Killingworth City Zoning Code
ARTICLE XXVIII
Certificates of Compliance
§ 500-174 Certificate may be requested.
Request may be made for a certificate of compliance in respect of an existing or proposed use or characteristic of any land or improvement for which a zoning permit is not required under § 500-166.
§ 500-175 Authority to apply for certificate.
An application for a certificate of compliance may be made by:
A.
Owner. The owner, or all the joint owners, of the premises to which such application relates;
B.
Purchaser. The purchaser, or all the purchasers, under a written contract to purchase the premises, provided that the written consent to the grant of such certificate of compliance of the owner, or all the joint owners, of the premises accompanies the application; or
C.
Lessee. The owner, or all the joint owners, of a leasehold interest in the premises under a written lease, provided that the written consent to the grant of such certificate of compliance of the owner, or all the joint owners, of the premises accompanies the application.
§ 500-176 Submission of application.
A complete application shall consist of the application form and filing fee prescribed by the Commission and all documents and statements that are required to accompany the form. Each application form and accompanying documents and statements shall be delivered, in duplicate, to the Zoning Enforcement Officer. The date of receipt by him/her of a complete application shall be deemed to be the date of submission of such application.
§ 500-177 Supporting information.
A.
Each application form shall contain or be accompanied by, in writing:
B.
Whenever the Zoning Enforcement Officer shall deem it reasonably necessary or appropriate to a proper disposition of any application, he/she may require the applicant to submit any one or more of the items of information described in § 150-151D(1) (7) or other information, in such form as he/she may prescribe, including a report issued by an attorney admitted to practice law in Connecticut describing the state of the title to the land to which such application relates.
§ 500-178 Grant or denial of certificate.
A.
The Zoning Enforcement Officer shall grant the application and issue a certificate of compliance if he/she finds that the existing or proposed use or characteristic, and the land upon which it is, or is to be, situated, complies with:
B.
He/she shall deny the application if he/she:
(1)
Is unable, for lack of information, to determine whether or not the existing or proposed use or characteristic, and the land upon which it is, or is to be, situated, complies with all such pertinent requirements;
(2)
Finds that the existing or proposed use or characteristic, or the land upon which it is, or is to be, situated, does not comply with all such pertinent requirements;
(3)
Finds that the land upon which a proposed building is to be situated is within a subdivision, as that term is defined in § 8-18 of the Connecticut General Statutes, as the same may hereafter from time to time be amended, which has not previously been duly approved by the Commission; or
(4)
Finds that the proposed use or improvement is or involves a regulated activity, as that term is defined in the Killingworth Inland Wetlands and Watercourses Regulations, for which permission has not been granted by the Killingworth Inland Wetlands and Watercourses Commission as required in said regulations.
§ 500-179 Time for decision; notice of denial.
[Amended 6-3-2008; 11-1-2016]
The Zoning Enforcement Officer shall grant or deny an application for a certificate of compliance. In the event of denial, the Zoning Enforcement Officer shall issue, within five days after his/her decision, written notice of denial to the applicant either personally or by certified mail.
§ 500-180 Effect of issuance of certificate.
[Amended 11-1-2016]
The issuance of a certificate of compliance hereunder shall not operate to validate or authorize any use or improvement which is not in conformity with these regulations.
§ 500-181 Expiration of certificate.
A certificate of compliance shall expire one year following its issuance if a proposed use therein certified shall not have been commenced within said period.
§ 500-182 Fee.
The Commission shall require payment of a fee of such amount as it may determine for the processing of applications and inspection of the proposed site and improvements.