Mansfield City Zoning Code
ARTICLE 12
Administration and Enforcement
§ 190-79 Enforcement officer.
Except as otherwise provided in these regulations, the Zoning Agent or Agents appointed by and responsible to the Planning and Zoning Commission, shall administer and enforce these regulations. Zoning Agent responsibilities shall include the inspection of any building, structure, premises or use, the issuance of violation notices with appropriate follow-up and the processing of Zoning Permits and Certificates of Compliance. The Zoning Agent shall review with the Planning and Zoning Commission officers and, as necessary the Planning and Zoning Commission, any questions that arise regarding administrative forms and procedures and/or the interpretation and/or enforcement of these Regulations.
§ 190-80 Administrative forms and procedures.
In addition to procedural requirements contained in these Regulations, the Planning and Zoning Commission may establish administrative forms and procedures that are deemed necessary for the proper administration of these Regulations.
§ 190-81 Zoning permits.
A.
Applicability.
(1)
The following provisions for Zoning Permits are in addition to any application requirements associated with uses and/or construction activities that also require the review and approval of the Planning and Zoning Commission. All proposed uses and/or construction activities shall comply with permitted use provisions and all other applicable regulatory provisions. Except as noted below in Subsection A(2), Zoning Permits shall be required for the following activities:
(a)
The erection, placement or enlargement of any building or structure, including accessory buildings, or the construction of site improvements or external or internal building alterations authorized by the Planning and Zoning Commission under § 190-86 or other provisions of these Regulations;
(b)
The erection, placement or enlargement of any sign requiring prior approval under the provisions of § 190-69;
(c)
The placement or replacement of any trailer or mobile manufactured housing unit or addition thereto.
(d)
The erection, placement or enlargement of any building or structure, including accessory buildings, or the construction of site improvements or external or internal building alterations on any property zoned SC-SDD, consistent with the requirements § 190-48.
(e)
Site work and or site improvements authorized by the Planning and Zoning Commission in association with subdivision or special permit approval. Examples include: tree removal, site grading, drainage improvements, road or driveway improvements, etc.
(f)
Temporary Special Outing Liquor Permits pursuant to § 190-9O.
(2)
A Zoning Permit is not required for:
(a)
Repairs or alterations to existing buildings or structures, provided the repairs or alterations are for maintenance purposes and will not alter the square footage of the subject building or structure, and provided the repairs or alterations will not conflict with any associated Planning and Zoning Commission or Zoning Board of Appeals actions.
(b)
One-story storage sheds that are 200 square feet or smaller in size. Such sheds shall comply with the setback for the applicable zoning district.
(c)
Aboveground swimming pools accessory to single-family dwellings provided said pool is no deeper than 24 inches. Such pools shall comply with the setback provisions of the applicable zoning district.
(3)
Zoning Permits also are required for all lot line revisions. An applicant shall submit to the Zoning Agent adequate information to demonstrate that a proposed lot line revision is in compliance with all applicable zoning and subdivision requirements.
B.
Procedure/application requirements. In situations where a Zoning Permit is required, the subject use or construction activity shall not commence until the Zoning Agent has issued a Zoning Permit for the proposal. Applications for a Zoning Permit shall be made by a property-owner or his/her authorized agent. Applications shall be complete in all details and shall be returned to the applicant in the event a submitted application is incomplete. Except as noted below within each subsection, Zoning Permit applications shall include the following information:
(1)
A completed application form and fee payment;
(2)
A statement of use, fully describing the proposed construction activity, the use or uses to which the subject buildings, structures or site shall be devoted, the estimated cost of construction, and estimates of the quantity of fill material (soil, stone, sand and gravel, etc.) to be brought to the subject site, and quantity of material (soil, stone, sand and gravel, etc.) to be moved within or removed from the site;
(3)
Three copies of a plot plan, prepared and certified by a registered land surveyor, drawn to a scale of not more than one inch equals 50 feet, showing the property lines, lot area, and dimensions of the subject lot; the subject zone classification; the location and size of existing and proposed buildings; structures, driveways, parking areas, wells and septic systems; bordering streets; existing and proposed contours; inland wetlands and watercourses; flood hazard areas; setback dimensions between property lines and all buildings and structures and any other information that may be required by the Zoning Agent to determine compliance with these Regulations. For proposed construction activity involving subdivision lots approved after June 30, 2002, plot plans shall include building area envelopes and development area envelopes (see definition in Subdivision Regulations).
The Zoning Agent may waive this certification requirement provided all applicable regulatory provisions, particularly dimensional requirements, will be clearly met, and provided the proposal involves one of the following:
(a)
An accessory structure(s) or attached garage addition;
(b)
An addition less than 500 square feet in ground floor area; or an addition proposed to be located farther than five feet from a required building setback line;
(c)
A new house on property shown on an A-2 survey subdivision map, provided the proposed structures clearly are within setback lines and provided the foundation certification requirements of § 190-81D(4) will be met in association with the submittal of an "as built" plan.
(d)
Signs, site or building modifications or other proposals that have been granted special permit or site plan approval without a surveyor's site plan. In this situation, the approved site plan may be accepted as the plot plan.
(e)
An agricultural building or structure. In situations where a surveyor's plot plan is not required, the submitted plot plan shall be accurately drawn to scale by the applicant or his agent and shall contain all information deemed necessary by the Zoning Agent to determine compliance with applicable regulations.
For signs or other construction activities that require a Zoning Permit but do not affect the floor area of a structure or site improvements, the Zoning Agent may waive or modify the plot plan requirements.
[1]
Two copies of dimensional floor plans, building elevations or dimensional details of proposed signs. This requirement may be waived by the Zoning Agent where the information is not needed to verify compliance with applicable regulations.
C.
Approval considerations for zoning permits. In reviewing and approving any application for a Zoning Permit, the Zoning Agent shall determine that the following provisions have been complied with:
(1)
The Zoning Permit application is complete and all necessary information has been submitted;
(2)
All applicable provisions of the Zoning Regulations, including, but not limited to, dimensional requirements, performance standards, permitted use provisions and filling, grading, excavation, removal, processing of soil, stone, sand and gravel, peat moss, and other similar materials regulations, have been met or varied through the prior action of the Zoning Board of Appeals;
(3)
All applicable Planning and Zoning Commission and/or Zoning Board of Appeals conditions have been met including, but not limited to, the posting of any required performance bond and the filing of any special permit or variance notice on the Land Records. In situations where a site plan or special permit application has been approved by the Planning and Zoning Commission, no Zoning Permit shall be issued until the approved plans have been signed by the Chairman of the Planning and Zoning Commission;
(4)
The Mansfield Inland Wetland Agent signs the subject Zoning Permit application to indicate that all necessary Inland Wetland Agency approvals have been granted and have been incorporated in the subject application;
(5)
The Mansfield Health Officer signs the subject Zoning Permit application to indicate that all necessary Health Department approvals have been granted and have been incorporated into the subject application;
(6)
The Mansfield Town Engineer, or his designee, signs the subject Zoning Permit application to indicate that all necessary Public Works Department approvals, including the issuance of driveway permits and any necessary approvals of the Water Pollution Control Authority, have been granted and have been incorporated into the subject application;
(7)
That permit requirements of State and Federal agencies, including the State Department of Environmental Protection, Health, and Transportation have been considered by the applicant and that all known State and/or Federal permits that are applicable to the subject application have been issued;
(8)
That all required erosion and sedimentation controls that are to be installed prior to development according to an approved erosion and sedimentation control plan have been installed. A certification that this has been accomplished can be required by the Zoning Agent (see § 190-75D(19)(g)[2]);
(9)
That any other applicable regulations of the Town of Mansfield, including the Town's Subdivision Regulations, have been met.
D.
Approval conditions for zoning permits. All approved Zoning Permits shall be subject to all itemized conditions noted by the Zoning Agent and the following provisions as they apply to the specific use or construction activity. Notice of all Zoning Permits, including renewal permits, shall be reported to the Commission.
(1)
The recipient of a Zoning Permit accepts the Permit on the conditions that he/she, or his/her agents or assigns will comply with all zoning regulations, ordinances or other regulations of the Town of Mansfield and with all State and Federal laws regarding the use and occupancy of the premises;
(2)
A Zoning Permit shall be voided unless construction is commenced within six months of the date of issue, and unless construction is completed 18 months after the date of such issue. Renewal permits may be granted by the Zoning Agent for good cause, provided necessary extensions of special permit or site plan approvals have been granted by the Planning and Zoning Commission.
(3)
Approved Zoning Permits should be posted on the premises at all times during the period that such permit is in force. Permits should be posted in public view in a weatherproofed manner. All zoning permits shall be available for public inspection in the Mansfield Municipal Building;
(4)
In situations where a surveyor's plan was required, no foundation walls for any building, addition or structure shall be constructed, until the recipient of the Zoning Permit has filed with the Zoning Agent a signed and sealed certification from a surveyor verifying that the subject foundation footings were installed in accordance with approved plans. Modifications of an approved foundation location may be authorized by the Zoning Agent, provided all Zoning Permit approval considerations are still met, and provided the approved plot plan is appropriately revised;
(5)
To promote the health, welfare and safety of Mansfield residents, no site clearing, grading or construction activity shall take place before the hour of 7:00 a.m. Monday through Saturday, or before the hour of 9:00 a.m. on Sundays and holidays. Furthermore, no site clearing, grading or construction activity shall take place after 9:00 p.m. daily. On a case-by-case basis, these time restrictions may be modified by the Planning and Zoning Commission, based on site and neighborhood characteristics and the nature of planned construction activity.
§ 190-82 Application fees.
Many of the land uses permitted within these regulations require permit applications and the payment of an application fee. The current schedule of Planning and Zoning Commission and Zoning Agent fees is on file in the Mansfield Planning and Town Clerk's offices.
§ 190-83 Necessity for neighborhood notification.
In situations where a pending application submitted to the Planning and Zoning Commission or Zoning Board of Appeals involves any of the criteria noted below, the Commission or Board shall notify, by Certificate of Mailing, return receipt requested, within seven days of the receipt of the application, the Clerk of any adjoining municipality of the pending application. No Hearing shall be conducted unless the adjoining municipality has received said notice.
A.
Any portion of the property affected by a decision of the Commission or Board is within 500 feet of the boundary of the adjoining municipality;
B.
A significant portion of the traffic to the completed project on the site will use streets within the adjoining municipality to enter or exit the site;
C.
A significant portion of the sewer or water drainage from the project on the site will flow through and significantly impact the drainage or sewerage system within the adjoining municipality; or
D.
Water run-off from the improved site will impact streets or other municipal or private property within the adjoining municipality.
§ 190-84 Notification of water company and Connecticut Department of Public Health.
When an applicant files with the Planning and Zoning Commission or Zoning Board of Appeals an application, petition, request or plan concerning any project on any site that is within the aquifer protection area delineated pursuant to Section 22a-354c or the watershed of a water company, the applicant shall provide written notice of the application, petition, request or plan to the watery company and the Commissioner of Public Health in a format prescribed by the Commissioner (provided such water company or said Commissioner has filed a map showing the boundaries of the watershed on the Mansfield Land Records and with the Planning and Zoning Commission or Zoning Board of Appeals or the aquifer protection area has been delineated in accordance with Section 22a-354c, as the case may be). Such notice shall be made by Certificate of Mailing, return receipt requested, and shall be mailed not later than seven days after the date of the application. Such water company and the Commissioner of Public Health may, through a representative, appear and be heard at any hearing on any such application, petition, request or plan.
§ 190-85 Community sewerage systems.
As approved by the Mansfield Water Pollution Control on Dec. 14, 1987, the Planning and Zoning Commission shall limit its consideration of proposed community sewerage systems, as defined by the Connecticut General Statutes, to:
A.
Those community sewerage systems which are directly connected to sewer collection systems served by either the Town of Windham, the University of Connecticut or the Mansfield Training School sewer treatment facilities; or
B.
Those community sewerage systems which are determined by the WPCA to be necessary to correct sewerage disposal problems for existing land uses.
§ 190-86 Site and building modifications.
A.
For uses and construction activities that have had site plan or special permit approval or require said approvals according to the current Permitted Use Provisions of these Regulations, site and building modifications require prior authorization. Any proposed site or building modification involving activities within regulated areas, as defined by the Mansfield Inland Wetland Agency (IWA) also is subject to IWA regulations, and no modification approval shall be granted unless all necessary IWA licenses or license modifications have been granted. Within an SC-SDD zone district, all site and building modifications are subject to the provisions of § 190-48. In all other cases, Planning and Zoning Commission approval is required for:
(1)
Site and building modifications affecting the overall layout, design or nature of existing or proposed buildings or site improvements including, but not limited to, changes to entrance drive design or locations, overall parking, storm drainage or waste disposal layouts, or
(2)
Substantive changes in external building design, signs or building materials;
(3)
Interior alterations or renovations that alter or intensify a land use, such as, but not limited to, increases in finished floor area for the subject use, alterations affecting the nature of occupancy or number of possible occupants or customers, alterations affecting water supply or waste water disposal needs, or alterations to uses involving hazardous materials.
B.
Other site and building modifications may be authorized by the concurrence of the Chairman of the Planning and Zoning Commission and Zoning Agent. This requirement shall be administered in accordance with the provisions of § 190-74I for special permit uses; or § 190-73H for site plan uses. Any questions regarding the provisions of this Section shall be reviewed with the Zoning Agent and, as appropriate, the Planning and Zoning Commission.
§ 190-87 Certificates of zoning compliance.
A.
Applicability. No land, building or structure shall hereafter be occupied and no new use or change in use, including extensions or enlargements of non-conforming uses of land or buildings, shall be initiated or added to an existing use until a Certificate of Zoning Compliance has been issued by the Zoning Agent.
B.
Procedure/application requirements. Applications for a Certificate of Zoning Compliance shall be made by a property-owner or his/her authorized agent. Applications must be complete in all details and shall be returned by the Zoning Agent in the event a submitted application is complete. Except as noted below within each subsection, applications for Certificates of Zoning Compliance shall include:
(1)
A completed application form, which depending on the nature and size of the use, may be a part of the Zoning Permit application form;
(2)
A statement of use fully describing the use or uses to which the subject buildings, structures or site shall be devoted. This requirement may be met with information that has already been presented in conjunction with an approved Zoning Permit, or a Planning and Zoning Commission or Zoning Board of Appeals application.
(3)
In situations where a construction project that has received special permit or site plan approval was based on a plan prepared by a professional land surveyor and/or engineer, a written certification, from the professionals responsible for the plan, stating that the approved plan has been followed shall be submitted with the application for a Certificate of Zoning Compliance. Where substantial changes to an approved plan have been authorized, a certified as-built plan shall be required for a Certificate of Zoning Compliance.
(4)
These certification requirements may be postponed or modified by the Planning and Zoning Commission for situations where the Commission has authorized a Certificate of Zoning Compliance prior to the completion of all site improvements [see Subsection C(4) below].
(5)
Where a new building or structure is situated within three feet of any setback requirement, the Zoning Agent may require that verification of the subject setback distance be provided by a professional land surveyor.
(6)
Any other information deemed necessary to determine compliance with the Mansfield Zoning Regulations.
C.
Approval considerations for certificates of compliance. Notice of all Certificates of Compliance shall be reported to the Planning and Zoning Commission. In reviewing an application for a Certificate of Zoning Compliance, the Zoning Agent shall determine that the following conditions have been complied with:
(1)
All required or necessary information has been submitted;
(2)
The proposal meets all applicable provisions of the Mansfield Zoning Regulations and all other Town regulations and permit requirements. As provided for in Subsection C(4) (below), Certificates of Zoning Compliance may be issued before all site improvements are completed.
(3)
All known State and Federal regulations applying to the proposal have been met;
(4)
All structures, buildings or site improvements have been constructed in accordance with plans approved by the Zoning Agent through the Zoning Permit and, as appropriate, with plans approved by the Planning and Zoning Commission and/or Zoning Board of Appeals.
(a)
In situations where a project that has received special permit or site plan approval and public health and safety components of the project (or sections thereof) have been satisfactorily completed, the Planning and Zoning Commission may authorize the issuance of a Certificate(s) of Compliance for individual units, individual buildings or separate phases of the development, provided a suitable bond with written bond agreement has been submitted and approved for the remaining site work or provided acceptable alternative arrangements are approved by the Commission.
(b)
In situations where a project has been authorized through the issuance of a Zoning Permit, without prior special permit or site plan approval, and public health and safety components of the project (or sections thereof) have been satisfactorily completed, the Zoning Agent may issue a Certificate of Zoning Compliance provided a suitable cash bond with written bond agreement has been submitted and approved.
(5)
All specified conditions in any Zoning Permit and/or Planning and Zoning Commission or Zoning Board of Appeals approval have been met, including the posting of any required maintenance bonds;
(6)
All sanitary systems, roadways and driveways designed to serve a prospective dwelling unit have been suitably constructed.
D.
Approval conditions for certificates of compliance. The recipient of a Certificate of Zoning Compliance accepts the permit on the condition that he/she or his/her agents or assigns will comply with the use as described in application submissions and will comply with all applicable Federal, State or local laws regarding the use and occupancy of the premises.
§ 190-88 Violations/penalties.
A.
If any building or structure has been erected, constructed, altered, converted or maintained, or any building structure or land has been used, in violation of these Regulations and/or specific permit authorizations, any official having jurisdiction, in addition to other remedies, may institute an action or proceeding to prevent such unlawful erection, construction, alteration, conversion, maintenance, or use, or to restrain, correct or abate such violation or to prevent the occupancy and use of such building, structure or land or to prevent any illegal act, conduct, business, or use in or about such premises.
B.
The owner or agent of any building or premises where a violation of any provision of these Regulations has been committed or exists, or the lessee or tenant of any part of the building or premises in which such violation has been committed or exists, or the agent, architect, builder, contractor, or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation exists, shall be subject to the civil and criminal penalties provided for in Section 8-12 of the Connecticut General Statutes and any other penalties that may be applicable.
These penalties shall apply to any person who, having been served with an order to discontinue any such violation, fails to comply with such order within 10 days after such service, or having been served with a cease and desist order with respect to a violation involving grading of land or removal of earth, fails to comply with such order immediately, or continues to violate any provision of these regulations.
C.
Wherever the Zoning Agent and/or the Planning and Zoning Commission determine that the terms, conditions or restrictions upon which a special permit, site plan, or other permit application was approved have been violated or that required site improvements have not been maintained, the Agent shall issue a violation notice to the subject property-owner and any other persons, firms or corporations responsible. If the violation is not corrected within the time limits set by the Zoning Agent and/or the Planning and Zoning Commission, the Certificate of Zoning Compliance shall be revoked and enforcement shall be pursued through the legal remedies provided by State Statutes.
§ 190-89 Zoning Board of Appeals.
A.
The Zoning Board of Appeals shall have the following power and duties:
(1)
To hear and decide appeals where it is alleged that there is an error in any order, requirement or decision made by the official charged with the enforcement of these Regulations;
(2)
To hear and decide all matters upon which it is required to pass by the specific terms of these Regulations;
(3)
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.
(4)
To hear and decide on applications as required by State Statute.
B.
Applications to the Zoning Board of Appeals shall be made directly to the Zoning Board of Appeals.
(1)
Any variance granted by a Zoning Board of Appeals shall run with the land and shall not be personal in nature to the person who applied for and received the variance. 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.
(2)
Variances involving flood hazard areas:
(a)
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(b)
Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built, and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation up to amounts as high as $25 for $100 of insurance coverage.
§ 190-90 Historic District Commission.
Residents of Historic Districts must secure Certificates of Appropriateness and Conformance from the Historic District Commission as required by the Connecticut General Statutes as amended.
§ 190-91 Common interest ownership.
Provided all applicable procedures and requirements of these regulations are complied with, and provided suitable provisions for the maintenance of all common properties, including roadways and utilities, are approved by the Planning and Zoning Commission or, in the case of property located within an SC-SDD zone district, the Director of Planning and Development, the construction, conveyance or ownership of dwelling units or business units, which comply with the provisions of Chapters 825 and 826 CGS and the Common Interest Ownership Act for Connecticut as amended is hereby authorized.
§ 190-92 State and federal proprietary uses.
With the exception of buildings or uses that are clearly and customarily accessory in nature to a governmental use (such as a food concession at a sporting event), state or federal property used for non-governmental, proprietary purposes shall conform with the permitted use provisions and all other requirements of these Regulations.