Zoning Regulations Amendments through ... - Town of Vernon

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TOWN OF VERNON ZONING REGULATIONS 17.2.2 Variances: The Zoning Board of Appeals shall state on the record the reasons for the decision. 17.2.2.1 The applicant for a variance from the provisions of this ordinance shall show to the satisfaction of the Zoning Board of Appeals that such relief will not be contrary to the public interest and that, owing to a special or peculiar condition, enforcement of the provisions of this ordinance would result in unnecessary hardship to the applicant. 17.2.2.2 The unnecessary hardship, which an applicant seeks to avoid, shall not have been imposed by any prior action of the applicant. Such hardship shall arise only from special or peculiar site conditions or features of the land or structures in question rather than from physical infirmities of the applicant or merely from the desire to realize greater financial gain. 17.2.2.3 No non-conforming use of neighboring lands, structures or buildings in adjacent districts shall be considered grounds for the issuance of a variance. 17.2.2.4 In granting relief from the provisions of this ordinance, the Zoning Board of Appeals shall grant the least variance from the provisions needed to remove the unnecessary hardship and may impose any condition or safeguard as may be deemed in the public interest. 17.2.2.5 A variance shall become null and void twelve (12) months after said variance is granted by the Zoning Board of Appeals unless the construction or changes authorized have been diligently prosecuted and substantial progress made. 17.2.2.6 The Zoning Board of Appeals is empowered to grant the variance subject to such reasonable conditions, restrictions and safeguards as may be deemed necessary by said Board for the purpose of protecting the health, safety, and general welfare of the community. 17.2.2.7 Said appeal must be filed with the Zoning Board of Appeals within fourteen (14) days of receipt of the written order or remedy from the Zoning Enforcement Officer. 10/02/2006 151
TOWN OF VERNON ZONING REGULATIONS 17.2.2.8 A community shall notify the applicant in writing over the signature of the Chairman of the Zoning Board of Appeals that, 1) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and 2) such construction below the base flood level increases risk to life and property. Such notification shall be maintained with a record of all variance actions as required in 5.2. 17.2.2.9 A community shall, 1) maintain a record of all variance actions, including justification for their issuance, and 2) report such variances issued in its annual report submitted to the Administrator. 17.3 Special Permits. The Planning & Zoning Commission shall hear and decide on all request for Special Permits in accordance with the General Statutes of Connecticut and the terms of this ordinance as follows: 17.3.1 Only those uses specifically designated as Special Permits in Section 4, “Use Districts” or Section 8, “Dumps and Incinerator Sites” may be permitted by the Planning & Zoning Commission following a Public Hearing. Such uses shall meet the following requirements: 17.3.1.1 It shall not create a hazardous condition relative to public health or safety. 17.3.1.2 It shall be compatible with neighboring uses. 17.3.1.3 It shall not create a nuisance. 17.3.1.4 It shall not hinder the future sound development of the community. 17.3.1.5 It shall conform to all applicable sections of this ordinance. 17.3.1.6 In the case of conversion of existing residential structures, said conversion shall not alter the residential character of the exterior of the building or increase the existing floor area of the building. 17.3.1.7 In the case of adaptive re-use of mill or former mill sites or structures per Sections 2.97 & 3.26, said adaptive re-use shall preserve the architecturally and historically significant features and character of the site and structures. 10/02/2006 152
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Zoning Regulations Amendments through ... - Town of Vernon

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