[Adopted 4-9-1981 (Ch. 44, Art. I of the 1976 Code)]
Building permits may be issued for the erection
of structures on lots or parcels abutting on streets or highways that
have been either accepted by the Town of Monroe in accordance with
Connecticut General Statutes § 13a-48 or approved and bonded
in accordance with the applicable Subdivision Regulations of the Town
of Monroe in accordance with the terms of Connecticut General Statutes
§ 13a-71.
No building permit shall be issued for, and
no building or structure shall be erected on, a lot abutting on a
street or highway which has not been either accepted by the Town of
Monroe in accordance with Connecticut General Statutes § 13a-48
or approved and bonded in accordance with the applicable Subdivision
Regulations and in accordance with Connecticut General Statutes § 13a-71.
No building permit shall be issued for the construction of any structure
on any right-of-way, street or highway after the effective date of
this article except in conformance with the Subdivision Regulations
of the Town of Monroe.
[Amended 4-28-1986]
A.
The Zoning Enforcement Officer shall issue a certificate
of zoning compliance with respect to any lot or parcel of land:
(1)
Which appears on an approved subdivision map filed
in accordance with Connecticut General Statutes § 13a-71,
as amended, in the land records of the Town of Monroe prior to March
23, 1956, and which otherwise complies with applicable building, zoning
and subdivision regulations.
(2)
Created by deed recorded prior to April 9, 1981, and
appearing on a map filed prior to April 9, 1981, in accordance with
Connecticut General Statutes § 13a-71, as amended, in the
land records of the Town of Monroe and which abuts on a fifty-foot
right-of-way to a Town road or state highway, provided that:
(a)
Said parcel has the right to use said right-of-way.
(b)
Said right-of-way was in existence prior to
April 9, 1981.
(c)
No more than three inhabited structures exist
or have been authorized by valid building permits at the time of application
hereunder.
(d)
Said right-of-way serves as the principal means
of access to said Town road or state highway at the time of application
hereunder.
(e)
The lot or parcel otherwise complies with applicable
Building, Zoning and Subdivision Regulations.
B.
The Zoning Board of Appeals, with the concurring vote
of four members, may authorize the issuance of a certificate of zoning
compliance and a building permit for a lot or parcel of land which
abuts on a right-of-way to a Town road or state highway, provided
that, upon presentation of evidence by the applicant at a hearing
held in accordance with and subject to the requirements of § 8-7
of the Connecticut General Statutes, as amended, it finds that:
(1)
The lot or parcel was created by deed recorded in
the land records of the Town of Monroe prior to April 9, 1981.
(3)
Such authorization will be in harmony with the general
purposes and intentions of the Zoning and Subdivision Regulations
of the Town of Monroe.
(4)
Such authorization will have no detrimental effect
on the public health, safety, convenience, welfare and property values
within the district or in the Town as a whole.
(5)
The applicant as owner of the lot or parcel of land
has the legal right to use the abutting right-of-way.
(6)
The lot or parcel of land can reasonably be provided
with emergency and public services, including but not limited to fire,
police, ambulance, sanitation and other health and safety services,
over and through the right-of-way.
(7)
Provision has been made for the maintenance and clearing
of the right-of-way.
(8)
The lot or parcel of land otherwise complies with
applicable Building, Zoning and Subdivision Regulations.
C.
Nothing in this section shall prevent the issuance
of a certificate of zoning compliance and/or building permit for the
construction of farm or accessory buildings or for the alteration
or remodeling of existing residences or accessory buildings which
are not in violation of any Building, Zoning or Subdivision Regulations
of the Town of Monroe.
Any person erecting a structure in violation
of this article shall be fined not more than $200 for each day said
structure exists, and any structure erected in violation of this article
shall be unlawful and deemed a public nuisance subject to condemnation
and abatement.
