Marlborough City Zoning Code
ARTICLE XV
Administration, Enforcement, Zoning Permits, Certificates of Occupancy, Appeals
§ 340-15.1 Administration.
This chapter and all decisions, resolutions, determinations, orders, directions and other actions taken by the Commission shall be enforced by the Zoning Enforcement Officer. The ZEO may engage the services of any person reasonably required in the discharge of the ZEO's duties hereunder.
§ 340-15.2 Zoning Enforcement Officer's powers and duties.
The ZEO shall have the following powers and duties:
A.
To investigate complaints of violations and secure the correction of such violations, including, without limitation, the exercise of the rights and remedies set forth in the chapter.
B.
To issue zoning permits for activities and uses that are permitted as of right in this chapter.
C.
To issue temporary use permits where authorized by this chapter.
D.
To issue certificates of zoning compliance.
E.
To decide on questions of interpretation and enforcement of this chapter.
F.
To delegate any of the foregoing powers and duties to any other enforcement officer as the ZEO deems appropriate, provided that, if the Commission disapproves of any such delegation, such delegation shall be void and of no effect.
§ 340-15.3 Compliance with regulations; enforcement.
A.
Compliance with regulations. No building or structure shall be erected, constructed, altered, converted or maintained, nor shall any building, structure or land be used in violation of any provision of the statutes, this chapter, any other applicable statute, ordinance, rule or regulation of any other authority having jurisdiction under the statutes or this chapter. Any owner or tenant of a lot (or any portion thereof) on which there exists a violation shall immediately cease and desist from the continuance or allowance thereof and shall immediately and fully correct any such violation.
B.
Procedures if violation is alleged or violation exists.
(1)
Investigation. The ZEO and/or any other enforcement officer shall use best efforts to investigate all complaints alleging a violation, to prevent violations, to detect existing violations, and to report the results of any investigation, actions taken and current status of any violation to the Commission, and in so doing, such enforcement officer shall determine the proper course of correction thereof.
(2)
Written orders. After determining that a violation exists or is reasonably likely to exist, the ZEO is empowered to issue a cease and desist order. The Commission shall be empowered to cause the recordation of any cease and desist order or a notice thereof on the Land Records.
C.
Statutory penalties.
(1)
Each violation party may be fined $100 for each day that such violation continues, provided that, if such violation is determined to be willful, such violation party may be fined $250 and/or imprisoned for not more than 10 days per day that such violation continues.
(2)
Each violation party having been served with a cease and desist order who shall not have corrected such violation described therein for more than 10 days after delivery of such cease and desist order shall be subject to a civil penalty of $2,500, such fine being payable to the Tax Collector.
(3)
Each violation party having been served with a cease and desist order for an earth violation who shall not have immediately corrected such earth violation shall be subject to a civil penalty of $2,500, such fine being payable to the Tax Collector.
(4)
The Town, the Commission and the enforcement officers shall have all rights and remedies afforded to such parties under § 8-12 of the Connecticut General Statutes, including, without limitation, the right to seek costs and attorneys' fees from any violation party. The Commission and the enforcement officers are empowered to forbear in the exercise of any of the rights and remedies afforded under § 8-12 of the Connecticut General Statutes, provided that such forbearance shall be solely an accommodation to a violation party, and such violation party shall not be permitted to rely on or assert as a defense such forbearance. In any instance whereby an enforcement officer shall exercise such right of forbearance hereunder, the ZEO or such enforcement officer shall include a report of such forbearance at the next occurring meeting of the Commission.
D.
Municipal penalties.
(1)
Each violation party may be subject to a municipal fine. Such municipal fine shall be levied against any such violation party and shall accrue for each day after an enforcement officer is deemed to have given a municipal citation until such violation has been cured to the satisfaction of the ZEO and/or the Commission. The amount of such fine and such daily accrual shall be equal to the amount established by the Board of Selectmen from time to time pursuant to the Citation Ordinance.[1] The enforcement officers are hereby empowered to issue municipal citations to any violation party, provided no municipal citation shall be given to any violation party unless and until: a) a cease and desist order has been given; b) either the minimum period to appeal such cease and desist order as provided in this chapter has lapsed without appeal being made, or such violation party has made timely appeal to the Zoning Board of Appeals, which appeal was subsequently denied by said Zoning Board of Appeals; and c) the Commission has given its authorization for such enforcement officer to give such municipal citation. Notwithstanding the foregoing, any enforcement officer may give a municipal citation contemporaneously with the giving of a cease and desist order for any significant violation, and the Commission's authorization shall be deemed automatically given therefor.
(2)
The Commission is hereby empowered to forbear in the exercise of any of the rights and remedies afforded under § 8-12a of the Connecticut General Statutes and Subsection D(1) hereof, provided that such forbearance shall be solely an accommodation to a violation party, and such violation party shall not be permitted to rely on or assert as a defense such forbearance once a municipal citation has been issued.
E.
Remedies cumulative. All rights and remedies of the Commission and/or the enforcement officers under this chapter, under the Connecticut General Statutes, or otherwise, shall be cumulative, and the exercise or partial exercise of any such right or remedy shall not preclude the exercise of any other right or remedy.
§ 340-15.4 Zoning permits required.
No building or sign shall be erected, moved, added to, or strictly altered without a permit issued by the Building Inspector and ZEO. No zoning permit shall be issued except in conformity with the provisions of this chapter or after written approval from the ZBA or a written order from a court of appropriate jurisdiction is received.
§ 340-15.5 Application for zoning permit.
A.
All applications for zoning permits shall be accompanied by four copies of a plot plan submitted to the ZEO for consideration and determination as to whether or not a building or site conforms to the provisions of this chapter. In addition to the requirements of the Health or Building Department and except where the ZEO determines otherwise, the plot plan shall include the following information:
(1)
The name and address of the record owner of the site;
(2)
A statement describing the proposed use of the site;
(3)
A general location map at one inch equals 800 feet, showing the location of the subject site;
(4)
Title of the project, names of the individual who prepared the plan, date, North arrow, scale, date and a class A-2 survey prepared by a licensed land surveyor registered in the State of Connecticut:
(a)
The boundaries and dimensions of the site including the location of all pins and monuments;
(b)
The location of the existing street line;
(c)
The location and dimensions of all existing and proposed buildings and structures;
(d)
The location of all wetlands and watercourses;
(e)
The location and dimensions of all easements;
(f)
The location of the proposed and existing wells;
(g)
The proposed location and design of subsurface sewage disposal systems, (prepared by a professional engineer licensed in the State of Connecticut;
(h)
The location of the proposed driveway;
(i)
The proposed and existing contours of the site at two-foot intervals;
(j)
The minimum required yard building lines;
(k)
Test pit and percolation test locations, data and the dates when the tests were performed;
(l)
Location of all existing and proposed footing and/or curtain drains, sizes, type and proposed footing and/or curtain drains, sizes, type and proposed outlet elevations;
(m)
Project bench mark locations with description and elevation;
(n)
An erosion and sediment control plan;
(o)
Tabulations of total gross acreage of the site and the percentage thereof proposed to be devoted to the lot coverage of the buildings and structures;
(p)
Tabulations of the zoning designation of the site, the minimum front, side and rear yards, building height proposed and permitted;
(q)
Such additional data, maps, plans, surveys or statements as may be required for the particular use or activity, including existing or proposed uses of the building and land; number of families, housekeeping units or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with and provide for the enforcement of this chapter.
B.
One copy of the plan shall be returned to the applicant by the Building Official after he and the ZEO shall have marked such copy with their signatures either as approved or disapproved.
§ 340-15.6 Expiration of zoning permit.
A.
If the work described in any zoning permit has not substantially begun within six months from date of issuance thereof, said permit may expire; it shall be cancelled by the ZEO, and written notice thereof shall be given to the person affected.
B.
If the work described in any zoning permit has not been substantially completed within two years from date of issuance thereof, said permit may expire, and notice shall be given to the persons affected, together with the notice that further work as described in the cancelled permit shall not proceed unless and until a new zoning permit has been obtained.
§ 340-15.7 Certificate of occupancy and compliance.
A.
No land shall be occupied or used, and no building hereafter erected or moved shall be occupied or used, in whole or in part, for any purpose until a certificate of occupancy or certificate of compliance has been issued by the Building Inspector and signed by the ZEO, stating that the use of the land or buildings complies with all provisions of this chapter. Such a certificate may be applied for at the same time as the zoning permit or thereafter and, if approved, shall be issued within 10 days after notification by the permittee that the land or building is ready for occupancy. This chapter shall not affect the moving of a portable building within the boundaries of a lot on which it is situated.
B.
The following as-built certified plot plan prepared by a land surveyor licensed in the State of Connecticut shall be submitted, indicating:
§ 340-15.8 Construction and use to be as provided in applications, plans or permits.
Zoning permits issued on the basis of plans and applications approved by the ZEO and Building Inspector authorize only the use, arrangement and construction set forth in such approved plans and applications and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized may be deemed a violation of this chapter, punishable in accordance with the General Statutes of the State of Connecticut, as amended.
§ 340-15.9 Appeals from decisions of Zoning Enforcement Officer.
All decisions, requirements or orders issued by the ZEO shall be final, provided that any person or persons aggrieved by said decision may, within 30 days of said decision or order, file an appeal on a form as provided for by the Commission with the ZBA for relief. Upon receipt of an appeal, the ZBA shall hold a duly noticed public hearing and thereafter may reverse or affirm, wholly or partly, or may modify any order, requirement or decision of the ZEO.