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Powers & Duties of the ZBA

According to the City of Milford Zoning Reglations, the powers and duties of the ZBA include:

9.2.1   Appeals:  To hear and decide appeals where it is alleged that there is an error in any order, requirement or decision made by the Zoning Enforcement Officer of the City of Milford.  Any appeal of a decision of the Zoning Enforcement Officer shall be taken within 15 days (as required by action taken by the Zoning Board of Appeals on August 2, 1977).  Any appeal taken pursuant to this section shall be made on a form available at the Planning and Zoning Office.

9.2.2   Variances:  To vary the strict application of any of the requirements of these Regulations in the case of an exceptionally irregular, narrow, shallow, or steep lot or other physical conditions for which strict application would result in exceptional difficulty or unusual hardship that would deprive the owner of the reasonable use of the land or building involved.  No variance in the strict application of any provision of these Regulations shall be granted by the Zoning Board of Appeals unless it finds:

9.2.2.1 That there are special circumstances or conditions fully described in the written findings of the Zoning Board of Appeals, applying to the land or buildings for which the variance is sought, which circumstances or conditions are peculiar to such land or building, and do not apply generally to land or buildings in the district, and have not resulted from any act subsequent to the adoption of these Regulations, whether in violation of the provisions hereof or not; and

9.2.2.2 That, for reasons fully set forth in the written findings of the Zoning Board of Appeals, the aforesaid circumstances or conditions are such that the strict application of the provisions of these Regulations would deprive the applicant of the reasonable use of such land or building and the granting of the variance is necessary for the reasonable use of the land or building, and that the variance as granted by the Zoning Board of Appeals is the minimum variance that will accomplish this purpose; and

9.2.2.3 That the granting of the variance will be in harmony with the purposes and intent of these Regulations, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

9.2.2.4 That any variance hereafter granted for a non-conforming use or structure shall become null and void twelve months after such granting, if such non-conforming use or structure shall not have commenced.

9.2.3   Prohibited Variances:

  1. Except to the extent uses are not otherwise allowed in one underlying zone, use variances are explicitly prohibited. 
  2. No application to vary any Site Plan requirement imposed by the Planning & Zoning Board shall be accepted by the Zoning Board of Appeals.
  3. No application to perform new construction or substantial improvements (as defined) to any dwelling with a lowest floor elevation below the regulatory flood protection shall be accepted by the Zoning Board of Appeals.