(a)
The City of Utica Zoning Board of Appeals shall hear and decide appeals
and requests for variances from the requirements of this chapter.
(b)
The City of Utica 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 City of Utica 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 City of Utica 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 and 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 Section 2-10-22(d) and the purposes of this chapter, the City of Utica 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, providing the items in Section 2-10-22(d)(1) through (12) have been fully considered. As the lot size increases beyond 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, provide 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 or
extraordinary public expense; create nuisances; cause fraud on or
victimization of the public; or conflict with existing ordinances
or laws.
(g)
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:
(2)
Such notification shall be maintained with the record of all variance actions as required in Section 2-10-14(8) of this chapter.
The invalidity of any section or provision of this chapter shall
not invalidate any other section or provision thereof.