Legal Documents of Kingston

Code of Kingston

Table of Contents » Title 14 Zoning and Land Use Control » Chapter 3 Flood Damage Prevention Ordinance » § 14-306 Variance procedures.
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14
Title 14
14-1
Title 14, Chapter 1
14-101
§ 14-101
Kingston
Title 14 : Zoning and Land Use Control
Chapter 3 : Flood Damage Prevention Ordinance

14-306 : Variance procedures.

  1. Board of floodplain review.
    1. Creation and appointment. A board of floodplain review is hereby established to hear and decide appeals and requests for variances from the requirements of this chapter. The membership of the Kingston Board of Zoning Appeals shall serve as the board of floodplain review.
    2. Procedure. Meetings of the board of floodplain review shall be held at such times as the board shall determine. All meetings of the board of floodplain review shall be open to the public. The board of floodplain review shall adopt rules of procedure and shall keep records of applications and actions thereon, which shall be a public record. Compensation of the members of the board of floodplain review shall be set by the city council.
    3. Appeals; how taken. An appeal to the board of floodplain review may be taken by any person, firm or corporation aggrieved or by any governmental officer, department, or bureau affected by any decision of the administrator based in whole or in part upon the provisions of this chapter. Such appeal shall be taken by filing with the board of floodplain review a notice of appeal, specifying the grounds thereof. In all cases where an appeal is made by a property owner or other interested party, a fee of fifty dollars ($50.00) for the cost of publishing a notice of such hearings shall be paid by the appellant. The administrator shall transmit to the board of floodplain review all papers constituting the record upon which the appeal action was taken. The board of floodplain review shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to parties in interest and decide the same within a reasonable time. At the hearing, any person or party may appear and be heard in person or by agent or by attorney.
    4. Powers. The board of floodplain review shall have the following powers:
      1. Administrative review. To hear and decide appeals where it is alleged by the applicant that there is error in any order, requirement, permit, decision, determination, or refusal made by the administrator or other administrative official in the carrying out or enforcement of any provisions of this chapter.
      2. Variance procedures. In the case of a request for a variance, the following shall apply:
        1. The Kingston Board of Floodplain Review shall hear and decide appeals and requests for variances from the requirements of this chapter.
        2. Variances may be issued for the repair or rehabilitation of historic structures (see definition) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum to preserve the historic character and design of the structure.
        3. In passing upon such applications, the board of floodplain review shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter, and:
          1. The danger that materials may be swept onto other property to the injury of others;
          2. The danger to life and property due to flooding or erosion;
          3. The susceptibility of the proposed facility and its contents to flood damage;
          4. The importance of the services provided by the proposed facility to the community;
          5. The necessity of the facility to a waterfront location, in the case of a functionally dependent facility;
          6. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
          7. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
          8. The safety of access to the property in times of flood for ordinary and emergency vehicles;
          9. 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
          10. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities, such as sewer, gas, electrical, and water systems, and streets and bridges.
        4. Upon consideration of the factors listed above, and the purposes of this chapter, the board of floodplain review may attach such conditions to the granting of variances, as it deems necessary to effectuate the purposes of this chapter.
        5. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
  2. Conditions for variances.
    1. Variances shall be issued upon a determination that the variance is the minimum relief necessary, considering the flood hazard; and in the instance of a historical building, a determination that the variance is the minimum relief necessary so as not to destroy the historic character and design of the building.
    2. Variances shall only be issued upon: a showing of good and sufficient cause; a determination that failure to grant the variance would result in exceptional hardship; or a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
    3. Any applicant to whom a variance is granted shall be given written notice that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance, and that such construction below the base flood level increases risks to life and property.
    4. The administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.