These Regulations shall be enforced by the Zoning Enforcement Officer and Assistant Zoning Enforcement Officer, authorized agents of the Zoning Commission, who may cause any building, structure, place, or premises, to be inspected and examined.

18.1.1.

With the advice and concurrence of the Zoning Commission, the Chairman shall appoint a Zoning Enforcement Officer and may appoint an Assistant Zoning Enforcement Officer as authorized agents of the Zoning Commission. The appointees may or may not be members or alternates on the Zoning Commission.

It shall be unlawful to start excavation for any structure or commence alteration of or addition to the exterior of any building, including rebuilding, or the change of any use until a zoning permit has been issued for such work or use.

18.2.1.

No building permit may be issued by the Building Official until the Zoning Enforcement Officer has certified in writing, through the issuance of the zoning permit, that the provisions of these Regulations have been complied with. No zoning permit may be issued for uses not clearly permitted by these Regulations.

18.2.2.

Application for a zoning permit shall be made to the Zoning Commission or to the Zoning Enforcement Officer on the appropriate form(s) obtained from him and submitted along with any fee and three (3) copies of an "A-2 Survey" prescribed by these Regulations.

18.2.2.1

The Town of Roxbury, "Owner Authorization to Obtain Permits" form shall be completed when the owner is not the applicant. The form shall include the following information: work location, permit type, owner, owner address of property, owner mailing address if different, agent/applicant, agent/applicant address and mailing address, owner's signature and date.

18.2.2.2

The Agent shall provide a notarized statement to the Commission or Zoning Enforcement Officer when the owner's signature is not an original. Said statement shall include the fact that the Agent is employed or known to the owner and approved to be the Agent. This requirement may be waived at the sole discretion of the Zoning Enforcement Officer

18.2.3.

A zoning permit shall be valid for twelve (12) months from the date of issue.

18.2.4.

Fees for the issuance of zoning permits are to be paid at the time of the application. There shall be no fee required for Permits pertaining to generators and to one-story detached accessory structures used as tool and storage sheds and similar uses, provided the floor area does not exceed 200 square feet.

18.2.5.

Applications for all uses, except single-family dwellings and accessory uses thereto, shall be accompanied by site plans as prescribed in Section 7 of these Regulations. Approval of the site plan by the Commission shall be required prior to issuance of a zoning permit by the Zoning Enforcement Officer or Assistant Zoning Enforcement Officer.

18.2.6.

Applications for single-family dwellings and accessory uses thereto shall be accompanied by an A-2 Survey with sufficient information, as prescribed by the Zoning Enforcement Officer, to show the dimensions of the property, proposed building, and yards, as required by these Regulations. Such applications may be approved by the Zoning Enforcement Officer.

18.2.7.

No dwelling house shall be erected without prior written approval of the Director of Health of the Town of Roxbury or his authorized agent concerning the plan and test results of the proposed sewage disposal facilities and provisions for domestic water supply as prescribed by the State Health Code. Driveway permits. All permits associated with driveways connecting to Town or State roads shall be required prior to issuance of a zoning permit by the Zoning Enforcement Officer.

In reviewing zoning permits the Zoning Commission and/or Zoning Enforcement Officer shall take into consideration the public health, safety and general welfare, the comfort and convenience of the general public and, as a condition of approval may require such modifications of the proposed plans as it deems necessary to comply with the spirit as well as the letter of these Regulations. The Commission and/or Zoning Enforcement officer shall take into account the following objectives:

18.3.1.

Safe, adequate and convenient vehicular traffic circulation both within and without the site. At least the following aspects of the zoning permit shall be evaluated to determine the conformity of the zoning permit to this standard:

a.

The effect of the proposed development on traffic conditions on abutting streets.

b.

The number, locations and dimensions of vehicular entrances, exits and drives.

c.

The visibility in both directions at all exit points of the site and the visibility of a vehicle entering or exiting the site to the driver of a vehicle traveling on the street.

d.

The location, arrangement and adequacy of facilities for the physically handicapped, such as ramps, depressed curbs and reserved parking spaces.

18.3.2.

The protection of environmental quality and the preservation and enhancement of property values. At least the following aspects of the plan shall be evaluated to determine the conformity of a plan to this standard:

a.

The location, height and materials of walls, fences, hedges and plantings so as to ensure harmony with adjacent development.

b.

The prevention of dust and erosion through the planting of ground cover or installation of other surfaces.

c.

The preservation of natural attributes and major features of the site such as wetlands, highly erodible areas, historic structures, major trees and scenic views both from the site and onto or over the site.

d.

The provision of adequate storm and surface water drainage facilities to properly drain the site while minimizing downstream flooding.

18.3.3.

A high quality of building design, neighborhood appearance and overall design through a design in harmony with existing and/or proposed neighborhood appearance as shown by the exterior appearance of the buildings, their location on the site, and their relationship to the natural terrain and vegetation.

When the approval of a zoning permit is the only requirement to be met or remaining to be met under these Regulations for a proposed building or use, a decision on an application for approval of such zoning permit shall be rendered within sixty-five (65) days after receipt of such zoning permit application. The applicant may consent to one or more extensions of such period, provided the total period of any such extension or extensions shall not exceed two (2) further sixty-five (65) day periods, or may withdraw such permit.

18.4.1.

The date of receipt of a zoning permit shall be either the day of the next regularly scheduled meeting of the Commission immediately following the day of submission to the Zoning Enforcement Officer, or thirty-five (35) days after such submission, whichever is sooner.

18.4.2.

A zoning permit may be modified or denied only if it fails to comply with the standards set forth in this Section. A decision to deny or modify a zoning permit shall set forth the reasons for such denial or modification. Any zoning permit decision shall be sent by certified mail to the applicant within fifteen (15) days after such decision is rendered.

18.4.3.

A zoning permit in conjunction with a special permit application shall be in accordance with the schedule set forth in Section 8-3c of the General Statutes.

18.4.4.

Where required by statute or the provisions of these Regulations, the zoning permit shall be ref erred to the Planning Commission for approval prior to the granting of a permit by the Zoning Enforcement Officer or by the Zoning Commission.

18.4.5.

The Zoning Enforcement Officer shall not issue any permit, the provisions of which conflict with any rulings or decisions of Zoning Board of Appeals relative thereto.

18.4.6.

The Zoning Enforcement Officer shall have authority to inspect the premises while under construction at any reasonable time. Upon completion of the proposed work, the applicant shall notify and apply to, the Building Inspector for an Occupancy Permit. Within ten (10) days thereafter the Building Inspector shall issue or deny such permit, depending on his determination that the requirements of these Regulations have, or have not been met. If such permit is not issued, he shall notify the applicant in writing of the reason for such non-issuance.

18.4.7.

No premises, or building hereafter erected or materially altered shall be used or occupied in whole or, in part for any purpose whatsoever until an Occupancy Permit shall have been obtained.

18.4.8.

The Zoning Enforcement Officer shall make a full and complete report to the Zoning Commission at its next regular meeting on the decision made by him in respect to each permit application received, and in respect to those on which approval was withheld, and his reason for so withholding.

18.4.9.

The Zoning Commission shall keep records of all fees, all applications for zoning Permits, all identifiable complaints of violations of these Regulations, all inspections made under these Regulations and all notices of violations served by the Zoning Enforcement Officer and the action taken thereon.

It shall be unlawful for any newly erected building or structure or addition for which a zoning permit is required or has been issued to be occupied or used, or for any building or premises or part thereof to be converted or changed from one type of use or occupancy to another until a certificate of compliance has been issued.

18.5.1.

Application for such certificate shall be made in writing to the Zoning Enforcement Officer at the same time as the zoning permit. Such certificate shall be issued by such officer within five (5) days after notification from the permittee that the premises are ready for occupancy if he finds:

a.

that the construction and proposed use is in conformance with these Regulations,

b.

that the Town Health Officer has inspected the premises and given written approval of the installation of the particular sewage disposal facility and water supply systems, if any.

These are uses which are permitted only upon a finding by the Commission that they meet the special conditions prescribed in section 6 of these Regulations. Applications for Special Permits are available from the Zoning Enforcement Officer and shall require approval by the Commission.

Applications for changes in zone boundaries or regulations may be obtained front the Zoning Enforcement Officer. Changes in these Regulations or in zone boundaries shall be adopted only by a majority vote of all the members of the Commission. If protest against a proposed change is filed at or before a hearing with the Zoning Commission signed by the owners of twenty percent (20%) or more of the area of lots included in such proposed change or of the lots within 500 feet in all directions of the property included in the proposed change, such change shall not be adopted except by a vote of two-thirds (2/3) of all the members of the Commission. Site plans are to be submitted with all Zone change applications.

The Commission or other agency to which the authority to issue a Special Permit is delegated shall conduct a public hearing on any application for a Special Permit or a change in zone boundaries or regulations. Such hearing shall commence within sixty-five (65) days after receipt of such application and shall be completed within thirty-five (35) days after such hearing commences. Notice of the hearing shall be published in a newspaper having general circulation in the Town of Roxbury at least twice at intervals of not less than two (2) days, the first no more than fifteen (15) days or less than ten (10) days and the last not less than two (2) days before the date set for the hearing. Applicant or petitioner shall be required to mail additional notification at least seven (7) days before the scheduled hearing to persons who own land that is adjacent to the land that is the subject of the hearing. The notice shall provide a brief description of the application or petition along with the date, time, and location of the public hearing. For purposes of this additional notice, the applicant shall provide at the public hearing proof of mailing as evidenced by a certificate of mailing, and the owner(s) to whom the notice is addressed shall be the owner(s) indicated on the Town's property tax map or on the last-completed Grand List as of the date such notice is mailed. The application /petition shall be deemed incomplete until certified receipts of mailing to all such adjacent property owners and a list of all property owners notified are filed with the commission hearing the application, and if not filed, the Commission or other reviewing agency may deny the application on that basis. All decisions on such matters shall be rendered within sixty-five (65) days after completion of such hearing. The applicant may consent to an extension of any period specified in this paragraph, provided the aggregate of such extension for all such periods for any purpose shall not be longer than sixty-five days (65), or the applicant may withdraw such application. The commission hearing the application shall not be required to hear any petitions relating to the same changes, or substantially the same changes, in zoning test or boundaries more than once in a period of twelve (12) months.

Any person who alleges that there is an error in any order, requirement, or decision made by the Zoning Enforcement Officer in the enforcement of these Regulations may appeal such action to the Zoning Board of Appeals. Any person wishing to make a proposal that may not be consistent with the requirements of these Regulations, may apply to the Zoning Board of Appeals for a variance, except that a variance to permit a use not expressly allowed by these Regulations may not be granted by the Zoning Board of Appeals. A variance does not constitute a zoning permit, which must also be obtained before a building permit can be issued.

No variance or special permit shall become effective until a copy thereof, certified by the Zoning Board of Appeals or this Commission, as appropriate, containing a description of the premises to which it relates and specifying the nature of such variance or special permit, including the zoning provision which is varied in its application or to which a special permit is granted, and stating the name of the owner of record, is recorded in the Town Land Records. The Town Clerk shall index the same in grantor's index under the name of the then record owner and she record owner shall pay for such recording.

A zoning permit indicates compliance with the provisions of these Regulations. However, other permits may be required before the applicant can begin the related building or use, such as those concerned with driveways, wetlands, water and sewer facilities, fire protection, building code and health code. Determining what other permits are required and obtaining such other permits is the responsibility of the applicant.

If these Regulations require a greater width or size of yards, courts or other open spaces or a lower height of building or a fewer number of stories or a greater percentage of lot area to be left unoccupied or impose other and higher standards than are required in any other statute, by-law, ordinance or regulation, the provisions of these Regulations shall govern. If the provisions of any other statute, bylaw, ordinance, or regulation require a greater width or size of yards, courts or other open spaces or a lower height of building or a fewer number of stories or a greater percentage of lot area to be left unoccupied or impose other and higher standards than are required by these Regulations, the provisions of such statute, bylaw, ordinance or regulation shall govern.

The Zoning Enforcement Officer may order the remedying of any condition found to exist therein or thereon in violation of any provision of these Regulations. When such violation involves unauthorized grading of land or the removal of earth products, the zoning Enforcement Officer shall issue, in writing, a cease and desist order to be effective immediately.

The owner or agent of any building or premises where a violation of any provision of these Regulations has been committed or exists, or the lessee or tenant of an entire building or entire premises where such violation has been committed or exists, or the owner, agent, lessee or tenant of any part of the building or premises in which such violation has been committed or exists, or the agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation exists, shall be fined not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00) for each day that such violation continues; but, if the offense is willful, the person convicted thereof shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for each day that such violation continues, or imprisoned not more than ten (10) days for each day such violation continues, or both; and the Superior Court shall have jurisdiction of all such offenses, subject to appeal as in other cases. Any person who, having been served with an order to discontinue any such violation, fails to comply with such order within ten (10) days after such service, or having been served with a cease and desist order with respect to a violation involving grading of land or removal of earth, fails to comply with such order immediately, or continues to violate any provision of these Regulations in such order shall be subject to a civil penalty of Five Hundred Dollars ($500.00), payable to the Treasurer of the Town of Roxbury.

These Regulations do not repeal or annul or in any way impair any statutory provisions, and in the event of any conflict between any of such provisions and these Regulations, the statutory provisions shall be controlling

These Regulations, including the Zoning Map, may be amended by the Commission on its own initiation, or when initiated by a written petitions of one or more property owners. Any amendment may be adopted only after due notice and public hearing as prescribed by the General Statues of the State of Connecticut. Any petition for amendment shall be prepared and submitted in accordance with any rules for submission of petitions adopted by resolution of the Zoning Commission.

If any provision of these Regulations is adjudged by a court of competent jurisdiction to be invalid, the effect of such decision 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.

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.