The Zoning Board of Review shall have the power to:
A. Hear and decide appeals as authorized.
B. Grant special-use permits as authorized.
C. Grant variances as authorized. (back to top)
A. Hear and decide appeals in a timely fashion as authorized by Article 3 of this Ordinance.
B. Act as a Planning Board of Appeals to hear and decide and appeal from an action taken by the Planning Board as authorized by Article 3 of this Ordinance.
C. Act as a Building Code Board of Appeals.
In using this power, the Board may affirm or reverse or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the zoning officer or planning Board from whom the appeal was taken. (back to top)
The Zoning Board shall:
Hear and decide requests for special-use permits in accordance with the terms of this Ordinance, according to the following provisions:
A. A use, categorized as a special-use in Article 6 and elsewhere in this ordinance, shall be permitted by the Board following a public hearing if, in the opinion of the Board, such use in its proposed location meets the following requirements.
B. In granting a special-use permit, the board of review may grant one or more dimensional variances under Section 904.
(1) It will not result in a significant diminution of property values in the surrounding area of the district;
(2) It will not create a nuisance in the neighborhood;
(3) It will be compatible with the Comprehensive Community Plan of the Town of Middletown;
(4) That the granting of such special-use permit will not be detrimental to or substantially or permanently injure the appropriate use of property in the surrounding area or district;
(5) That the granting of such special-use permit will not result in hazardous conditions or conditions inimical to the public health, safety or welfare. (back to top)
In granting a variance, the zoning board of review shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings:
(1) That the hardship from which the applicant seeks relief is due to the unique characteristics of the subject land or structure and not to the general characteristics of the surrounding area and is not due to a physical or economic disability of the applicant;
(2) That the hardship is not the result of any prior action of the applicant and does not result primarily from the desire of the applicant to realize greater financial gain;
(3) That the granting of the requested variance will not alter the general character of the surrounding area or impair the intent or purpose of the zoning ordinance or the comprehensive plan upon which this Ordinance is based; and
(4) That the relief to be granted is the least relief necessary.
The Zoning Board of Review shall, in addition to the above standards, require that evidence be entered into the record of the proceedings showing that:
(1) In granting a use variance the subject land or structure cannot yield any beneficial use if it is required to conform to the provisions of the zoning ordinance. Nonconforming use of neighboring land or structures in the same district and permitted use of lands or structures in an adjacent district shall not be considered in granting a use variance; and
(2) In granting a dimensional variance, that the hardship which will be suffered by the owner of the subject property if the dimensional variance is not granted shall amount to more than a mere inconvenience. The fact that a use may be more profitable or that a structure may be more valuable after the relief is fronted shall not be grounds for relief. Dimensional variances granted in conjunction with a special-use permit shall be supported by independent evidence on the record satisfying each of the requirements for a dimensional variance, and the Board shall vote on each dimensional variance before voting on the special-use permit. (back to top)
In granting a variance under Section 904 or in granting a special-use permit under Section 903, the Zoning Board of Review may apply such special conditions to the grant that may, in the opinion of the Board, be required to maintain harmony with neighboring uses and promote the objectives of the Comprehensive Plan and Zoning Ordinance. Failure to abide by any special condition attached to a grant shall constitute a zoning violation. Such special conditions shall be based on competent credible evidence on the record, be incorporated into the decision and may include, but not be limited to provisions for:
(1) minimizing adverse impact of the development upon other land, including the type, intensity and performance of activities;
(2) controlling the sequence of development, including when it must be commenced and completed;
(3) controlling the duration of use or development and the time within which any temporary structure must be removed;
(4) assuring satisfactory installation and maintenance of required improvements;
(5) designating the exact location and nature of development;
(6) establishing detailed records by submission of drawings, maps, plats or specifications; and
(7) providing standards of site planning for proper circulation of traffic, stormwater drainage, landscaping or buffering, outdoor lighting, utilities, waste disposal, and/or signage. (back to top)
A special-use permit or variance shall expire one year from the date of granting by the Board unless the applicant exercises the permission granted or receives a building permit to do so and commences construction and diligently prosecutes the construction until completed. The Board may, upon application therefore, for good cause shown, and following a public hearing thereon, grant an extension for an additional one-year period. Nothing herein contained shall limit the number of successive one-year extensions which the Board may grant, provided that the Board may only grant a single one-year extension following any one public hearing. (back to top)