The town council shall be the zoning authority
of the town.
No council member shall participate in the hearing
or decision of the council upon any zoning matter in which he or she
is directly or indirectly interested in a personal or financial sense.
In the event of such disqualification, such fact shall be entered
on the records of the council and the remaining members shall choose
an elector of the town to act as a member of the council in the hearing
and determination of the particular matter or matters in which the
disqualification arose. All applicants before the council when it
is sitting as the zoning commission shall attest at the time the application
is filed to the names and addresses of all parties having either a
direct or indirect interest in a personal or financial sense in the
application. Corporate applicants shall disclose the names and addresses
of officers and stockholders, except that this requirement shall not
apply to publicly held corporations.
The council, as zoning authority, may regulate
the height, number of stories and size of buildings and other structures;
the percentage of the area of the lot that may be occupied; the size
of yards, courts and other open spaces; the density of population
and the location and use of buildings, structures and land for trade,
industry, residence or other purpose; and the height, size and location
of advertising signs; and billboards within the limits of the town.
The council may divide the town into districts of such number, shape
and area as may be best suited to carry out the purposes of this chapter;
and within such districts, it may regulate the erection, construction,
reconstruction, alteration or use of buildings or structures and the
use of land. All such regulations shall be uniform for each class
or kind of buildings or structures throughout each district, but the
regulations in one district may differ from those in another district.
Such regulations shall be made in accordance with a comprehensive
plan and shall be designed to lessen congestion in the streets; to
secure safety from fire, panic, flood or other dangers; to promote
health and the general welfare; to provide adequate light and air;
to prevent the overcrowding of land; to avoid undue concentration
of population and to facilitate the adequate provision for transportation,
water, sewerage, schools, parks and other public requirements. Such
regulations shall be made with reasonable consideration as to the
character of the district and its peculiar suitability for particular
use, and with a view to conserving the value of buildings and encouraging
the most appropriate use of land throughout the town.
The council shall provide for the manner in
which such regulations and the boundaries of zoning districts shall
be respectively enforced. No such regulation or boundary shall become
effective or be established except as provided in Section 5 of this
chapter.
The town council may amend any zoning ordinance
in the following manner:
(a)
Without limitation of Section 6, Chapter III, of this
charter, any property owner or elector of the town may have presented
at a regularly scheduled council meeting a proposed amendment to the
zoning ordinances by submitting the proposed amendment in writing
to the council clerk not less than seven days prior to such regularly
scheduled meeting. The requested amendment, as submitted, shall be
introduced for first reading by any council member designated by the
council chairperson at the first regularly scheduled council meeting
held seven or more days after submission of the proposed ordinance
to the clerk.
(b)
Upon first reading before the town council, the proposed
amendment shall be immediately referred to the town plan and zoning
commission for investigation and recommendation, and in the same action
the council shall set an hour and date, not less than thirty nor more
than sixty days thereafter, and a place for a public hearing on the
proposed amendment. Public notice of such hearing shall be given in
accordance with Section 6 of Chapter III of this charter. The council
shall not be required to hear any petition or petitions relating to
the same area or solely to portions of the same area and asking the
same changes more than once in a period of twelve months.
(c)
The town plan and zoning commission shall, upon receipt
of the proposed amendment so referred by the council, make such investigations
and studies as it deems necessary to determine the advisability of
such proposed amendment, and shall report its findings and recommendations
in writing to the council not more than sixty days subsequent to the
first reading of the amendment before the council.
(d)
The council shall take no final action on any proposed
zoning amendment until it has received from the town plan and zoning
commission a written report and recommendation, favorable or otherwise,
concerning such amendment, except that failure of said commission
to report its findings and recommendations concerning the proposed
amendment to the council within sixty days after referral and first
reading shall be considered as a favorable recommendation on the amendment
by said commission, and in such event the council may take final action
without said commission's report and recommendation.
(e)
If said commission shall initiate a zoning ordinance
or amendment thereto, such ordinance or amendment shall be introduced
for first reading by any council member designated by the council
chairperson. At such meeting the council shall set the hour and date,
not less than fifteen days thereafter, and the place for a public
hearing to consider the amendment.
(f)
The council may amend the zoning ordinance by a vote
of not less than a majority of its members, except that, if action
is other than as recommended by the town plan and zoning commission,
or, if a protest is filed at such hearing with the council against
such change, signed by the owners of twenty percent or more of the
area of the lots included in such proposed change or of the lots within
five hundred feet in all directions of the property included in the
proposed change, by a vote of not less than a two-thirds majority
vote of its members. A council member shall be in active attendance
at any zoning amendment hearing to be eligible to vote on such amendment.
(g)
In addition to stipulations of this section, all provisions
of Sections 5, 6 and 9 of Chapter III relative to ordinance advertisement,
publication and effective date shall be complied with in amending
the zoning ordinances. By the unanimous consent of the council members
present, any first reading of a zoning ordinance may be waived.
If any building or structure has been erected,
constructed, altered, converted or maintained, or any building, structure
or land has been used, in violation of any provision of this chapter
or of any bylaw, ordinance, rule or regulation made under authority
conferred hereby, any official having jurisdiction, in addition to
other remedies, may institute an action or proceeding to prevent such
unlawful erection, construction, alteration, conversion, maintenance
or use or to restrain, correct or abate such violation or to prevent
the occupancy of such building, structure or land or to prevent any
illegal act, conduct, business or use in or about such premises. Such
regulations shall be enforced by the office of the official board
or authority designated by the town council, who shall be authorized
to cause any building, structures, place or premises to be inspected
and examined and to order in writing the remedying of any condition
found to exist therein or thereon in violation of any provision of
the regulations made under authority of the provisions of this chapter.
The owner or agent of any building or premises where a violation of
any provision of such regulations has been committed or exists, or
the owner, agent, lessee or tenant of any part of the building or
premises in which such violation has been committed or exists, or
the agent, architect, builder, contractor or any other person who
commits, takes part or assists in any violation or who maintains any
building or premises in which any such violation exists, shall be
fined such an amount as the town council by ordinance shall establish
for each day that such violation shall continue; but, if the offense
is willful, the person convicted thereof shall be fined such an amount
as the town council by ordinance shall establish for each day that
such violation shall continue, or imprisoned not more than ten days
for each day such violation shall continue or both, and the town court
shall have jurisdiction of all such offenses, subject to appeal as
in other cases. Any person who, having been served with an order to
discontinue any such violation, fails to comply with such order within
ten days after such service or continues to violate any provision
of the regulations made under authority of the provisions of this
chapter specified in such order, shall be subject to a civil penalty
of two hundred and fifty dollars, payable to the collector of revenue
of the town.
Appeals from zoning actions of the town council
may be taken to the superior court for the judicial district of Hartford-New
Britain in the manner provided in Section 12 of this chapter.
All zoning regulations and zoning districts
or boundaries legally adopted by the town prior to the effective date
of this charter shall remain in full force and effect, subject to
change or amendment under the provisions of Section 5 of this chapter.
The town council shall appoint a board of zoning
appeals which shall consist of five members, who shall hold office
for such terms as the town council shall establish by ordinance. Such
board shall elect a chairperson from among its members, unless otherwise
provided by ordinance, and all meetings of said board shall be held
at the call of the chairperson and at such other times as said board
may determine and shall be open to the public. Such chairperson or
in his or her absence the acting chairperson may administer oaths
and compel the attendance of witnesses. 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 also
keep records of its examinations and other official actions. Each
rule or regulation 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 the office of the town clerk and shall
be a public record.
The zoning board of appeals shall have the following
powers and duties:
(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 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 the zoning ordinances or regulations; and
(c)
To determine and vary the application of the zoning
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 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.
The concurring vote of four members of the zoning
board of appeals shall be necessary to reverse any order, requirement
or decision of the official charged with the enforcement of the zoning
regulations or to decide in favor of the appellant any matter upon
which it shall be required to pass under any ordinance, rule or regulation
or to vary the application of the zoning ordinance, rule or regulation.
An appeal may be taken to the zoning board of appeals by any person
aggrieved or by any officer, department, board or bureau of the town
aggrieved and shall be taken within such time as shall be prescribed
by a rule adopted by said board by filing with the council or the
officer from whom the appeal has been taken and with said board a
notice of appeal specifying the grounds thereof. The officer from
whom the appeal has been taken shall forthwith transmit to said board
all papers constituting the record upon which the action appealed
from was taken. An appeal shall stay all proceedings in the action
appealed from unless the council or the officer from whom the appeal
has been taken shall certify to the zoning board of appeals, after
the notice of appeal has been filed, that by reason of facts stated
in the certificate a stay would cause imminent peril to life or property
in which case proceedings shall not be stayed, except by a restraining
order which may be granted by the superior court for the judicial
district of Hartford-New Britain on application, on notice to the
council or the officer from whom the appeal shall have been taken
and on due cause shown. Said board shall fix a reasonable time for
a hearing of any appeal and give due notice thereof to the parties
and to the public and decide the same within a reasonable time. At
such hearing any party may appear in person and may be represented
by agent or by attorney. Said board may reverse or affirm wholly or
partly or may modify any order, requirement or decision appealed from
and shall make such order, requirement or decision as in its opinion
should be made in the premises and shall have all the powers of the
officer from whom the appeal has been taken but only in accordance
with the provisions of this section. Whenever the zoning board of
appeals shall grant any special exception or variance in the zoning
regulations applicable to any property or shall reverse wholly or
partly any order, requirement or decision appealed from, it shall
state upon its records the reason why such variance or exception was
granted or such reversal made. Such exception, variance or reversal
shall become effective at such time as may be fixed by the board,
provided a copy thereof shall be filed in the office of the town clerk
and notice of such filing has been published in a newspaper having
a substantial circulation in the town before such effective date.
Appeals from such decisions of the board may be made by persons aggrieved
in the manner set forth in Section 12 of this chapter within fifteen
days from the effective date thereof.
Any person or persons severally or jointly aggrieved
by any decision of said board, or any officer, department, board or
bureau of the town, charged with the enforcement of any order, requirement
or decision of said board may within fifteen days from the date when
such decision shall have been rendered, take an appeal to the superior
court for the judicial district of Hartford-New Britain which appeal
shall be made returnable to such court in the same manner as that
prescribed for a civil action brought to such court. Notice of such
appeal shall be given by leaving a true and attested copy thereof
with, or at the usual place of abode of, the chairperson or clerk
of said board. The appeal shall state the reasons upon which it shall
have been predicated and shall not stay proceedings upon the decision
appealed from, but the court to which such appeal shall be returnable
may, on application, on notice to the board and on cause shown, grant
a restraining order. The authority issuing the citation in such appeal
shall take from the appellant, unless such appellant be an official
of the municipality, a bond of recognizance to said board, with surety,
to prosecute such appeal to effect and comply with the orders and
decrees of the court. Said board shall be required to return either
the original papers acted upon by it, and constituting the record
of the case appealed from, or certified copies thereof. The court,
upon such appeal, shall review the proceedings of said board and shall
allow any party to such appeal to introduce evidence in addition to
the contents of the record of the case returned by said board, if
said record shall not contain a stenographic report or a complete
mechanical recording of the entire proceedings before said board including
all evidence presented to it, or, if, upon the hearing upon such appeal,
it shall appear to the court that additional testimony is necessary
for the equitable disposition of the appeal. The court may take such
evidence or appoint a referee or committee to take such evidence as
it may direct and report the same to the court, with his or her or
its findings of facts and conclusions of law, which report shall constitute
a part of the proceedings upon which the determination of the court
shall be made. The court, upon such appeal, and after a hearing thereon,
may reverse or affirm, wholly or partly, or may modify or revise the
decision appealed from. Costs shall not be allowed against said board
unless it shall appear to the court that it acted with gross negligence
or in bad faith or with malice in making the decision appealed from.
Appeals from decisions of said board shall be privileged cases to
be heard by the court, unless cause shall be shown to the contrary,
as soon after the return day as shall be practicable.
