The 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 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 Board of Appeals shall consider
all technical evaluations, all relevant factors, standards specified
in other applicable laws and in 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; and
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.
Upon consideration of the factors of Subsection D and the purposes of this chapter, the 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 items in Subsection D(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.
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 or extraordinary
public expense or create nuisances, cause fraud on or victimization
of the public or conflict with existing laws, rules or regulations.
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:
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