Voluntown City Zoning Code
SECTION 8
PERMITTING REQUIREMENTS AND PROCEDURES.
8.1.
Administrative Zoning Permits.
A.
Applicability. No building and/or portion of a building shall be constructed, reconstructed, altered, excavated for, moved, or structurally altered in whole or in part for any purpose, nor shall any use be established or changed in the Town of Voluntown, without a Zoning Permit from the Zoning Enforcement Officer or the Commission, issued in conformance with:
B.
A Zoning Permit may not be issued for buildings or structures or for uses of land, buildings, or structures not clearly permitted by these Regulations in the various districts.
C.
A Zoning Permit is not required for repairs or alterations to existing buildings or structures, provided that such work does not increase the floor area of any building or structure and does not change the use thereof.
D.
Contents of Application. All applications shall set forth such information as may be required in order to allow the ZEO or the Commission to determine the conformance of any proposed buildings, structures or uses, or any proposed changes thereto, with these Regulations. The ZEO or Commission may require submission of additional information, including any information that might be required for a Site Plan as described in Section 9 of these Regulations (e.g., soils data, topography, drainage computations, etc.), and a plot plan prepared, signed, and sealed by a licensed land surveyor, to ensure compliance with these Regulations. The ZEO or the Commission may further require that location markers for the building foundation be set by a Connecticut licensed land surveyor in accordance with the plot plan prior to the issuance of a Zoning Permit. For new dwellings and for commercial/business and industrial construction, the ZEO or Commission may require the submission of a survey with Class A-2 level of accuracy in order to determine zoning compliance and shall require that such plans be prepared by a Connecticut licensed engineer and/or land surveyor.
E.
Application Procedures.
1.
An application for a Zoning Permit on a form or online format provided by the Town shall be accompanied by plans and/or other information that comply with applicable requirements of these Regulations, and all applicable fees.
2.
If all requirements of these Regulations are met, the Zoning Permit shall be issued within 30 days unless the applicant agrees, in writing, to extend the time for decision; otherwise, the application shall be denied and the reasons for denial shall be stated by the ZEO.
3.
In the event that any Zoning Permit is issued based on incorrect information or the specific conditions of approval are not adhered to strictly, the ZEO or the Commission may declare such Zoning Permit null and void, provided no such decision may be made until after the ZEO or the Commission has provided the permit-holder an opportunity for a hearing.
F.
Expirations. Zoning Permits issued by the ZEO for construction, erection or alteration of a building or structure are valid until a Certification of Zoning Compliance is issued, or until applicable time limits described herein, or those allowed by State Statute, expire. A Zoning Permit issued by the ZEO that is not associated with any other Commission-approved site work (e.g., Special Exception) shall expire after one year if no work has commenced or if the site work has ceased for a period of one year. The ZEO may grant one extension of one additional year to allow the applicant to commence or continue approved work.
G.
Post-development certification.
1.
Applicability. It shall be unlawful for any newly erected building or any structural addition and/or use for which a Zoning Permit has been issued to be occupied or used, or for any building, lot, or premises or part thereof to be converted or changed from one type of use or occupancy to another, until a post-development Certification of Zoning Compliance has been issued by the ZEO. The ZEO may require an as-built plan to facilitate this review. In the absence of the ZEO, the Chairman or other designated agent of the Commission may issue a Certification of Zoning Compliance. A Certification of Compliance shall remain valid only so long as the building, structure, lot, or use thereof or the use of the land remains in full conformity with these Regulations or any relevant amendments thereto. The Certification of Zoning Compliance shall be issued within thirty business days after a written request is made to the ZEO, provided that:
a)
any building, structure, or alteration and/or use of property for which the Certification is sought has been properly completed and is fully in compliance with these Regulations and that all pertinent conditions of any Zoning Permit or approval for such building, structure or use have been fulfilled; and
b)
that the Health Officer or Sanitarian or responsible regulatory agency has inspected the premises and has given written approval for the installation of the sewage disposal facility and water supply system.
2.
Certificate of Occupancy. No Certificate of Occupancy shall be issued by the Building Official for a building, use or structure subject to these Regulations without certification in writing from the ZEO that such building, use, or structure is in conformity with these Regulations or is a valid non-conforming use under these Regulations.
H.
Property Line Adjustments and Free Splits. Any and all property line adjustments or lot divisions (splits) within the Town of Voluntown shall require a review by the ZEO to determine compliance with the Zoning and Subdivision Regulations.
1.
A property line adjustment is any change in the location of an existing property line that does not create an additional lot, does not result in a lot or condition that violates the Zoning Regulations, and does not increase any existing lot nonconformities with respect to the dimensional requirements of the Zoning Regulations. Such property line adjustment shall not be considered a subdivision or resubdivision so long as it does not create a lot or affect a street layout shown on an approved subdivision or resubdivision map and does not affect any area reserved for public use or established as open space on an approved subdivision plan.
2.
A "Free Split" is a one-time division of land permitted on a parcel that has remained undivided, and in the same configuration as it was on or before 10/18/1963. Any subsequent division of land requires subdivision approval.
3.
The applicant shall record the approved survey in the office of the Town Clerk, and any survey not so recorded within ninety (90) days following its approval, shall become null and void. The applicant may request two (2) additional ninety (90) day extensions. The request for an extension must come before the initial time period expires. A signed copy of the approved survey shall be provided by the applicant to the Zoning Enforcement Officer and to the office of the Town Assessor.
8.2.
Special Exceptions by Commission.
A.
Applicability. A Special Exception application shall be submitted for any activity designated in the Regulations as requiring Special Exception approval, including modifications of existing Special Exception uses, unless such modifications would not change the essential character of the use and would not require the submission of a new or modified Administrative Zoning Permit.
B.
Preliminary Discussion. If an application is of such size or nature that providing a full Special Exception application may be a significant expense, the applicant may submit a Concept Plan for preliminary discussion to the Commission.
1.
A Concept Plan shall be submitted to the Land Use Office and shall be accompanied by plans and sufficient information so that the Commission may informally review the plan for general conformance with these Regulations.
2.
A Concept Plan shall be considered only informational and advisory in nature and no development rights shall attach to the review or consideration of any Concept Plan. The Commission shall make no decision on the plan, and its review shall not be binding on the applicant or the Commission.
C.
Application. Applications for Special Exceptions shall be submitted electronically, via the Town's website. All applications for Special Exceptions shall be accompanied by a Site Plan, as prescribed in Section 9 of these Regulations, and by a fee as per Section 3.3 to cover the costs related to the required public hearing.
D.
Application Review Procedure.
1.
Referrals and Hearings.
a)
If a Special Exception application involves an activity regulated pursuant to CGS § 22a-36 to § 22a-45, inclusive, the applicant shall submit an application for a permit to the Inland Wetlands Commission not later than the any such application is filed with the Commission.
b)
The Commission shall hold a public hearing on the Special Exception application and:
i.
The Commission shall publish a legal notice in accordance with the requirements of the Connecticut General Statutes.
ii.
Notice: Applicant shall (1) submit evidence that notice, via certificate of mailing, of the public hearing has been provided to property owners within 500' of the property at least 7 days in advance of the hearing and (2) shall display a sign giving notice of the hearing on the property frontage for 10 days in advance of the hearing. The sign shall be no smaller than 18" x 24"; lettering shall be at least 1.25" high, and text shall be as follows:
APPLICATION PENDING |
on this property before the |
Voluntown Planning & Zoning Commission. |
Hearing Date ____________ Time __________ |
Place: Voluntown Town Hall |
For information, call 860-376-3867 |
iii.
Provide notification to adjoining municipalities or the Council of Governments in accordance with the requirements of the Connecticut General Statutes.
iv.
The Commission shall process the Special Exception application within the period of time specified in the Connecticut General Statutes.
v.
Notwithstanding the provisions of this section, if an application involves an activity regulated pursuant to CGS § 22a-36 to § 22a-45, inclusive and the time for a decision by the Commission would elapse prior to the 35th day after a decision by the Inland Wetlands Commission ("IWC"), the time period for a decision shall be extended to 35 days after the decision of the IWC.
E.
Special Exception Criteria for Review and Decision. In considering an application for a Special Exception, the Commission shall evaluate the merits of the application with respect to all the following criteria that the Commission may determine are relevant to the application:
1.
That the application is materially in conformance with all applicable provisions of these Regulations;
2.
That transportation services would be adequate and that the uses would not cause traffic congestion or undue traffic generation that would have a deleterious effect on the welfare or the safety of the motoring public;
3.
That the proposed uses and structures would be in harmony with the appropriate and orderly development of the Zoning District in which they are proposed to be situated, and that the use(s) would not be noxious, offensive, or detrimental to the area by reason of odors, fumes, dust, noise, vibrations, appearance, or other similar reasons;
4.
That no significantly adverse effect would result to the fundamental development context of the district, property values, or historic features of the immediate neighborhood;
5.
In accordance with CGS § 22a-19, that the proposed uses would not cause any unreasonable pollution, impairment or destruction of the air, water, and other natural resources of the state; and
6.
That all proposed uses and structures would be consistent with future development as identified and envisioned in these Regulations and the Voluntown Plan of Conservation and Development.
7.
Decision and Filing. No special exception shall become effective until a copy thereof, certified by the Chairman or Secretary of the Commission, containing a description of the premises to which it relates and specifying the nature of the special exception, including the zoning provision to which a special exception is granted, and stating the name of the owner of record, is recorded in the Town's land records. The Town Clerk shall index the same under the grantor's index under the name of the then record owner and the record owner shall pay for such recording.
F.
Bonding. For all Special Exception approvals, the Commission may require the applicant to post a bond to cover the cost of public site improvements, including the measures to be taken to control soil erosion and sedimentation and installation of landscaping plantings. Such bond shall be in a form and amount satisfactory to the Commission.
8.3.
Text and Map Amendment Applications.
A.
The text of these Regulations or official Zoning Map may be amended or repealed as provided in the Statutes either on the initiative of the Commission or by application. Every application for such action shall be filed with the Commission which may act on it only after a public hearing in conformity with Section 8-3 of the General Statutes.
B.
No application for amendment or repeal which has been rejected by the Commission or withdrawn by the applicant shall be heard again within six months from the date of rejection or withdrawal. The Commission may grant a re-hearing if it finds, on facts presented in writing, that a material change in the situation justifies this action in the interest of the public and the applicant.
C.
The application for a Regulation or Map amendment shall be accompanied by a statement of justification that details why the proposed amendment would advance the goals of the Plan of Conservation & Development and would not result in adverse effects on public health, safety, or welfare.
D.
In any petition for a change of Zoning Map, the Commission may require the submission of plans showing proposals for the potential development of the land involved in the change including the location of buildings, streets, and open spaces that would be enabled by such a change, and such other information as the Commission considers helpful to their decision.