Killingworth City Zoning Code
ARTICLE XXXI
Zoning Board of Appeals
§ 500-188 Composition.
[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.
§ 500-189 Chairman.
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.
§ 500-190 Meetings.
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.
§ 500-191 Minutes and records.
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.
§ 500-192 Rules of procedure.
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.
§ 500-193 Filing of rules and other actions.
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.
§ 500-194 Powers and duties.
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]
§ 500-195 Combined appeal and application for variance.
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.
§ 500-196 Conditions, safeguards and stipulations.
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.
§ 500-197 Termination of variance.
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.
§ 500-198 Casualty.
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: