It shall be the duty of the Building Inspector and the Zoning
Enforcement Officer to administer and enforce the provisions of this
chapter.
The Building Inspector and the Zoning Enforcement Officer shall
have the authority to:
A.
Order the correction of any violation of this chapter;
B.
Order discontinuance of illegal uses of land, buildings or structures;
C.
Order removal of illegal buildings or structures or illegal
additions or structural alterations;
D.
Order discontinuance of any illegal work being done;
E.
Take other action authorized by this chapter to ensure compliance
with or to prevent violation(s) of this chapter. This may include
the issuance of and action on building permits, zoning and occupancy
certificates and similar administrative duties as are permitted;
F.
Collect required fees and fines for violations;
G.
Keep records showing the compliance of uses of land;
H.
Inspect suspected violations; and
I.
Perform other duties and exercise other powers as are authorized
by this chapter.
A.
No building, structure or land shall be erected, enlarged, relocated,
structurally altered or used in whole or in part, until a zoning certificate
is issued stating that the proposed use conforms to the requirements
of this chapter, unless the Building Inspector or Zoning Enforcement
Officer receives a written order in the form of an administrative
appeal, a variance, special use permit or administrative variance
as provided by this chapter.
B.
Any change of use or tenant in a commercial or industrial building
structure or land shall require the issuance of a zoning certificate.
A.
An application for a zoning certificate shall be accompanied
by:
(1)
A site plan, accurately drawn, showing the actual shape and
dimensions of the lot to be built upon;
(2)
The exact location and size of all existing buildings and structures
and all buildings or structures to be erected, constructed, reconstructed,
altered or enlarged;
(3)
The location of all zoning district boundary lines as they may
affect the lot or premises;
(4)
The location and size of off-street parking and loading facilities
where required; and
(5)
Such other information as may be necessary to provide for the
enforcement of this chapter. The zoning certificate shall be issued
on the basis of the application and accompanying plans and shall authorize
only the use, arrangement and construction set forth in approved plans
and applications. Any use, arrangement or construction at variance
with that authorized under this chapter shall be deemed in violation
of this chapter. No site plan shall be required with an application
for a zoning certificate involving only alterations of an existing
building where the use and exterior surfaces of such buildings are
not changed or enlarged in any manner and the use is not affected
by any other section of this chapter. A record of all applications,
plans and certificates shall be kept on file in the office of the
Building Inspector and shall be available for public inspection during
regular office hours. One copy of the plans shall be returned to the
applicant by the Building Inspector after each copy is marked as either
as approved or disapproved and attested to by the signature of the
Building Inspector on such copy. The original, similarly marked, shall
be retained by the Building Inspector as a Town record.
B.
The Building Inspector, or the Zoning Enforcement Officer, or
an assistant shall have the right of entry to such building or structure
for the proper performance of his/her duties.
C.
The Building Inspector or Zoning Enforcement Officer shall not
issue a building permit until a zoning certificate has been issued.
The Building Inspector shall publish weekly a list of all zoning
certificates issued in a newspaper of general circulation in the Town.
Such list shall show the zoning certificates issued during the proceeding
week, and shall specify the applicant, assessor's plat and lot, street
name and proposed use.
The issuance of a zoning certificate shall in no way relieve
the applicant of the responsibility of obtaining such permits or approvals
as may be required under the provisions of other codes, regulations
and ordinances, whether federal, state or Town, relating to the use,
erection, alteration or modification of a building or structure or
to the use or subdivision of land. However, all other permits or approvals
shall conform to this chapter.
A zoning certificate shall be valid for the duration of the
use which was the subject of the original application and issuance,
and shall expire upon the termination of that use.
Nothing in this chapter shall prevent the completion of any
development for which a valid building permit has been issued except
that such development shall be initiated within three months after
the adoption of this chapter and shall be completed within two years
after such adoption. Where such a valid building permit exists, no
zoning certificate shall be required.
A.
Applications for development that are substantially complete
and have been submitted for approval to the Building Inspector or
the Board prior to the effective date of this chapter shall be reviewed
according to the Zoning Ordinance in force at the time the application
was submitted.
B.
For purposes of this section, an application shall be considered
substantially complete when signatures of approval have been obtained
from the Town Engineer, the Zoning Enforcement Officer, the Fire District,
and the Building Inspector.
C.
If an application for development under the provisions of this
section is approved, development shall be initiated within six months
of the date of approval, and shall be substantially completed within
two years of the date of approval.
A.
The Building Inspector or Zoning Enforcement Officer may allow
an administrative variance from the literal dimensional requirements
of this chapter in the instance of the construction, alteration, or
structural modification variance of a structure or lot of record.
The modification shall not exceed 25% of any of the dimensional requirements
specified in this chapter. In no instance shall an administrative
variance permit the moving of lot lines. Within 10 days of receipt
of a request for an administrative variance, the Building Inspector
or Zoning Enforcement Officer shall make a decision as to the suitability
of the requested administrative variance based on the following determinations:
(1)
The administrative variance requested is reasonably necessary
for the full enjoyment of the permitted use;
(2)
If the administrative variance is granted, neighboring property
will neither be substantially injured nor its appropriate use substantially
impaired;
(3)
The administrative variance requested is in harmony with the
purposes and intent of the Comprehensive Plan and this chapter; and
(4)
The administrative variance requested does not require a variance
of a flood hazard requirement.
B.
The Building Inspector or Zoning Enforcement Officer shall consider,
but not necessarily be bound by, an advisory opinion of the planning
department on an administrative variance in question, provided that
such opinion is delivered in writing within 10 days of receipt of
the request for administrative variance.
C.
Upon an affirmative determination, the Building Inspector or
Zoning Enforcement Officer shall notify, by registered or certified
mail, all property owners abutting the property which is the subject
of the administrative variance request, and shall indicate the street
address of the subject property in the notice, and shall publish in
a newspaper of general circulation within the Town that the administrative
variance will be granted unless written objection is received within
30 days of the public notice. Costs of any notice required under this
subsection shall be borne by the applicant requesting the administrative
variance. If written objection is received within 30 days, the request
for an administrative variance shall be denied. In that case the changes
requested will be considered a request for a variance and may only
be issued by the Board following the standard procedures for variances.
If no written objections are received within 30 days, the Building
Inspector or Zoning Enforcement Officer shall grant the administrative
variance.
D.
The Building Inspector or Zoning Enforcement Officer may apply
such special conditions to the permit as may, in the opinion of the
Building Inspector or Zoning Enforcement Officer, be required to conform
to the intent and purposes of this chapter.
E.
The Building Inspector or Zoning Enforcement Officer shall keep
public records of all requests for administrative variances, and of
findings, determinations, special conditions, and any objections received.
F.
A request for an administrative variance shall require an administrative
fee paid to the Town of $145.
A.
The erection, construction, enlargement, intensification, conversion,
moving or maintenance of any building or structure and the use of
any land or building or structure which is continued, operated or
maintained, contrary to any of the provisions of this chapter, is
a violation of this chapter and unlawful.
B.
Any person, whether as principal, agent, employee or otherwise,
who violates any of the provisions of this chapter, shall be fined
an amount reasonably related to the seriousness of the offense, and
in any case not more than $500 for each offense. Fines collected shall
go into the general fund of the Town.
C.
Each day of the existence of any such violation shall be deemed
a separate offense.
D.
Upon finding that any of the provisions of this chapter are
being violated, the Building Inspector or Zoning Enforcement Officer
shall notify in writing the person responsible for such violation(s),
indicating the nature of the violations, and ordering the action necessary
to correct it. Such notice shall contain a date for compliance with
said order. The Building Inspector or Zoning Enforcement Officer shall
establish the compliance date based upon the amount of time reasonably
required to so comply, subject to the following:
(1)
The maximum time allowed shall be 30 days.
(2)
The minimum time to be allowed shall be five days unless the
Building Inspector or Zoning Enforcement Officer finds as a fact that
the violation constitutes an immediate hazard to the public health,
safety, morals and welfare, in which case the minimum time to be allowed
shall be 24 hours. If compliance has not been made within the stipulated
time period, the Building Inspector or Zoning Enforcement Officer
shall notify the Town Solicitor or other such legal counsel of the
Town of the violation of this chapter. Immediately upon notification
of any violation, the Town Solicitor shall institute appropriate action
to prevent, enjoin, abate or remove such violation. The remedy provided
for herein shall be cumulative and not exclusive and shall be in addition
to any other remedies provided by law.
E.
The Town may bring suit in the supreme court, the superior court,
or any municipal court, including a municipal housing court having
jurisdiction, in the name of the Town, to restrain the violation of,
or to compel compliance with, the provisions of this chapter. The
Town may consolidate an action for injunctive relief and/or fines
under this chapter in the Kent County Superior Court.
Any person aggrieved by a decision of the Building Inspector
or Zoning Enforcement Officer concerning this chapter may file an
appeal in accordance with the provisions of § 255-410B of
this chapter.
The Director of the Department of Planning and Development shall
be responsible for the maintenance and update of the text and zoning
map comprising this chapter. Changes which impact the Zoning Map shall
be depicted on the map within 90 days of the authorized change.
[Amended 5-14-2018 by Ord. No. 03-18-321]
A.
The Town of Coventry shall assess fees for all reasonable costs
and expenses associated with processing applications.
B.
The following fee schedule shall apply for applications filed
with the appropriate reviewing authority:
|
Table 3-1
| |||
|---|---|---|---|
|
Type of Project
|
Fee
| ||
|
A.
|
Variances and special use permits applied for:
(Note: All costs for stenographic services shall be paid by
the applicant.)
| ||
|
1.
|
Residential additions or alterations under 250 square feet
|
$145
| |
|
2.
|
Residential additions or alternations over 250 square feet or
application for residential structure (other than types listed below)
|
$200
| |
|
3.
|
Application for duplex or in-law
|
$350
| |
|
4.
|
Application for multifamily units and condominium projects
|
$400, plus $20 per unit over 3
| |
|
5.
|
Commercial and industrial building up to 5,000 square feet (including
additions or alterations)
|
$500
| |
|
6.
|
Commercial and industrial buildings over 5,000 square feet
|
$750
| |
|
7.
|
Administrative variance
|
$145
| |
|
8.
|
Each appeal pursuant to § 255-410B
|
$200
| |
|
9.
|
Zoning amendment
|
$250
| |
|
B.
|
Application for telecommunications tower facility
|
$1,500
| |
|
C.
|
Additional fees may be required to pay for the following studies
as deemed appropriate by the Town Council to ascertain potential impact
to the environment and adjacent land uses. These studies shall be
performed by outside consultants on behalf of the Town.
| ||
|
1.
|
Traffic
|
$1,500
| |
|
2.
|
Hydrogeologic
|
$1,500
| |
|
3.
|
Hazardous materials
|
$2,500
| |
|
4.
|
Power plant siting
|
$2,500
| |
|
5.
|
Air quality
|
$1,500
| |
|
D.
|
Development plan review
| ||
|
1.
|
Up to 15,000 square feet under development
|
$150
| |
|
2.
|
15,000 square feet to one acre under development
|
$350
| |
|
3.
|
Each additional acre or portion thereof under development
|
$100
| |
|
E.
|
Appeal from Planning Commission decision
|
$200
| |
|
F.
|
Zoning certificate
|
$25
| |
C.
The Zoning Officer shall recover additional costs and expenses
by the Town that are incurred due to the actions of the applicant,
including (but not limited to) mailing, noticing, police and/or fire
details, computer networking, and securing and setting up for locations
other than the Town Hall Town Council Chambers.
