ZBA Variance Information

What is a variance?

A variance is a request to vary the Zoning Regulations.   In short, a variance allows a property owner to do something which would otherwise not be allowed by the Zoning Regulations. Variances are granted on the basis of “exceptional difficulty or unusual hardship”.

Exceptional difficulty or unusual hardship are terms used in the Connecticut General Statutes to describe the conditions that must be met before the ZBA can grant a variance.   You must convince the ZBA that there are special conditions or circumstances affecting your lot but not affecting the rest of the lots in the zoning district.   These conditions or circumstances must be related solely either to the property’s unusual shape or topography or to the condition or location of an existing structure.

The exceptional difficulty or unusual hardship cannot be because of something you did such as putting up a building without a permit. An unsusal hardship cannot be financial in nature.  You must convince the ZBA that without the variance you would have no “reasonable” use for the property.   Remember “reasonable use” is not simply the use that would bring you the greatest financial returns.   It is also not simply the alternative that is the cheapest, most convenient or most desirable for you to take. You must also convince the ZBA that what you want to do will not hurt the surrounding properties.   As a condition of granting the variance, the ZBA can require you to modify your plans so that your neighbors will not be affected.

Should I apply for a Variance?

Applying for a variance through the Zoning Board of Appeals (ZBA) is not a guarantee a variance will be granted.  An application to the ZBA must detail a hardship or practical difficulty unique to the subject parcel. 

A Variance is authorization from the ZBA to use property in a manner otherwise forbidden by the Zoning Regulations.  For a variance to be granted two conditions must be met: 1) the variance must be shown not to substantially affect the comprehensive zoning plan, and 2) adherence to the regulations must be shown to cause unusual hardship.  Such hardship must be unique, which means that the property has physical characteristics different from other properties in the area.

How to apply for a Variance

You must have Class A-2 survey produced by a licensed land surveyor produced which details the variance sought and includes additional information about existing structures and zoning requirements for a property.  You must fill out an application form explaining what variances you are applying for and what hardship you are claiming.   There is a $235 non-refundable fee for Commercial Applications and a $150 non-refundable fee for Residential Applications.  

See the Applications and Fees Page for additional Information.

It is recommended that you consult with the Town’s Planning and Zoning Staff prior to submitting an application for a variance. Please check the ZBA Meeting schedule for application deadlines and meeting dates.

After Submission of Your Application

State statutes require the ZBA to hold a public hearing on all variances.   When you submit the application, the Department of Permits and Inspections will tell you the date and time of the public hearing.

At least fifteen (15) days prior to the public hearing, you must notify, by certificate of mailing, all property owners within 200’ of the property of the time, date and location of the public hearing.   You can get the information on how to generate a list of property owners from the Town’s GIS Website.

See page 1 and 3 of the Variance Pre-Application Information Packet for more information and requirements.

How long will applying for a variance take?

The Zoning Board of Appeals process will typically take at least two (2) months from the time of application submission. The Zoning Board of Appeals and Applicants must provide the required legal notice prior to the required public hearing. The hearing must be held within 65 days of receipt. The date of receipt is the next scheduled meeting date or 35 days, whichever is sooner. The hearing must conclude within 35 days and a decision must come within 65 days of the close of the hearing and the hearing is to conclude 30 days after it commences. Applicants may request extensions or may withdraw their application at any time. You and all other concerned parties have a 15-day appeal period from the day the notice of the decision appeared in the newspaper.

What happens at the public hearing?

You will be given an opportunity to present your case as to why you should be granted the variance. Then ZBA Chairperson will ask: “Does anyone wish to speak in favor or in opposition of this application?”   This is your neighbor’s opportunity to voice their opinions of your proposal. Reports from Town Staff members are also read.

Any ZBA member may ask you questions about the property or your reasons as to why you should be granted the variance.  Remember it is your responsibility to convince them that you have a hardship. After all sides are heard from, the Chairperson “closes” the public hearing.   After the public hearing is closed, the ZBA can hear no more testimony about the application; however, they can question staff.

The ZBA will usually vote right after the public hearing is closed, but, by State Statute, they have 65 days after the closed of the public hearing to make their decision. By State Statute, four of the five members must vote in favor of a variance before it can be granted.  Even if you get a majority – 3 votes out of 5 – you will still be denied the variance.

See page 1 of the Variance Pre-Application Information Packet for more information and requirements.

What comes next after a variance decision?

If a variance is approved, the Variance certificate issued by the Permits and Inspections Department must be filed on the land records in the office of the Town Clerk prior to filing a Building Permit application. If an application is denied, applicants may appeal the decision to Superior Court. Following the filing of a Variance certificate on the land records, applicants can apply for Building and Zoning Permits. Applicants are be advised that pre-construction survey staking or other field methods should be considered to avoid construction errors and confirm compliance with the approved variance. Applicants are also advised, that A-2 'as-built' or post construction surveys will be required prior to issuance of any Final Certificate of Zoning Compliance or Certificate of Occupancy in order to verify compliance of the construction with the variances. More information is available on page 2 of the Variance Pre-Application Information Packet.