Zoning Board of Appeals Membership - OnBoard

Zoning Board of Appeals Membership - Updated February 2024

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Purpose/Authority:

Town Charter –

Section 8-9-1. Zoning Board of Appeals. The Zoning Board of Appeals shall have all the powers and duties imposed generally upon said boards by the Connecticut General Statutes.

Section 8-9-2. Zoning Board of Appeals. Members. There shall be a Zoning Board of Appeals which shall consist of five (5) members who shall be electors of the town, provided that no more than three (3) members shall be of the same political party. All members of the Zoning Board of Appeals shall continue in office until such time the terms for which they were elected will expire. Thereafter, in the month of January, Council shall appoint a member to the Zoning Board of Appeals to fill any expired term. No member of the Zoning Board of Appeals shall hold a salaried municipal office in Berlin. As the terms of members of the Zoning Board of Appeals expire, members shall be appointed by the Council for a term of five (5) years.

Section 8-9-3. Zoning Board of Appeals. Alternate Members. (a) There shall be three (3) alternate members of the Zoning Board of Appeals who shall be electors of the town. All alternate members shall continue in office until the time the terms for which they were elected will expire. Thereafter, in the month of January, all said alternate members will be appointed by the Council and shall serve for a term of five (5) years each and no more than two (2) of said alternates shall be of the same political party. If a regular member of the Zoning Board of Appeals is absent, the Chairman or Acting Chairman of the Board shall designate an alternate member to act in his place, choosing alternates in rotation so that they shall act as nearly as equal a number of times as possible. If any alternate is not available in accordance with such rotation, such fact shall be recorded in the minutes of the meeting. When seated, said alternates shall have all the powers and duties set forth in this chapter for the Zoning Board of Appeals and its members.

Section 8-9-4. Zoning Board of Appeals.Disqualification. No member or alternate of the Zoning Board of Appeals, shall be a member of the Planning and Zoning Commission. No member shall appear for or represent any person, firm, corporation or other entity in any matter pending before the Zoning Board of Appeals, nor shall any member participate in the hearing or decisions of upon any matter in which he is directly or indirectly interested in a personal or financial sense. In the event of such disqualification such facts shall be entered upon the record of the Zoning Board of Appeals and the Chairman or Acting Chairman shall choose an alternate.

Section 8-9-5. Zoning Board of Appeals. Miscellaneous. The Zoning Board of Appeals, by vote of its regular members only, shall elect a Chairman, Vice Chairman and a Secretary from among its regular members. In all meetings of such Board, each shall be held at the call of the Chairman and at such other times as the Board determines and shall be open to the public. Such Chairman, or in his absence, the Acting Chairman, may administer oaths and compel the attendance of witnesses. Vacancies on the Zoning Board of Appeals arising from any cause shall be filled for the unexpired portion of term by the Council. The Zoning Inspector, or his successor, shall act in an advisory capacity to the Zoning Board of Appeals.

Section 8-9-6. Zoning Board of Appeals. Governing Laws. Except as otherwise set forth in this Chapter, the Zoning Board of Appeals shall be governed by the provisions of the Connecticut General Statutes. All provisions of Chapters 124 and 126 of the Connecticut General Statutes, not inconsistent with the provisions of this Chapter, are hereby adopted. The Secretary shall make copies of said applicable statutes in pamphlet form available to the public at a reasonable price upon request. All changes in Zoning Regulations or boundaries, each rule or regulation of the Zoning Board of Appeals and each amendment or repeal thereof and each order, requirement or decision of said Board, and each change in the Subdivision Regulations shall be filed in the office of the Town Clerk and shall be a public record, as provided by the Connecticut General Statutes.