[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.
A.
Appeals. All appeals to the ZBA from an order, requirement, decision
or determination of the Zoning Enforcement Officer shall be taken
within such time as is prescribed by a rule adopted by the ZBA or,
if none, as prescribed by law. Such appeals shall be made in writing
on a form prescribed by the ZBA and shall be accompanied by a filing
fee to cover the cost of processing the appeal.
B.
Application. All applications for variances shall be submitted in
writing in a form prescribed by the ZBA. The ZBA may deny an application
for incomplete information having been submitted.
C.
Referrals. To assist with its consideration of an appeal or application,
the ZBA may refer such appeal or application to any department, agency
or official it deems appropriate to review and comment upon those
technical matters which are the concern or responsibility of such
department, agency or official.
D.
Public hearing. The ZBA shall hold a public hearing on all appeals
and applications for variances, shall decide thereon and shall give
notice of its decision in accordance with the provisions of the Connecticut
General Statutes.
E.
No variance shall be granted by the ZBA unless it finds that:
(1)
There are special circumstances or conditions, fully described in
the findings of the ZBA, applying to the lot or structure for which
the variance is sought which are peculiar to such lot or structure
and do not apply generally to lots or structures in the neighborhood
and which have not resulted from any willful act of the applicant
subsequent to the date of adoption of the regulation from which the
variance is sought, whether in violation of the provisions herein
or not;
(2)
For reasons fully set forth in the findings of the ZBA, the aforesaid
circumstances or conditions are such that the particular application
of the provisions of these regulations would deprive the applicant
of the reasonable use of the lot or structure, that the granting of
the variance is necessary for the reasonable use of the lot or structure
and that the variance as granted by the ZBA is the minimum adjustment
necessary to accomplish this purpose;
(3)
The granting of the variance shall be in harmony with the general
purposes and intent of these regulations and the Town's Plan of Conservation
and Development and shall not be injurious to the neighborhood or
otherwise detrimental to the public health, safety and welfare; and
[Amended 5-10-2021]
(4)
The granting of the variance is not based upon the nonconformity
of neighboring lots, uses, buildings or structures or upon a financial
or economic hardship.
F.
Whenever the ZBA grants a variance, it shall include in its minutes
as part of the record the reason for its decision, the specific provisions
of these regulations that were varied, the extent of the variance
and the specific hardship upon which its decision was based.
G.
In exercising any of its authority, the ZBA may attach any conditions
and safeguards as may be required to protect the public health, safety
and general welfare and to ensure ongoing compliance with these regulations.
Violation of such conditions and safeguards shall be deemed to be
a violation of these regulations.
H.
Any variance granted by the ZBA shall become effective upon its filing
by the applicant in the office of the Town Clerk.
[Amended 5-10-2021]
I.
Any variance granted by the ZBA that is not recorded within one year
from its effective date shall be null and void.
J.
If the ZBA denies a variance, it shall not be required to hear an
application for the same variance or substantially the same variance
for a period of six months after the date of denial, unless the circumstances
associated with the application have substantially changed. A change
in ownership of property or any interests therein shall not be deemed
a substantial change.
K.
No appeal or variance shall be granted that would alter, revise or
otherwise change any of the conditions attached to the granting of
a special permit by the Commission, if such conditions are more restrictive
than otherwise provided for in these regulations or if such conditions
do not refer to specified standards in these regulations.
