§ 340-116
Issuance of zoning certificate
- A. Guidance and clarification. In order to provide guidance or clarification, the Zoning Enforcement Officer shall, upon written request, issue a zoning certificate or provide information to the requesting party as to the determination by the official within 15 days of the written request. In the event that no written response is provided within that time, the requesting party shall have the right to appeal to the Zoning Board for the determination.
- B. Zoning certificate.
- (1) A zoning certificate shall be required for any of the following:
- (a) Occupancy and use of a building hereafter erected or enlarged.
- (b) Change in use of an existing building to a use of different classification.
- (c) Occupancy and use of vacant land.
- (d) Change in the use of land to a use of a different classification.
- (e) Any change in use of a nonconforming use.
- (f) Erection or installation of a sign.
- (2) No such occupancy, use or change of use shall take place until a zoning certificate therefor shall have been issued by the Zoning Enforcement Officer.
- (3) Written application for a zoning certificate for a new building shall be made at the same time as the application for the building permit for such building. Said certificate shall be issued within 15 days after a written request for the same has been made to the Zoning Enforcement Officer after the erection of such building has been completed in conformity with the provisions of this chapter.
- (4) Pending the issuance of such certificate, a temporary zoning certificate may be issued by the Zoning Enforcement Officer for a period of not more than six months during the completion of the construction of the building or of alterations which are required under the terms of any law or ordinance. Such temporary certificate shall not be construed in any way to alter the respective rights, duties or obligations of the owner or the Town relating to the use of occupancy of the land or building, or any other matter covered in this chapter, and such temporary certificate shall not be issued, except under such restrictions and provisions as will adequately insure the safety of the occupants.
- (5) Written application for a zoning certificate for the use of vacant land, or for a change in the use of land or of a building, or for a change in a nonconforming use, as herein provided, shall be made to the Zoning Enforcement Officer. Additionally, no permit for erection of any building shall be issued before application has been made for a zoning certificate.
- (6) If the proposed use is in conformity with the provisions of this chapter, the zoning certificate therefor shall be issued within 15 days after the application for the same has been made. Each zoning certificate shall state that in the opinion of the Zoning Enforcement Officer the use, structure, building or lot either complies with or is legally nonconforming to the provisions of this chapter or is an authorized variance therefrom.
- (7) A record of all zoning certificates shall be kept on file in the office of the Zoning Enforcement Officer and Tax Assessor, and a copy shall be forwarded, on request, to any person having a proprietary or tenancy interest in the building or land affected.
- (1) A zoning certificate shall be required for any of the following:
- C. Relation to other codes; regulations and ordinances. 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 applicable laws, codes, regulations and ordinances relating to, among other things, the use, erection, alteration or modification of a building or structure or to the use or subdivision of land.
- D. Expiration of a zoning certificate. 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.