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.
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.
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:
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 and 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 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.
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, 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.
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:
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; create nuisances; cause fraud on or
victimization of the public; or conflict with existing ordinances
or laws.
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