24.1

Establishment. There shall be a Zoning Board of Appeals (ZBA) consisting of five regular members and three alternate members established pursuant to Connecticut General Statutes § 8-5.

24.2

Powers and Duties. The Zoning Board of Appeals shall have the following powers and duties:

a)

To hear and decide upon appeals from any order, requirement or decision made by the Zoning Enforcement Officer, Assistant Zoning Enforcement Officer or Planning and Zoning Commission acting as the Zoning Enforcement Officer.

b)

To determine and vary the application of the zoning regulations in harmony with their general purpose 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 effecting such parcel, but not affecting generally the district in which it is situated, a literal enforcement of the zoning regulations would result in exceptional difficulty or unusual hardship so that substantial justice will be done and the public safety and welfare secured.

c)

To grant approval of location of a license for dealing in or repairing motor vehicles pursuant to Connecticut General Statutes § 14-54 and for the sale of gasoline and associated products pursuant to Connecticut General Statutes §§ 14-321 and 14-322.

24.3

Standards.

a)

Applications for approval of location pursuant to CGS Sections 22.1 d and Section 22.1 e above require a Site Plan prepared by a Connecticut registered land surveyor showing at least property lines, existing and proposed structures, driveways, parking and any other information that the Zoning Board of Appeals may reasonably require to properly evaluate the application.

b)

Any application that proposes the establishment of a new lot of record requires a property survey certified to Class A-2 standards prepared by a Connecticut licensed land surveyor of each lot to be established, and a separate application for each lot. If approved, the survey of each lot shall be filed on the land records.

c)

The ZBA may require a property survey certified to Class A-2 standards prepared by a Connecticut licensed land surveyor for an application for a yard or setback variance if the exact location of a property line is critical.

d)

Uses specifically prohibited by Section 8.1.c may not be allowed by variance in any zoning district. Uses allowed in one zoning district may be permitted by variance in another zoning district upon referral of the application to the Planning and Zoning Commission and a finding by the Commission that the use change is not tantamount to a change in the zoning regulations or map, and is not contradictory to the comprehensive zoning plan.

24.4

Procedures.

a)

Applications shall be submitted on a form provided by the Zoning Board of Appeals together with any required plans or documents at least twenty-one (21) days before the meeting at which the application is to be considered.

b)

All applications to the Board require a public hearing. Notice and conduct of all hearings are to be as prescribed by Statute.

c)

The Town shall provide to the Applicant with a Notice of Hearing sign to be posted on any property that is the subject of a public hearing before the Board. Such signs shall meet the following requirements:

1.

Minimum size of 2' × 3'.

2.

Such sign shall be posted no more than five (5) feet from the street line and shall be clearly visible and readable from the street for the entire time of the required posting.

3.

Such sign shall be posted a minimum of ten (10) days prior to the date of the hearing.

4.

Such sign shall contain the following information:

a.

The statement "Notice of Hearing — Seymour Zoning Board of Appeals",

b.

Date of the hearing,

c.

Time of the hearing,

d.

Place of the hearing and

e.

The statement "For more information please contact at # or visit the Seymour Town Hall".

5.

Surrounding property owners within seventy-five (75) feet from the property boundaries shall be notified by "Certification of Mailing" by the Applicant of the impending Public Hearing before the Seymour Zoning Board of Appeals. Notice shall include a brief description of the proposed variance, location of proposed variance, date, location and time of public hearing, and an invitation to attend such hearing.

d)

Submission of stamped receipt(s) of the "Certification of Mailing" with the letter shall be filed with the Seymour Land Use and Code Compliance Office as proof of notification within ten (10) days of the scheduled public hearing.

e)

Whenever a Zoning Board of Appeals grants or denies any variance in the zoning regulations applicable to any property or sustains or reverses wholly or partly any order, requirement or decision appealed from, the ZBA shall provide to the applicant and any aggrieved party in writing its reason(s) for its decision.

f)

An appeal of a decision, order or requirement as specified in Section 22.1 a shall be made within thirty (30) days of its receipt by filing an application to the Zoning Board of Appeals on the form provided. A copy of the decision, order or requirement appealed from shall be submitted with the application. The Board may reverse or affirm, totally or partly, or may modify any such decision, order, or requirement.

g)

The affirmative vote of at least four (4) members shall be required to approve any application or appeal to come before the Zoning Board of Appeals except that an approval of location approval will require only a majority vote.

h)

All approved variances shall be filed on the land records by the applicant on a form provided by the Board before they become effective with a copy returned to the ZEO soon after.