9.7 Zoning Board of Appeals

9.7.A Powers & Duties

• The Zoning Board of Appeals (ZBA) shall have all the powers and duties prescribed by Chapter 124, Section 8 and by Chapter 250, Section 14 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.
• Adopt Rules - The ZBA shall have the authority to adopt such rules and procedures as may be deemed necessary to carry into effect the provisions of these Regulations.
• 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 and Building Official. 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.
• Extend Zone - Where a zone boundary line divides a lot in a single ownership at the time of the passage of these Regulations, the ZBA shall have the authority to permit a use authorized on either portion of such lot to extend to the entire lot, but not more than 25 feet beyond the boundary line of the zone in which such use is authorized.
• 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.
• 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 the Connecticut General Statutes. Such authority shall not supersede the Commission's authority to hear and decide upon requests for Special Permits for such uses.

9.7.B Appeals

• All appeals to the ZBA from an order, requirement, decision or determination of the Zoning and Building Official shall be taken within such time as is prescribed by a rule adopted by the ZBA.
• Such appeals shall be made in writing on a form prescribed by the ZBA, in conformance with Appendix C, and shall be accompanied by a filing fee to cover the cost of processing the appeal.
• Each appeal shall fully set forth the circumstances of the case, shall refer to the specific provision of the Regulations involved and shall exactly set forth the interpretation that is claimed and the grounds on which it is claimed that the same should be granted.
• No appeal 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.

9.7.C Variances

• All applications for variances shall be submitted in writing in a form prescribed by the ZBA and in conformance with Appendix C. The ZBA may deny an application for incomplete information having been submitted.
• Each variance application shall fully set forth the circumstances of the case, shall refer to the specific provision of the Regulations involved and shall exactly set forth the details of the variance that is applied for and the grounds on which it is claimed that the same should be granted.
• The Board may require the filing of a survey prepared by a land surveyor licensed to practice in Connecticut when the variance is dimensional in nature or such survey is integral to the understanding of the application.
• The date of receipt for the Variance application shall be determined in accordance with Section 9.9.B.
• The ZBA shall hold a public hearing on all appeals and applications for variances, shall decide thereon, and shall give notice of the date of the public hearing on the application and on its decision in accordance with the provisions of the Connecticut General Statutes.
• 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.
• All variance applications shall be referred to the Planning and Zoning Commission at least fourteen (14) days prior to the date assigned for a public hearing on that request and:
  • The Planning and Zoning Commission, or its staff, may submit an advisory opinion on such referrals prior to the public hearing.
  • Any finding of the Planning and Zoning Commission, or its staff, shall be read into the record of the public hearing.
  • The failure of the Planning and Zoning Commission, or its staff, to submit a report to the Zoning Board of Appeals shall not prevent the Zoning Board of Appeals from reaching a decision on any matter before it.
• The applicant may, at any time prior to action by the Commission, withdraw such application.
• The concurring vote of four members of the Board shall be necessary to vary the application of the Zoning Regulations.
•  No variance shall be granted by the ZBA unless it finds:
  • That 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;
  • That, 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;
  • That the granting of the variance shall be in harmony with the general purposes and intent of these Regulations and the City'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;
  • That the granting of the variance is not based upon the nonconformity of neighboring lots, uses, buildings or structures, nor upon a financial or economic hardship.
• Whenever the ZBA grants a variance, it shall include in its minutes as part of the record the reason for its decision, the specific provision of these Regulations which was varied, the extent of the variance and the specific hardship upon which its decision was based.
• 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 and any variance granted with the prescribed conditions or safeguards shall be subject to revocation by the ZBA if the said conditions or limitations are not adhered to strictly provided that, before the ZBA may revoke its action in granting such variance(s), it shall hold a public hearing thereon, of which the applicant and property owner in each case shall be given notice and afforded an opportunity to be heard.
• Any variance granted by the ZBA shall become effective upon its filing by the applicant in the Town land records.
• Any variance granted by the ZBA which is not recorded within one year from its effective date shall be null and void.
• 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 twelve 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.
• No 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.

9.7.D Use Variances

• Use variances may be granted by the Zoning Board of Appeals only in the Industrial zone.
  • No use variance shall be granted by the ZBA which would permit:
  • A use prohibited either implicitly or explicitly by these Regulations;
  • The expansion of a non‑conforming use;
  • The number of dwelling units on a lot to exceed the maximum allowed in the district in which the lot is located; or;
  • A use otherwise allowed by Special Permit in the district in which the use is located.
• No use variance shall be granted where a dimensional variance would relieve the exceptional difficulty or unusual hardship.
• 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.