Ashford City Zoning Code
ARTICLE VII
Zoning Board of Appeals
§ 300-39 Powers and duties.
[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.
§ 300-40 General rules.
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.