The zoning board of appeals (ZBA) shall have all the powers and duties prescribed by Chapter 124, Section 8 and by Chapter 250, Section 14 of the Connecticut General Statutes, as revised from time to time, and by these regulations, which powers and duties are summarized and more particularly specified below:

A.

Appeals: The ZBA shall have the authority to hear and decide upon any appeal where it is alleged that there is an error in the order, requirements, decision or determination of the zoning enforcement officer (ZEO). No question of hardship shall be involved in such an appeal, and the action of the ZBA thereon shall be limited to the question of whether or not, and to what extent such order, requirement, decision, or determination was a correct interpretation of the subject provision of these regulations.

B.

Variances: The ZBA shall have the authority to vary or adjust the strict application of these regulations in those cases where the unusual size, shape or topography of a lot or other unusual physical conditions pertaining to it or to any building situated thereon make it impossible to strictly apply a specific provision of these regulations to such lot without resulting in exceptional difficulty or unusual hardship, so that substantial justice shall be done and the public health, safety and welfare secured.

C.

Location of motor vehicle uses: The ZBA shall have the authority to hear and decide upon all requests for certificates of location approval for motor vehicle sales, services and repair uses in accordance with the Connecticut General Statutes.

A.

All applications made to the ZBA shall be in writing, on forms prescribed by the ZBA and each application shall fully set forth the circumstances of the case. Each application shall refer to the specific provision of these regulations involved, and shall exactly set forth as the case may be, the interpretation that is claimed or the details of the variance that is applied for and the grounds on which it is claimed that the same should be granted.

B.

All appeals and applications made to the ZBA shall be accompanied by a scaled descriptive drawing as is applicable to the case and the appropriate fee.

C.

All appeals to the ZBA from an order, requirement, decision or determination of the ZEO shall be taken within fifteen (15) days of such action by the ZEO. (Amended 6/24/13)

D.

Where, under the provisions of these regulations, the ZBA may grant a variance or variances to the requirements of these regulations with respect to any business or industrial use of property which may entail alterations to the site and or building(s) wherein such business or industrial use is to be or is proposed to be conducted, the commission shall review all site and building plans in a manner consistent with article IX of these regulations.

A.

No variance shall be granted by the ZBA unless it finds:

i.

That there are special circumstances or conditions, fully described in the findings of the ZBA, applying to the lot or structure for which the variance is sought, which are peculiar to such lot or structure and do not apply generally to lots or structures in the neighborhood and which have not resulted from any willful act of the applicant subsequent to the date of adoption of the regulation from which the variance is sought, whether in violation of the provisions herein or not;

ii.

That, for reasons fully set forth in the findings of the ZBA, the aforesaid circumstances or conditions are such that the particular application of the provisions of these regulations would deprive the applicant of the reasonable use of the lot or structure, that the granting of the variance is necessary for the reasonable use of the lot or structure, and that the variance as granted by the ZBA is the minimum adjustment necessary to accomplish this purpose;

iii.

That the granting of the variance shall be in harmony with the general purposes, and intent of these regulations and the town's plan of conservation and development, and shall not be injurious to the neighborhood or otherwise detrimental to the public health, safety and welfare