A list of names and addresses of owners of property abutting [including directly across a street(s) from] the subject property. The latest records of the City of Derby Assessor shall be utilized to determine the owner of each property.
(2)
A sketch showing the subject property and the surrounding properties within 100 feet of the subject property.
(3)
If the application shall be scheduled for a public hearing, the applicant shall notify each property owner within 100 feet of the subject property of the time, place, date and purpose of the hearing by sending a copy of the legal notice to each abutting property owner not less than 10 days prior to the scheduled hearing. Notice shall be sent certified mail, return receipt requested. Proof of the above meeting shall be provided to the Commission as per Subsection C(5) below.
(4)
If the application shall not be subject to a public hearing, the applicant shall notify each abutting property owner of the pending application by sending them a letter informing them of the application and the time and place of the Commission's meeting and describing the proposed activity.
§ 195-142 Severability; repealer; effective date; copy on file.
A.
Validity and separability. Should any section or provision of these regulations be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of these regulations as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid.
B.
Savings clause. The enactment of these regulations repealing the prior regulations shall not operate as an abatement of any action or proceeding then pending under or by virtue of said prior regulations.
C.
Repealer. All ordinances or parts of ordinances or regulations inconsistent with the provisions of these regulations are hereby repealed.
D.
Effective date. These regulations shall take effect on January 26, 2000.
E.
A copy of these Zoning Regulations, including the Official Zoning Map of the City of Derby showing zones as herein described are now on file at the office of the City Clerk, City Hall, Derby, Connecticut.