The Zoning Board of Appeals is an agency, separate from the Planning and Zoning Commission, engaged in, and necessary to the proper administration of the zoning regulations. The Zoning Board of Appeals is an administrative agency which exercises quasi-judicial functions to provide relief in cases where literal application of the Zoning Regulations acts peculiarly on a particular piece of property to produce an undue hardship on that property under special circumstances and to provide a local review for questions arising from zoning enforcement. The exercise of the Board's power to vary the zoning regulations is guided by statute and by general rule of law as well as local zoning conditions.

On the basis of the foregoing, the Zoning Board of Appeals in Westport, established pursuant to the Connecticut General Statutes and the Westport Town Charter, shall have all the powers and duties prescribed by law and these regulations.

All applications and appeals to the Zoning Board of Appeals shall be filed in a form prescribed by and in accordance with procedures established by the Zoning Board of Appeals and shall be accompanied by a fee pursuant to an adopted Fee Schedule.

Variances are granted in accordance with specific plans approved by the Zoning Board of Appeals. The demolition of a structure cannot exceed the demolition shown on the plan approved by the Zoning Board of Appeals.

The following information shall be submitted and the following action taken to assure notice to all interested parties:(754, 02/03/2019)

The Zoning Board of Appeals shall hold a public hearing on all applications and appeals within sixty-five (65) days after the date of receipt and proper notice in accordance with the provisions of the General Statutes.

The Zoning Board of Appeals shall decide each case in accordance with the General Statutes.

Notice of decision of the Zoning Board of Appeals shall be published in accordance with the General Statutes.

Variances shall become effective upon the filing of a copy thereof in the office of the Town Clerk and the recording of a copy thereof in the land records of the Town.

 

The Zoning Board of Appeals shall hear and decide appeals where it is alleged that there is any error in any order, requirement, or decision regarding the enforcement of these regulations made by the official charged with zoning enforcement. Such appeals shall be made within thirty (30) days of the decision appealed from. Nothing in this paragraph shall be interpreted to permit any person, otherwise entitled to appeal to the Superior Court an order, requirement or decision of the Planning and Zoning Commission to appeal such order, requirement or decision to the Zoning Board of Appeals.

The Zoning Board of Appeals shall determine and may vary the application of the zoning 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 zoning regulations would result in exceptional difficulty or unusual hardship, so that substantial justice will be done and public safety and welfare secured; provided, however, that in no case may a variance be granted which permits a commercial use in a district in which such use is not otherwise allowed by these regulations, including the extension of a non-conforming commercial use.

One (1) copy of the Assessor's Map(s) at a scale not to exceed one (1) inch equals two hundred (200) feet.  The map shall show the subject property and all adjoining property including those properties directly across a street, waterbody, or watercourse and within one hundred (100) feet of the subject property.  

(754, 02/03/2019) 

A list of names and addresses of all property owners within five-hundred (500) feet of the subject property when located in a Res AA or AAA zone; OR within two-hundred fifty (250) feet of the subject property when located in a Res A or any other residential or non-residential zone not already referenced in this section herein.

(754, 02/03/2019) 

Certificates of Mailing for each such property owner as shown on the tax assessment records as of the date of application submission.  Each property owner, and the Planning and Zoning Office, shall receive a notice indicating that an application has been submitted to the Zoning Board of Appeals.

(754, 02/03/2019) 

Variances may be issued by the Zoning Board of Appeals for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with §46-5.4.2.

Variances may be issued for new construction and substantial improvement and other development necessary for the conduct of a functionally dependent use provided the structure or other development is protected by methods that minimize flood damage, create no additional threat to public safety and meet the requirements of §46-5.4.2.

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

Whenever an application for a variance is submitted to the Zoning Board of Appeals for a use, a structure or activity which lies either wholly or partially within the Coastal Area, the Zoning Board of Appeals shall review a Coastal Site Plan to assure compliance with §31-10 of these regulations and with the CAM Act. The Statutory requirement for a Coastal Site Plan Review shall not be varied by the Zoning Board of Appeals.

Whenever an applicant requests a variance from §31-11, Flood Plain Regulations, the following provisions shall apply:

1. Variances shall not be granted within any designated regulatory floodway for any development which will cause an increase in flood levels during the base flood discharge. The burden of proof lies with the applicant subject to review by the Town Engineer. If the Town Engineer determines that Flood and Erosion Control Board review is required the project must also be acceptable to the F&ECB.
2. The applicant for a variance shall be notified in written statement signed by the Clerk of the Zoning Board of Appeals that: (1) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance, and (2) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions as required in paragraph (c) of this section.
3. The Zoning Board of Appeals shall (1) maintain a record of all such variance actions, including the findings adopted upon their issuance, (2) include such variances issued in its annual report, and (3) submit said annual report to the Administrator.

Whenever an applicant requests a variance from §31-10, Setbacks from Waterbodies, Watercourses and Wetlands, such variances shall not be granted unless the Board makes a specific finding that such project will have its lowest finished floor elevation at or above the 100-year based flood level, will not adversely affect the flood carrying capacity of the watercourse, and/or will not adversely impact any designated wetland area, as applicable.

In a Zoning Board of Appeals case where a nonspecific setback variance has been granted for a nonconforming lot, any new building, structure or construction must conform to the nonconforming setbacks as defined in §6-3.1 of these regulations.

In passing upon such applications, the Zoning Board of Appeals shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this ordinance, and:

1. The danger that materials may be swept onto other lands to the injury of others;
2. The danger to life and property due to flooding or erosion damage;
3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
4. The importance of the services provided by the proposed facility to the community;
5. The necessity of the facility to waterfront location, in the case of a functionally dependent facility;
6. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
7. The compatibility of the proposed use with existing and anticipated development;
8. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
9. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
10. The safety of access to the property in times of flood for ordinary and emergency vehicles;
11. The safety of access to the property in times of flood for ordinary and emergency vehicles;
12. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site and;
13. The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges.