A.
The Zoning Board of Appeals as established by the City
of Hornell 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.
D.
In passing upon such applications, the 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.
(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 in Subsection D 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.
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 one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the items in § 154-17D(1) through (12) have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.
B.
Variances may be issued for the reconstruction, rehabilitation
or restoration of structures and contributing structures listed on the National
Register of Historic Places or the State Inventory of Historic Places without
regard to the contributing structures procedures set forth in the remainder
of this section.
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
or extraordinary public expense, create nuisances, cause fraud on or victimization
of the public or conflict with existing local laws or ordinances.
G.
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 that the cost of flood insurance will be commensurate with the increased
risk resulting from lowest floor elevation.
