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Village of Rye Brook, NY
Westchester County
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Table of Contents
Table of Contents
Code
New Laws (2) Index
[Amended 12-11-2007 by L.L. No. 19-2007]
A. 
The Zoning Board of Appeals of the Village of Rye Brook Board shall hear and decide appeals and requests for variances from the requirements of this chapter.
B. 
The Zoning Board of Appeals of the Village of Rye Brook shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the local administrator in the enforcement or administration of this chapter.
C. 
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.
D. 
In passing upon such applications, the Zoning Board of Appeals shall consider, including, but not limited to, all technical evaluations, all relevant factors, and standards specified in other sections of this chapter and:
(1) 
The danger that materials may be swept onto other lands to the injury of others.
(2) 
The danger of life and property due to flooding or erosion damage.
(3) 
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
(4) 
The importance of the services provided by the proposed facility to the community.
(5) 
The necessity to the facility of a waterfront location, where applicable.
(6) 
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.
(7) 
The compatibility of the proposed use with existing and anticipated development.
(8) 
The relationship of the proposed use to the Comprehensive Plan and floodplain management program of that area.
(9) 
The safe of access to the property in times of flood for ordinary and emergency vehicles.
(10) 
The costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding.
(11) 
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site.
(12) 
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 and streets and bridges.
E. 
Upon consideration of the factors of Subsection C 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.
F. 
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.
A. 
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 items in § 130-17C(1) through (12) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
B. 
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. The variance shall be the minimum necessary to preserve the historic character and design of the structure.
C. 
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:
(1) 
The criteria of Subsections A, D, E and F of this section are met.
(2) 
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.
D. 
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
E. 
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
F. 
Variances shall only be issued upon receiving written justification of:
(1) 
A showing of good and sufficient cause.
(2) 
A determination that failure to grant the variance would result in exceptional hardship to the applicant.
(3) 
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
G. 
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 lowest floor elevation.
H. 
Notification of increased insurance premiums and risks.
(1) 
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 over the signature of a community official that:
(a) 
The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and
(b) 
Such construction below the base flood level increases risks to life and property.
(2) 
Such notification shall be maintained with the record of all variance actions as required in § 130-15C of this chapter.