The Zoning Board of Appeals of the Town of Wolcott shall hear and decide appeals and requests for variances from the standards of this chapter. Such Board shall have the following duties:
A. 
To hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Building Official in the enforcement and administration of this chapter;
B. 
To issue variances from the standards of this chapter, under the general considerations set forth in § 245-18 and the conditions for variances specified in § 245-19; and
C. 
To issue variances for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places and the Connecticut State Inventory of Historic Places without regard to the considerations and conditions of §§ 245-18 and 245-19.
In passing upon applications for variance, the Zoning Board of Appeals shall consider the technical evaluations and studies that are the basis for this chapter, the standards of this chapter and the following:
A. 
The danger that materials may be swept onto other lands to the injury of others;
B. 
The danger to life and property due to flooding or erosion damage;
C. 
The susceptibility of the proposed development and its contents to flood damage, and the effect of such damage on the individual owner;
D. 
The importance of the services provided to the community by the proposed development;
E. 
The necessity of a waterfront location for the function of the development;
F. 
The availability of alternative locations for the proposed development which are not subject to flooding or erosion damage;
G. 
The compatibility of the proposed development with existing and anticipated other development;
H. 
The relationship of the proposed development to the plan of development for the Town and the floodplain management program for that area;
I. 
The safety of access to the property in times of flood for ordinary and emergency vehicles;
J. 
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site; and
K. 
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.
The following are applicable to the issuance of variances by the Zoning Board of Appeals:
A. 
No variance shall be issued within a floodway if any increase in flood levels during the base flood discharge will result.
B. 
Otherwise, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in area when the lot is contiguous to and generally surrounded by lots with existing structures constructed below the base flood elevation, provided that the following criteria are met:
(1) 
A showing of good and sufficient cause;
(2) 
A determination that failure to grant the variance would result in exceptional hardship to the applicant; 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 other existing Town laws, ordinances and regulations.
C. 
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
D. 
When issuing a variance, the Board may attach such conditions that it deems necessary to further the purpose and intent of this chapter.
A variance issued under this chapter shall become effective at such time as is fixed by the Zoning Board of Appeals, provided a copy thereof shall be filed in the office of the Wolcott Town Clerk and in the land records of the Town of Wolcott in the same manner as required for filing of variances from the Zoning Regulations.
The Building Official shall notify the applicant for variance in writing that the issuance of a variance to construct a structure below the base flood elevation will result in increased premiums for flood insurance and such construction below the base flood elevation increases risks to life and property. The Building Official shall maintain a record of such notice to applicants, shall maintain a record of all variance actions, including the justification for their issuance, and shall report such variances issued in his/her annual report to the Federal Emergency Management Agency.
Any person or persons singularly or jointly aggrieved by any decision of the Zoning Board of Appeals acting under this chapter, or any person owning land which abuts or is within a radius of 100 feet of any portion of the land involved in any decision of said Board, or any officer, board or commission of the Town of Wolcott, having jurisdiction or responsibility over the flood hazards of the Town, may take an appeal to the Superior Court of the county or judicial district in which such municipality is located in the same manner as provided under the provisions of Section 8-8 of the General Statutes of the State of Connecticut.