The Zoning Board of Appeals shall have all powers and duties prescribed by law and by these Regulations, which are more particularly specified as follows:
33.1 - General
The Zoning Board of Appeals shall hear and decide appeals of any person or persons aggrieved by any order, requirement, or decision of any administrative official in the enforcement of these Regulations, provided that such appeal is taken to the clerk of the Board within fifteen (15) days of the receipt of the order, requirement or decision.
33.2 - Prescribed Regulatory Matters
The Zoning Board of Appeals shall hear and decide all matters upon which it is required to pass by the Zoning Regulations. The Board shall consider the character and use of adjacent land and buildings, the number of people residing or working in the vicinity and traffic conditions on neighboring streets, and no variance shall be granted that is injurious or detrimental to the neighborhood or the general safety and welfare.
33.3 - Variances
The Zoning Board of Appeals shall vary or adapt the strict regulations in the case of exceptionally irregular, narrow, shallow or steep lots, or other exceptional physical conditions, whereby such strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved. In granting any variance, the Zoning Board of Appeals shall prescribe any conditions that it deems to be necessary or desirable. However, no variance in the strict application of any provision of these Regulations shall be granted by the Zoning Board of Appeals unless it finds:
1. That there are special circumstances or conditions, fully described in the findings, applying to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land or buildings and do not apply generally to land or building in the neighborhood, and that said 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.
2. That, for reasons fully set forth in the findings, the granting of the variance is necessary for the reasonable use of the land or buildings.
3. That the granting of the variance will be in harmony with the general purpose and intent of these Regulations, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. In addition to considering the character and use of adjoining buildings and those in the vicinity, the Board, in determining its finding, shall take into account the number of persons residing or working in such building or upon such land and traffic conditions in the vicinity. Any variance shall not become effective until it is filed in the Office of the Town Clerk. (Amended 4/3/02)
Notwithstanding the foregoing and pursuant to Chapter 124, Section 8.6 of the
Connecticut General Statutes, the Zoning Board of Appeals shall not grant variances of use in any zone.
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