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.
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.
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]
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.
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]
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.
