Meriden City Zoning Code
ARTICLE XII
Zoning Board of Appeals
§ 213-74 Powers.
The Zoning Board of Appeals, hereinafter called the "Board," shall have the following powers as set forth in Chapter 124, § 8-6, of the Connecticut General Statutes, as amended:
A.
To hear and decide appeals where it is alleged that there is an error in any order, requirement or decision made by the official charged with the enforcement of this chapter or any bylaw, ordinance or regulation adopted under the provisions of this chapter.
B.
To hear and decide all matters, including special exceptions, upon which it is required to pass by the specific terms of this chapter or state statute.
C.
To determine and vary the application of the zoning bylaws, ordinances or 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 bylaws, ordinances or regulations would result in exceptional difficulty or unusual hardship, so that substantial justice will be done and the public safety and welfare secured.
§ 213-75 Adoption of rules and procedures; public hearings.
A.
The Board shall adopt such rules, regulations and procedures as may be deemed necessary to carry into effect the provisions of this chapter.
B.
Public hearings conducted by the Zoning Board of Appeals.
(1)
Notice of public hearings on variances or special exceptions.
(a)
The Board shall hold a public hearing on all applications for special exceptions or variances. The Board shall conduct the proceedings in conformance with Chapter 124, §§ 8-7 and 8-7a of the Connecticut General Statutes, 1958 revision, as amended. Notice of the time, place and purpose of such hearings shall be published in a newspaper having substantial circulation within the City at least twice at intervals of not less than two days, the first not more than 15 days nor less than 10 days and the last not less than two days before the hearing, and notice shall be mailed to each abutting property owner at least 10 days prior to the hearing by the Zoning Board of Appeals' administration office. The applicant shall provide the names and complete mailing addresses of the most recent abutting property owners as listed on the current City of Meriden Assessor's records within 15 days prior to the hearing to the Zoning Board of Appeals' administration office. Abutting property owners shall include owners located directly across the street line as well as contiguous property owners.
(b)
Where an applicant's property is within 500 feet of a municipal boundary, the Clerk of said adjoining municipality shall be notified of the hearing in writing at least 10 days prior to the hearing.
(c)
The petitioner shall erect or cause to have erected a sign on the premises affected by the proposed variance or special exception at least 10 days prior to the public hearing on such variance or special exception. Said sign shall be a minimum of four feet by five feet with black lettering no smaller than three inches by 1/2 inch on a white background. Said sign shall be weather-resistant, securely fastened or staked, be clearly visible from the street closest to the affected property and be maintained as such until the day following the public hearing. The sign shall contain the following information:
Public Notice | |
|---|---|
A petition for a variance (or special exception) has been filed with the Zoning Board of Appeals. A public hearing will be held on said petition on (date of hearing) in City Hall. |
(2)
A report from the Zoning Enforcement Officer attesting to whether the above-described sign was erected and maintained as required shall be made part of the record at the public hearing. Failure of a petitioner to comply with this requirement may be grounds for automatic denial of the variance or special exception, with consideration being given to cases where weather conditions or acts of vandalism have destroyed a properly posted sign.
§ 213-76 Rendering of decisions.
A.
In granting any variance or special exception, the Board may prescribe any conditions applying thereto that it may deem necessary or desirable.
B.
Decisions of the Board shall be made in accordance with the purpose and spirit of this chapter. In addition to this general rule, no special exception will be granted unless the following requirements are satisfied:
(1)
The new use will not create a traffic or fire hazard.
(2)
The new use will not block or hamper the town pattern of highway circulation.
(3)
The new use will not tend to depreciate the value of property in the neighborhood or be otherwise detrimental or aggravating to the neighborhood or its residents or alter the neighborhood's essential characteristics.
C.
No variance shall be granted on any allegation of hardship resulting from an act of the applicant subsequent to the adoption of this chapter, whether in violation of the provisions hereof or not. Before granting a variance on the basis of unusual difficulty or unreasonable hardship, there must be a finding by the Board of Appeals that all of the following conditions exist:
(1)
That if the owner complied with the provisions of this chapter, he would not be able to make any reasonable use of his property.
(2)
That the difficulties or hardship are peculiar to the property in question, in contrast with those of other properties in the same district.
(3)
That the hardship was not the result of the applicant's own action.
(4)
That the hardship is not merely financial or pecuniary.
D.
Time of decision. The Board of Appeals shall render its decision on such an appeal within 65 days after the hearing.
E.
Any special exception for which a building permit has not been secured within one year from the date of approval of the special exception shall be null and void.