A. The appeal board, which shall be composed of three (3) members, who shall be the fire chief of the Mineral County fire department, the chairman of the county regional planning commission and the vice chairman of the county local emergency planning commission, as established by the board of county commissioners shall hear and decide appeals and requests for variances from the requirements of this chapter.
B. The appeal board shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the county building inspector in the enforcement or administration of this chapter.
C. Those aggrieved by the decision of the appeal board, or any taxpayer, may appeal such decision to the district court, pursuant to chapter 233B of Nevada Revised Statutes for judicial review.
D. In passing upon such applications, the appeal board shall consider all technical evaluations, all relevant factors, standards, etc., 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 effects 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 availability of alternative locations for the proposed use which is not subject to flooding or erosion damage;
7. The compatibility of the proposed use with existing and anticipated development;
8. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
9. The safety of access to the property in times of flood for ordinary and emergency vehicles;
10. 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;
11. 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, streets and bridges.
E. Upon consideration of the factors of this section and section 14.04.240 of this chapter and the purpose of this chapter, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purpose of this chapter.
F. The county building inspector shall maintain the records of all appeal actions and report any variances to the federal insurance administration upon request. (Ord. 213A, 2010)