Zoning Commission Role

The powers and duties of the Zoning Commission as set forth in the Connecticut General Statues are as follows:

1.   To establish, change or repeal zoning regulations and zoning

      districts in accordance with the considerations set forth in Section 8.

2.      To hear, consider and decide upon petitions for changes in the zoning regulations or zoning district boundaries.

3.      To provide for the manner in which the zoning regulations are to be enforced and to take appropriate actions to enforce them.

4.      To certify, when appropriate, that a building, structure, or use is or will be in conformity with the zoning regulations.  This function in the Town of Southbury is delegated to the Zoning Enforcement Officer.

5.      To require, when appropriate, that a site plan be filed to aid in determining the conformity of a proposed building, structure, or use with the zoning regulations, and to approve, modify, or deny such a site plan.  This function in the Town of Southbury is delegated to the Zoning Enforcement Officer.

6.      To hear, consider, and decide upon applications for special permits or special exceptions in accordance with the zoning regulations.  This function in the Town of Southbury is delegated to the zoning board of appeals.

7.      To hear, consider, and decide upon applications for motor vehicle junkyard locations.

8.      To regulate and restrict the proposed location of any steam plant, gas plant, gas tank or holder, water tank, electric substation, antenna, tower, or earth station receiver of any public service company not subject to the jurisdiction of the Connecticut Siting Council.

9.      To approve or disapprove the construction of any above-ground vault, crypt, columbarium, or mausoleum for public use in any cemetery containing less than five acres.

10.  To approve or disapprove the location of crematories proposed for plots of land that have not been used as cemeteries for at least five years or that are not established cemeteries containing twenty or more acres.

 Zoning Board of Appeals Role

         The powers and duties of the Zoning Board of Appeals as set forth in the Connecticut General Statues are as follows:

1.   To hear, consider, and decide appeals from decisions of the Zoning  

      Enforcement Officer.

2.   To hear, consider, and decide upon applications for requests of  

                  variances to the zoning regulations at a public hearing.  The power to

                  grant a variance allows the Zoning Board of Appeals to permit

                  something to be done which violates the zoning regulations.  A

                  variance provides relief from the general zoning rules for individual

                  parcels of land for particular purposes.  The standard employed by

                  Zoning Board of Appeals for granting variances is that of “unusual

                  hardship”.  To constitute “unusual hardship”, the hardship must be

                  unique.  The hardship must be different in kind from that generally

                  affecting properties in the same zoning district.  Economic hardship

                  such as financial loss is not a proper basis for granting a variance.  Self-

                  created hardship is not sufficient grounds for granting a variance.         

3.   To hear, consider, and decide upon applications for requests of 

                  special exceptions to the zoning regulations at a public hearing.   

                  Whereas a variance permits the owner to develop and use his property

                  in a manner prohibited by the zoning regulations, a special exception

                  only permits uses explicitly provided for in the zoning regulations.  No

                  hardship need be shown for Zoning Board of Appeals to approve a

                  special exception.  When granting a special exception, the zoning

                  board of appeals acts in an administrative capacity and must

                  “determine whether the applicant’s proposal satisfied the conditions

                  set forth in the zoning regulations.  The Zoning Board of Appeals may

                  impose conditions on the special exception approval, but only to the

                  extent provided for in the zoning regulations.

Zoning Department

      The Zoning Department (located on the third floor of the Town Hall) is responsible for administering the zoning regulations of the Town and for processing all applications for zoning permits.  The department also handles applications for Zoning Board of Appeals, petitions and amendments, special exceptions for soil extraction for the Zoning Commission, as well as receiving site plan and special exception applications for the Planning Commission.  New businesses, in-home businesses, signs, as well as field calls, and zoning violations are also addressed in this office.

     Regular office hours are Monday through Friday, 8:30 a.m. – 4:30 p.m. 

     The Zoning Enforcement Officer is available in the office Monday through Friday, 8:30 a.m. – 9:30 a.m. and 1:00 p.m. – 2:00 p.m.  Field inspections are conducted daily in between these times.

      Copies of the Zoning Regulations and the Zoning Map are available in the planning office during regular office hours.

      Zoning applications are available in the office, a copy of the property site plan due upon receipt.

      Zoning Board of Appeals Variance and Special Exception applications are available in the office; a “non-refundable” fee is due upon receipt.