A.
The Zoning Board of Appeals of the Town of Newtown shall hear and
decide appeals and requests for variances from the requirements of
this chapter.
B.
The Zoning Board of Appeals shall hear and decide appeals when it
is alleged there is an error in any requirement, decision, or determination
made by the Conservation Director in the enforcement or administration
of this chapter.
C.
Any person aggrieved by the decision of the Zoning Board of Appeals
or any person owning land which abuts or is within a radius of 100
feet of the land in question may appeal within 15 days after such
decision to the State Superior Court of Judicial District of Danbury,
as provided in Section 8-8 of the Connecticut General Statutes.
A.
Buildings on an historic register. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this article, except for § 136-23A through D, and provided the proposed reconstruction, rehabilitation, or restoration will not result in the structure losing its historical character.
B.
Preexisting, small lot location. Variances may be issued by the Zoning Board of Appeals for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with § 136-23A through D.
C.
Functionally dependent uses. Variances may be issued for new construction and substantial improvement and other development necessary for the conduct of a functionally dependent use, provided the structure or other development is protected by methods that minimize flood damage, create no additional threat to public safety and meet the requirements of § 136-23.
D.
Floodway prohibition. Variances shall not be issued within any designated
floodway if any increase in flood levels during the base flood discharge
would result.
A.
In passing upon such applications, the Zoning Board of Appeals shall
consider all technical evaluations, all relevant factors, all standards
specified in other sections of this chapter, and:
(1)
The danger that materials may be swept onto other lands to the injury
of others;
(2)
The danger to life and property due to flooding or erosion damage;
(3)
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
(4)
The importance of the services provided by the proposed facility
to the community;
(5)
The necessity to the facility of a waterfront location, in the case
of a functionally dependent facility;
(6)
The availability of alternative locations, not subject to flooding
or erosion damage, for the proposed use;
(7)
The compatibility of the proposed use with existing and anticipated
development;
(8)
The relationship of the proposed use to the comprehensive plan and
floodplain management program for that area;
(9)
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
(10)
The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters and the effects of wave action, if applicable,
expected at the site; and
(11)
The costs of providing governmental services during and after
flood conditions, including maintenance and repair of public utilities
and facilities such as sewer, gas, electrical and water systems, and
streets and bridges.
B.
Upon consideration of the factors listed above, and the purposes
of this chapter, the Zoning Board of Appeals may attach such conditions
to the granting of variances as it deems necessary to further the
purposes of this chapter.
A.
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief; and in the instance of an historical building, a determination
that the variance is the minimum necessary so as not to destroy the
historic character and design of the building.
B.
Variances shall only be issued upon:
(1)
A showing of good and sufficient cause;
(2)
A determination that failure to grant the variance would result in
exceptional hardship; and
(3)
A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety, extraordinary
public expense, create nuisances, cause fraud on or victimization
of the public, or conflict with existing local laws or ordinances.
C.
Any applicant to whom a variance is granted shall be given written
notice specifying the difference between the base flood elevation
and the elevation to which the structure is to be built and stating
that the cost of flood insurance will be commensurate with the increased
risk resulting from the reduced lowest floor elevation.
D.
The Conservation Director shall maintain the records of all appeal
actions and report any variances to the Federal Emergency Management
Agency upon request.
Violation of the provisions of this chapter or failure to comply
with any of its requirements, including violation of conditions and
safeguards established in connection with grants of variance or special
exceptions, shall constitute a misdemeanor. Any person who violates
this chapter or fails to comply with any of its requirements shall,
upon conviction thereof, be fined not more than $250 per day if proven
done willfully and $100 per day if not, or imprisoned for not more
than 10 days for each day of violation, or both, and in addition shall
pay all costs and reasonable legal fees involved in the case. Nothing
herein contained shall prevent the Town of Newtown from taking such
other lawful action as is necessary to prevent or remedy any violation.
