There shall be a Zoning Board of Appeals established in accordance with the statutes authorizing such Board. The Board shall have the following powers and duties:
A. 
To hear and decide appeals where it is alleged that there is an error in any order, requirement or decision made by the official charged with the enforcement of these regulations.
B. 
To hear and decide all matters, including special exceptions, upon which it is required to pass by specific provisions of these regulations.
C. 
To determine and vary the application of these regulations in harmony with their general purpose and intent, and with due consideration for conserving the public health, safety, convenience, welfare and property values solely with respect to a parcel of land where, owing to conditions especially affecting such parcel but not generally affecting the district in which it is situated, a literal enforcement of such regulations would result in exceptional difficulty or unusual hardship so that substantial justice will be done and public safety and welfare secured. In accordance with Public Act 77-509 (C.G.S. § 8-6), the Board is hereby prohibited from approving a variance which has the effect of permitting a use in any zone which is not permitted by these regulations. In addition, in accordance with Connecticut case law, the Board is prohibited from varying any condition or requirement set forth in these regulations for a special permit or special exception use, such uses being permitted in the subject zone only when all conditions or requirements contained here are satisfied. Variances shall only be granted where such an action would be in harmony with the purposes of these regulations, as set forth in Article 1 of these regulations, and where the literal enforcement of these regulations would result in unusual hardship, as the same has been defined by the courts of the State of Connecticut, which may be summarized as follows:
(1) 
The hardship recognized by the law is that of the property, due to its unique shape, topography, or other inherent condition; the personal hardship of the owner, such as age or family condition, is not a legal hardship which would support the granting of a variance. The hardship must not be merely financial, such as that the owner would make more money or lose less money if the variance were granted, as financial hardship is personal, and not inherent in the property itself.
(2) 
The hardship must be unique to the property, in the sense that it is a characteristic which is not exhibited by other properties in the area or in the zone, and which makes it appropriate for special treatment. Merely being too small or too narrow is not a legal hardship unless it restricts the property from being put to a reasonable use permitted in the subject zone.
(3) 
The hardship must not be created by the owner or his/her predecessor in title, such as by dividing a parcel to create lots which cannot support the desired use; or creating a topographic condition by excavation, fill, or other measures which render the property unusable for its highest use without a variance; or by building a structure which, for whatever reason, violates a current zoning regulation.
(4) 
The burden is on the applicant to demonstrate that the requirements for a variance have been met. Variances are to be granted sparingly, and only to the minimum extent necessary to allow property to be used for the least intense use which is permitted in the subject zone. Among other objectives, the Commission's purpose and intent in the adoption of these regulations is that variances from the requirements of Article 19, Signs, are rarely, if ever, to be granted since that article provides adequate means for legitimately identifying uses of land in the Town of Willington.
D. 
To act on requests concerning the location or construction of, or the relocation, conversion, reconstruction, alteration, or enlargement of, any of the following:
(1) 
Gasoline stations or bulk oil storage facilities, pursuant to C.G.S. § 14-321.
(2) 
Motor vehicle service or repair shops, pursuant to C.G.S. § 14-54.
(3) 
New and used car dealerships, including motorcycles and any other self-propelled vehicles used for transportation on public roads, pursuant to C.G.S. § 14-54.
E. 
To act on any other applications as cited in these regulations or in any other capacity as determined by the Connecticut General Statutes, as amended.
A. 
The Board shall hold a public hearing on all applications and appeals, and shall publish a notice of said hearing as prescribed by these regulations and the Connecticut General Statutes, as amended.
B. 
In accordance with C.G.S. § 8-6a, whenever an application for a variance is joined with an appeal of any order, requirement or decision of the Zoning Agent, the Board shall decide the issues presented in the appeal before considering the variance application.
C. 
The Board shall hold a public hearing, close such hearing, and render its decision on any application within the time limits imposed by C.G.S. § 8-7d. The Board may reverse or affirm wholly or partly or may modify any order, requirement or decision appealed from, and make such order, requirement or decision as in its opinion should be made. When acting on an appeal from a decision of the Zoning Agent, the Board shall have all the powers of such officer, but only in accordance with C.G.S. § 8-7, and only to the extent that the Board's actions deal directly with the subject of such appeal. Such order, requirement or decision, and any grant of any variance, may be subject to such conditions and restrictions as appear necessary to the Board in order to ensure that the granting of the application or petition shall be in harmony with the purposes of these regulations, as set forth in the preamble to these regulations, and as set forth in C.G.S. § 8-2. In granting any variance, the Board shall describe specifically the exceptional difficulty or unusual hardship on which its decision is based, and why the granting of the variance is in harmony with the purposes of these regulations.
D. 
Any conditions or restrictions imposed upon the granting of any application or petition, as set forth in the preceding subsection, shall be completed within such time limits as the Board may specify, but if not specified, not to exceed 90 days of the granting thereof, unless the Board, upon the request of the applicant, grants extensions of 90 additional days, with the total extension not to exceed 270 days.
E. 
Any variance or exception in the use of buildings or land which is granted by the Board shall be placed upon the Land Records of the Town of Willington by recording a copy of the variance or exception with the Town Clerk or as otherwise provided by the Connecticut General Statutes, as amended.
F. 
The Board shall adopt such procedure as may be necessary to carry out the provisions of this section.