ARTICLE 13. ZONING BOARD OF APPEALS

13.1. Powers and Duties

The Zoning Board of Appeals has been duly established by Borough Ordinance in accordance with the provisions of Chapter 124 of the General Statutes of the State of Connecticut. The Board shall have the following powers and duties:

13.1.1. To hear and decide appeals where it is alleged that there is an error in any order, requirement, or decision made by the Zoning Officer, or any other official charged with the enforcement of these Regulations.

13.1.2. To determine and vary the application of provisions of these 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 generally affecting the district in which it is situated, a literal enforcement of these Regulations would result in exceptional difficulty or unusual hardship, so that substantial justice will be done and the public safety and welfare secured.

13.1.3. To hear and decide other such matters as may be required under provisions of the Connecticut General Statutes.

13.2. Appeals

Any appeals to a decision of the Zoning Officer, or other official charged with enforcement of these Regulations, or any applications for a variance of these Regulations, shall be made according to the procedures established by the Zoning Board of Appeals and the provisions of Section 8-7 of the Connecticut General Statutes.

13.3. Special Treatment of Use Variances

It is recognized that variances of the use provisions of these Regulations present special problems not occurring in the case of variances of other types, and as such, Section 8-6 of the Connecticut General Statutes provides that these Regulations may specify the extent to which use variances may be granted. Therefore, the following provisions shall control with regard to any application made hereafter for a use variance:

13.3.1. No application for a variance from the use provisions of these Regulations (as distinguished from the area, frontage, yard coverage, height, or other geometric provisions hereof) shall be voted upon until a report with recommendations thereon has been received from the Zoning Commission; or, if no such report has been received, until ten days after a copy of such application has been sent to the Zoning Commission for its recommendations.

13.3.2. The Board shall not grant any use variance unless each of the following findings can be substantiated by the Board, and written basis for such determination by the Board shall be entered into the minutes of the meeting at which such variance request is acted upon:

13.3.2.1. The subject parcel of land cannot be used for any permitted use allowed within the district in which it is located because of reasons particular to the parcel in question and not applicable to the area as a whole.

13.3.2.2. The use proposed is the minimum variance necessary in order to allow a reasonable use of the property and,

13.3.2.3. This use will not impair the existing character of the area or conflict with the general purpose and intent of these Zoning Regulations.

13.3.3. In granting any variance under Section 13.3, the Board may attach such additional conditions and safeguards as are deemed necessary to protect the neighborhood, such as, but not limited to, the following:

13.3.3.1. Requirement of front, side, or rear yard, greater than the minimum required by these Regulations.

13.3.3.2. Requirement of screening of parking areas or other parts of the premises from adjoining premises or from the street by walls, fences, planting, or other devices, as specified by the Board.

13.3.3.3. Modification of the exterior features or appearance of any structure, where necessary, to preserve property values.

13.3.3.4. Limitations of size, number of occupants, method or time of operation, or extent of facilities.

13.3.3.5. Regulation of number, design, and location of access drives or other traffic features.

13.3.3.6. Requirements of off-street parking or other special features beyond the minimum required by these Regulations or other applicable codes or regulations.

13.3.3.7. Failure to comply with any conditions or modification required by the Board shall constitute a violation of these Regulations.

13.4. Notification of Adjacent Property Owners

Each application for a variance or appeal shall include a list, prepared by the applicant, of the names and addresses of the owners of all land included within the application and of all properties one hundred fifty feet or less distant therefrom, all as shown on the most recent records on file in the Town of Stonington Tax Assessor’s Office. The applicant shall mail notification of said pending application to at least one owner of each such property not more than twenty days and not less than ten days before the date set for the public hearing, by transmitting the text of the public hearing notice as provided by the Board.

Evidence of such mailing, in the form of United States Post Office Certificates of Mailing, shall be submitted to the Zoning Officer along with said list of property owners, not less than five calendar days prior to the hearing date. Failure to comply with the procedures required herein shall be deemed valid basis for denial of a variance and appeal.

Any applicant for a variance shall comply with the public posting requirements of Section 11.6.