A.
The Board of Appeals as established by the Village
Board shall hear and decide appeals and requests for variances from
the requirements of this chapter.
B.
The 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 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 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 flood waters 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 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:
(1)
A showing of good and sufficient cause;
(2)
A determination that failure to grant the variance
would result in significant hardship; and
(3)
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.