From Decisions of the Zoning Enforcement Officer, the Zoning Commission Chairman Acting as Zoning Enforcement Officer, or the Zoning Commission Acting in an Enforcement Capacity:

17.1.1.

The powers and duties of the Zoning Board of Appeals, as set forth in Sections 8-6, 8-7 and 8-7 a through 7d of Chapter 124 of the General Statutes of the State of Connecticut, as amended, are hereby incorporated by reference only. Such powers and duties are summarized as follows:

a.

To hear and decide appeals where it is alleged there is an error in the decision of the Zoning Enforcement Officer, the Zoning Commission Chairman acting as Zoning Enforcement Officer, or the Zoning Commission acting in an enforcement capacity. All other decisions of the Zoning Commission, including without limitation, those with respect to the grant or denial of a site plan, Special Permit, or amendment of the Zoning Regulations or the Zoning Map, shall be appropriate only to the Superior Court for the Judicial District of Litchfield.

b.

To hear and decide all matters, upon which it is required to pass by the specific terms of the Zoning Regulations.

c.

To determine and vary the application of the Zoning 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 affecting such parcel but not affecting generally 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 the public safety and welfare secured.

d.

The Zoning Board of Appeals shall not grant a variance for a use of land that is not listed as a permitted use for the district in which the land is located. This section of the Regulations is enacted, pursuant to the provisions of Section 8-6(a)(3) of the General Statutes, for the purpose of protecting the public health, safety and welfare of the inhabitants of the Town of Roxbury and achieving the purposes for which these Regulations have been enacted as articulated.

17.2.1.

Variances: All appeals and applications made to the Zoning Board of Appeals shall be in writing on forms obtainable from the Zoning Enforcement Officer and each appeal or application shall include or comply with the following:

a.

A statement describing the circumstances of the case or proposed use.

b.

The specific provision of the Regulations involved, the exact details of the variance that is applied for, and the grounds on which it is claimed that the variance should be granted.

c.

Such site plans to approximate scale and/or architectural plans and other information as may be necessary in the opinion of the Board to decide on the application.

d.

All applications shall be accompanied by a fee to cover the cost of advertising and processing.

e.

Such variance shall become effective upon the filing of a copy thereof in the office of the Town Clerk and in the land records of the Town in accordance with the provisions of Section 8-3d of the General Statutes.

17.2.2.

Appeals from Zoning Decisions: For all appeals where it is alleged there is an error in the decision of the Zoning Enforcement Officer, the Zoning Commission Chairman acting as Zoning Enforcement Officer, or the Zoning Commission acting in an enforcement capacity, the following shall apply:

a.

The appeal shall be taken to the Zoning Board of Appeals within fifteen (15) days of the decision appealed from, and the appellant shall file with the Zoning Commission a copy of the appeal together with copies of all accompanying data. Such appeal period shall commence at the earliest of the following: (1) Upon receipt of the order, requirement, or decision from which such person may appeal, (2) Upon the publication of a notice in accordance with subsection (f) of section 8-3 of the General Statutes, or (3) Upon actual or constructive notice of such order, requirement, or decision.

b.

The appeal shall clearly state the specific provision of the Regulations involved, and shall exactly set forth the interpretation that is claimed and the grounds on which it is claimed that the same should be granted.

c.

All appeals shall be accompanied by a fee to cover the cost of advertising and processing.

d.

The Zoning Enforcement Officer (or Commission) shall forthwith transmit to said board all the papers constituting the record upon with the action appealed from was taken.

e.

An appeal shall not stay any such order, requirement or decision that prohibits further construction or expansion of a use in violation of such Zoning Regulations except to such extent that the board grants a stay thereof. An appeal from any other order, requirement, or decision shall stay all proceedings in the action appealed from unless the Zoning Commission or the officer from whom the appeal has been taken certifies to the Zoning Board of Appeals after the notice of appeal has been filed that by reason of facts stated in the certificate a stay would cause imminent peril to life or property, in which case proceedings shall not be stayed, except by a restraining order that may be granted by a court of record on application, on notice to the Zoning Commission or the officer from which the appeal has been taken and on due cause shown.

f.

The Zoning Board of Appeals may reverse or affirm wholly or partly or may modify any order, requirement, or decision appealed from and shall make such order, requirement, or decision as in its opinion should be made on the facts and circumstances presented and shall have all the powers of the Zoning Enforcement Officer, Chairman, or Commission from whom the appeal has been taken but only in accordance with Section 8-7 of the General Statutes.

17.2.3.

The Zoning Board of Appeals shall fix a prompt and reasonable time for a public hearing on appeals or variance applications, give due notice of same, and render a decision, all in accordance with the provisions of Section 8-7 and 8-7d, Chapter 124 of the Connecticut General Statutes, as amended, and furnish to the Zoning Commission written notice of such decision. Notice of the hearing shall be published in a newspaper having general circulation in the Town of Roxbury at least twice at intervals of not less than two (2) days, the first no more than fifteen (15) days or less than ten (10) days and the last not less than two (2) days before the date set for the hearing. The public hearing shall be commenced within sixty-five (65) days after receipt of such applications and appeals and shall be completed within thirty-five (35) days after such hearing commences. All decisions on such matters shall be rendered within sixty-five (65) days after completion of such hearing. The applicant may consent to one or more extensions of such periods provided the aggregate total of all such extensions shall not be longer than sixty-five (65) days, or the applicant may withdraw the application or petition. The concurring vote of four (4) members of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, or decision of the official charged with the enforcement of the Zoning Regulations, or to decide in favor of the applicant to vary to application of the Zoning Regulations.

17.2.4.

In addition to newspaper publication notice for appeals and variance applications to the Zoning Board of Appeals, at least seven (7) days before the scheduled hearing notice shall be mailed by the appellant or applicant to persons who own land that is adjacent to the land that is the subject of the hearing. The notice shall provide a brief description of the application or petition along with the date, time, and location of the public hearing. For purposes of this additional notice, the applicant shall provide at the public hearing proof of mailing as evidenced by a certificate of mailing, and the owner(s) to whom the notice is directed shall be the owner(s) indicated on the Town's property tax map or on the last-completed Grand List as of the date such notice is mailed. The application or appeal shall be deemed incomplete until certified receipts of mailing to all such adjacent property owners and a list of all property owners notified are filed with the Board, and if not so filed, the Board may deny the application on that basis.