A. 
The Zoning Board of Appeals as established by the Village of Ellenville shall hear and decide appeals and requests for variances from the requirements of this chapter.
B. 
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.
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 all technical evaluations, all relevant factors, 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 to 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 safety 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 and the effects of wave action, if applicable, expected at the site; and
(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 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.
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 the items set forth in § 109-19D(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 repair or rehabilitation of historic structures upon determination that:
(1) 
The proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure; and
(2) 
The variance is 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 for this section are met; and
(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; and
(3) 
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.
G. 
Written notice.
(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 § 109-13H of this chapter.
[Added 11-12-2024 by L.L. No. 3-2024]
A. 
Applicants with outstanding violations or unpaid monies. Any application seeking a variance from the Zoning Board of Appeals shall be denied for any applicant who is in violation of any Village of Ellenville code, ordinance or local law (hereinafter "violations") or who owes property taxes, water or sewer fees, special assessments, fines for violations of Village ordinances or any other fees or past due monies of any name or nature owed to the Village of Ellenville (hereinafter "unpaid monies").
(1) 
The applicant shall have the burden of providing proof in a form acceptable to the Building Department that there are no such violations or unpaid monies.
(2) 
In the event that the applicant has accrued violations or unpaid monies, any application shall be denied regardless of whether such violations or unpaid monies relate to a parcel of real property for which the application is made or another parcel owned by applicant or are personal to the applicant.
(3) 
In the event that the applicant has accrued violations or unpaid monies, any application shall be denied regardless of whether such violations or unpaid monies occurred or accrued before the effective date of this section.
(4) 
In the event that an application is in process and a violation of this chapter occurs, processing of the application shall cease upon presentation of proof of the violation by the Receiver of Taxes or Code Enforcement Officer of the Village of Ellenville to the Zoning Board of Appeals.
(5) 
Suspension of special use permits due to violations or unpaid monies.
(a) 
Any appeal before the Zoning Board of Appeals regarding an impending suspension of a special use permit instituted by the Planning Commission shall consider the following factors:
[1] 
The impact on the health, safety and/or welfare of the occupants of the building; and
[2] 
The likelihood of the occupants becoming homeless by enforcing the suspension.
(b) 
The Zoning Board of Appeals may either enforce the suspension by the Planning Commission, reject the suspension altogether as unfounded, or may grant the permit holder, or any interested party, an extension to come into compliance. The time period for any extension shall be determined by the Zoning Board of Appeals and shall be not less than 30 days, nor exceed 180 days. The permit holder, and any interested party, shall be provided with written notice of the decision by placarding the premises to which the special use permit has been issued. If the suspension was passed, the suspension shall be effective upon five business days of the notice being placarded. If an extension was granted, the suspension shall be effective upon the expiration of the extension period. If a permit holder comes into complete compliance prior to the expiration of any extension period, the special use permit shall be reinstated.
(6) 
All requirements set forth herein shall also apply to nonperson entities and such permit or renewal thereof shall be denied to an entity, or revoked, if a person with a substantial interest in such entity owes such unpaid monies or has accrued such violations. A "person with a substantial interest" shall mean an ownership interest of more than 10% of, membership on the governing board of, holding an office in or holding the ability to cast or control more than 10% of the votes in such entity.
(7) 
Payment plans.
(a) 
Any applicant herein which has a valid and current payment plan for unpaid monies authorized by the Board of Trustees or Village Manager shall be exempt from the requirements herein, so long as:
[1] 
All payments required under the payment plan have been made and the applicant remains current on said payments for the duration that the permit is open; and
[2] 
The applicant does not have any other active or current violations and/or unpaid monies; and
[3] 
The applicant does not accrue violations or unpaid monies, or violations or unpaid monies are discovered, after the permit is granted.
(b) 
Should the applicant not meet these requirements, the application will be denied.