Request may be made for a certificate of compliance in respect of an existing or proposed use or characteristic of any land or improvement for which a zoning permit is not required under § 500-166.
An application for a certificate of compliance
may be made by:
A.
Owner. The owner, or all the joint owners, of the
premises to which such application relates;
B.
Purchaser. The purchaser, or all the purchasers, under
a written contract to purchase the premises, provided that the written
consent to the grant of such certificate of compliance of the owner,
or all the joint owners, of the premises accompanies the application;
or
C.
Lessee. The owner, or all the joint owners, of a leasehold
interest in the premises under a written lease, provided that the
written consent to the grant of such certificate of compliance of
the owner, or all the joint owners, of the premises accompanies the
application.
A complete application shall consist of the
application form and filing fee prescribed by the Commission and all
documents and statements that are required to accompany the form.
Each application form and accompanying documents and statements shall
be delivered, in duplicate, to the Zoning Enforcement Officer. The
date of receipt by him/her of a complete application shall be deemed
to be the date of submission of such application.
A.
Each application form shall contain or be accompanied
by, in writing:
B.
Whenever the Zoning Enforcement Officer shall deem
it reasonably necessary or appropriate to a proper disposition of
any application, he/she may require the applicant to submit any one
or more of the items of information described in § 150-151D(1)
(7) or other information, in such form as he/she may prescribe, including
a report issued by an attorney admitted to practice law in Connecticut
describing the state of the title to the land to which such application
relates.
A.
The Zoning Enforcement Officer shall grant the application
and issue a certificate of compliance if he/she finds that the existing
or proposed use or characteristic, and the land upon which it is,
or is to be, situated, complies with:
B.
He/she shall deny the application if he/she:
(1)
Is unable, for lack of information, to determine whether
or not the existing or proposed use or characteristic, and the land
upon which it is, or is to be, situated, complies with all such pertinent
requirements;
(2)
Finds that the existing or proposed use or characteristic,
or the land upon which it is, or is to be, situated, does not comply
with all such pertinent requirements;
(3)
Finds that the land upon which a proposed building
is to be situated is within a subdivision, as that term is defined
in § 8-18 of the Connecticut General Statutes, as the same
may hereafter from time to time be amended, which has not previously
been duly approved by the Commission; or
(4)
Finds that the proposed use or improvement is or involves
a regulated activity, as that term is defined in the Killingworth
Inland Wetlands and Watercourses Regulations, for which permission
has not been granted by the Killingworth Inland Wetlands and Watercourses
Commission as required in said regulations.
[Amended 6-3-2008; 11-1-2016]
The Zoning Enforcement Officer shall grant or deny an application
for a certificate of compliance. In the event of denial, the Zoning
Enforcement Officer shall issue, within five days after his/her decision,
written notice of denial to the applicant either personally or by
certified mail.
[Amended 11-1-2016]
The issuance of a certificate of compliance hereunder shall
not operate to validate or authorize any use or improvement which
is not in conformity with these regulations.
A certificate of compliance shall expire one
year following its issuance if a proposed use therein certified shall
not have been commenced within said period.
The Commission shall require payment of a fee
of such amount as it may determine for the processing of applications
and inspection of the proposed site and improvements.
