(A) The town’s Board of Trustees shall hear and render judgment on requests for variances from the requirements of this chapter, it shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision or determination made by the Building Inspector in the enforcement or administration of the chapter. Any person or persons aggrieved by the decision of the Board of Adjustment may appeal such decision in the courts of competent jurisdiction.
(B) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level; providing, the relevant factors in § 154.10(B) of this chapter have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. Upon consideration of the factors noted above and the intent of this chapter, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of § 154.01 of this chapter.
(C) Prerequisites for granting variances include the following:
(1) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief;
(2) Variances shall only be issued upon:
(a) A showing of good and sufficient cause;
(b) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
(c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, 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 structure will be permitted to be built with a lowest floor elevation no more than two feet below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(D) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(E) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.
(F) The Building Inspector shall maintain a record of all actions involving an appeal and shall report variances to the Federal Insurance Administration upon request.
(Prior Code, § 12-211)