Strict application of the standards and restrictions
of this chapter may cause practical difficulty or unnecessary hardship.
When this can be shown, such standards and restrictions may be varied
or modified, provided that the following criteria and any additional
requirements of the Zoning Ordinance[1] of the City of New Rochelle are met:
A.
No reasonable, prudent, alternative site is available.
B.
All responsible means and measures to mitigate adverse
impacts on natural systems and their functions and values have been
incorporated into the activity's design at the property owner's expenses.
C.
The development will be reasonably safe from flood
and erosion damage.
D.
The variances requested is the minimum necessary to
overcome the practical difficulty or hardship which was the basis
for the requested variance.
E.
Where public funds are utilized, the public benefits
must clearly outweigh the long-term adverse effects.
Any request for a variance must be in writing and specify the standard, restriction or requirement to be varied and how the requested variance meets the criteria of § 127-20 of this chapter. The burden of demonstrating that the requested variance meets those criteria rests entirely with the applicant.
Each variance request must be accompanied by
the required fee or fees as established by the City Council under
separate resolution.
Any construction activity allowed by a variance
granted by the Coastal Erosion Hazard Board of Review must be completed
within one year from the date of approval or approval with modifications
or conditions. Variances expire at the end of this one-year period
without further hearing or action by the Coastal Erosion Hazard Board
of Review.
The Planning Board is hereby designated as the
Coastal Erosion Hazard Board of Review and has the authority to:
A.
Hear, approve, approve with modification or deny requests
for variances or other forms of relief from the requirements of this
chapter.
B.
Hear and decide appeals where it is alleged there
is error in any order, requirement, decision or determination made
by the administrator in the enforcement of this chapter, including
any order requiring an alleged violator to stop, cease and desist.
The Coastal Erosion Hazard Board of Review may,
in conformity with the provisions of this chapter, reverse or affirm,
wholly or partly, or may modify the order, requirement, decision or
determination of the administrator, including stop or erase and desist
orders. Notice of such decision will forthwith be given to all parties
in interest. The rules and procedures for filing appeals are as follows:
A.
Appeals must be filed with the Municipal Clerk within
30 days of the date of the adverse decision.
B.
All appeals made to the Coastal Erosion Hazard Board
of Review must be in writing on standard forms prescribed by the Board.
The Board will transmit a copy to the Commissioner of the New York
State Department of Environmental Conversation for his information.
C.
All appeals must refer to the specific provisions
of this chapter involved, specify the alleged errors, the interpretation
thereof that is claimed to be correct and the relief which the appellant
claims.
Any person or persons, jointly or severally
aggrieved by a decision by the Coastal Erosion Hazard Board or Review
or any officer, department, board or bureau of the City, may apply
to the Supreme Court for review by a proceeding under Article 78 of
the Civil Practice Law and Rules.
