A. Right To Appeal; Notice: An applicant, or any aggrieved person, may appeal an order (decision) of the planning commission by submitting, on a form provided by the city, written notice to the city manager within ten (10) days of the date the order is signed by the planning commission chairperson or the chairperson's designee.
B. Filing Fee: A filing fee in the amount set by the city council is due at the time the appeal is filed. The city council may waive the required fee upon a showing of good cause.
C. Hearing Date: The appeal hearing date shall be set for the next regularly scheduled council meeting.
D. Contents Of Notice: Notice of the hearing shall be provided in the same manner as for the original hearing in accordance with state law.
E. Testimony; Evidence: At the hearing, testimony shall be limited to the applicant(s) and the appellant(s) and evidence shall be limited to the record of the planning commission decision. The city council may decide to hear additional testimony or additional evidence on any specific appeal.
F. Burden Of Proof: The applicant shall bear the burden of proof.
G. City Council Action:
1. The city council may decide to uphold or to overturn the planning commission decision, or it may remand the application to the planning commission for another hearing.
2. If the city council decides to uphold the planning commission decision, no new findings are necessary.
3. For the purposes of an appeal of a decision involving chapter 9, article B of this title dealing with floodplain regulations, the city council shall consider all technical evaluations, all relevant factors, standards specified in other sections of chapter 9, article B of this title, and the following criteria:
a. The danger that materials may be swept onto other lands to the injury of others;
b. The danger to life and property due to flooding or erosion damage;
c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
d. The importance of the services provided by the proposed facility to the community;
e. The necessity to the facility of a waterfront location, where applicable;
f. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
g. The compatibility of the proposed use with existing and anticipated development;
h. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
i. The safety of access to the property in times of flood for ordinary and emergency vehicles;
j. 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; and
k. 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 of this subsection G and the purposes of the floodplain regulations, the city council may attach such conditions to the granting of variances as it deems necessary to further the purposes of the floodplain regulations.
5. The city manager shall maintain the records of all appeal actions and report any variances to the federal insurance administration upon request. (Ord. 664, 11-3-2010)