Stratford City Zoning Code
SECTION 7
Administration, Procedures, and Enforcement
7.1.1 Board of Zoning Appeals.
The Board of Zoning Appeals shall have all the powers and duties prescribed by the General Statutes of the State of Connecticut. However, it shall not have power to grant variances relating to use of land and buildings or other structures, in districts in which such uses are not otherwise allowed.
7.1.2 Planning Commission.
The Planning Commission shall exercise the powers and perform, the duties conferred upon Planning Commissions by Chapter 126 of the General Statutes.
7.1.3 Planning and Zoning Administrator.
The Planning and Zoning Administrator shall ascertain from the submitted data and plans whether the building, lot and present or proposed use conform with the zoning regulations for the particular district in which the building and lot are or will be situated and they shall not issue a zoning compliance report until such data discloses conformance therewith.
7.1.4 Zoning Commission.
The Zoning Commission shall exercise the powers and perform the duties conferred upon them by Chapter 124 of the General Statutes.
7.1.5 Zoning Enforcement Officer.
The Zoning Enforcement Officer is designated by the Town of Stratford as the officer responsible for enforcing and administering the requirements of the zoning regulations.
7.2.1 Application requirements.
A.
Form of petition. All applications, appeals or petitions shall be on a form supplied by the Planning Commission, Zoning Commission, or the Board of Zoning Appeals and shall be submitted and receipted in accordance with the provisions of the Connecticut General Statutes.
B.
Fees. All fees shall be in an amount prescribed by the Planning Commission, Zoning Commission, or the Board of Zoning Appeals. In the instance when an application has been withdrawn, and already having been advertised, the applicant will not be eligible to be reimbursed for any of the fees collected.
C.
Data required. The following data shall appear on all building applications in order to insure the conformance of buildings and lots with all zoning regulations:
1)
The district or districts in which such building and lot are situated.
2)
The present and proposed use or uses for such building and lot.
3)
Size of lot.
4)
Locations of all structures including proposed structures on lot.
5)
Height of such buildings.
6)
Building area.
7)
Size of yards and court.
8)
The proposed number of families and persons to occupy the building and lot.
9)
The names of person or persons having record title to such building or lot.
10)
The names of all tenants of such building or lot, if applicable.
11)
The dates and types of permits or waivers of the commissions or Board of Zoning Appeals affecting such building or lot.
12)
Any other information deemed necessary by the Building Inspector for the purpose of properly showing the use of such building and lot.
7.2.2 Notification procedures.
All applications submitted to the Zoning Commission, or the Zoning Board of Appeals shall be required to adhere to the notification procedures of this section, when applicable.
A)
Notification of abutting property owners. For any application involving a public hearing, the applicant shall be responsible for notifying the owners of all parcels of land that are subject of the application and all persons owning property in which any portion of such property is within 100 feet of the land that is subject of the application. Such notification shall include, at a minimum:
1)
The date, time, and location of the public hearing.
2)
The street address of all parcels that are subject of the application or, if such parcels do not have a street address, adequate geographical information to allow the recipient of the notice to determine the location of the parcels with respect to the nearest street intersection.
3)
The nature of the application (type).
This notification shall be sent by mail at least seven days prior to the date of the public hearing. A certificate of mailing from the U.S. Post Office of said written notice shall be provided to the Planning and Zoning Office as evidence of compliance with this section. Failure to mail such notice shall constitute an incomplete application.
B)
Posted notification on a property. An applicant shall be required to post a sign, provided by the Planning and Zoning Office, for any application or petition filed with the Planning and Zoning Office that requires a public hearing related to specific parcel(s) or building(s). Sign posting procedures are detail herein:
1)
Applicants shall post sign(s) conspicuously on the premises on which action is pending so that it may be easily seen and read. The sign(s) shall be posted on the property five days prior to the hearing. No sign(s) shall be posted on Town trees.
2)
Applicants are responsible for ensuring, on a daily basis, that the sign(s) are in place. If the signs are stolen or damaged, they must be replaced within one day. The applicant can obtain replacement signs from the Office of Planning and Zoning.
3)
Failure to comply with these signposting requirements shall result in the Commission postponing the hearing on the application to the next regularly scheduled meeting.
4)
Applicants shall sign a copy of the notice acknowledging the requirements for sign posting.
C)
Notification to water companies. For any application concerning land within an aquifer protection area or the watershed of a water company, the applicant shall be responsible for notifying the afflicted water company in accordance with C.G.S. § 8-3i. This notice shall be made by certified mail, return receipt requested, no later than seven days after the day of submission to the Commission. The applicant shall be responsible for submitting proof of mailing and a copy of all notices and documentation sent to the afflicted water company. Failure to provide the documentation shall constitute an incomplete application.
D)
Notice by newspaper. For any application involving a public hearing, the Town of Stratford's Planning and Zoning Office shall publish notice of a public hearing in a newspaper having substantial circulation within Stratford, Such notice shall be published at least twice at intervals of not less than two days, the first not more than 15 days, nor less than 10 days, and the last not less than two days before the date of the hearing.
E)
Notification to regional planning agency. For any application proposing to change a zoning designation within 500 feet of an abutting municipality, the Commission shall provide notice, in accordance with C.G.S. § 8-3b, to the regional planning agency. If any report from such agency is not submitted at or before the hearing, it shall be presumed that such agency does not disapprove of the proposal. The report of such agency is purely advisory.
F)
Notification to abutting municipalities. The Commission shall be responsible for notifying the clerk of an adjoining municipality for any application in which:
1)
Any portion of the property affected by a decision is within 500 feet of the boundary of the adjoining municipality.
2)
A significant portion of the traffic to the completed project shall use streets within the adjoining municipality to enter or exit the site.
3)
A significant portion of the sewer or water drainage from the project shall flow through and significantly impact the drainage or sewerage system within the adjoining municipality; or
4)
Water runoff from the improved site shall impact streets or other municipal or private property within the adjoining municipality.
Such notice shall be made by certificate of mailing requested and shall be mailed within seven days of the day of the submission to the Commission of the application, petition, request or plan.
7.2.3 Performance bonds.
Performance bonds may be required in accordance with Chapter 124, § 8-3 of the Connecticut General Statutes for any final approved site plan. Any such performance bond shall not be released until the Zoning Commission, upon the written statement of the appropriate Town staff, shall have determined that all of the bond conditions have been fully satisfied. No building permit shall be issued until said bond is accepted. The Zoning Commission may allow performance bonds to be posted and released in phases.
7.2.4 Time limits.
All applications and petitions submitted in writing and in a form prescribed by the Planning or Zoning Commission as the case may be, shall be considered at a public hearing to be held within time frames prescribed in the Connecticut General Statutes and decided upon by said Commission(s) within the time frames allowed in the Connecticut General Statutes. The petitioner may consent to extension of the periods provided for hearing and for adoption or denial or may withdraw such petition. The Commission(s) shall not be required to hear any petition or petitions which are substantially the same more than once in a period of 12 months.
7.3.1 Amendments (zone changes and regulations).
The Zoning Commission may, on its own motion, or on petition, adopt new regulations, amend, change, or repeal these Regulations, establish new districts, change, or abandon existing district boundaries, subject to the following conditions and procedure. Whenever the Zoning Commission makes any change in the zoning regulation or the boundaries of a zoning district, it shall state upon its records the reason why such change is made.
A)
Public hearing. No such regulation or boundary shall become effective or be established until after a public hearing in relation thereto be held by the Zoning Commission at which parties in interest and citizens of the Town shall have had an opportunity to be heard. Notice of the time and place of such public hearing shall be published in a newspaper having a substantial circulation in the Town of Stratford at least twice at intervals of not less than two days, the first not more than 15 days, nor less than 10 days, and the last not less than two days before such hearing, and a copy of such proposed regulation or boundary shall be filed in the office of the Town Clerk for public inspection at least 10 days before such hearing, and may be published in such paper.
B)
Protests. If a protest is filed at the above-mentioned public hearing with the Zoning Commission against such change signed by the owners of 20% or more of the area of the lots included in such proposed change, or of the lots within 500 feet in any direction of the property included in the proposed change, such change shall not be adopted except by a vote of four or more members of the Commission. The 500-foot measurement shall be taken from the perimeter of the subject property. Property excluded from the area calculation as required by this section shall include the property that is the subject of the change request, all municipal, state, and federal roads and rights-of-way, and properties located in another town or city. Individual condominium unit areas are excluded from the area calculation if the owner thereof has not signed said protest petition. The common areas of a condominium development are included if any unit owner's sign.
C)
Effective date. Zoning regulations or boundaries or changes therein shall become effective at such times as fixed by the Zoning Commission, provided a copy of such regulation, boundary, or change shall have been filed in the office of the Town Clerk and notice of such filing shall have been published in a newspaper having a substantial circulation in the Town of Stratford before such an effective date.
7.3.2 Administrative and building approvals.
A)
Administrative staff approval. Various regulated activities and uses may require an administrative staff approval from the Office of Planning and Zoning staff. At the direction of staff, applicants may be required to submit the following, but not limited to, documentation:
1)
A written statement detailing the proposed use and/or activity.
2)
A site plan or A-2 survey including the zone development standards, identifying existing and/or proposed site layout.
3)
Written authorization from the property owner allowing such uses at the proposed location.
4)
Erosion and sediment controls.
5)
Other relevant documentation as that staff may deem necessary.
Planning and zoning staff may consider an administrative staff approval for uses deemed to be similar in nature to those identified within the regulations. Staff may refer any request for an Administrative Staff Approval to the Zoning Commission for an Administrative Zoning Commission Approval.
B)
Administrative Zoning Commission approval. Various regulated activities and uses may require an Administrative Zoning Commission approval from the Zoning Commission. Those requesting such approvals may be required to submit the following, but not limited to, documentation:
1)
A written statement detailing the proposed use and/or activity.
2)
A site plan or A-2 survey including the zoning development standards, identifying existing and/or proposed site layout.
3)
Written authorization from the property owner allowing such uses at the proposed location.
4)
Erosion and sediment controls.
5)
Other relevant documentation as that staff may deem necessary.
The Commission can require a special permit for any administrative approval request given the nature of the proposed use and/or activities.
C)
Building approvals.
i.
Building permits. No building permit issued by the Building Inspector shall be construed as any guarantee or warranty by the municipality that the permitted structure conforms to all of the requirements of these Regulations. If the action of the Building Inspector is appealed as provided by these Regulations, or the General Statutes of the State of Connecticut, the holder of such building permit shall not exercise the privileges granted therein except at their own risk.
The Building Inspector shall not issue any building permit for the construction or substantial alteration of any building(s) located on any lot that is likely to be affected by a pending proposal for a zone change or existing district boundary that is before the Zoning Commission until the Commission makes its final determination, following the appropriate public hearing process. The clerk of the Zoning Commission shall immediately provide written notice to the Building Inspector of the pendency of such motion and of the final decision thereon.
ii.
Building removal. No building of any type shall be moved from one foundation to another unless the building in the new location:
1)
Meets all the requirements of these Regulations and receives a favorable Certificate of Zoning Compliance from the Planning and Zoning Administrator.
2)
Is issued a permit for such removal by the Building Inspector.
3)
Receives route approval, in writing, by the Chief of Police of the Town of Stratford if a public street is to be traversed during movement from one location to the next.
The Building Inspector shall require a written application containing a statement of the present location, the new location, a plot plan showing the location of the building on the new foundation and plans and specifications for any proposed improvements to the building.
iii.
As-builts required. An as-built plan shall be required for any new construction of expansion of a building footprint, unless the Zoning Enforcement Officer identifies clear compliance with the Zoning Regulations and therefore determines an as-built plan is not needed. The Zoning Enforcement Officer may require a certified as-built plot plan in other situations involving close proximity to setback lines, lot lines, wetland boundary lines, channel encroachment lines, mean high water lines or other similar restriction lines.
A required as-built plan shall be:
1)
Prepared by a licensed land surveyor, demonstrating that the location of the foundation of any building or addition to an existing building or structure for which a zoning permit has been issued is in compliance with the Zoning Regulations and the approved site plan.
2)
Filed with the Zoning Enforcement Officer by the holder of the application for zoning compliance upon completion of the foundation of any building or addition to an existing building or structure for which an application for zoning compliance has been issued.
The Zoning Enforcement Officer may also request an interim as-built survey during construction to verify any height measurement of any proposed building, building wing or distinct portion in instances where the applicant has proposed to construct to or near the maximum height(s) allowed under the regulations. The interim height(s) shall be measured after the roof sheathing, but prior to other roofing materials are applied. |
Should the applicant fail to provide this as-built as requested, the applicant will be proceeding with construction at their own risk. If the final as built survey indicates the structure exceeds any of the maximum height(s) allowed under the regulations, this shall not constitute a hardship. |
D)
Certificate of occupancy. No certificate of occupancy shall be issued by the Building Inspector unless a certificate of zoning compliance has been issued by the Office of Planning and Zoning stating that such building and lot as erected or altered, and the use thereof are in conformity with these Regulations.
No new, altered, moved, or rebuilt structure shall be occupied for any use except in conformance with these Regulations and after a certificate of occupancy shall have been issued by the Building Inspector as provided in Section 206 of the Building Code.
When any nonconforming use is discontinued, the Building Inspector shall issue no certificate of occupancy for any other nonconforming use until it shall have been approved by the Zoning Commission as provided for in Section 7.3.4 and a favorable zoning compliance report issued therefor.
E)
Certificate of zoning compliance. No certificate of zoning compliance shall be issued by the Office of Planning and Zoning until it has been determined that the said lot(s), building(s), use(s) are developed in conformity with these Regulations. All regulated activities on the site shall require an application for certificate of zoning compliance, be inspected by staff if necessary, and approved prior to the issuance of a certificate of occupancy.
F)
Change of use. Suitable residential buildings located on lots fronting on Main Street from Paradise Green to Stratford Avenue may be changed to office use without a zone change or an owner-occupancy requirement provided the residential character of the building is retained and, where appropriate, improved, subject to the approval of the Zoning Commission as a special permit under Section 7.3.4 of the Zoning Regulations. Site plan review shall be required for any of the uses permitted on Main Street with the exception of one, two, and three family dwellings.
7.3.3 Site plan.
A)
Purpose. Site plan review promotes the health, safety, and general welfare of the Town. It is further the intent to ensure optimum overall conservation, protection, preservation, development, and use of the natural and man-related resources of the Town. It is also the intention to ensure consistent implementation of local zoning objectives. It is not the intent of this regulation to prohibit any land use activity but to allow all land use activities which will meet the standards set forth in this regulation.
B)
Applicability. Site plan review is the standards-based process by which development applications are examined for consistency with the requirements of these Regulations. Site plan review shall be required if an application involves:
C)
Objectives. In reviewing a site plan, the Commission shall take into consideration the health, safety and general welfare of the public and may require such modifications it shall deem necessary to ensure the accomplishment of the following objectives. If the Commission determines that an application does not comply with the following objectives it shall deny the application:
1)
General building and property considerations. That the location, size, design and specific details of all proposed buildings and uses shall be compatible and harmonious with the character and appearance of the surrounding neighborhood. The following aspects shall be evaluated to determine conformity to this objective.
a)
The architectural design of all buildings including materials, color, elevations, roof line, height, size, location, bulk and signage.
b)
The specific nature of the use including but not limited to occupancy, number of employees, hours of operation, etc.
c)
The provision for open space and/or recreation areas.
d)
The protection, preservation and/or enhancement of the natural environment including topography, vegetation, watercourses, wetlands, scenic views, historical structures, etc.
2)
Traffic, pedestrian access, circulation, and parking. That all vehicular and pedestrian accessways, vehicular circulation patterns and off-street parking areas are safely designed to prevent traffic and pedestrian hazards both on and off the site and in accordance with Section 6.8. The following aspects shall be evaluated to determine conformity to this objective.
a)
The number, location, width, grade, and alignment of vehicular and pedestrian entrances, exits, drives and walkways and the adequacy of pedestrian drop-off areas.
b)
The distance of entrances and exits from street corners, other accessways and places of public assembly.
c)
The visibility in both directions at all entrances and exits of the site.
d)
The extent, nature, and arrangement of parking facilities, entrances and exits including the location and design of vehicle maneuvering areas, back around areas and fire lanes and the adequacy of vehicular stacking lanes.
e)
The minimization of curb cuts and the interconnection of adjoining parking areas in order to encourage safe and convenient circulation.
f)
The provision of safety devices necessary to protect life and property such as traffic signs, crosswalks, guardrails, etc.
3)
Landscaping and screening. That the proposed development will protect the environmental quality of the site and preserve and enhance adjacent property values. The following aspects shall be evaluated to determine conformity to this objective.
a)
Existing trees shall be preserved to the maximum extent possible particularly within all setback and buffer areas.
b)
The adequacy of landscaping within and bordering parking and loading areas.
c)
The location, height and materials of walks, fences, berms, hedges so as to ensure compatibility with adjacent development.
4)
Lighting. That all exterior lights and illuminated signs shall be designed and directed so as to prevent objectionable light at, and glare across, the property lines and in accordance with Section 6.7 and that all exterior light fixtures shall be located at a minimum height from the ground and the maximum distance from the property line necessary to provide adequate and safe lighting.
5)
Health and safety. That all utility systems shall be suitably located, adequately designed, and properly installed to serve the proposed uses and to protect the environment from adverse air, water, or land pollution. All buildings and uses shall be directly accessible for fire, police, and emergency medical services.
a)
All refuse and recycling areas shall be located near the service entrance and shall be screened or otherwise enclosed by plantings, walls, or fencing.
b)
The applicant shall prepare pre-development and post-development calculations of the stormwater runoff and provide a design that demonstrates a zero impact to the Town's storm drainage system, including natural waterway systems. Accordingly, the applicant shall evaluate the impacts to downstream conditions. The analysis shall include impacts from the quantity of runoff as well as the quality of the runoff. The drainage collection system shall be designed in accordance with the requirements of the Connecticut Stormwater Quality manual, as amended, as well as the requirements of Town stormwater ordinances. In addition to best management practices currently available and in the absence of specific design criteria which may not be identified in these documents or other requirements of the Town, the applicant shall, at a minimum, design the stormwater collection system to retain the first 1.3 inches of runoff on site, and provide a zero increase in the peak rate of runoff from the site for the twenty-five-year storm, with an evaluation of the impacts from a fifty- and 100-year storm. After the evaluation is complete, if a larger design storm is warranted as determined in consultation with the Town Engineer, the applicant shall design the drainage for no net increase in the runoff from the 100-year storm.
c)
Provision shall be made for all necessary sedimentation and erosion controls during construction.
D)
Site plan requirements. A site plan shall display accurately, and with complete dimensions of, the boundaries of a site and the location of all buildings, structures, uses, and principal site development features proposed for a specific parcel of land. Such a plan must be prepared in accordance with the Town of Stratford Zoning Regulations, reflecting all local provisions for vehicular and pedestrian circulation, parking, landscaping, buffers, signage, lighting, drainage, utilities, lighting, and other needs produced by the proposed development. All submitted plans shall be signed and sealed by an engineer, architect or landscape architect registered and licensed to conduct business in the State of Connecticut, dated and meeting the requirements set forth in this section.
An application for site plan approval may only be submitted by the owner of the property, a holder of a legal interest in the subject property, or the owner's or holder's agent. The application shall be submitted to the Zoning Commission on a form provided by the Zoning Office and shall include the requisite fee for review of the site plan application and the following information:
1)
A list of the names and addresses of all property owners of record as per the Tax Assessor's records within 100 feet of all property lines of the subject property.
2)
Lot dimensions and survey data, and section and lot numbers of the subject property.
3)
Reservations, easements, and areas dedicated to public use, if known, shall be shown.
4)
The site plan must be drawn to a maximum scale of 40 feet to one inch and shall include the subject site and the adjacent street(s) to the near curbline and, as may be relevant to the application, adjacent streets and the closest 50 feet of adjacent lots.
5)
Proposed and existing structures and amenities, including, but not limited to, footprints of foundations, porches, decks, walkways, travel lanes, and parking areas, shall be indicated. Sufficient dimensions shall be shown to allow all zoning requirements to be confirmed.
a)
For any application for approval of a site plan for the development or redevelopment of a commercial property adjacent to an existing greenway or complete street project, such site plan shall provide for private site amenities to be maintained by the property owner that support such greenway or complete street project. Amenities shall include items such as, but not limited to, pedestrian seating, plaza space, public art, native vegetation, and safety improvements.
6)
Existing natural features, such as watercourses, wetlands, and trees of two-inch caliper and larger, including street trees, shall be indicated. Proposed landscaping (including trees and/or shrubs, lawn, other landscape features and natural terrain not to be disturbed) shall be indicated.
7)
Zone development standards/table required and proposed shall be indicated in a table. Existing and proposed street and lot lines, setback lines, building heights, roof profiles, amounts of floor area by use, amounts of lot area by open use, amounts of parking required and provided, and outdoor illumination shall be indicated.
8)
Existing and proposed grades shall be shown at two-foot intervals.
9)
One or more benchmarks that can be used in the field to verify conditions shall be indicated.
10)
Survey: A class A-2 survey of the property, improvements, and easements.
11)
Impact analysis: An impact analysis of the development upon storm drainage, sanitary sewerage, traffic, site conditions and/or environmental resources, including environmental impacts to coastal resources and the ecosystems and habitats of Long Island Sound.
In acting upon any application for site plan approval, the Zoning Commission shall determine that all requirements of the Zoning Regulations of the Town of Stratford are met and that all applications comply with site plan review objectives set forth in Section 7.3.3C.
7.3.4 Special permit.
A)
Applicability. Applications for approval of all uses named as special permit by these Regulations, or for the approval of any use not provided for or allowed by these Regulations, shall be made to the Zoning Commission. In addition to specific uses requiring special permit approval, special permit approval is required for any proposal having any of the following characteristics:
1)
Any increase in floor area by the following amounts per use:
Use | Square Feet |
|---|---|
Restaurant | 3,000 |
Commercial/office | 5,000 |
Industrial | 20,000 |
Warehouse, wholesale, storage | 50,000 |
2)
Any new building, change of use or combination thereof, which requires an increase of parking by 50 spaces or greater.
3)
Any building/use in which a drive-through window is proposed.
4)
Any significant alteration of a previous special permit, as determined by the Zoning Commission.
5)
Any reuse of vacant commercial or industrial space greater than 150,000 square feet, regardless of the proposed use.
B)
Criteria. Those uses which are named as special permit by these Regulations shall be considered to be permitted uses in the districts under which they are named, subject to approval by the Commission as to each specific use. Each of these uses is declared to be of such peculiar and unusual nature in its effect on an area that in order to have it comply with the purposes of the zoning regulations it is necessary to consider it as a special permit.
In reviewing a special permit application, the Commission shall require adherence to the following special permit criteria and objectives and site plan objectives set forth in the following sections. The Commission may, after public notice and hearing in the same manner required by law for zoning amendments, and by the affirmative vote of four or more members present at the hearing, approve the use after making special application of these Regulations in harmony with their general intent by stipulating such restrictions as appear to the commission to be reasonable and the minimum necessary to protect property values in the district as a whole and the public health, safety and welfare. If the Commission determines that an application does not comply with the following criteria and objectives it shall deny the application:
1)
The proposed use shall be in conformance to all requirements of the district in which it is located in addition to any other standard prescribed by these Regulations.
2)
The location, size and intensity of such use shall be compatible and harmonious in relation to the size of the property and existing neighborhood development.
3)
The proposed use shall be in conformance with the Town Plan of Conservation and Development.
4)
The design, location and specific details of the proposed use shall not adversely affect safety in the streets nor increase traffic congestion in the area nor interfere with the pattern of highway circulation. Information on past and present roadway conditions, existing roadway capacity, traffic accidents, existing and projected traffic volumes (ADT, peak a.m. and peak p.m.) existing and projected volume/capacity ratios, existing and projected levels of service and adequacy of traffic signalization and channelization shall be required for all projects impacting traffic conditions.
5)
The emission of noise, light, smoke, odor, gas, dust, or vibration shall not adversely affect land, water or air quality.
6)
The proposed use shall not adversely affect the tax valuation of neighboring properties as a result of the proposed use.
7)
The proposed use shall not create any fire or police hazards.
C)
Approval. Before approving any special permit, the Commission shall consider the above-mentioned special permit criteria and objectives in addition to all site plan objectives set forth in Section 7.3.3C of these Regulations.
D)
Time limits. Any application approved as a special permit by the Commission shall be valid in accordance with the time limits established in Chapter 124, § 8-3c and 8-3k of the C.G.S. The Planning and Zoning Administrator may grant an extension of 18 months, not to exceed a cumulative total of six years, to obtain building permits for any application approved as a special permit. The Planning and Zoning staff shall report back to the Zoning Commission administratively when an extension is granted. The Planning and Zoning Administrator may choose to refer any request for an extension to the Zoning Commission for an administrative review. Any extension sought after the initial six years from the date of approval shall return to the Zoning Commission for an administrative review.
7.3.5 Variances.
The Board of Zoning Appeals shall have the power to determine and vary the application of these Regulations in the manner provided by state statute, in harmony with their purpose and intent and with due consideration for conserving the public health, safety, convenience and welfare, 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 such regulations would result in exceptional difficulty or unusual hardship so that substantial justice will be done and the public safety and welfare secured. Such variances may be for periods as determined by the Board of Zoning Appeals.
Before making such determination or variance the Board of Zoning Appeals must make a written finding in the minutes of each case giving in detail:
1)
The special circumstances which create the hardship for the particular parcel of land, and which do not apply to other parcels in the district;
2)
That the hardship did not exist when the applicant became an interested party and was not created by any act of the applicant; and
3)
That the variance allowed was the minimum necessary to relieve the hardship.
A copy of each variance shall be filed in the land records of the Town in the Town Clerk's Office.
7.4 Enforcement.
These Regulations and orders thereunder shall be enforced by the Planning and Zoning Administrator or the Administrator's designee, who is hereby authorized to cause any building, sign, structure, place or premises to be inspected and examined and to order, in writing, the remedying of any condition found to exist therein or thereon in violation of such regulations or orders.
1)
The owner or agent of any building or premises where a violation of such regulations or orders shall have been committed, or shall exist or the lessee or tenant of an entire building or an entire premises, where such violation shall have been committed or shall exist, or the owner, agent, lessee or tenant of an entire building or premises where such violation shall have been committed or shall exist or the agent, architect, builder, contractor or any other person who shall maintain any building or premises in which any such violation exists, shall be fined for each day that such violation shall continue to the full extent allowed under state law. The superior court shall have jurisdiction over all such offenses with the right of appeal as in other criminal cases.
2)
Any person who, having been served with an order to discontinue any such violation, fails to comply with such order within 10 days after such service or continues to violate any provision of the regulations made under authority of the provisions of Chapter 43 of the General Statutes, 1949 revision, as amended, specified in such order, shall be subject to a civil penalty in the full amount prescribed by state statute payable to the Town of Stratford.
7.5 Nonconforming uses and structures.
1)
A building or structure, the use of which does not conform to the use regulations for the zone in which it is situated, shall not be enlarged, or extended unless such building or structure, including such enlargement or extension, is made to conform to all regulations, including use, for the zone in which it is situated.
2)
Such nonconforming building shall not be structurally altered, except in conformity to this section; provided, however, that such maintenance and repair work as is required to keep a nonconforming building or structure in sound condition shall be permitted; and provided further that any such nonconforming use may be extended throughout any existing parts of the building which were manifestly arranged or designed for such use at the time of the adoption of these Regulations. Regarding condominiums, cooperative housing developments or similar uses, minor additions, including decks, sheds or similar structures that do not add additional units, shall be exempt from requiring a variance for expansion of a nonconforming use and structure if the Planning and Zoning Office determines the proposed work does not substantially alter the intended approved use, provided the owner received approval from the subject condominium association in writing.
3)
If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use which under the special permit procedure of Section 7.3.4, the Zoning Commission finds to be of the same or of a more restricted nature, except that a nonconforming use in a residence, business or light industrial zone shall not be changed to a use permitted only in a heavy industrial zone or excluded from a heavy industrial zone, and except that a nonconforming use in a heavy industrial zone may not be changed to a use excluded from such zone.
4)
If any building in or on which any nonconforming use is conducted or maintained is hereafter removed, the subsequent use of the land on which such building was located, and the subsequent use of any building thereon shall be in conformity with the regulations for the zone in which such land or building is located.
5)
A nonconforming use, building, or structure shall not be deemed abandoned unless the property owner voluntarily discontinues such use, building, or structure and accompanies such discontinuance by a written statement establishing their intent to not reestablish such use, building, or structure. Demolition of a nonconforming use, building, or structure shall not, by itself, be evidence of such property owner's intent to not reestablish such use, building, or structure.
6)
Nothing in these Regulations shall prevent the reconstruction of a building damaged by fire, explosion, accident, the act of God or of the public enemy to its condition and size prior to such damage or prevent the restoration of a wall or structural member.
7)
Any building for which a permit has been duly granted, and the construction of which shall have been started before the effective date of these Regulations and which building these Regulations make nonconforming, may be completed in accordance with plans on file with the Building Inspector, provided that such construction is diligently prosecuted, and such is completed within one year of the date of these Regulations.
8)
Any nonconforming use of buildings lawfully existing at the effective date of these Regulations or of any pertinent amendment thereto, may be continued and any building so existing which was designed, arranged, intended for or devoted to a nonconforming use may be reconstructed and structurally altered and the nonconforming use therein changed, all subject to the provisions of this section.