[Amended 11-8-2017 by L.L. No. 5-2017]
A.
The Joint Zoning Board of Appeals/Planning Commission
as established by the City of Oneida shall hear and decide appeals
and requests for variances from the requirements of this chapter.
B.
The Joint Zoning Board of Appeals/Planning Commission
shall hear and decide appeals when it is alleged there is an error
in any requirement, decision or determination made by the City Engineer
in the enforcement or administration of this chapter.
C.
Those aggrieved by the decision of the Joint Zoning
Board of Appeals/Planning Commission 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 Joint Zoning
Board of Appeals/Planning Commission shall consider all technical
evaluations, 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.
F.
The City Engineer 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, provided that items in § 64-27D(1) through (12) 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.
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 over the signature of a community official
that the cost of flood insurance will be commensurate with the increased
risk resulting from lowest floor elevation.