Land Use & Zoning
A Connecticut property in a commercial zone is subject to a 'conditional use' approval. The approval includes a condition that the business close no later than 10 PM. The new owner wants to stay open until midnight. The new owner must:
ASimply begin staying open late since the old condition was imposed on a prior owner
BApply to the PZC to modify the condition through a new special permit or conditional use amendment✓ Correct
CFile a variance application with the ZBA
DObtain written permission from the neighboring property owners
Explanation
Conditions attached to a special use permit or conditional use approval run with the land (not just with the prior owner). To modify an approved condition, the current owner must apply to the Planning and Zoning Commission for a modification to the approval.
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