Sec. 8-7. Appeals to board. Hearings. Effective date of exceptions or variances; filing requirements.
Sec. 8-7. Appeals to board. Hearings. Effective date of exceptions or variances;
filing requirements. The concurring vote of four members of the zoning board of appeals shall be necessary to reverse any order, requirement or decision of the official
charged with the enforcement of the zoning regulations or to decide in favor of the
applicant any matter upon which it is required to pass under any bylaw, ordinance, rule
or regulation or to vary the application of the zoning bylaw, ordinance, rule or regulation.
An appeal may be taken to the zoning board of appeals by any person aggrieved or by
any officer, department, board or bureau of any municipality aggrieved and shall be
taken within such time as is prescribed by a rule adopted by said board, or, if no such
rule is adopted by the board, within thirty days, by filing with the zoning commission
or the officer from whom the appeal has been taken and with said board a notice of
appeal specifying the grounds thereof. Such appeal period shall commence for an aggrieved person at the earliest of the following: (1) Upon receipt of the order, requirement
or decision from which such person may appeal, (2) upon the publication of a notice in
accordance with subsection (f) of section 8-3, or (3) upon actual or constructive notice
of such order, requirement or decision. The officer from whom the appeal has been
taken shall forthwith transmit to said board all the papers constituting the record upon
which the action appealed from was taken. An appeal shall not stay any such order,
requirement or decision which prohibits further construction or expansion of a use in
violation of such zoning regulations except to such extent that the board grants a stay
thereof. An appeal from any other order, requirement or decision shall stay all proceedings in the action appealed from unless the zoning commission or the officer from whom
the appeal has been taken certifies to the zoning board of appeals after the notice of
appeal has been filed that by reason of facts stated in the certificate a stay would cause
imminent peril to life or property, in which case proceedings shall not be stayed, except
by a restraining order which may be granted by a court of record on application, on
notice to the zoning commission or the officer from whom the appeal has been taken
and on due cause shown. The board shall hold a public hearing on such appeal in accordance with the provisions of section 8-7d. Such board may reverse or affirm wholly or
partly or may modify any order, requirement or decision appealed from and shall make
such order, requirement or decision as in its opinion should be made in the premises
and shall have all the powers of the officer from whom the appeal has been taken but
only in accordance with the provisions of this section. Whenever a zoning board of
appeals grants or denies any special exception or variance in the zoning regulations
applicable to any property or sustains or reverses wholly or partly any order, requirement
or decision appealed from, it shall state upon its records the reason for its decision and
the zoning bylaw, ordinance or regulation which is varied in its application or to which
an exception is granted and, when a variance is granted, describe specifically the exceptional difficulty or unusual hardship on which its decision is based. Notice of the decision
of the board shall be published in a newspaper having a substantial circulation in the
municipality and addressed by certified mail to any person who appeals to the board,
by its secretary or clerk, under his signature in any written, printed, typewritten or
stamped form, within fifteen days after such decision has been rendered. In any case
in which such notice is not published within such fifteen-day period, the person who
requested or applied for such special exception or variance or took such appeal may
provide for the publication of such notice within ten days thereafter. Such exception or
variance shall become effective upon the filing of a copy thereof (A) in the office of the
town, city or borough clerk, as the case may be, but, in the case of a district, in the offices
of both the district clerk and the town clerk of the town in which such district is located,
and (B) in the land records of the town in which the affected premises are located, in
accordance with the provisions of section 8-3d.
(1949 Rev., S. 843; 1951, 1953, S. 378d; 1959, P.A. 458; 577, S. 5; 614, S. 4; 1963, P.A. 55, S. 1; February, 1965, P.A.
622, S. 2; 1967, P.A. 884, S. 1; 1971, P.A. 862, S. 4; P.A. 75-86, S. 2; P.A. 77-450, S. 3; 77-509, S. 6; P.A. 84-122; P.A.
87-215, S. 4, 7; P.A. 89-356, S. 13; P.A. 03-144, S. 2; 03-177, S. 4.)
History: 1959 acts changed "appellant" to "applicant" in first sentence, provided for filing of exception, variance or
reversal in case of a district, added requirement of newspaper publication of notice of hearing and added requirement
appeal be decided within 60 days; 1963 act added requirement board record reasons for denial of exception or variance
and for sustaining of order or decision; 1965 act required notice of board's decision on appeal to be mailed to appellant
and to be published in a newspaper, eliminated requirement for publishing notice of the filing of the variance, exception
or reversal and deleted statement that appeals from decisions of board may be made in the manner set forth in Sec. 8-8
within 15 days of their effective date; 1967 act stated in more detail the notification of decision required to be given the
appellant and changed deadline for notification from within 3 days of decision to within 10 days of decision; 1971 act
required that appeal be heard within 65 days of notice rather than within "a reasonable time", required that decision be
rendered within 65, rather than 60, days of hearing and required publication of decision and notification of appellant within
15 rather than 10 days; P.A. 75-86 required recording of regulation varied or to which exception made and basis for reaching
decision; P.A. 77-450 deleted provision requiring that decision be reached within 65 days of hearing and replaced 65-day
limit between notice and hearing with reference to time period under Sec. 8-7d; P.A. 77-509 added provision concerning
stay of order on appeal where prohibition of construction, expansion, etc. involved and provided that decisions become
effective not at time fixed by board but by filing in clerk's office and in land records; P.A. 84-122 required that appeals
be taken within 30 days if no set period for taking appeals is adopted by the board; P.A. 87-215 authorized board to provide
by regulation for additional notice by mail to adjacent landowners; P.A. 89-356 added provision authorizing the person
who requested or applied for a special exception or variance or took an appeal to provide for the publication of the notice
of the decision of the board when such notice is not published in a timely manner; P.A. 03-144 added provisions re time
for commencement of appeal; P.A. 03-177 replaced provisions re notice of time and place for public hearing and optional
notice by mail to adjacent landowners with provision requiring that the public hearing be held in accordance with Sec. 8-7d, effective October 1, 2003, and applicable to applications filed on or after that date.
See notes to section 8-6.
Cited. 140 C. 527. Cited. 142 C. 88; Id., 92. Cited. 148 C. 33; 603. Since there was no applicable limitation of time for
taking appeal, and since there was failure to show prejudice by any delay in taking appeal and thus doctrine of laches could
not be invoked, it could not be said that appeal was barred by lapse of time. 150 C. 113. Cited. Id., 413. Provisions requiring
hearing to be held by zoning board of appeals on "any appeal" are not limited to appeals in technical sense. They apply to
every application invoking powers conferred on board by section 8-6. Id., 532. Recitation that applicant sought permission
to change nonconforming use of his premises as a mink ranch to a "lesser" nonconforming use was insufficient notice to
inform those who might be affected by change. Id. Prior to 1965 amendment: Time for taking appeal from zoning board
controlled by section 8-7 rather than section 8-8. 151 C. 646. Cited. Id., 694. Cited. 153 C. 315; Id., 623. Cited. 154 C. 32.
Cited. 155 C. 178. Although condition requiring petitioner to deed part of property for street widening was illegal and of
no effect, remainder of board's decision granting exception for construction of gasoline station was separable and therefore
valid. Id., 350. Provisions not applicable to any municipality which has not adopted general enabling act as provided in
section 8-1; hence notice of hearing in conformance with Hartford zoning ordinance was proper notice of hearings before
zoning board of appeals of city of Hartford. Id., 360. Section not applicable to hearing before municipal zoning board of
appeal prior to adoption of chapter by municipality. Id., 422. Provision that board "shall decide" appeals within sixty days
after hearing relates to procedure and is directory, not mandatory. Id., 550. Zoning regulations required board to find "that
the existing public streets" are adequate to handle additional traffic where an exception is granted and board could not
grant exception conditional on determination of adequacy by town traffic commission. 157 C. 420. Board of appeals in
hearing plaintiff's appeal from action of zoning commission was administrative body acting in a quasi-judicial capacity;
plaintiff was given a fair hearing, witnesses not required to testify so that she might cross-examine them. 158 C. 158.
Notice of hearing sufficient if it sufficiently apprises those interested of action proposed to enable them to prepare for
hearing. Id., 202. Compliance with publication requirement by the board is presumed. Id., 331. Cited. Id., 336. Cited. 162
C. 74. Cited. 163 C. 379. Cited. 165 C. 185. Court, upon concluding that action taken by administrative agency was illegal,
arbitrary or in abuse of its discretion, should go no further than to sustain appeal. Direction of what action should be taken
would be usurpation of administrative function. Id., 749. Cited. 173 C. 420. Cited. 174 C. 351; Id., 488. Cited. 195 C. 276.
Cited. 211 C. 78. Cited. 212 C. 628. Cited. 213 C. 604. Cited. 218 C. 65. Cited. 219 C. 352. Without subject matter
jurisdiction board's action was a nullity. Judgment of appellate court in Roepke v. Zoning Board of Appeals, 25 CA 611
reversed and case remanded to appellate court for its plenary consideration of timeliness of appeal. 223 C. 171. Cited. 225
C. 432; Id., 575. Cited. 226 C. 80; Id., 913. Judgment of appellate court in Koepke v. Zoning Board of Appeals, 30 CA
395, reversed. 230 C. 452. Exhaustion of administrative remedies doctrine not applicable to plaintiffs; judgment of appellate
court in Loulis v. Parrott, 42 CA 272, reversed. 241 C. 180. Appeal may be taken to a zoning board of appeals by any
aggrieved party during a period established by a rule of that board or, if no such rule is established, within thirty days of
notice of the action from which appeal is sought. 261 C. 263.
Cited. 2 CA 384. Id., 506. Cited 4 CA 205; Id., 633. Statutory and classical aggrievement discussed. 7 CA 632. Cited.
Id., 684. Cited. 16 CA 604; judgment reversed, see 212 C. 628. Cited. 17 CA 17; judgment reversed, see 212 C. 570. Cited.
20 CA 561. Cited. 23 CA 232. Cited. 25 CA 611; judgment reversed, see 223 C. 171. Cited. 26 CA 187. Cited. 28 CA
256; judgment affirmed in part and modified in part, see 226 C. 80. Cited. 30 CA 395; judgment reversed, see 230 C. 452;
Id., 797. Valid vote can occur only when agency members are present and convened together at a public meeting. 33 CA
281. Cited. 34 CA 552. Cited. 40 CA 692. Cited. 41 CA 89. Cited. 42 CA 272; judgment reversed, see 241 C. 180. Cited.
43 CA 512; Id., 563. Land use hardship standard is the proper standard of review applicable to an application to modify a
variance by removing attached conditions, and four votes are required to approve such application. 54 CA 135. The threshold
issue is whether an order, requirement or decision by zoning enforcement officer was made thus triggering the statutory
framework for appeal. 58 CA 74. Zoning board required to hold a hearing on plaintiff's zoning application. 69 CA 230.
Board of zoning appeals members who will make decision must be present at public hearing. 19 CS 307. Cited. 23 CS
7. Appeal stays all proceedings in action appealed from including criminal proceedings provided for in section 8-12. Id.,
125. Cited. 25 CS 276. History discussed. 26 CS 88. Plaintiffs' claim that logic dictates that legislature did not intend that
there should be an inconsistent procedure relative to appeals from decisions of zoning boards of appeal and zoning boards
and that therefore the running of the appeal period in the case of a zoning regulation should be contingent on the statutory
publication is without merit. Id., 90. Cited. Id., 169. Rule that board cannot reverse a former decision unless there has been
a change in condition did not apply where former decision was invalid because of improper notice. Id., 255. Circumstances
under which board's decisions should be overruled discussed. Id., 256. Where zoning was controlled by special act with
different requirements as to notice of hearing, special act prevails. Id., 262. Equitable relief outside the framework of appeal
procedure set up by statute might be granted in the presence of allegations of fraudulent connivance or collusion on the
part of local zoning board of appeals. Id., 334, 335. Plaintiffs have been granted equitable relief when the zoning authority
lacked the jurisdiction to take the action which the plaintiff was challenging. Id. Equitable relief by way of an injunction
will not be granted if the court finds that the legal remedy afforded by the statute has not been exhausted. Id. Cited. 32 CS
223. Cited. Id., 625. Cited. 35 CS 246. Cited. 38 CS 492. Cited. 39 CS 426; Id., 523. Cited. 41 CS 398. Cited. 43 CS 373.