The Zoning Board of Appeals as provided by State Statute, shall have the power to adopt from time to time such rules and procedures consistent with law, as may be necessary to carry out the provisions of these regulations and to exercise the authority vested in it by State Statute.
The Zoning Board of Appeals shall have the powers and duties reposed in it by the Connecticut General Statutes and these regulations, all of which shall be exercised subject to appropriate conditions and safeguards, in harmony with the purpose and intent of these regulations and in harmony with the public health, safety and welfare.
12.01.210 
Appeals. To hear and decide appeals where it is alleged that there is an error in any order, requirement or decision made by the Zoning Enforcement Officer of the Town of Newtown. Any appeal taken pursuant to this section shall be made on a form available at the Land Use Office and within the time allowed by the Connecticut General Statutes.
12.01.220 
Variances. To vary the strict application of any of the requirements of these regulations in the case of an exceptionally irregular, narrow, shallow, or steep lot or other physical conditions for 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. No variance in the strict application of any provision of these regulations shall be granted by the Zoning Board of Appeals unless it finds:
12.01.221 
There are special circumstances or conditions fully described in the written findings of the Zoning Board of Appeals, 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 district, and have not resulted from any self-created hardship or any act subsequent to the adoption of these regulations, whether in violation of the provisions hereof or not; and
12.01.222 
The aforesaid 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 and the granting of the variance is necessary for the reasonable use of the land or building; and
12.01.223 
The variance as granted by the Zoning Board of Appeals is the minimum variance that will accomplish the purpose set forth herein; and
12.01.224 
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.
12.01.230 
Special permits. To issue special permits for detached above groundwater towers or tanks. Before granting any such special permit, the Board of Appeals shall find that the following standards have been or will be met:
12.01.231 
The proposed structure will not substantially impair property values in the neighborhood;
12.01.232 
The proposed structure is consistent with the purpose and intent of these regulations and will not be otherwise detrimental to public health and safety. [Effective 11-29-1999]
12.01.233 
The proposed structure will not cause interference with radio or TV reception in the vicinity;
12.01.234 
The proposed structure will not create a health or safety hazard to persons or property on or off the lot on which the structure is proposed. [Effective 11-29-1999]
12.01.235 
The Zoning Board of Appeals may impose conditions on the granting of such special permit which are designed to ensure that said standards are met. Sections 595-11.01.600, 595-11.01.700, 595-11.01.800, 595-11.01.900 and 595-11.01.1000 shall apply to the granting of any such special permit by the Zoning Board of Appeals. References in said subsections to the "Commission" shall be deemed to be to the Board of Appeals.
12.01.236 
The Zoning Board of Appeals may make such regulations and establish such requirements as it deems fit in order to carry out its duties under this section.
12.01.240 
Certificate of approval of location.
[Amended effective 7-26-2010]
12.01.250 
Prohibited variances. Use variances are explicitly prohibited in all zones. In instances where an existing legal nonconforming use has been established, this prohibition shall not limit the Zoning Board of Appeals from granting a use variance for a less intrusive nonconforming use subject to the terms and provisions of Article IX, Section 3.
12.01.310 
Applications. All appeals and applications made to the Zoning Board of Appeals shall be in writing, on forms prescribed by the Board, and each appeal or application shall fully set forth the circumstances of the case. Every appeal or application shall refer to the specific provision of the regulations involved, and shall exactly set forth as the case may be, the interpretation that is claimed, use which is sought, or the details of the variance that is applied for and the grounds on which it is claimed that the same should he granted.
12.01.320 
Fees. At the time of filing an application, the applicant shall submit an application and/or appeal, or the actual cost of publication of the public hearing if greater than the fee, plus the cost of transcribing the proceedings of such hearing should the Zoning Board of Appeals require transcription for any purpose, including, without limitation, court action, advertising and processing.
12.01.330 
Public hearing. The Zoning Board of Appeals shall hold a public hearing on all applications and appeals and notice such hearings in accordance with the provisions of Section 8-3c(b) of the Connecticut General Statutes.
12.01.331 
The applicant shall provide written notice of the time and place of such public hearing to persons who are owners of land which is within 500 feet from the land which is the subject of the hearing. The notices shall be on a form provided by the Zoning Board of Appeals and shall be mailed no less than 10 days before the hearing date. The applicant shall provide a Certificate of Mailing (form PS 3877) and Affidavit stating that the mailings were accomplished according to this section to the Zoning Board of Appeals clerk before the date of the public hearing. The Board and Commission shall be exempt from this requirement.
12.01.340 
Board action. The Zoning Board of Appeals shall decide each case within the time period allowed by Section 8-7d of the Connecticut General Statutes. Notice of the decision of the Zoning Board of Appeals shall be published in accordance with State Statutes.
12.01.410 
Revocation. When any variance or special permit granted by the Board of Appeals is utilized, the use, buildings and other structures shall comply in all respects with the final findings of the Board of Appeals. Any deviation from these findings which has not formally been approved by the Board of Appeals shall be considered a violation of these regulations and shall be cause for the rejection or revocation of a variance or special permit, or the institution of such enforcement actions and/or imposition of penalties as are authorized by the Connecticut General Statutes. Before the Zoning Board of Appeals may revoke its action in granting such variance, it shall hold a public hearing thereon, of which the applicant and property owner in each case shall be given notice and afforded an opportunity to be heard.
12.01.420 
Rehearing. No application for a rehearing shall be presented to the Zoning Board of Appeals within a period of six months from the date of a decision of the Zoning Board of Appeals as provided in Section 8-6 of the Connecticut General Statutes, which decision denied the application; unless, in the opinion of the Zoning Board of Appeals, there has been an unusual change in conditions, or an error in the decision, or new evidence warrants a rehearing.