A.
The Board of Zoning Appeals as established by the Village of Old
Westbury shall hear and decide appeals and requests for variances
from the requirements of this chapter.
B.
The Board of Zoning 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 Board of Zoning 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 Board of Zoning 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; 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.
E.
Upon consideration of the factors of Subsection D and the purposes of this chapter, the Board of Zoning 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.
Variances shall be based upon a hardship that runs with the land
and shall not be issued for economic or other personal hardships.
B.
Variances shall be issued upon a showing of good and sufficient cause,
a determination that failure to grant the variance would result in
significant hardship, and a determination that the variance will not
result in increased flood risks, create nuisances, cause fraud or
victimization of the public or conflict with existing local laws and
ordinances.
C.
Variances to this chapter shall be consistent with requirements for
variances to other local and state law, code or regulation.
In the event that any section, paragraph, sentence, clause or
phrase of this chapter is held invalid or unconstitutional by any
court of competent jurisdiction, the invalid or unconstitutional portions
of the chapter shall be deemed severable from the chapter and shall
in no way affect the validity of the rest of the chapter.
