Guide to Zoning Board of Appeals

  • Variances
  • Special Exceptions
  • Appeals from Zoning Rulings of Town Officials
  • Location Approval for Motor Vehicle Dealers/Repairers and Gasoline Stations
  • Click here for ZBA rules

POWER & DUTIES OF THE ZONING BOARD OF APPEALS

The Zoning Board of Appeals hears and decides the following types of cases:

  • A Variance to the requirements of a zoning ordinance with respect to a particular parcel of land, where the strict or literal interpretation and enforcement of the specified regulation would result in exceptional difficulty or unusual hardship. The hardship can be neither personal nor financial in nature. (See Section 177-49B of the Town Code: "Variance").
  • A Special Exception to allow a home occupation in a residence district. A home occupation is an accessory use conducted within a dwelling unit by the person who occupies the dwelling unit as his or her principal residence. This use must be clearly secondary to the use of the dwelling unit for living purposes. A home occupation may not be conducted in an accessory building or a unit of occupancy in a multifamily dwelling other than the unit in which the person conducting the home occupation resides. (See Section 177-49C of the Town Code: "Special Exceptions").
  • The ZBA also acts as an agent for the State of Connecticut regarding the approval of location for Motor Vehicles Repairer's and Dealer's Licenses.
  • An Appeal where it is alleged that there is an error in any order, requirement or decision made by any official charged with the enforcement and administration of the Zoning Ordinance.

APPLICATION PROCESS

The first step is to schedule a meeting with a Zoning Enforcement Officer for a preliminary review of the application and for guidance concerning the information and plans that will be required for submission.

An application for a Variance must include:

An application for a Special Exception for a Home Occupation must include:

  • An application form (endorsed by the property owner), information sheet and appropriate fees
  • A comprehensive site plan drawn to scale
  • Certification of Skill (ie, M.D. license, etc)
  • Hours of oepration, available parking, and amount of building use for home occupation

An application for a Motor Vehicles Repairer's and Dealer's License must include:

An application for an Appeal must include:

PUBLIC NOTICE & HEARING

All matters brought before the Zoning Board of Appeals require a public hearing. Applications must be filed with the Planning & Zoning Office no later than 19 days before the date of the hearing. ZBA usually meets on the 3rd Wednesday of the month, with a recess in August. Contact the Planning & Zoning Office for confirmation of meeting dates or click here on the ZBA schedule. Legal notice of the hearing will be published by the Zoning Office in a local newspaper twice before the hearing.

Required posting of a sign: Applicant must post a notice of hearing on the property continuously for seven (7) days previous prior to the hearing, through and including the hearing date. The sign and required accompanying affidavit are provided by the Planning and Zoning Office. The affidavit attesting that the sign was posted correctly must be signed and submitted to the Zoning Board of Appeals at the public hearing.

DECISION

A decision made by the Zoning Board of Appeals may be appealed to the Superior Court for the Judicial District of Hartford-New Britain within 15 days of the publication of the legal notice of the Zoning Board of Appeals' decisions.

FEES

  • Filing fee: $200
  • Sign affidavit: $20
  • State of Connecticut surcharge: $30
  • Location Approval for Motor Vehicle Dealers/Repairers and Gasoline Stations: $200

See Section 177-49 of the West Hartford Zoning Ordinance

A copy of the ordinance may be purchased at the Planning & Zoning Office for $20. It is also available online, click on “Complete Code for West Hartford”. A Zoning Map is available for $5. For more information, call the Town Planning and Zoning Office at (860) 561-7555.

Updated February 2006

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