[Amended 11-1-2016]
In accordance with the Charter of the Town of Killingworth,
the Zoning Board of Appeals shall consist of five regular and three
alternate members.
The Board shall, by vote of its regular members
only, elect a Chairman from among its regular members. The Chairman,
or in his absence the Acting Chairman, may administer oaths and compel
the attendance of witnesses.
All meetings of the Board shall be held at the
call of the Chairman and at such other times as the Board may determine
and, except when lawfully in executive session, shall be open to the
public.
The Board shall keep minutes of its proceedings
showing the vote of each member upon each question or, if absent or
failing to vote, indicating such fact and shall keep records of its
examinations and other official actions.
The Board shall adopt rules, not inconsistent
with the Zoning Enabling Act or these regulations, governing the procedure
for its meetings, hearings and other official actions as it shall
deem necessary or appropriate.
Each rule and each amendment or repeal thereof
and each order, requirement or decision of the Board shall immediately
be filed in the office of the Board and shall be a public record.
A.
The Zoning Board of Appeals shall have the following
powers and duties:
(1)
Appeals. 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
(2)
Application for variance. To determine and vary the
application of these regulations in harmony with their general purpose
and intent and with due consideration for conserving the public health,
safety, convenience, welfare and property values solely with respect
to a parcel of land where, owing to conditions especially affecting
such parcel but not affecting generally the district in which it is
situated, a literal enforcement of such regulations would result in
exceptional difficulty or unusual hardship so that substantial justice
will be done and the public safety and welfare secured.
B.
Use variance prohibited. Pursuant to § 8-6 of the Connecticut
General Statutes, no variance shall be issued by the Zoning Board
of Appeals in any zone so as to permit the establishment, continuation,
or expansion in any fashion of a use, as distinguished from a variance
of gross or net lot area, lot width or depth, setback requirement,
etc., of any lot or structure, which use is not permitted by these
regulations in the zone in which the lot or structure is located.
[Amended 11-1-2016]
A.
Whenever an application for the grant of a variance
is joined with an appeal from any order, requirement or decision of
the Zoning Enforcement Officer, the Board shall first decide the issues
presented by such appeal. Whenever the Board decides to grant a variance
it shall, in stating upon its records the reasons for such decision:
(1)
Special circumstances. Describe specifically in detail
the conditions especially affecting the premises to which the variance
relates but which do not affect generally the district in which such
premises are situated and which are the result of the application
of these regulations to circumstances beyond the control of the applicant;
and
(2)
Particular variations. State the particular respect
or respects in which the premises contravene the provisions of these
regulations which are varied in their application.
B.
Written notice of each hearing upon any appeal from
any order, requirement or decision of the Zoning Enforcement Officer
and upon any application for a variance shall be mailed or delivered
at least 10 days before such hearing to the Zoning Enforcement Officer,
who shall be entitled to appear and be represented by counsel. Written
notice of each decision of the Board shall be mailed or delivered,
not later than the date such notice is published in a newspaper pursuant
to the Zoning Enabling Act, to the Zoning Enforcement Officer. No
variance shall be effective until a copy thereof, certified by the
Zoning Board of Appeals, containing a description of the premises
to which it relates and specifying the nature of such variance, including
the regulation which is varied in its application, and stating the
name of the owner of record, is recorded in the Killingworth Land
Records.
Whenever the Board decides to grant a variance
it shall be authorized to attach to the grant of such variance such
conditions, safeguards and stipulations as it may deem necessary or
appropriate to prevent or diminish any adverse effect of the use or
characteristic of land or improvement authorized thereby upon the
health, safety and welfare of the community, any undue annoyance or
disturbance of the occupants of premises in the general neighborhood
of such use or characteristic and any impairment of the suitability,
usefulness or value of premises in the general neighborhood of such
use or characteristic for the uses permitted in the district thereof
under these regulations and predominantly existing therein.
Except as provided in § 500-198, the authorization of a variance shall terminate:
A.
Expiration. For any variance, the applicant shall commence construction
of any building or structure, or the establishment of any use, within
one year of the effective date of such approval; said construction
or establishment shall be completed by the applicant, and a certificate
of zoning compliance and certificate of occupancy, where required,
shall be issued, within two years of the effective date of such approval.
Any such variance not completed within the time limits contained in
this section shall be null and void;
[Amended 11-1-2016]
B.
Abandonment. If the use or improvement so authorized
is abandoned or is intentionally changed to conformity with these
regulations (without regard to such variance); or
C.
Terms of grant. Upon the happening of any event or
the expiration of any period of time prescribed by the terms of the
grant of such variance.
The authorization of a variance shall not terminate pursuant to § 500-197A if the pertinent use or characteristic ceases by reason of fire or other casualty, provided that:
