A.
The Niles Variance Board as established by the Town of Niles shall
hear and decide appeals and requests for variances from the requirements
of this chapter.
B.
The Niles Variance Board shall hear and decide appeals when it is
alleged there is an error in any requirement, decision, or determination
made by the Code Enforcement Officer Michael Wellauer or his successors
in the enforcement or administration of this chapter.
C.
Those aggrieved by the decision of the Niles Variance Board 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 Variance Board 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 § 107-19D and the purposes of this chapter, the Variance Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
F.
The Code Enforcement Officer Michael Wellauer or his successors 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, providing items in Subsection D(1) through (12) in § 107-19 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 by a community 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 local laws or ordinances.
