Town of Goshen, CT - Article VII - Administration and Enforcement

ARTICLE VII - ADMINISTRATION AND ENFORCEMENT

SECTION 700: Building and Zoning Permits:

701: ZONING PERMIT:

No structure shall be constructed or used or land developed until a Zoning Permit for the construction, development, or use has been issued by the Zoning Enforcement Officer. The application for the Zoning Permit shall contain all the information necessary for a decision that the proposed construction, development or use complies with the provisions of these and other applicable Regulations, and with the terms of all approvals given the proposed activity, or that the structure, development or use is a valid non-conforming structure, development or use under these Regulations.

With the exception of applications concerning interior remodeling, all applications for a Zoning Permit shall be accompanied by the required number of copies of a plot plan drawn to scale and in accordance with all other applicable Sections of these Regulations, and such other information necessary to enable the Zoning Enforcement Officer to decide whether the proposed construction, development or use complies with this Section. Stakes or markers shall be fixed on the lot to indicate the relation of lot lines to any proposed structures.

Nothing herein shall require any change in the construction, development or use of a structure for which a building permit has been issued before the effective date of these Regulations, and construction has been diligently pursued beyond the pouring of concrete, or for those portions of plans which were filed with the Commission before that date.

701.1: EXPIRATION AND EXTENSION OF ZOING PERMIT:

A Zoning Permit shall expire twelve (12) months after the date of issuance unless construction is started within twelve (12) months of the date of issuance and diligently prosecuted to completion of, unless the permittee submits a written statement to the Zoning Officer requesting an extension of the expiration date and explaining the reason for such request. The Zoning Enforcement Officer shall approve one extension not to exceed a total of twelve (12) months. No additional fee shall be required for a request to extend the expiration date of a Zoning Permit.

702: BUILDING PERMITS:

No Building Permit shall be issued for the use or construction of a structure, or the development of land, until the Zoning Enforcement Officer has issued a Zoning Permit.

703: CERTIFICATE OF OCCUPANCY:

A Certificate of Occupancy must be issued by the Building Official before any land is occupied or used or any structure constructed or occupied or used for any purpose, except that a portable accessory structure may be moved within the boundaries of the lot within which it is situated without applying for a Certificate of Occupancy.

No Certificate of Occupancy shall be issued for any building until the Zoning Enforcement Officer has issued a Certificate of Zoning Compliance for any construction on or use of the building.

A decision to approve or disapprove the application shall be made within ten (10) days after notification by the permittee that the land or building is ready for occupancy.

The Building Official may issue a Certificate of Occupancy for individual complete units within a multiple unit complex (such as shopping and commercial structures).

704: EXPIRATION OF BUILDIN PERMIT:

If the work described in any building permit has not begun within one hundred eighty (180) days from the date of issuance thereof, and permission for extension of the permit has not been granted, said permit shall expire; it shall be canceled by the Building Official; and written notice thereof shall be given to the person(s) affected. If the work described in any building permit has not substantially progressed within two (2) years of the date of issuance thereof, said permit shall expire and be canceled by the Building Official and written notice thereof shall be give to the person(s) affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained.

SECTION 710: ENFORCEMENT:

These Regulations shall be administered and enforced by the Commission. The Commission shall appoint a Zoning Enforcement Officer to be it’s duly authorized agent. The Zoning Enforcement Officer is hereby authorized to inspect and examine any building structure, place, or premises and to order in writing the remedying of any condition found to exist there in violation of any provision of these Regulations.

The owner or agent of a building or premises where a violation of any provisions of these Regulations shall have been committed or shall exist, or the lessee or tenant of any part of the building or premises in which 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 any such violation or who shall maintain any building or premises in which any such violation shall exist shall be subject to the remedies and sanctions provided by Connecticut General Statutes, in addition to any other remedies provided by law.

SECTION 720: ZONING BOARD OF APPEALS:

721: POWERS AND DUTIES:

The Board of Appeals shall have the following powers and duties which shall only be exercised in harmony with the purpose and intent of these Regulations and in accordance with the public interest and the neighborhood;

To hear and decide appeals where it is alleged that there is an error in any order, requirement, or decision made by the Zoning Enforcement Officer; and

To vary the application of the Zoning Regulations in harmony with their general purpose and intent and with due consideration for conserving the public health, safety, welfare, and property values.

All appeals and applications made to the Board of Appeals shall be submitted to the Clerk of the Board on forms prescribed by the Board and with supporting plans, materials, and other information required by the Board. Applications shall be accompanied by the appropriate fee as established by the Board.

The Board of Appeals shall hold a public hearing on all applications and appeals. All proceedings shall be in accordance with the applicable provisions of the Connecticut General Statutes.

Any action required by the appellant as a result of decisions or orders made by the Board must be taken within the time affixed by said Board.

Any action required by the appellant as a result of variances granted by the Board must be taken within one year from the effective date or the variance shall become null and void.

The Board of Appeals shall not be required to hear any application for the same variance or substantially the same variance for a period of six months after a decision by the Board or by a court on an earlier such application.

722.1 At least 10 days prior to the public hearing, the applicant shall send a notice of the public hearing to persons who own land that is adjacent to the land that is subject to the hearing. The proof of mailing shall be evidenced by a certificate of mailing and the person who owns the land shall be the owner indicated on the property tax map or on the last completed grand list as of the date such notice is mailed. The notice shall indicate the reason for the hearing, hearing date, time and location of hearing, Evidence of mailing shall be presented to the Zoning Board of Appeals at or before the public hearing.

No variance in the strict application of any provision of these Regulations shall be granted by the Board of Appeals unless it finds all of the following:

a. That there are special circumstances or conditions applying to the land or structure that do not apply generally to land or structures in the neighborhood, or in the zone at large, and have not resulted from any act subsequent to the adoption of these Regulations whether in violation of the provisions hereof or not,

b. That the aforesaid circumstances or conditions are such that the literal enforcement or strict application of the provisions of the Regulations would result in exceptional difficulty, unusual hardship, or deprive the applicant of the reasonable use of such land,

c. That the variance granted is the minimum variance that will alleviate the circumstances and conditions applying to land or structure for which the variance is sought, and

d. That the granting of the variance will be in harmony with the purposes and intent of these Regulations; will accomplish substantial justice; and will not be injurious to the neighborhood or otherwise detrimental to the public health, safety, and welfare.

These findings shall be fully described in the record of the Board.

724: The Zoning Board of Appeals shall not grant a variance that would allow a use which is not permitted in the zone in which the variance is sought.

SECTION 730: AMENDMENTS:

731: Amendment of these Regulations, including the Zoning Map, may be petitioned for by any person(s), or may be initiated by the Commission. Amendments may be made by the Commission after notice and hearing in accordance with Section 8-3 of the General Statutes.

Before the Commission approves any amendment to these Regulations, the Commission shall determine that the proposed amendment will not hinder the attainment of the purposes of these Regulations, and that the public health, safety, welfare and property values will not be adversely affected.

732: Applications for zone change shall be accompanied by six sets of a plan accurately drawn to a scale of 1”-100’ on a sheet 24” X 36”. Such plan shall include a location map and shall show the existing and proposed zoning designations, and the location of buildings, streets, driveways and other facilities on the subject land and adjoining properties within 500 feet.

Before the Commission approves a zone change request, the Commission shall determine that the proposed zone change will be in conformance with the Goshen Plan of Development and Open Space Plan and the purposes of these Regulations, and that the uses permitted in the proposed zone will not adversely affect the public health, safety, welfare and property values.

733: At least 10 days prior to the public hearing for a petitioned change of these Regulations or a zone change, a copy of such proposed change shall be filed in the office of the Town Clerk for public inspection. At least 10 days prior to the public hearing, the applicant shall send a notice of the public hearing to persons who own land that is adjacent to the land that is subject to the hearing. The proof of mailing shall be evidenced by a certificate of mailing and the person who owns the land shall be the owner indicated on the property tax map or on the last completed grand list as of the date such notice is mailed. The notice shall indicate the reason for the hearing, hearing date, time and location of hearing, Evidence of mailing shall be presented to the Planning and Zoning Commission at or before the public hearing.

734: If a protest is filed at such hearing with the Commission against such change, signed by the owners of 20% or more of the area of lots included in such a proposed change, or of the lots within 500 feet in all directions of the property included in the proposed change, such change shall not be adopted except by a vote of two-thirds (2/3) of all the members of the Commission.

735: The Commission is not required to hear any petition or petitions relating to the same changes or substantially the same changes more than once in a period of twelve months.