§ 13½-30. Appeals board.

(a)

The zoning board of adjustment and appeals as established by the city council shall hear and decide appeals and requests for variances from the requirements of this local law.

(b)

The zoning board of adjustment and 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 local law.

(c)

Those aggrieved by the decision of the zoning board of adjustment and 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 local administrator shall consider all technical evaluations, all relevant factors, standards specified in other sections of this local law 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 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 sanitary sewer, storm sewer, gas, electrical, communications and water systems and streets and bridges.

(e)

Upon consideration of the factors of section 13½-30(d) above, and the purposes of this local law, the zoning board of adjustments and appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this local law.

(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.

(Ord. No. 05-39, § 1, 11-15-2005)