Suffield City Zoning Code
ARTICLE XIII
Zoning Board of Appeals
§ 315-110 General provisions.
There shall be a Zoning Board of Appeals (ZBA) established in accordance with the statutes authorizing such Board. The ZBA shall have those powers and duties as prescribed in CGS and as set forth herein.
§ 315-111 Prohibited actions.
In accordance with CGS § 8-6, the Zoning Board of Appeals is hereby prohibited from approving a variance which has the effect of permitting a use in any zone in which the use is not otherwise permitted. In addition, the Board is also hereby prohibited from hearing appeals from site plan applications.
§ 315-112 Powers and duties.
The Zoning Board of Appeals shall have the following powers and duties, and may adopt such rules as may be necessary to carry out these regulations:
A.
Appeals. To hear and decide appeals where it is alleged that there is an error in any order, requirement, or decision made by the Town official charged with the enforcement of these regulations.
B.
Variances. To determine and vary the strict application of the requirements of these regulations in cases of exceptional physical conditions for which strict application would result in exceptional difficulty or unusual hardship that would deprive owners of the reasonable use of land or buildings involved so that substantial justice will be done and public safety and welfare secured. Variances are to be granted sparingly and only to the minimum extent necessary. No variance shall be granted by the Board of Appeals unless it finds that all of the following conditions are substantially met:
[Amended 1-4-2019]
(1)
Such action would be in harmony with the Plan of Conservation and Development and the stated purpose of these regulations stated in § 315-2.
(2)
The exceptional difficulty or unusual hardship claimed has not been created by the owner or his/her predecessor in title.
(3)
There are conditions that apply to the land or structures for which the variance is sought, which conditions are peculiar to such land or structures and not to the personal or financial circumstances of the appellant, and which conditions are not affecting generally the area in which such land or structure is situated. Minor infractions in the location or height of a structure or the dimension or area of a lot, caused by human error, may be considered sufficient cause for an affirmative finding of this subsection, unless, in the opinion of the Board, such infractions can be repaired without impairing the use of the land or structure.
(4)
The aforesaid conditions are such that the strict application of the requirements of these regulations would deprive the appellant of the reasonable use of the land or structure and that the variance, as granted by the Board, is the minimum variance that will accomplish this purpose.
(5)
The applicant has demonstrated that there are no reasonable alternatives other than to grant the requested variance.
C.
To act on requests concerning the location of motor vehicle dealers and repairers license pursuant CGS § 14-54.
[Amended 1-4-2019]
§ 315-113 Procedures.
A.
The Board shall hold a public hearing on all applications and appeals, and shall publish a notice of said hearing as prescribed by these regulations and the CGS as amended.
B.
In accordance with CGS § 8-6a, whenever an application for a variance is joined with an appeal of any order, requirement, or decision of the Zoning Enforcement Officer, the Board shall decide the issues presented in the appeal before considering the variance application.
C.
The Board shall hold a public hearing, close such hearing, and render its decision on any application within the time limits imposed by CGS § 8-7d. The Board may reverse or affirm wholly or partly any order, requirement or decision appealed from, and make such order, requirement or decision as in its opinion should be made. Such order, requirement or decision, and any grant of any variance, may be subject to such conditions and restrictions as appear necessary to the Board in order to ensure that the granting of the application or petition shall be in harmony with the purposes of these regulations as set forth in CGS § 8-2.
D.
In granting any variance, the Board shall describe specifically the exceptional difficulty or unusual hardship on which its decision is based, and why the granting of the variance is in harmony with the purposes of these regulations.
E.
Any variance that is granted by the Board shall be placed upon the Land Records of the Town of Suffield by recording a copy of the variance with the Town Clerk or as otherwise provided by the CGS as amended.
F.
The concurring vote of four Board members shall be necessary to reverse any order, requirement or decision of the Zoning Officer, or to vary the application of these regulations.
G.
The time limit for filing an appeal of an order, requirement, or decision of the Zoning Enforcement Officer to the Board shall be 15 days from receipt of an order.
§ 315-114 Application form and content.
Applications to the Zoning Board of Appeals shall be made in writing on a form prescribed by the Board through the Zoning Enforcement Officer, and shall include a filing fee and the following information to facilitate a thorough review of said application:
A.
Evidence of approvals from the Conservation Commission, North Central Health District (if not on sanitary sewers), and Historic District Commission (if within District).
B.
An A-2 quality certified property plan when a frost-protected foundation is proposed or when in the opinion of the Board said plan is necessary.
C.
Building elevations and floor plans.
D.
Contours or sufficient detail to show general topography.
E.
A plan to scale showing the total layout of the property including all buildings on adjacent lots within 100 feet of the proposed structure for which the variance is being sought if in the opinion of the Board said plan is necessary.
[Amended 1-4-2019]
F.
Name and address of record owner of land, who must sign the application.
G.
Names and addresses of abutting property owners within 100 feet of the property line, including across the street.
H.
The staking of the proposed corners of any proposed structure requiring a variance.
I.
The specific provisions of the regulations involved and the details of the variance that is applied for, and the grounds on which it is claimed that relief should be granted.
[Amended 1-4-2019]
§ 315-115 Time limit on variance.
Any variance granted by the Zoning Board of Appeals that is not exercised within a period of three years from date of decision shall automatically become null and void and shall be stated as such in the Board's decision.