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Newtown City Zoning Code

§ B70-9.03

Zoning Board of Appeals.

The Zoning Board of Appeals of the Borough shall have the powers of the State of Connecticut and these Regulations. In exercising its power to vary these Regulations it may do so in the case of an exceptionally irregular, narrow, shallow, or steep lot or other exceptional physical conditions as a result of 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, but in no other case. No variance in the strict application of any provisions of these Regulations shall be granted by the Board of Appeals unless it finds:
A. 
That there are special circumstances or conditions fully described in the findings of the Board, 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 neighborhood, and have not resulted from any act subsequent to the adoption of these Regulations, whether in violation of the provisions hereof or not.
B. 
That, for reasons fully set forth in the findings of the Board, the aforesaid circumstances or conditions are such that the strict application of the provisions of this ordinance 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 that the variance as granted by the Board is the minimum variance that will accomplish this purpose.
C. 
That 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.