The Director of Licenses, Permits and Inspections, or their duly authorized agents, may waive the requirements of this section for a site plan if such requirement is deemed to be immaterial to the approval of the building or zoning permit application. [Approved 12-18-24, Item #36553-3]

Fees to be charged by the Director of Licenses, Permits and Inspections shall be as follows: [Approved 1-13-03, Item #27215-2; Approved 10-3-24, Item #36539-3]

For any and every violation of any provision of this Ordinance, or violation of any special conditions or safeguards imposed by the Zoning Board of Appeals pursuant to Sections 270-40 or 270-50 hereof, and upon failure to comply with written notice thereof or order to remove such violation within five (5) days after service of such notice or order, the owner of a building, structure, premises, lot or land where such violation has been committed or shall exist, shall be subject to such fines and penalties as may be applicable in accordance with the provisions of Section 1-15 of the New Britain Code of Ordinances, as may be amended from time to time. Additionally, in regards to such violations involving any motor vehicle sales business; motor vehicle repair garage, motor vehicle wash or automatic car wash; motor vehicle towing or storage lot; or any motor vehicle services - licensed or unlicensed, the business owner, operator and/or licensee, as well as the property owner shall be cited and subject to such fines or portion thereof as deemed appropriate. [Approved 3-25-13, Item #32143-2; Approved 4-18-17, Item #33769-3; Approved 10-3-24, Item #36539-3]

In applying and interpreting the provisions of this Ordinance, they shall be held to be the minimum requirements adopted for the purpose of promoting health, safety, morals or the general welfare of the community or the comfort, happiness and prosperity of the inhabitants thereof. The following specific regulations shall apply:

Nothing contained in this ordinance shall be taken to repeal, abrogate, annul or in any way impair or interfere with any provisions of law or ordinance or regulations, existing or as may be adopted in the future. Nor is it intended by this ordinance to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided however, that where this ordinance imposes a greater restriction upon the use of buildings, structures, premises or lots, or upon the height of buildings or structures, or requires larger lots, yards, courts or other open spaces than imposed or required by such other provisions of law, ordinance or regulation, or by such easements, covenants or agreements, the provisions of this ordinance shall control.

Wherever the provisions of any other law or ordinance or regulations impose a greater restriction than this ordinance, the provisions of such other law or ordinance or regulations shall control.

No provision contained in this ordinance shall be construed as justifying the encroachment of any building or structure within any street lines now or hereafter laid down on the City map, nor within the lines of any stream or channel that receives the runoff of surface drainage.

It shall be the duty of the Director of Licenses, Permits and Inspections, or their duly authorized agent as provided under these regulations, to administer and enforce the provisions of this Ordinance. [Approved 1-13-03, Item #27215-2; Approved 4-4-24, Item #36355-3]

Should the said Director of Licenses, Permits and Inspections be in doubt as to the meaning or intent of any provision of this Ordinance, or as to the location of any district boundary line on the Zoning Map, or as to the propriety of issuing a building permit or a certificate of occupancy in a particular case related to the provisions of this ordinance, it shall appeal the matter to the Zoning Board of Appeals for interpretation and decision. [Approved 1-13-03]

DELETED [Approved 1-13-03, Item #27215-2]

The Director of Licenses, Permits and Inspections, the Building Inspector and their deputies and assistants, and the City Engineer, Chief of Police, and Fire Chief, and their authorized agents, shall have the right and authority, at any reasonable hour, to enter any building, structure, premises or lot whether already erected or put into use, or in the course of being erected or put into use, for the purpose of determining whether or not the provisions of this Ordinance are being complied with. [Approved 1-13-03, Item #27215-2]

All procedure with respect to applications for and issuance of building permits shall be in conformity with the provisions of the Building Code. All such applications shall be accompanied by such other information as may be necessary to determine and provide for the enforcement of this Ordinance.

The plot plan shall show a separate lot for each main building, provided however that where a development consists of an integrated arrangement of dwellings, group houses, garden apartments, multifamily houses, or other buildings designed and intended to be maintained in a single ownership, or as residential condominium or common interest ownership community in accordance with applicable state statutes, the Director of Licenses, Permits and Inspections may waive the requirement of showing separate lots for each separate main building. [Approved 1-13-03, Item #27215-2; Approved 2-23-06, Item #28900-2]

No building permit shall be issued for the erection, construction, reconstruction, structural alteration, restoration, repair or moving of any building or structure or part thereof unless the plans and intended use have been approved by way of a Zoning Permit, in accordance with Section 280-90 of these Regulations, indicating that such building or structure is designed and intended to conform in all respects to the provisions of this Ordinance. Zoning and Building Permits may be issued concurrently or separately. [Approved 10-3-24, Item #36539-3]

Where a lot is formed from part of an existing lot, whether already improved or not, the separation must be affected in such a manner as not to violate any of the provisions of this Ordinance either with respect to the lot so formed or to the remainder of the former lot, and to any existing or proposed future improvements on either lot.

After completion of footings and establishing of forms on the first course of the foundation walls of a building or structure, the owner shall cause a survey to be made by a licensed land surveyor, showing the true location of such foundation walls with respect to lot lines of the lot and certified to be in strict accordance with the filed plot plan, and a copy of such certified survey shall be filed with the Director of Licenses, Permits and Inspections before any further construction is commenced. [Approved 1-13-03, Item #27215-2]

The following site provisions are intended to secure compliance with the requirements and standards set forth in this Ordinance and accepted professional design practice for such site improvements as drainage, sidewalks, curbs, parking, landscaping, screening, fences, driveways and grading.

Building permit applications for any building or structure or use of land shall include five (5) copies of a site plan drawn to scale and showing the following items: [Amended 12-18-24, Item #36553-3]

Site plan design for any such building or structure or use of land shall be prepared in accordance with good professional practice, and shall at least meet the requirements for improvements established in this Ordinance or by separate ordinances, regulations, or specifications of the City of New Britain or other governmental agency having jurisdiction. Design plans for the following specific items shall be included: grading; drainage; sewerage; parking area pavement; and sidewalks, driveway aprons, curb cuts, landscaping, screening, and street trees along all street frontages.

The Director of Licenses, Permits and Inspections shall forward one copy each of the required site plan to the Board of Public Works and to the City Plan Commission for approval or recommendations as to amendments necessary before issuance of a building permit. [Approved 1-13-03, Item #27215-2]

No building permit shall be issued for any such building, structure or use until the Director of Licenses, Permits and Inspections has received approval by the Board of Public Works and the City Plan Commission or their representatives, except that if any one of them or both shall fail to report within thirty days, the proposed site plan shall be considered approved by that body, or bodies, person or persons, failing to report. [Approved 1-13-03, Item #27215-2]

In the case of any application for a permitted use requiring the submittal of a site plan, such site plan shall be the subject of review by the Director of Licenses, Permits and Inspections, the City Engineer, and the Director of Planning, which review shall then be reported in writing to the Director of Licenses, Permits and Inspections for its guidance in considering the application. When an applicant for such permitted use questions the interpretation of the site plan requirements by the Director of Licenses, Permits and Inspections, he may take an appeal to the Zoning Board of Appeals. [Approved 1-13-03, Item #27215-2]

In the case of every application for a special exception use, the site plan shall be reviewed by the Director of Licenses, Permits and Inspections, the City Engineer, and the Director of Planning, who shall then report their review in writing to the City Plan Commission, for its guidance in considering the application. The City Plan Commission shall then present its report to the Zoning Board of Appeals, for its guidance in considering the application, and for forwarding with the said Board's report to the Director of Licenses, Permits and Inspections of the action taken on such application for a special exception use. [Approved 1-13-03, Item #27215-2]

In the case of every application for a variance requiring the submittal of a site plan, such site plan shall be the subject of review by the Director of Licenses, Permits and Inspections, the Board of Public Works and the City Plan Commission, or their representatives, which reviews shall then be reported in writing to the Zoning Board of Appeals for its guidance in considering the application and for forwarding with the said Board's report to the Director of Licenses, Permits and Inspections of the action taken on such application for variance. [Approved 1-13-03, Item #27215-2]

Nothing in this Ordinance shall require any change in the plans, construction or designated use of a building or structure for which a lawful building permit has been issued prior to the effective date of this Ordinance or any amendment thereto affecting such building or structure, or the use thereof, provided that:

It shall be unlawful to use or to permit the use of any building, structure, premises, lot or land, or part thereof, hereafter erected or altered, enlarged or moved, in whole or in part, after the effective date of this ordinance, or any building, structure, premises, lot or land, or part thereof of which the use is changed, until a certificate of occupancy has been obtained by the owner, as provided for under the Building Code.

No certificate of occupancy shall be issued for any building, structure, premises, lot or land unless the erection-construction, reconstruction, structural alteration, restoration, repair, or moving of any building or structure or part thereof, and the intended use have been approved by way of a Certificate of Zoning Compliance, in accordance with Section 280-100 of these Regulations. Certificates of Occupancy and Zoning Compliance may be issued concurrently or separately. [Approved 10-3-24, Item #36539-3]

The Director of Licenses, Permits and Inspections shall obtain a written order from the Zoning Board of Appeals before issuing a certificate of occupancy in a case involving a special exception use pursuant to Section 270-40 or a variance from the provisions of this Ordinance pursuant to Section 270-50. [Approved 1-13-03, Item #27215-2]

Upon written application by the owner or his authorized agent, the Director of Licenses, Permits and Inspections shall issue a certificate of occupancy for any building, structure, or lot existing and in use at the effective date of this Ordinance, provided that said Building Commission shall find that such building or structure, lot or land is in conformity with the applicable provisions of this ordinance, or is a nonconforming building or structure as defined in Section 30-20 or a nonconforming use as defined in Section 30-20, and in any case is in conformity with all other ordinances. No person shall be required to obtain any such certificate as of the effective date of this Ordinance. [Approved 1-13-03, Item #27215-2]

In a case of undue hardship, the Director of Licenses, Permits and Inspections may issue a temporary certificate of occupancy good for a period of six (6) months for any building or structure provided that said Director of Licenses, Permits and Inspections shall find that: [Approved 1-13-03, Item #27215-2]

No certificate of occupancy (permanent or temporary) shall be issued for any building, structure, premises, lot or land, unless the Bureau of Engineering first issues a statement of clearance that the grade at street line complies with the City of New Britain established street line grade.

\Approval Authority.

A Zoning Permit shall be reviewed and acted on by the Zoning Enforcement Officer in accordance with the provisions of this section. [Approved 10-3-24, Item #36539-3]

The following work requires an application for a Zoning Permit to be submitted online to the Zoning Enforcement Officer.

1.

Erection and/or construction of a principal structure.

2.

Reconstruction, structural alteration, restoration, repair or moving of any principal building or structure or part thereof if said reconstruction, structural alteration, restoration, repair or moving of any principal building or structure or part thereof is over 50% of the principal structure's square footage.

3.

Change in use of any land, building, or other structure or part thereof.

4.

Zoning determination letter.

If the Zoning Enforcement Officer shall find the proposed building or other structure or use in compliance with these regulations, they shall issue a Zoning Permit, provided no such permit shall be issued for a use requiring a special exception or variance, until such special exception or variance has been granted by the Zoning Board of Appeals.

The Zoning Enforcement Officer may require a plot plan to indicate the location of the structure and measures to control soil erosion that shall be in place prior to the start of construction. [Approved 10-3-24, Item #36539-3]

Pursuant to Connecticut General Statutes Section 8-3(f), no Building Permit shall be issued unless a zoning permit has been issued by the Zoning Enforcement Officer. Zoning and Building Permits may be issued concurrently or separately. [Approved 10-3-24, Item #36539-3]

Permits required by this section are in addition to, and not in lieu of, all other permits and certificates required by other ordinances and regulations of the City. [Approved 10-3-24, Item #36539-3]

Revocation of Zoning Permit.

The Zoning Enforcement Officer may revoke a Zoning Permit upon a) a finding that the information provided upon which the Zoning Permit was issued contained material misrepresentations of fact or b) a finding that any requirements of the Zoning Permit are being violated. Failure to comply with any applicable standards or conditions of these Regulations shall also be deemed cause to revoke a Zoning Permit. The Zoning Permit shall not be reinstated until the use shall be brought into compliance with the requirements of the Zoning Permit and these Regulations. [Approved 10-3-24, Item #36539-3]

Approval Authority.

A Certificate of Zoning Compliance shall be reviewed and acted on by the Zoning Enforcement Officer in accordance with the provisions of this section. [Approved 10-3-24, Item #36539-3]

The following work requires a Certificate of Zoning Compliance to be submitted online to the Zoning Enforcement Officer. If the Zoning Enforcement Officer finds the building or other structure or use in compliance with an approved site plan, special exception or variance, and with these regulations, he shall issue a Certificate of Zoning Compliance. Certificates of Occupancy and Zoning Compliance may be issued concurrently or separately.

1.

Erection and/or construction of an accessory structure (including garages, fences, decks, signs, pools and other accessory structures).

2.

Reconstruction, structural alteration, restoration, repair or moving of any accessory building or structure or part thereof.

3.

Reconstruction, structural alteration, restoration, repair or moving of any principal building or structure or part thereof if said reconstruction, structural alteration, restoration, repair or moving of the principal structure is under 50% of the principal structure's square footage.

4.

Certificate of Zoning Compliance is required prior to the issuance of any Certificate of Occupancy by the Building Official, pursuant to section 8-3(f) of the Connecticut General Statutes.

A Certificate of Zoning Compliance may be issued for individual buildings within a multi building complex that are in compliance with the provisions of the approved site plan, special exception or variance even though other structures in the complex are not yet in compliance and provided bond surety has been posted pursuant to Section 280-80-50.40 of these Regulations.

The Zoning Enforcement Officer may require a plot plan to indicate the location of the structure and measures to control soil erosion that shall be in place prior to the start of construction. [Approved 10-3-24, Item #36539-3]

Permits required by this section are in addition to, and not in lieu of, all other permits and certificates required by other ordinances and regulations of the City. [Approved 10-3-24, Item #36539-3]

Revocation of Certificate of Zoning Compliance.

The Zoning Enforcement Officer may revoke a Certificate of Zoning Compliance upon a) a finding that the information provided upon which the Certificate of Zoning Compliance was issued contained material misrepresentations of fact or b) a finding that any requirements of the Certificate of Zoning Compliance are being violated. Failure to comply with any applicable standards or conditions of these Regulations shall also be deemed cause to revoke a Certificate of Zoning Compliance. The Certificate of Zoning Compliance shall not be reinstated until the use shall be brought into compliance with the requirements of the Certificate of Zoning Compliance and these Regulations. [Approved 10-3-24, Item #36539-3]

The Zoning Enforcement Officer shall provide a General Zoning Analysis Letter upon request, and upon payment of the fee established in Section 280-120 of these Regulations. [Approved 10-3-24, Item #36539-3]

Permits required by this section are in addition to, and not in lieu of, all other permits and certificates required by other ordinances and regulations of the City. [Approved 10-3-24, Item #36539-3]

Revocation of General Zoning Analysis Letter.

The Zoning Enforcement Officer may revoke a General Zoning Analysis Letter upon a) a finding that the information provided upon which the General Zoning Analysis Letter was issued contained material misrepresentations of fact or b) a finding that any requirements of the General Zoning Analysis Letter are being violated. Failure to comply with any applicable standards or conditions of these Regulations shall also be deemed cause to revoke a General Zoning Analysis Letter. The General Zoning Analysis Letter shall not be reinstated until the use shall be brought into compliance with the requirements of the General Zoning Analysis Letter and these Regulations. [Approved 10-3-24, Item #36539-3]

For a zoning permit, certificate of zoning compliance, general zoning analysis letter, building permit and for a certificate of occupancy, the fee shall be as provided in Chapter 7, Article I, Section 7-14 of the City Code of Ordinances. [Approved 10-3-24, Item #36539-3]

Fees for applications made to the Zoning Board of Appeals for appeals of determinations or decisions made by the Zoning Enforcement Officer, and for all Variances and Special Exceptions, except those for alcohol permit locations, shall be as established by City Ordinance, Article IX. Sec. 19-130, as may be amended from time to time.

At any meeting or hearing at which a full Board consisting of seven (7) members and/or seated reserve members/alternates is not in attendance, an applicant may postpone a hearing on his/her application without prejudice until the next regular meeting of the Board at which time the Board shall proceed with a hearing and action on the application/appeal, even in the event that a full Board is not present. In the event an applicant/appellant requires a postponement or continuance for one (1) month of action on their application, other than for reasons of lack of a full seven (7) member board, said applicant shall be assessed a fee equivalent to the original application fee. [Approved 4-14-03, Item #27405-2; Approved 10-19-04, Item #28153-2; Approved 8-29-06, Item #29134-2; Approved 10-3-24, Item #36539-3]

The above fees shall be waived for all public projects subsidized by the City of New Britain and executed by any department or agency of the City, excluding projects for the consolidated school district and projects executed by City departments but not subsidized by the City of New Britain. [Approved 4-14-03, Item #27405-2; Approved 10-3-24, Item #36539-3]

A minimum required lot or yard size for one building or structure shall not be used as any part of a required lot or yard for a second structure.

The required lot or yard for an existing building or structure shall not be diminished below the minimum requirements of this ordinance.

The parking spaces required for one building or structure or use shall not be included in the computation of required parking spaces for a second building or structure or use.

Property lines and related street, right-of-way, and easement lines as determined by survey.

Location of existing and/or proposed buildings and structures.

Layout of existing and proposed off-street parking areas showing the details of aisles, driveways and each parking space.

Existing topography of the site and immediately adjacent property as revealed by contours or key elevations as may be required by the City Engineer and any proposed re-grading of the site.

Existing and proposed storm water drainage facilities, sidewalks, curbs and curb cuts and similar structures.

Existing and proposed street trees, landscaping, screening and fences.

Existing and proposed outdoor lighting and sign locations.

[Approved 2-22-85, Item #16617-1; DELETED 9-29-23; Item #36186-3]

The construction of such building or structure shall have been begun and diligently prosecuted within six (6) months from the date of such permit.

The ground story framework, including the second tier of beams, shall have been completed within nine (9) months from the date of such permit.

The entire building or structure shall be completed according to such filed and approved plans upon which the issuance of such permit was based, within one (1) year from the effective date of this ordinance or any such amendment thereto.

In the event that any one of conditions listed in Sections 280-70-10.10, 280-70-10.20, and 280-70-10.30 is not complied with, such building permit shall be revoked by the Director of Licenses, Permits and Inspections, unless an extension of time shall have been granted by the Zoning Board of Appeals. [Approved 1-13-03, Item #27215-2]

Such building or structure is in itself in conformance with the Building Code and all other applicable ordinances or regulations.

All site development requirements are essentially completed, but that due to unavoidable delays they cannot be entirely completed as required, in a reasonable time.

On investigation, the City Engineer and the Planning Director approve of such temporary certificate of occupancy.

A performance bond or money in escrow in an amount established by the City Engineer shall be provided to ensure satisfactory completion of all site development requirements within a period of six (6) months.