The Zoning Board of Appeals as established by the
Town of Sullivan shall hear and decide appeals and requests for variances
from the requirements of this chapter.
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.
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.
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:
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,
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 § 142-16(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.
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 items in § 142-16(D)(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.
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.
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:
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, extraordinary public expense, create nuisances, cause fraud
on or victimization of the public or conflict with existing local
laws or ordinances.
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.