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Newtown City Zoning Code

§ B70-9.01

Zoning Enforcement Officer.

A. 
The Commission shall designate one or more Zoning Enforcement Officers one of whom shall serve as the Chief Officer and all other Zoning Enforcement Officers shall serve under his direction. Said Zoning Enforcement Officer shall administer and enforce these Regulations and shall implement and enforce the decisions of the Zoning Board of Appeals. Said Zoning Officers shall issue Zoning Permits as hereinafter set forth, make the inspections required in the administration and enforcement of these Regulations and the decisions of the Zoning Board of Appeals, issue or deny Certificates of Zoning Compliance as set forth herein, issue orders to cease and desist from the violations of these Regulations and are hereby authorized to inspect any lot, premises, building or use, whether public or private, where said Zoning Enforcement Officers have reason to believe it is or is about to be in violation of these Regulations. Said Zoning Enforcement Officers shall institute civil actions in accordance with the General Statutes to prevent or abate violations of these Regulations and, if authorized, shall arrest, or they may seek warrants for the arrest and conviction of any owner, lessee or agent of such owner or lessee, of any building, premises or part thereof in which a violation of these Regulations has been committed or is being committed or the agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation. In addition, said Zoning Enforcement Officers shall issue orders to discontinue such violations and, if violations are not discontinued within 10 days of such order, shall institute civil actions to recover the civil penalties provided by Statute. Where reference is made in these Regulations to "Zoning Enforcement Officer" in the singular shall be deemed to be a reference to any and all Zoning Enforcement Officers who have been appointed hereunder.
B. 
Zoning permits.
(1) 
Before any land, building or other structure is devoted to a new or changed use, whether or not the owner believes such new or changed use is conforming to these Regulations, or before the erection, enlargement or structural alteration of any structure is commenced, a Zoning Permit shall be obtained from a Zoning Enforcement Officer. The application for such zoning permit shall be accompanied by a plot plan and the Zoning Enforcement Officer may request from the applicant in writing sufficient information so that the Zoning Enforcement Officer may determine that the proposed building, structure or use complies with the provisions of these Regulations in all respects or Site Development Plan approval may be obtained in accordance with Article 10 hereof, if so required. Except for single family uses, no change in occupancy, use or mix within any building shall be made without prior review and approval by the Borough Sanitarian and Zoning Enforcement Officer.
(2) 
No Zoning Permit shall be issued until the permits required by the Newtown Sanitary Code as to wells and sewage disposal systems, and the driveway permit required by the Town Road Ordinance have been obtained by the applicant, if applicable to the use, building or structure proposed. No such Zoning Permit shall be issued unless the Zoning Enforcement Officer has certified in writing that the proposed building or use complies with all the provisions of these Regulations and all conditions which have been imposed by the Commission or Board of Appeals, where applicable. No building or permit should be issued until the Zoning Permit has been issued.
(3) 
Upon completion of the foundation of any building or structure for which the Zoning or Building permits have been issued, and before proceeding any further with the construction of said building or structure, a certified survey by a licensed professional engineer or land surveyor meeting the requirements of the A-2 class survey of the Connecticut Technical Council shall be filed by the holder of the Building and Zoning Permits with the Zoning Enforcement Officer. Such survey shall show such foundation and any existing or proposed well, septic tank and fields and indicate the distances therefrom to the street line, the side and rear lot lines of the lot on which the building or structure is situated and the distances to the well and septic tank and fields.
(4) 
Any Zoning Permit issued hereunder shall cease to be effective six months after the date of issuance (or after the date on which it is finally determined to be valid if challenged by appeal to the Zoning Board of Appeals or the courts) unless the use for which the permit is sought is being actively conducted on the lot or unless work has been commenced and is being diligently pursued on the building or other structure for which the Zoning Permit was sought.
(5) 
Applications for Zoning Permits shall be accompanied by a fee to be computed as follows:
(a) 
For alterations only, resulting in no increase of space, and for new or changed uses of land, building or structures not involving alterations or additions—no fee.
(b) 
For all other applications, see Section 9.07.
C. 
Certificate of zoning compliance. No lot or building shall be occupied or used in whole or in part for any purpose until a Certificate of Zoning Compliance shall have been issued by the Zoning Enforcement Officer stating that the lot, building or structure complies with all the provisions of these Regulations. The building or the structure is complete and ready for occupancy or use, the applicant shall notify the Zoning Enforcement Officer who shall, within 30 days from the receipt of such notice, inspect the lot, building or structure and issue a Certificate of Zoning Compliance of such lot, building or structure comply with all of the provisions of these Regulations, and any special conditions imposed by the Commission or the Zoning Board of Appeals. Prior to issuing a Certificate of Zoning Compliance the Zoning Enforcement Officer may require further written statements from the owner, his agent or any person who is to occupy the premises concerning any information he deems necessary in order to determine whether or not the provisions of these Regulations are being and will be met. Where a portion of a building or structure is ready for occupancy or use the Zoning Enforcement Officer may issue a Certificate of Zoning Compliance as to that part only and no other portion of said building or structure may be used or occupied until a subsequent Certificate(s) of Zoning Compliance is/are obtained therefore.