This chapter shall be administered and enforced by the zoning administrator. All officials and public employees of the town shall comply with the provisions of this chapter and shall issue no permit or license, for any use, building or purpose in conflict with the provisions of this chapter. Any development approval granted by the zoning administrator shall be in shall be in writing and may contain a provision requiring that the development comply with all applicable state and local laws. The town may issue development approvals in print or electronic form. Any development approval issued exclusively in electronic form shall be protected from further editing once issued. Applications for development approvals may be made by the landowner, a lessee or person holding an option or contract to purchase or lease land, or an authorized agent of the landowner. Unless provided otherwise by law, all rights, privileges, benefits, burdens, and obligations created by development approvals made pursuant to this chapter attach to and run with the land. Unless otherwise specified by this chapter or statute, development approvals shall expire one year after issuance, unless work authorized by the permit has substantially commenced.

(Code 1983, § 7-2-1; Res. of 5-8-2007(2); Res. No. 2020-19, 11-10-2020)

(a)

No building or structure shall be structurally erected, altered or moved, nor shall any of the normal site clearance preparations be undertaken until the zoning administrator has thoroughly investigated such application and property to determine that the intended use is in compliance with the town codes. The applicant may then request a building permit from the town building inspector. The building permit issued shall be posted in some conspicuous place on the premises.

(b)

An application for a building permit shall be accompanied by such information and documentation as may be necessary for an appropriate determination by the building inspector. This may include plans drawn to scale showing the actual shape and dimensions of the lot to be built upon or changed in its use, in whole or in part; the exact size and location of any building or structure or part; the number of dwellings, housekeeping units or families the building is designed to accommodate; and parking facilities. The building inspector shall retain a copy of the plans and record of permits issued.

(c)

Permits will be considered null and void if work does not commence within 180 days from the date of issuance, and the permit fee shall be forfeited. The building inspector shall have within his authority the power to rescind an issued permit upon which work does not proceed in an orderly or continuous manner until completed.

(Code 1983, § 7-2-1; Res. of 5-8-2007(2))

Cross reference— Building permits, § 10-111 et seq.

Whenever a violation of this chapter occurs or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis of the complaint, shall be filed with the zoning administrator; and he shall immediately investigate and take action as provided by this chapter.

(Code 1983, § 7-2-1; Res. of 5-8-2007(2))

(a)

Criminal action. Any person who violates the provisions of this chapter or fails to comply with any of its requirements shall, upon conviction be guilty of a misdemeanor and shall be punished as provided in section 1-6.

(b)

Civil penalty. Any act constituting a violation of any requirement of this chapter shall subject the offender to a civil penalty of $100.00. No penalty shall be assessed until the person alleged to be in violation has been notified of the violation. The notice of violation shall be delivered to the holder of the development approval and to the landowner of the property involved, if the landowner is not the holder of the development approval, by personal delivery, electronic delivery, or first-class mail and may be provided by similar means to the occupant of the property or the person undertaking the work or activity. The notice of violation may be posted on the property. The person providing the notice of violation shall certify to the town that the notice was provided, and the certificate shall be deemed conclusive in the absence of fraud. The notice shall describe the violation with reasonable particularity, specify a reasonable time period within which the violation must be corrected and warn that failure to correct the violation within the time period will result in the assessment of a civil penalty. If the violation is not corrected within the time period provided in the notice, the board of commissioners shall make written demand for payment upon the person responsible for the violation and shall set forth in detail a description of the violation for which the penalty has been invoked. If payment is not received or equitable settlement reached within 30 days after demand for payment is made, the matter shall be referred to the town attorney for institution of a civil action in the name of the town in the appropriate division of the general court of justice for recovery of the penalty. Any sums recovered shall be deposited in the town's general fund.

(c)

Injunction and abatement. If a building or structure is erected, constructed, reconstructed, altered, repaired, converted, moved or maintained, or any building, structure of land is used in violation of this chapter, the zoning administrator, in addition to other remedies, may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, moving, maintenance or use, to restrain, correct or abate the violation, to prevent occupancy of the building, structure or land, or to prevent any illegal act, conduct business or use in or about the premises.

(1)

Each day's continuing violation of any provision of this chapter is a separate and distinct offense.

(2)

Any combination of these penalties and remedies may be used to enforce this chapter.

(Code 1983, § 7-2-1; Res. of 5-8-2007(2); Res. No. 2020-19, 11-10-2020)

(a)

Board of commissioners. A board member shall not vote on any legislative decision regarding a development regulation adopted pursuant to this chapter where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. A board member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.

(b)

Appointed boards. Members of appointed boards shall not vote on any advisory or legislative decision regarding a development regulation adopted pursuant to this chapter where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. An appointed board member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.

(c)

Administrative staff. No staff member shall make a final decision on an administrative decision required by this chapter if the outcome of that decision would have a direct, substantial, and readily identifiable financial impact on the staff member or if the applicant or other person subject to that decision is a person with whom the staff member has a close familial, business, or other associational relationship. If a staff member has a conflict of interest under this section, the decision shall be assigned to the supervisor of the staff person.

No staff member shall be financially interested or employed by a business that is financially interested in a development subject to regulation under this chapter unless the staff member is the owner of the land or building involved. No staff member or other individual or an employee of a company contracting with the town to provide staff support shall engage in any work that is inconsistent with his or her duties or with the interest of the town, as determined by the board of commissioners.

(d)

Quasi-judicial decisions. A member of any board exercising quasi-judicial functions pursuant to this chapter shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker. Impermissible violations of due process include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter.

(e)

Resolution of objection. If an objection is raised to a board member's participation at or prior to the hearing or vote on a particular matter and that member does not recuse himself or herself, the remaining members of the board shall by majority vote rule on the objection.

(f)

Familial relationship. For purposes of this section, a "close familial relationship" means a spouse, parent, child, brother, sister, grandparent, or grandchild. The term includes the step, half, and in-law relationships.

(Res. No. 2020-19, 11-10-2020)