A.
The Zoning Board of Appeals 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. Such proceeding must be commenced
within 30 days after the decision is filed in the Village Clerk's
office or shall be time-barred.
D.
In passing upon such applications, the Zoning Board of Appeals shall
consider all technical evaluations, all relevant factors and all 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 relationship of the proposed use to the comprehensive plan and
floodplain management program of that area;
(8)
The relationship of the proposed use with existing and anticipated
development;
(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 § 111-19D and the purposes of this chapter, and if a variance is granted, 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 § 111-19(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.
B.
Variances may be issued for the repair or rehabilitation of historic
structures upon determination that:
C.
Variances may be issued for new construction and substantial improvements
and for other development necessary for the conduct of a functionally
dependent use, provided that:
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 laws.
