[Amended 5-10-2021]
The Zoning Board of Appeals (ZBA) shall have all the powers
and duties prescribed by § 8-6 of the Connecticut General
Statutes and by these regulations, which powers and duties are summarized
and more particularly specified below. None of the following provisions
shall be deemed to limit any of the authority of the ZBA that is conferred
by general law.
A. Appeals. The ZBA shall have the authority to hear and decide upon
any appeal where it is alleged that there is an error in the order,
requirements, decision or determination of the Zoning Enforcement
Officer. No question of hardship shall be involved in such an appeal,
and the action of the ZBA thereon shall be limited to the question
of whether or not, and to what extent, such order, requirement, decision
or determination was a correct interpretation of the subject provision
of these regulations.
B. Variances. The ZBA shall have the authority to vary or adjust the
strict application of these regulations in only those cases where
the unusual size, shape or topography of a lot or other unusual physical
conditions pertaining to it or to any building situated thereon make
it impossible to strictly apply a specific provision of these regulations
to such lot without resulting in exceptional difficulty or unusual
hardship, so that substantial justice shall be done and the public
health, safety and welfare secured.
C. Location of motor vehicle uses. The ZBA shall have the authority
to hear and decide upon all requests for certificates of approval
for motor vehicle sales, services and repair uses in accordance with
§ 14-54 of the Connecticut General Statutes. In this function
the ZBA is acting as the local authority of the Department of Motor
Vehicles (DMV) and not in a zoning capacity; the DMV recognizes no
conditions on such certificates of approval. Such authority shall
not supersede the Commission's authority to hear and decide upon requests
for, or to impose conditions on, special permits for such uses.
D. Use variances.
(1) No use variance shall be granted by the ZBA that would permit:
(a)
A use prohibited either implicitly or explicitly by these regulations.
(b)
The expansion of a nonconforming use.
(c)
A use otherwise allowed by special permit in the district in
which the use is located.
(2) Prior to a public hearing on any application for a use variance,
the ZBA shall transmit the application to the Commission for its review
and comment. Any report submitted by the Commission to the ZBA shall
be read into the record of the public hearing of the subject application.