51.1 The zoning board of appeals shall have all the powers and duties prescribed by these regulations and the general statutes of the State of Connecticut and may adopt rules and procedures necessary to exercise its authority.

51.2 The powers and duties of the board of appeals shall include the following:

51.2.1 To hear and decide where it is alleged that there is an error in any order, requirement or decision made by the zoning enforcement officer.

51.2.2 To hear and decide all matters upon which it is required to pass by the specific terms of these regulations or of the general statutes of the State of Connecticut.

51.2.3 To determine and vary 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. The zoning board of appeals should consider the following in making a decision in the case that all of the following conditions exist:

a.

That if the owner complied with the provisions of these regulations he would not be able to make any reasonable use of his property;

b.

That the difficulties or hardship relate to the physical characteristics of that parcel of land and are peculiar to the property in question in contrast with those of other properties in the same district;

c.

That the hardship was not the result of the applicant's own action and/or not known at the time of purchase; (5-30-86)

d.

That the hardship is not merely financial or pecuniary;

e.

Any variance which is not executed within a period of six (6) months shall become null and void, unless an extension of time is applied for and granted by the zoning board of appeals;

f.

Hardship shall be stated in writing at the time of said application and shall appear in the variance when granted. (5-30-86)

51.3 The zoning board of appeals shall consider the following conditions when warranted and file such conditions in the office of the town clerk of the Borough of Naugatuck:

51.3.1 Require the screening and parking areas of other parts of the premises from adjoining premises or from the street by walls, fences, plantings or other devices.

51.3.2 Modify the exterior features or appearances of any structure where necessary to be in harmony with surrounding property.

51.3.3 Limit the size, number or occupants or extent of facilities.

51.3.4 Limit the methods or times of operations.

51.3.5 Regulate the number, design and location of access drives.

51.3.6 Regulate the number, type and location of outdoor lighting facilities.

51.3.7 Any other conditions that are deemed necessary by the zoning board of appeals.

51.4 The zoning board of appeals shall not be allowed to permit a use of land or structure not authorized by the provisions of these regulations under section 23 (Schedule A—Permitted Uses), for the zone in which the land is located. (5-30-86)

51.5  Notification of application:

51.5.1 Upon application for a variance, the petitioner shall conspicuously post a sign on said parcel, indicating the date and time of said hearing. Such sign as provided by the zoning enforcement officer as authorized by the Borough of Naugatuck zoning commission. (5-30-86)

51.5.2 Adjacent property owners (owners within a one-hundred-foot radius of the proposed parcel) shall be notified by certified mail of the impending public hearing so that they may participate in the hearing.

52.1  Zoning enforcement officer: The zoning commission shall appoint a zoning enforcement officer who shall have the responsibility and authority to enforce the provisions of these regulations. The zoning commission may appoint deputy zoning enforcement officers to assist and act for the zoning enforcement officer. The zoning enforcement officer and any deputy zoning enforcement officer shall have terms of service and compensation established by the commission. The building inspector may be appointed as zoning enforcement officer. The chairman may serve as zoning enforcement officer during times of emergency, not to exceed ninety (90) days at the discretion of the zoning commission by a two-thirds vote of the zoning commission. (5-30-86)

52.2  Application: An application for a certificate of zoning compliance shall be submitted to the zoning enforcement officer prior to construction, reconstruction, extension, enlargement, moving or structural alteration of any building or other structure. The application shall be accompanied by three (3) copies of a plan drawing or drawings, drawn to scale, and showing the following:

52.2.1 Dimensions, area, radii and angles or bearings of the lot;

52.2.2 The height, dimensions, use, floor area, ground coverage, location and setback dimensions of all buildings and other structures whether existing or proposed;

52.2.3 The location, area and dimensions of off-street parking and loading spaces, any construction required in connection therewith and the means of access to such spaces;

52.2.4 The location of any existing or proposed private disposal system;

52.2.5 The location, area and dimensions of any outside storage areas site development and landscaping that are subject to the provisions of these regulations; and

52.2.6 Such additional information as may be necessary to determine compliance with the provisions of these regulations.

In addition the application shall be accompanied by other plans, drawings, data and statements necessary to determine compliance with the provisions of these regulations. The site plan required under section 32 or 37 may be substituted for the plan drawing or drawings required above.

52.3  Business and industrial districts: In addition to the requirements of paragraph 52.2, any application for a certificate of zoning compliance pertaining to a nonresidential use of land, building or other structure in any business or industrial district and not covered by a special permit application under section 32 or 37, shall be accompanied by the following, drawings prepared by and bearing the seal of a professional engineer, architect or landscape architect licensed to practice in the State of Connecticut:

52.3.1  Site plan: See section 37, site plan review, section 37.2.1.

52.3.2  Architectural plans: Preliminary architectural plans of all proposed buildings, structures and signs, including general exterior elevations, perspective drawings and generalized floor plans and including drawings for proposed signs; four (4) copies shall be submitted.

Upon receipt, the zoning enforcement officer shall transmit a copy of the application and above plans to the borough planning commission and the commission within thirty-five (35) days after receipt, shall report its recommendations to the zoning enforcement officer for approval, disapproval or modification of the application and plans based on the provisions of these regulations.

52.4  Fees: Each application for a certificate of zoning compliance shall be accompanied by a fee of thirty-five dollars ($35.00), paid to the Borough of Naugatuck. Such fee is in addition to any other fees that may be required under these regulations.

52.5  Approval and issuance: The zoning enforcement officer shall approve an application for a certificate of zoning compliance and shall issue a certificate of zoning compliance when he determines that all requirements of these regulations have been met. No application shall be considered approved and no certificate shall be issued unless signed or countersigned by the zoning enforcement officer, or deputy zoning enforcement officer. Each application shall be approved or disapproved by the zoning enforcement officer within ten (10) days after receipt of (a) the application, (b) the report of the borough planning commission under paragraph 52.3 or expiration of the thirty-five-day period or (c) the report of action of the borough planning commission or zoning board of appeals on any special permit, special exception, variance or other decision of such board or commission, whichever is applicable and occurs later. Within ten (10) days after notification by an applicant that the premises are ready for occupancy, the zoning enforcement officer shall issue or deny a certificate of zoning compliance. One (1) copy of the plan drawing or drawings shall be returned by the zoning enforcement officer to the applicant when the application is approved. The following additional requirements shall apply to the approval of application and certificates:

52.5.1  Conditions: Any maps, plans, documents, statements and stipulations submitted to and approved by the borough planning commission or zoning board of appeals in connection with any decision of such commission or board, and any conditions of approval attached by the commission or board, shall be conditions for approval of an application for certificate of zoning compliance by the zoning enforcement officer and issuance by him of a certificate.

52.5.2  Temporary certificate: Upon certification by the applicant that the public health and safety will not be impaired and that there will be compliance with all other laws pertaining to health and safety, the zoning enforcement officer may issue a temporary certificate of zoning compliance having a duration of not more than six (6) months and renewable only for one (1) additional six-month period, for the temporary use of land, buildings and other structures in the process of improvement and completion in accordance with an approved application.

52.5.3  Sanitation: Where a proposed use or a proposed building or other structure involves the installations, extension, relocation or reconstruction of a private sewage disposal or water supply system, no application for certificate of zoning compliance shall be approved until plans for such systems have been approved by the director of health or his authorized agent, no certificate of zoning compliance shall be issued until such system has been completed and approved by the director of health or his authorized agent or until the use of building or structure has been provided with connections to the borough sanitary sewer system and/or public water supply system.

52.5.4  Other permits: Approval of an application or issuance of a certificate shall not be constructed to constitute compliance with any other regulation, ordinance or law nor to relieve the applicant from responsibility to obtain any permit thereunder.

52.6  Inspections: The zoning enforcement officer is authorized to inspect or cause to be inspected any land, building or other structure to determine compliance with these regulations. No certificate shall be issued until the zoning enforcement officer has inspected the land, building or other structure involved to determine that the use and/or the building or other structures conform to these regulations. At the time of the inspection for determination of issuance of a certificate, the zoning enforcement officer may request the applicant to (a) furnish the zoning enforcement officer with measurements, prepared by and bearing the name and seal of a land surveyor licensed to practice in the State of Connecticut, of all setback distances for any structure on the lot, or (b) facilitate the making of such measurements during the inspection of a land surveyor licensed to practice in the State of Connecticut.

52.6.1 (A) A plot plan map made by a licensed land surveyor in the State of Connecticut shall be submitted to the zoning enforcement officer. This map shall have all distances accurate to within the zoning regulations and shall be on sheet sizes of multiples of 8¼ x 11, but no larger than 24;inch; x 36;inch;. This plot plan shall be filed with the zoning enforcement officer when:

1.

A new building is to be constructed for which zoning and building permits have been issued and upon such time as the completion of the foundation of such building. No further work shall be done on the proposed structure until the aforementioned plot plan map showing "as-built" conditions has been filed with the zoning enforcement officer and stamped approval therewith.

2.

The proposed construction is an addition to an existing building or structure and the aforementioned plot plan map shall be filed with the application for the permit.

3.

The construction or structure is a tower, swimming pool, tennis court, signs or other project not considered a "building" per se. The aforementioned plot plan map shall be submitted upon completion of the excavation and forming but before placing or surfacing, pouring of footings or erection of structure to the zoning enforcement officer for his approval. All zoning and building and permits have been previously issued. Each staked suitably reference for ease and accuracy of replacement in instances where sign work may damage or destroy the markers [sic].

B.

The plot plan map for the aforementioned three (3) situations shall contain, but not be restricted to, at least the following information:

1.

Location of existing and proposed buildings.

2.

Location of structures, watercourses, wells, septic tanks, dry wells, subsurface leaching systems.

3.

Property lines and measurements between said property lines and new construction as are adequate for the zoning enforcement officer to determine that the minimum front[,] side and rear yards are being maintained.

4.

Setback[s] from watercourses, water bodies, and wetlands, as required by local and state inland wetlands regulations, stream encroachment ordinances and flood plain insurance regulations.

5.

Any and all street line setback ordinances.

6.

Setbacks for subsurface disposal systems conforming with local and state health department codes.

7.

Setback[s] conforming with each other from all building structures and lines as required by all applicable statutes, codes, ordinances or regulations.

C.

That for the purpose of expediency a letter from the builder and his designated surveyor shall be submitted prior to the actual "as-built" plans, stating to the zoning enforcement officer that all items in all preceding paragraphs will be complied with and in conformity with the zoning regulations of the Borough of Naugatuck.

52.7  Orders: The zoning enforcement officer is authorized to issue a stop work order if in his judgment the use of land, buildings and other structures or the construction, reconstruction, enlargement, extension[,] moving or structure [structural] alteration of a building or other structure are not being carried out in compliance with these regulations, he shall withdraw such order when he determines that there is compliance with these regulations. The zoning enforcement officer is authorized to order in writing the remedying of any condition found to be in violation of these regulations.

52.8  Records: The zoning enforcement officer shall keep records of all fees[,] all applications and certificates[,] all identifiable complaints of any violations of these regulations, all inspections made under these regulations and all notices of violations served by him and the action taken thereon.

52.9  Procedure: The zoning commission may from time to time by resolution adopt administrative rules and procedures for the enforcement of these regulations. (5-1-90)

53.1 Any person, firm or corporation who shall violate any provision of these regulations shall be subject to penalties in accordance with the general statutes of the State of Connecticut.

54.1 These regulations, including the zoning map which is a part hereof, may be amended by the commission on its own initiative or when initiated by a petition. Any amendment may be adopted only after due notice and public hearing as prescribed by the general statutes of the State of Connecticut. Any petition for amendment shall be accompanied by the following:

54.1.1 For petitions concerning the text of these regulations, twenty (20) copies of the precise wording of the existing and proposed text shall be submitted.

54.1.2 For petitions concerning the zoning map, eight (8) maps shall be submitted meeting the following requirements:

a.

Drawn to a scale of not less than two hundred (200) feet to the inch;

b.

Showing the area of the proposed change and of all lots within five hundred (500) feet of the proposed change and all of the existing property owners as indicated by the Naugatuck Assessor's records;

c.

Delineating the existing and proposed zoning boundary lines;

d.

Meeting the requirements of a "Class `D', `AA', `A1', or `A2' as prepared by a Registered Land Surveyor, licensed to practice in the State of Connecticut; or prepared by a Professional Engineer (PE), Civil Engineer or Landscape Architect; and a declaration of the area of all lots within said proposed zone change to within one hundredth of an acre (.01 plus or minus) or ten (10) square feet plus or minus when less than one (1) acre and to within .1 acre when greater than one (1) acre and certified by and bearing the seal of the preparer for accuracy. Any change of the zoning map initiated by the Borough of Naugatuck Zoning Commission shall be exempt from the requirements of this subsection, but not the prescribed requirements of section 8-3 of the Connecticut General Statutes.

54.1.3 A public hearing on said petition shall commence within sixty-five (65) days after receipt of said petition by the zoning commission. The date of receipt shall be the date of the first scheduled monthly meeting of the zoning commission following submittal of the petition or the date of a special meeting having said petition on its agenda.

54.1.4 Upon receipt of said petition, the zoning commission shall provide the applicant with a sign to be conspicuously posted on the property. Said sign shall indicate the date and time of a public hearing and remain in place until said hearing has been held.

55.1 If any provision of these regulations is adjudged by a court of competent jurisdiction to be invalid, the effect of such decisions shall be limited to the provision expressly stated in the decision to be invalid, and all other provisions of these regulations shall continue to be valid and fully effective.

55.2 If any provision of these regulations is adjudged by a court of competent jurisdiction to be invalid as such provision applies to a particular building, other structure or lot, the effect of such decision shall be limited to the particular building, other structure or lot, and the general application of such provision to other buildings, structures or lots shall not be affected.

56.1 These regulations and any amendment or change herein, shall be in full force and effect from the date established by the commission in accordance with the general statutes of the State of Connecticut.

56.2 The zoning regulations of the Borough of Naugatuck, adopted April 30, 1971, and amended since that date are hereby repealed coincident with the effective date of these regulations. The repeal of the above regulations and all amendments thereto shall not affect or impair any act done, offense committed or right accruing, accrued, or acquired or any liability, penalty, forfeiture or punishment incurred prior to the time such repeal took effect, but the same may be enjoyed, asserted, enforced, prosecuted or inflicted as fully and to the same extent as if such repeal had not been effected.

57.1.

The Zoning Enforcement Officer or Assistant Zoning Enforcement Officer of the Borough of Naugatuck are authorized to issue citations for violations of the Naugatuck Zoning Regulations of the Borough of Naugatuck to the extent and in the manner provided by this Ordinance. Any such citation may be served either by hand delivery or by certified mail, return receipt requested, to the person named in such citation. If the person named in a citation sent by certified mail refused to accept such mail, the citation may be sent by regular United States mail. The Zoning Enforcement Officer or Assistant Zoning Enforcement Officer shall file and retain an original or certified copy of the citation. No citation shall be issued unless a written notice to correct has been provided which allows for a voluntary correction of the alleged violation within thirty (30) days.

57.2.

A citation may be issued for any violation of the Zoning Regulations of the Borough of Naugatuck.

57.3.

The fine for each such citation shall be one hundred fifty dollars ($150.00) payable to the Treasurer of the Borough of Naugatuck.

57.4.

Any person receiving such a citation shall be allowed a period of thirty (30) days from his or her receipt of the citation to make an uncontested payment of the fine specified in the citation to the Treasurer. If the citation has been sent by regular mail pursuant to the provisions of paragraph [57.]1 of this Ordinance, the day of receipt of the citation shall be deemed to be three (3) business days after the day of mailing of the citation.

57.5.

If a person who has been issued a citation does not make uncontested payment of the fine specified in the citation to the Treasurer within the time allowed under paragraph [57.]4 of this Ordinance, the Zoning Enforcement Officer shall send a notice to the person cited, informing such person:

a.

Of the allegations against him or her and the amount of the fines;

b.

That the person cited may contest liability before a three (3) party panel of Hearing Officers appointed by the Mayor as provided in paragraph [57.]9 of this Ordinance, by delivering, in person or by mail, within thirty (30) days of the date of the notice, a written demand for a hearing;

c.

That if the person cited does not demand such a hearing, an assessment and judgment shall be entered against him or her; and

d.

That such judgment may issue without further notice.

57.6.

If the person who is sent notice pursuant to paragraph [57.]5 of this Ordinance wishes to admit liability for any alleged violation, he or she may, without requesting a hearing pay the full amount of the fine, either in person or by mail, to the Zoning Enforcement Officer. All fines shall be made payable to the Treasurer of the Borough of Naugatuck. Such payment shall be inadmissable in any proceeding, civil or criminal, to establish the conduct of such person or other person making the payment. Any person who does not deliver or mail written demand for a hearing within ten (10) days of the date of the notice described in paragraph [57.]5 of the Ordinance shall be deemed to have admitted liability, and the Zoning Enforcement Officer shall certify to the Hearing Officers that such person has failed to respond. The Hearing Officers shall thereupon enter and assess the fines provided for by this Ordinance and shall follow the procedures set forth in paragraph [57.]8 of this Ordinance.

57.7.

Any person who requests a hearing shall be given written notice of the date, time and place for the hearing. Such hearing shall be held not less than fifteen (15) days nor more than thirty (30) days from the date of the mailing of the notice, provided the Hearing Officers shall grant upon good cause shown any reasonable request by any interested party for postponement or continuance. The presence of the Zoning Enforcement Officer shall be required at the hearing if requested by the person who was issued the citation. A person wishing to contest liability shall appear at the hearing and may present evidence on his or her behalf. The Zoning Enforcement Officer may present evidence on behalf of the municipality. If the person who received the citation fails to appear, the Hearing Officers may enter an assessment by default against him or her upon a finding of proper notice and liability under the applicable provisions of the Borough of Naugatuck Zoning Regulations. The Hearing Officers may accept written information by mail from the person who received the citation and may determine thereby that the appearance of such person is unnecessary. The Hearing Officers shall conduct the hearing in the order and form and with such methods of proof as they deem fair and appropriate. The rules regarding the admissibility of evidence shall not be strictly applied, but all testimony shall be given under oath or affirmation. The Hearing Officers shall announce their decision at the end of the hearing. If a majority of the panel determine that the person who received the citation is not liable for the violation, the Hearing Officers shall dismiss the matter and enter that determination in writing accordingly. If a majority of the panel determine that the person who received the citation is liable for the violation, the Hearing Officers shall forthwith enter and assess the fines against such person as provided by this Ordinance.

57.8.

If such assessment is not paid on the date of its entry, the Hearing Officers shall send by first class mail a notice of the assessment to the person found liable and shall file, not less than thirty (30) days nor more than twelve (12) months after such mailing, a certified copy of the notice of assessment with the Clerk of the Superior Court for Waterbury, together with the applicable entry fee. Further proceedings may then be held pursuant to the applicable provisions of the Connecticut General Statutes.

57.9.

The Mayor of the Borough of Naugatuck shall appoint, subject to confirmation by the Board of Burgesses, three (3) or more citation Hearing Officers to conduct the hearings provided by this Ordinance. Hearing Officers shall serve for a term of two (2) years, unless removed for cause. Neither the Zoning Enforcement Officer, the Building Inspector nor any employee of the Borough of Naugatuck exercising zoning authority may be appointed to be a Hearing Officer pursuant to this Ordinance.

(Ord. No. 105, 10-23-97)