Zoning Board of Appeals

Judging public health and safety and the maintenance of property values, the Zoning Board of Appeals decides cases involving zoning disputes and variances, appeals to the decision of the Zoning Enforcement Officer and licensing of motor vehicle establishments.

Enforcement

If you are subject to an official order or decision by the Town Zoning Enforcement Officer, you may file an appeal of his/her decision to the ZBA. Appropriate notices must also be filed in order to process the Application.

• Zoning Board of Appeals Application (provided below)
• Standard Zoning Enforcement Procedures (provided below)

Variances

If your proposal does not meet the requirements of the Zoning Regulations (i.e., locates a building within a required setback or the application of the regulation results in an exceptional difficulty unique to this particular lot) you request a variance from such regulation from the Zoning Board of Appeals (ZBA). Any necessary variances must be applied for and approved by the ZBA prior to applying for a for Site Plan, Special Permit or Subdivision approval. The ZBA is not allowed to grant a variance unless it is based on a statutorily supported hardship. This means the requested variance must be related to the land, can not be based solely on financial gain or loss, nor can it be the regulation itself. A public hearing is required for all variance applications. The ZBA has up to 65 days to hold a Public Hearing.

Once the Public Hearing is open, it must close within 35 days. Once the Public Hearing is closed, the ZBA must make a decision within 65 days. Please contact the Zoning Enforcement Officer for additional information and to set up a meeting to discuss any details. If your proposal involves land located 500 feet or closer to another town, State law requires that the proposal be referred to the abutting town seven days prior to the scheduled Public Hearing. You should contact the Zoning Enforcement Officer for information and to set up a meeting to discuss all the details. If the ZBA grants the variance, you will be required to file a certificate in the Town Clerk’s Office for it to become valid. Once the filing is done a subsequent application to the Planning and Zoning Commission may be submitted.

Certificate of Location Approval

(motor vehicle repair/sales)

If your project involves the repair, sale or lease of motor vehicles and/or trailers, approval from the ZBA must be obtained prior to submitting to the Planning and Zoning Commission for a Site Plan or Special Permit approval. You should contact the Zoning Enforcement Officer for information and to set up a meeting to discuss all the details. If your project does not require any other approvals but is merely taking over an existing operation, you must still apply to the ZBA for a Certificate of Location Approval prior to transferring your Connecticut repair/sales licenses.

Agendas, Minutes, Legal Notices & Packets

Canton Village Districts Form-Based Design Code

CT k-7 DMV Form (for Location Approval)

Hardship Guidelines (for Variance Request)

Industrial Heritage-1 District

Standard Zoning Enforcement Procedures

ZBA Application

Zoning Regulations