These regulations or any amendment thereto shall not affect any building
or its designated use under the following series of conditions and circumstances:
A.
Complete plans for such building or structure legally
filed prior to the effective date of these regulations or any amendment thereto
affecting such building or structure or the use thereof.
B.
Actual construction begun within 90 days after the building
permit was issued.
C.
Structural framework completed within six months after
the building permit was issued.
D.
Entire building completed according to the filed plans
within two years after the building permit was issued.
A.
No certificate of occupancy shall be issued by the Building
Official for any building or structure hereafter constructed, erected or altered,
and any lot or land hereafter put into use, or occupied or used in whole or
in part for any use whatsoever, and any change of use of any building, structure,
lot or land, or part thereof, shall hereafter be made until a certificate
of zoning compliance shall have been issued by the Zoning Officer certifying
that such building, structure, lot or land, or part thereof, complies with
all applicable provisions of these regulations and of all other applicable
ordinances.
B.
Certificates of occupancy shall be granted or denied
by the Building Official within 10 days from the date of written application
therefor by the owner or his authorized agent.
C.
The Building Inspector shall require from the Zoning
Commission or Board of Appeals a written order before issuing a certificate
of occupancy in a case involving a special exception use pursuant to Article
VI or a variance from the provisions of this chapter pursuant to Article XII.
D.
A certificate of occupancy shall be applied for by the
owner or his authorized agent in the case of any building or structure, lot
or land proposed to be put into use pursuant to any variance granted by the
Zoning Board of Appeals. Such certificate of occupancy, when issued by the
Building Official, shall include a detailed description of such variance.
E.
A fee of $15 shall be paid to the city prior to the issuance
of a certificate of occupancy.
F.
A record of all certificates of occupancy shall be kept
on file in the office of the City Clerk, and certified extra copies thereof
shall be furnished upon payment of a fee of $1 per permit to the city.
A.
Enforcement.
(1)
Zoning Officer: The Commission shall appoint a Zoning
Officer and may appoint one or more Deputy Zoning Officers. The Commission
also shall have the responsibility and authority to enforce the provisions
of these regulations.
(2)
Enforcement. These regulations shall be enforced by the
Zoning Officer and/or designee of the Commission, who shall be empowered to
cause any building, structure, place or premises to be inspected and examined
and to order, in writing, the remedying of any conditions to be found to exist
therein or threat in violation of any provision of these regulations or any
permit or approval issued hereunder. The Zoning Officer and/or designee of
the Commission shall have such powers and authority as enumerated in Chapter
124 of the Connecticut General Statutes, as amended. The owner or agent of
a building, structure or property where such violation shall have been committed
or shall exist, or the lessee or tenant of an entire building or an entire
lot where such violation shall have been committed or shall exist, or the
agent, architect, builder, contractor or any other person who shall commit,
take part or assist in such violation or who shall maintain any building or
premises in which such violations exist shall be guilty of a misdemeanor punishable
as provided in Chapter 124 of the Connecticut General Statutes, as amended.
B.
Zoning permits; application.
(1)
Prior to the construction, reconstruction, change of
use, enlargement, extension, moving or structural alteration of any building
and prior to any occupancy or use or change in use of any land, building or
other structure or part thereof, an application for a zoning permit shall
be submitted to the zoning officer. If the Zoning Officer determines that
the proposed building or other structure or use is in compliance with these
regulations, he/she shall issue a zoning permit. However, no such permit shall
be issued for the construction, reconstruction, change of use, enlargement,
extension, moving or structural alteration to any building requiring approval
of the Commission, Zoning Board of Appeals and/or the Conservation Inland
Wetlands Commission until such approvals have been granted by said commissions
and boards.
(2)
Application for a zoning permit or a sign permit shall
be applied for and submitted to the Zoning Officer prior to submittal of a
building permit application.
(3)
Application for a zoning permit shall be accompanied
by the following as applicable to the particular proposal:
(b)
A site plan as required in Article V.
(c)
Building and floor plans as specified in Article XVIII.
(d)
A copy of the recorded variance, special exception certificate
and/or wetlands permit.
(e)
Verification of local health authority approval.
(f)
Such additional information that the Zoning Officer deems
necessary to determine compliance with the provisions of these regulations.
C.
Plot plan.
(1)
A plot plan shall be submitted with an application for
a zoning permit for any proposed building, structures and/or improvements.
The plot plan shall be submitted in duplicate, shall be drawn to a scale not
to exceed one inch equals 20 feet, shall be based on the City of Derby Assessor's
maps and shall show all of the following information both existing and proposed,
where applicable:
(a)
The name of applicant and property owner.
(b)
The area of the lot and the dimensions of all lot lines
and proposed and existing grades.
(c)
Street address and Assessor's map and lot numbers.
(d)
North arrow and graphic scale.
(e)
The height, dimension, use, floor area, ground coverage
and location of all buildings and other structures.
(f)
The locations, area and dimension of off-street parking
and loading spaces, driveways, easements, and rights-of-way.
(g)
Dimensions of all setback lines observed by buildings
and structures.
(h)
The location of any on-site sewage disposal system, water
supply well and building lateral.
(i)
Signs and other facilities and improvements that are
subject to the provisions of these regulations.
(j)
Any wetlands, watercourses and special flood hazard areas.
(k)
When located in a floodplain area, include existing and
proposed site grades, contours and elevations, base flood elevation data,
top of foundation elevation, finished floor elevation and any proposed watercourse
relocation.
(l)
Soil erosion and sedimentation control plan.
(m)
Such additional information as may be necessary to determine
compliance with the provisions of these regulations.
(2)
A certified A-2 plot plan containing all information
required in Subsection C(1)(a) through (k) above shall be submitted with an
application for a zoning permit for any new dwelling, for any new detached
structures 850 square feet in area or larger, and for any addition to an existing
detached structure which will result in an area of 850 square feet or larger
if the proposed location of the structure is within five feet of required
front, side and/or rear yard setbacks.
(3)
The Zoning Officer may waive the A-2 plot plan requirements
to allow a partial A-2 survey for critical property lines only in cases where
an A-2 survey of the entire property is deemed not practical and/or is not
needed to determine conformity with these regulations.
(4)
In cases where an A-2 survey exists, the applicant may
use such A-2 survey as a basis for an application without the assistance of
a licensed land surveyor, engineer or architect.
(5)
Foundation verification. The applicant shall submit a
certified A-2 as-built plot plan to the Zoning Officer within 14 days after
completion of foundation footings, columns, piers or walls for verification
of setback lines for any new dwelling, for any new detached structures 850
square feet in area or larger and for any addition to an existing detached
structure which will result in an area of 850 square feet or larger, if the
proposed location of the structure is within five feet of required front,
side and/or rear yard setbacks.
D.
Certificate of zoning compliance. Prior to the issuance
of any certificate of occupancy by the Building Official, an application for
a certificate of zoning compliance shall be submitted to the Zoning Officer.
If the Zoning Officer determines the building or other structure, use and/or
site work is in compliance with an approved site plan, special exception or
special permit and with these regulations, he shall issue a certificate of
zoning compliance. Failure to comply with all conditions of an approved plan
or with these regulations will cause a delay in the issuance of a certificate
of zoning compliance.
A.
Any person, firm or corporation violating any of the
provisions of these regulations shall, for each violation upon conviction
thereof, pay a penalty of up to $100 per violation for each day that such
violation shall continue, but, if the offense be willful, the person, firm
or corporation thereof shall be fined not less than $100 nor more than $250
for each day that such violation shall continue or be imprisoned not more
than 10 days for each day such violation shall continue, or both. Each day
that a violation is continued shall be considered a separate violation.
B.
Any person who, having been served with an order to remove
any such violation, shall fail to comply with said order within 10 days after
such service or shall continue to violate any provision of this regulation
in the respect named in such order may also be subject to civil penalty of
up to $2,500.
The Commission may, from time to time, amend, change, modify or repeal
these regulations, including the Zoning Map, which is part hereof,[1] on its own initiative or when initiated by a written petition.
Any amendment may be adopted only after due notice and a public hearing as
prescribed by Section 8-3 of the Connecticut General Statutes, as amended.
Any petition for amendment shall be submitted, in writing, on a form prescribed
by the Commission, along with the proper fee in accordance with a fee schedule
adopted by the Commission, as amended, and shall be accompanied by the following:
A.
Text. For petitions concerning the text of these regulations,
10 copies of the precise wording of the existing and proposed text shall be
submitted.
B.
Map. For petitions concerning the Zoning Map:
(1)
Ten copies of a map, drawn to the same scale as the Town
Tax Assessor's map, covering the area of the proposed change and all area
within 500 feet of the proposed change, and showing for such area the existing
and proposed zoning district boundary lines, the existing property lines and
the names of the current property owners as indicated in the City of Derby
Assessor's records.
(2)
A metes and bounds description of the property to be
changed.
(3)
"Notice of Public Hearing" sign. The petitioner requesting
amendment of the Zoning Map shall post a sign on the property in the area
proposed to be changed, which sign shall be visible and legible to passersby
on the principal street at the change area. Such sign, to be provided to the
petitioner by the city, shall state the date, time and place of the public
hearing, shall indicate what change of zone is being requested and shall be
in evidence for the continuous period of 10 days preceding the date of the
public hearing.
(4)
In addition to Subsection B(3), the petitioner requesting
amendment of the Zoning Map shall provide proof of certified mail, return
receipt requested, letter notification to all property owners within 100 feet
in all directions of the property included in the proposed change 10 days
prior to any public hearing. The letter shall state the time, place, date
and purpose of the hearing. Prior to the date of the Commission's public hearing
regarding the application, the applicant shall submit:
[1]
Editor's Note: The Zoning Map is on file in the city offices.
A.
Purpose. The purpose of this notification procedure is
to alert those property owners abutting the subject property of an application
pending before the Commission in order that the abutting owners may have the
opportunity to review the application and make their views known to the Commission.
B.
Applicant responsible for notification. Notwithstanding
the other applicable sections, applicants shall be responsible for notifying
owners of property abutting the subject property for any application(s) for
special exceptions or site plan approval. An amendment of the Zoning Map shall
be covered by § 195-40 and all of its subsections.
C.
Site plan and/or special exception procedure. The submission
of an application for special exception or site plan or a combination thereof
to the Commission shall be accompanied by the following:
(1)
A list of names and addresses of owners of property abutting
[including directly across a street(s) from] the subject property. The latest
records of the City of Derby Assessor shall be utilized to determine the owner
of each property.
(2)
A sketch showing the subject property and the surrounding
properties within 100 feet of the subject property.
(3)
If the application shall be scheduled for a public hearing,
the applicant shall notify each property owner within 100 feet of the subject
property of the time, place, date and purpose of the hearing by sending a
copy of the legal notice to each abutting property owner not less than 10
days prior to the scheduled hearing. Notice shall be sent certified mail,
return receipt requested. Proof of the above meeting shall be provided to
the Commission as per Subsection C(5) below.
(4)
If the application shall not be subject to a public hearing,
the applicant shall notify each abutting property owner of the pending application
by sending them a letter informing them of the application and the time and
place of the Commission's meeting and describing the proposed activity.
A.
Validity and separability. Should any section or provision
of these regulations be declared by the courts to be unconstitutional or invalid,
such decision shall not affect the validity of these regulations as a whole,
or any part thereof, other than the part so declared to be unconstitutional
or invalid.
B.
Savings clause. The enactment of these regulations repealing
the prior regulations shall not operate as an abatement of any action or proceeding
then pending under or by virtue of said prior regulations.
C.
Repealer. All ordinances or parts of ordinances or regulations
inconsistent with the provisions of these regulations are hereby repealed.
D.
Effective date. These regulations shall take effect on
January 26, 2000.
E.
A copy of these Zoning Regulations, including the Official
Zoning Map of the City of Derby showing zones as herein described are now
on file at the office of the City Clerk, City Hall, Derby, Connecticut.
