The Zoning Board of Appeals as provided by State Statute, shall
have the power to adopt from time to time such rules and procedures
consistent with law, as may be necessary to carry out the provisions
of these regulations and to exercise the authority vested in it by
State Statute.
The Zoning Board of Appeals shall have the powers and duties
reposed in it by the Connecticut General Statutes and these regulations,
all of which shall be exercised subject to appropriate conditions
and safeguards, in harmony with the purpose and intent of these regulations
and in harmony with the public health, safety and welfare.
12.01.210 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 Town of
Newtown. Any appeal taken pursuant to this section shall be made on
a form available at the Land Use Office and within the time allowed
by the Connecticut General Statutes.
12.01.220 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:
12.01.221 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 self-created hardship
or any act subsequent to the adoption of these regulations, whether
in violation of the provisions hereof or not; and
12.01.222 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
12.01.223 The variance as granted by the Zoning Board
of Appeals is the minimum variance that will accomplish the purpose
set forth herein; and
12.01.224 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.
12.01.230 Special permits. To issue
special permits for detached above groundwater towers or tanks. Before
granting any such special permit, the Board of Appeals shall find
that the following standards have been or will be met:
12.01.231 The proposed structure will
not substantially impair property values in the neighborhood;
12.01.232 The proposed structure is consistent with
the purpose and intent of these regulations and will not be otherwise
detrimental to public health and safety. [Effective 11-29-1999]
12.01.233 The proposed structure will not cause interference
with radio or TV reception in the vicinity;
12.01.234 The proposed structure will not create a
health or safety hazard to persons or property on or off the lot on
which the structure is proposed. [Effective 11-29-1999]
12.01.235 The Zoning Board of Appeals may impose conditions on the granting of such special permit which are designed to ensure that said standards are met. Sections
595-11.01.600,
595-11.01.700, 595-11.01.800, 595-11.01.900 and 595-11.01.1000 shall apply to the granting of any such special permit by the Zoning Board of Appeals. References in said subsections to the "Commission" shall be deemed to be to the Board of Appeals.
12.01.236 The Zoning Board of Appeals may make such
regulations and establish such requirements as it deems fit in order
to carry out its duties under this section.
12.01.240 Certificate of approval of
location.
[Amended effective 7-26-2010]
12.01.250 Prohibited variances. Use variances are explicitly prohibited in all zones. In instances where an existing legal nonconforming use has been established, this prohibition shall not limit the Zoning Board of Appeals from granting a use variance for a less intrusive nonconforming use subject to the terms and provisions of Article
IX, Section 3.