A. An appeal may be filed with the city clerk within fourteen (14) days of the date of any permit denial or interpretation of this chapter by the floodplain administrator. Failure to timely file an appeal shall be considered a failure to exhaust administrative remedies. The appeal must set out the denial or interpretation of the administrator and a narrative setting forth the facts relied upon by the appellant and the appellant's claim regarding the error made by the administrator.
B. Upon receipt of a completed appeal, the appeal will be scheduled for hearing at the next available city council meeting. The city council will consider the following in ruling on an appeal:
1. All technical evaluations, all relevant factors, standards specified in other sections of this chapter;
2. The danger that materials may be swept onto other lands to the injury of others;
3. The danger to life and property due to flooding or erosion damage;
4. The susceptibility of the proposed facility and its contents to flood damage and the effects of such damage on the individual landowner;
5. The importance of the services provided by the proposed facility to the community;
6. The necessity of the facility to a waterfront location, where applicable;
7. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
8. The compatibility of the proposed use with existing and anticipated development;
9. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
10. The safety of access to the property in times of flooding for ordinary and emergency vehicles;
11. 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
12. The cost of providing government 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.
C. The city council decision will be in writing and set out the facts, technical information and the legal basis for the decision. (Ord. 3386 §2, 2010)