§ 141-15. Appeals.

A. 

The Rocky Hill Zoning Board of Appeals shall hear and decide appeals and requests for variances from the requirements of this chapter.

B. 

The Rocky Hill 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 Rocky Hill Planning and Zoning Commission and/or enforcement officer in the enforcement or administration of this chapter.

C. 

Those aggrieved by the decision of the Rocky Hill Zoning Board of Appeals may appeal such decision to the Superior Court of the State of Connecticut as provided by state statute.

D. 

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:

(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 compatibility of the proposed use with existing and anticipated development.

(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 floodwaters and the effects of wave action, if applicable, expected at the site.

(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.

E. 

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the items in Subsection D(1) through (10) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.

F. 

Upon consideration of the factors of Subsection D and the purposes of this chapter, the Rocky Hill Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

G. 

The Rocky Hill Planning and Zoning Commission shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.