A.
The Town of Old Saybrook 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 Town Engineer in the enforcement or administration of
this chapter.
C.
Any person aggrieved by the decision of the Zoning Board of Appeals or any person owning land which abuts or is within a radius of 100 feet of the land in question may appeal within 15 days after such decision to the State Superior Court of the Middletown Judicial District as provided in Section 8-8 of the General Statutes of Connecticut.
D.
A variance issued under this chapter shall become effective as such
time as is fixed by the Zoning Board of Appeals, provided a copy thereof
shall be filed in the office of the Old Saybrook Town Clerk and in
the land records of the Town of Old Saybrook in the same manner as
required for filing of variances from zoning regulations.
A.
Buildings on an historic register. Variances may be issued for the
reconstruction, rehabilitation or restoration of structures listed
on the National Register of Historic Places or the State Inventory
of Historic Places without regard to the procedures set forth in the
remainder of this section, and provided the proposed reconstruction,
rehabilitation, or restoration will not result in the structure losing
its historical designation.
B.
Preexisting, small lot location. Variances may be issued by a community for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size which is contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with § 128-25A through D.
C.
Functionally dependent uses. Variances may be issued for new construction and substantial improvement and other development necessary for the conduct of a functionally dependent use, provided the structure or other development is protected by methods that minimize flood damage, create no additional threat to safety and meet the requirements of § 128-25A through D.
D.
Floodway prohibition. Variances shall not be issued within any designated
floodway if any increase in flood levels during the base flood discharge
would result.
In passing upon such applications for variance, the Zoning Board
of Appeals shall consider all technical evaluations, all relevant
factors, all standards specified in other sections of this chapter
and the items listed below as Subsections A through K. Upon consideration
of these factors and the purposes of this chapter, 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.
A.
The danger that materials may be swept onto other lands to the injury
of others;
B.
The danger to life and property due to flooding or other erosion
damage;
C.
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
D.
The importance of the services provided by the proposed facility
to the community;
E.
The necessity of the facility to waterfront location, in the case
of a functionally dependent facility;
F.
The availability of alternative locations which are not subject to
flooding or erosion damage for the proposed use;
G.
The compatibility of the proposed use with existing and anticipated
development;
H.
The relationship of the proposed use to the comprehensive plan of
development and the floodplain management program for that area;
I.
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
J.
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
K.
The costs of providing governmental services during and after flood
conditions, including maintenance and repair of public utilities and
facilities such as sewer, gas, electrical and water systems, and streets
and bridges.
A.
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief; and in the instance of an historical building, a determination
that the variance is the minimum necessary as not to destroy the historic
character and result in the loss of historic designation of the building.
B.
Issuance of variances.
(1)
Variances may only be issued upon:
(a)
A showing of good and sufficient cause;
(b)
A determination that failure to grant the variance would result
in exceptional hardship; and
(c)
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 nuisance, cause fraud on or
victimization of the public, or conflict with existing local laws
or ordinances.
(2)
Only hardships which are based on unusual physical characteristics
of the property in question, characteristics which are not shared
by adjacent parcels, shall qualify to meet Subsection B(1)(6) above.
Claims of hardship based on structure, on economic or on personal
circumstances are not sufficient cause for the granting of a variance
under this chapter.
C.
Any applicant to whom a variance is granted shall be given written
notice specifying the difference between the base flood elevation
and the elevation to which the structure is to be built and stating
that the cost of flood insurance will be commensurate with the increased
risk resulting from the reduced lowest floor elevation up to amounts
as high as $25 for each $100 of insurance coverage.
D.
The Town Engineer shall maintain the records of all appeal actions
and report any variances to the Federal Emergency Management Agency
(FEMA) as required by FEMA.
