A. Applicability.
(1) The ZBA shall have the power and duty to vary the application of the Zoning Regulations, in accordance with C.G.S. § 8-6, solely with respect to a parcel of land where, owing to conditions affecting such parcel but not affecting generally the district in which it is situated, a literal enforcement of these regulations would result in exceptional difficulty or unusual hardship.
B. Application requirements.
(1) A variance application shall be submitted in accordance with §
470-909A.
(2) A variance application shall be accompanied by the number and type of materials prescribed in the Appendix of these regulations for a variance application.
(3) The ZBA shall require the filing of a survey prepared by a professional land surveyor when the variance is dimensional in nature or such survey is integral to the understanding of the application.
(4) The ZBA shall not be required to hear any application for the same variance or substantially the same variance for a period of six months after a decision by the ZBA or by a court on an earlier application.
(5) The application of a regulation affirming a statute shall not be subject to variance.
C. Nature of variance.
(1) Any variance granted by the ZBA shall run with the land and shall not be personal in nature to the person who applies for and receives the variance.
(2) A variance shall not be extinguished solely because of the transfer of title to the lot or the invalidity of any condition attached to the variance that would affect the transfer of the lot from the person who initially applied for and received the variance.
D. Proceedings and notification requirements. See
§ 470-906D for details.
E. Decision considerations.
(1) Whenever a variance application is joined with an appeal of an enforcement order, the ZBA shall first decide the issues presented by the appeal.
(2) The ZBA shall find that a literal enforcement of these regulations would result in exceptional difficulty or unusual hardship solely with respect to the parcel of land that is the subject of the application owing to conditions especially affecting such parcel but not affecting generally the district in which it is situated.
(3) If the ZBA grants a variance it shall be:
(a) The minimum necessary to alleviate the exceptional difficulty or unusual hardship;
(b) In harmony with the general purpose and intent of the regulations;
(c) With due consideration for conserving the public health, safety, convenience, welfare and property values; and
(d) So that substantial justice shall be done and the public safety and welfare secured.
(4) The concurring vote of four members of the ZBA shall be necessary to vary the application of these regulations.
F. Additional considerations for use variances.
(1) No use variance shall be granted:
(a) Where a dimensional variance would relieve the exceptional difficulty or unusual hardship;
(b) For a business use or an industrial use in any residential district;
(c) For an industrial use in any business district;
(d) For a use prohibited by these regulations; or
(e) For a use specifically allowed by special permit by approval of the Zoning Commission.
G. Action documentation.
(1) Whenever it grants a variance application, the ZBA shall state upon its records:
(a) Any conditions or modifications to which the variance is subject to, including any statements by the applicant upon which the ZBA relied in reaching its decision;
(b) The regulation which is varied in its application; and
(c) A specific description of the scope of the variance granted, including that such variance is limited to the buildings, structures, uses, or other contents of a site plan or other illustrations submitted in support of the application.
(2) Notice of the decision of the ZBA shall be sent by certified mail to the applicant within 15 days after such decision has been rendered.
(3) Such notice of decision shall:
(a) State the name of the owner of record;
(b) Contain a description of the premises to which it relates;
(c) State the nature of the hardship claimed; and
(d) Specify the nature of the requested variance including the regulation that is varied in its application if granted.
(4) 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.
(5) In any case in which such notice is not published within such fifteen-day period, the applicant may provide for the publication of such notice within 10 days thereafter.
(6) A variance granted by the ZBA shall only become effective upon the filing of a copy, certified by the ZBA, in the Canton Land Records, in accordance with the provisions of C.G.S. § 8-3d.
(7) A variance shall only authorize the particular activity specified in the ZBA approval.
