ARTICLE 11. ADMINISTRATION AND PROCEDURES
11.1. Enforcement
These
Regulations shall be enforced by the Zoning Officer, or other agent of the
Commission as the Commission may, by resolution, designate. The Zoning Officer, or other designated
agent, is hereby authorized to inspect or cause to be inspected any building,
place, or use, and to order in writing the remedying of any condition found to
exist in violation of these Regulations.
The Commission Chairman may issue cease and desist orders in the absence
of the Zoning Officer due to vacancy or other reason.
11.1.1. Violation and Penalty
The owner or agent of a building, structure, or property where a 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 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. Furthermore, the Commission may, at its sole discretion, direct the Borough counsel to commence criminal or civil action in state or federal court for the purpose of enforcing the provisions of these Regulations.
11.2. Zoning Compliance Permit Required
Before
an individual may receive a building permit, he or she must first make
application to the Zoning Officer, or other designated agent, for a Zoning
Compliance Permit. Such application
shall be made on the form provided by the Zoning Officer and shall be
accompanied by a plan, drawn to scale, showing the actual shape and dimensions
of the lot to be built on, the size, area, and location on the lot of the
principal and accessory structures, the lines within which the building or
structure is to be erected, renovated, or altered, the existing and intended
use of each building or part of a building, the number of dwelling units the
building is designed to accommodate, and other such information as may be
necessary to determine and provide for the enforcement of these Regulations.
It
shall be unlawful to commence construction, demolition, renovation, or
alteration of any building or excavation for any building or structure or use,
until the application and plans herein required shall have been approved by the
Zoning Officer, or other designated agent, and a zoning permit indicating such
approval has been issued.
In addition to the requirements stated above, when a site plan approval is required under the provisions of Section 9 of these Regulations, no Zoning Compliance Permit shall be issued for such construction or renovations until such site plan has been approved by the Commission and endorsed by its Chairman, Zoning Officer or agent.
11.3. Final Certificate of Zoning Compliance and
Certificate of Occupancy
It
shall be unlawful for any newly erected structure, or addition for which a
building permit has been issued, to be occupied or used, or for any building or
premises or part thereof to be converted or changed from one type of occupancy
to another until a Certificate of Occupancy has been issued by the Building
Official. No such Certificate of
Occupancy shall be issued unless the building or premises complies with all
provisions of the Regulations. Upon
request of the applicant, the Zoning Officer shall inspect the building or
premises for which a Certificate of Occupancy is requested and shall determine
whether the building or premises complies with these Regulations, or if such
building or premise does not comply, the manner in which compliance is
lacking. If the building or premises is
in conformance, the Zoning Officer shall issue a Final Certificate of Zoning
Compliance, a copy of which shall be received by the Building Official prior to
the issuance of a Certificate of Occupancy.
Whenever
a site plan is required under Section 9 of these Regulations, Section 9.11
shall govern the issuance of a Certificate of Occupancy.
11.4. Fees
Fees have been set in “An Ordinance Establishing Individual Cost Based Fees for Municipal Land Use Applications - Borough of Stonington, CT”. Such fees shall be paid by check or money order payable to the Borough of Stonington, and shall be used to defray the costs of processing the application, including publication costs of required legal notices, professional review, and other costs arising out of a particular application. Such fees shall be non-refundable.
11.5. Public Hearings
A public hearing shall be held where required by these Regulations or by the Connecticut General Statutes. In addition, a public hearing may be held on other matters that the Commission deems of significant public interest to require a public hearing. The notification of dates for, and conduct of all public hearings shall be in accordance with the appropriate provisions of the Connecticut General Statutes.
11.6. Posting of Property
The
applicant for any zoning permit, site plan, Special Permit, zone change for a
particular property or variance, requiring action by the Planning and Zoning
Commission or the Zoning Board of Appeals under these Regulations shall erect,
or cause to have erected, a sign on the premises affected by the proposed
application at least fifteen days prior to the issuance of a zoning permit,
Commission review of the site plan, or the public hearing regarding a Special
Permit, zone change, or variance. Said
sign shall be provided by the Zoning Officer upon request of the applicant. Said sign shall be installed by the
applicant, securely fastened or staked, be clearly visible from the street
closest to the affected property, and shall be maintained as such until fifteen
days following the public notice of Commission action on the application