A. Applicability.
(1) In accordance with C.G.S. § 8-7, the Zoning Board of Appeals (ZBA) shall have the power and duty to hear and decide appeals where it is alleged by any person aggrieved that there is an error in any order, requirement or decision made by the ZEO.
B. Appeal requirements.
(1) An appeal may be taken to the ZBA by any person aggrieved or by any municipality aggrieved and shall be taken within 30 days by filing a notice of appeal and specifying the grounds thereof.
(2) Such appeal period shall commence at the earliest of the following:
(a) Upon receipt of the order, requirement or decision from which such person may appeal;
(b) Upon the publication of a notice in accordance with C.G.S. § 8-3(f); or
(c) Upon actual or constructive notice of such order, requirement or decision.
(3) The ZEO shall forthwith transmit to the ZBA all documents upon which the action was appealed.
(4) The ZBA may collect a reasonable fee to be paid by the appellant in any appeal brought before said ZBA and may include the cost of any newspaper advertisement necessary in connection with such appeal.
(5) The ZBA may require the filing of a survey prepared by a professional land surveyor if, in its opinion, such survey is relevant to the interpretation of the order, requirement or decision made by the ZEO.
C. Effect of appeal.
(1) An appeal of an order, requirement, or decision, which prohibits further construction or expansion of a use in violation of these regulations, shall not permit such construction or expansion to continue except to such extent that the ZBA may allow.
(2) An appeal from any other order, requirement or decision made by the ZEO shall stop all enforcement and proceedings with regard to such order, requirement or decision unless the Commission or the ZEO certifies to the ZBA after the 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.
D. Proceedings and notification requirements.
(1) The date of receipt of the appeal of order shall be determined in accordance with §
470-909B.
(2) An incomplete appeal of order may be denied in accordance with §
470-909C.
(3) The ZBA shall hold a public hearing on the appeal of order and shall publish a legal notice in accordance with the requirements of §
470-909E of these regulations.
(4) Provided that a complete appeal is submitted to the Land Use Office at least 21 days prior to a ZBA meeting, staff may schedule the public hearing for the next regularly scheduled ZBA meeting date.
(5) The appellant shall give notice to owners of abutting lots in accordance with the requirements of §
470-909G of these regulations.
(6) The appellant shall provide notice by posting a sign shall in accordance with the requirements of §
470-909F.
(7) The ZBA shall process the appeal of order within the period of time permitted under C.G.S. § 8-7d as follows.
(a) The public hearing shall commence within 65 days after receipt of the appeal.
(b) The public hearing shall be completed within 35 days after such hearing commences.
(c) All decisions shall be rendered within 65 days after completion of such hearing.
(d) The applicant may consent to one or more extensions of any period specified herein provided the total extension of all such periods shall not be for longer than 65 days.
(8) The applicant may withdraw an application at any time prior to action by the ZBA. The withdrawal of an application shall not be effective unless made, in writing, prior to action by the ZBA.
E. Decision considerations.
(1) The ZBA may reverse, affirm wholly or partly, or may modify any order, requirement, or decision appealed to the ZBA.
(2) The ZBA shall make such order, requirement, or decision as in its opinion should be made in the premises.
(3) The concurring vote of four members of the ZBA shall be necessary to reverse any order, requirement, or decision of the official charged with the enforcement of these regulations.
F. Action documentation.
(1) Notice of the decision of the ZBA shall be sent by certified mail to such person who appeals to the ZBA within 15 days after such decision has been rendered.
(2) Notice of the decision of the ZBA shall be published in a newspaper having a substantial circulation in Canton within 15 days after such decision has been rendered.
(3) In any case in which such notice is not published within such fifteen-day period, the person appealing may provide for the publication of such notice within 10 days thereafter.
