Zoning Board of Appeals
Written by Town of Chaplin Thursday, 09 September 2010 21:48
The Zoning Board of Appeals (ZBA) is the only board that can vary the application of existing zoning regulations; they cannot be varied by the Zoning Enforcement Officer (ZEO) or Planning & Zoning Commission (PZC). The ZBA has five regular members and three alternate members.
The ZBA has the power to hear and decide appeals from decisions of the ZEO and to grant variances from the application of zoning regulations. The variance power is limited to extraordinary situations and must be in harmony with the general purpose and intent of the zoning regulation. It must consider public health, safety, convenience, welfare and property values and be used only with parcels having unusual conditions that cause “exceptional difficulty or unusual hardship”. Zoning variances run with the land and, once granted, they do not expire when a parcel is sold or transferred.
The duties of the Zoning Board of Appeals are set forth in the Connecticut General Statues, Chapter 124, Section 8-6 as follows:
Sec. 8-6. Powers and duties of board of appeals. (a) The zoning board of appeals shall have the following powers and duties: (1) 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 bylaw, ordinance or regulation adopted under the provisions of this chapter; (2) to hear and decide all matters including special exceptions and special exemptions under section 8-2g upon which it is required to pass by the specific terms of the zoning bylaw, ordinance or regulation; and (3) to determine and vary the application of the zoning bylaws, 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 bylaws, 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, provided that the zoning regulations may specify the extent to which uses shall not be permitted by variance in districts in which such uses are not otherwise allowed. No such board shall 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 board or by a court on an earlier such application.
(b) Any variance granted by a zoning board of appeals shall run with the land and shall not be personal in nature to the person who applied for and received the variance. A variance shall not be extinguished solely because of the transfer of title to the property or the invalidity of any condition attached to the variance that would affect the transfer of the property from the person who initially applied for and received the variance.
Zoning Board of Appeals Information
The Commission is scheduled to meet at the Town Library on the 4th Wednesday each month at 7:30pm except as posted at the Town Hall.
Town Hall Hours
Tuesday 1PM to 7PM
Wednesday 9AM to 3PM
Thursday 9AM to 3PM
495 Phoenixville Road
Chaplin, CT 06235
Voice (860) 455-0073
Fax (860) 455-0027