A. The board of appeals shall review all data related to the appeal. This may include:
1. Permit application data listed in subsection 12-8-2B of this chapter.
2. Floodway/floodfringe determination data in section 12-6-4 of this title.
3. Data listed in subsection 12-4-3A2 of this title where the applicant has not submitted this information to the building inspector.
4. Other data submitted with the application, or submitted to the board of appeals with the appeal.
B. For appeals of all denied permits the board of appeals shall:
1. Follow the procedures of section 12-8-4 of this chapter.
2. Consider plan commission recommendations, if any.
3. Either uphold the denial or grant the appeal.
C. For appeals concerning increases in regional flood elevation the board of appeals shall:
1. Uphold the denial where the board of appeals agrees with the data showing an increase in flood elevation. Increases equal to or greater than 0.01 foot may only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners.
2. Grant the appeal where the board of appeals agrees that the data properly demonstrates that the project does not cause an increase equal to or greater than 0.01 foot provided no other reasons for denial exist. (Ord. 2007-04, 5-7-2007)