The Zoning Board of Appeals as established by village
ordinance shall hear and decide appeals and requests for variances from the
requirements of this chapter.
The Zoning Board of Appeals shall hear and decide appeals
when it is alleged there is an error in any requirement, decision or determination
made by the local administrator in the enforcement or administration of this
chapter.
Those aggrieved by the decision of the Zoning Board of
Appeals may appeal such decision to the Supreme Court pursuant to Article
78 of the Civil Practice Law and Rules.
In passing upon such applications, the Zoning Board of
Appeals shall consider all technical evaluations, all relevant factors, standards
specified in other sections of this chapter and:
The expected heights, velocity, duration, rate of rise
and sediment transport of the floodwaters and the effects of wave action,
if applicable, expected at the site.
The costs of providing governmental services during and
after flood conditions, including search and rescue operations, maintenance
and repair of public utilities and facilities, such as sewer, gas, electrical
and water systems, streets and bridges.
Upon consideration of the factors of Subsection D and the purposes of this chapter, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
The local administrator shall maintain the records of
all appeal actions, including technical information, and report any variances
to the Federal Emergency Management Agency upon request.
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that § 83-16D(1) through (12) has been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
Variances may be issued for the reconstruction, rehabilitation
or restoration of structures and contributing structures listed on the National
Register of Historic Places or the State Inventory of Historic Places without
regard to the contributing structures procedures set forth in the remainder
of this section.
Variances may be issued by a community for new construction
and substantial improvements and for other development necessary for the conduct
of a functionally dependent use, provided that:
The structure or other development is protected by methods
that minimize flood damages during the base flood and create no additional
threat to public safety.
A determination that the granting of a variance will
not result in increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on or victimization
of the public or conflict with existing local laws or ordinances.
Any applicant to whom a variance is granted
for a building with the lowest floor below the base flood elevation shall
be given written notice that the cost of flood insurance will be commensurate
with the increased risk resulting from such lowest floor elevation.