Part two of our discussion of zoning procedures involves the Zoning Board of Appeals. The ZBA has five members who are elected to five-year terms in a staggered fashion to promote overlap. No more than four can be from one party. There are three alternates chosen to three-year terms by the selectmen and no more than two can be from one party.
Like the Planning and Zoning commission, the ZBA’s role is defined by the general statutes of Connecticut. It can hear requests from residents for zoning variances. That means if a resident wants to do something on their property which does not conform with the zoning regulations; for instance, erect or place a structure within the setback area. In such a case the resident must present acceptable (more than convenience) reasons for why this is needed. In the words of the statute, “where, owing to conditions especially affecting such parcel … , a literal enforcement of such bylaws, ordinances or regulations would result in exceptional difficulty or unusual hardship” to the resident.
The second job of the ZBA is to review enforcement decisions by the zoning enforcement officer. Remember, the town hires a zoning enforcement officer who makes certain that the conditions attached to a particular permit are followed and that all structures comply with the regulations. It was the ZEO’s interpretation of the regulations that was questioned in the case of the slaughterhouse.
Such decisions can only be reviewed by the ZBA if requested by people with “appropriate standing.” Appropriate standing means, in most cases, a neighbor whose property is 100 feet away or less. The ZBA cannot simply choose to review any matter it would like to, and it cannot review the decisions of the Planning and Zoning Commission, which are final and can only be appealed to Superior Court. The distinction between hearing appeals to zoning commission decisions (not allowed) and hearing appeals to zoning enforcement (allowed) is very clearly laid out in the statutes. For anyone who has questions about this, please feel free to call me at Town Hall, and I would be happy to discuss these statutes further.
