The Zoning Board of Appeals as established by the Village
of Hempstead 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 § 9A-9D 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.
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.