(A) All applications for development shall be reviewed by the City Planning Official through a Type II procedure for compliance with the Hazard Overlay Zone. The City Planning Official may elect to have the Planning Commission complete the review. Those requests that are reviewed by the Planning Commission shall be accompanied by a report from the City Planning Official concerning compliance with the hazard overlay. The City Planning Official or the Planning Commission may require additional investigation or a revised report from the geologist or engineer to ensure the site adequately addresses the intent of this chapter. The City Planning Official or Planning Commission may deny the issuance of a permit if subsequent investigation or reporting does not provide satisfactory evidence that safe development can occur on the site.
(B) All decisions of the City Planning Official may be appealed to the Planning Commission. Decisions made by the Planning Commission concerning hazard overlay compliance shall be appealed in accordance with § 153.207.
(C) If, at the time of application, the applicant can prove through testimony of a registered engineer or engineering geologist that a parcel shown to be on Class B or Class C lands does not have any geologic or soils hazards that will adversely affect development on the parcel in question or on any other parcel, the City Planning Official or the Planning Commission may waive mitigation requirements.
(Ord. 1267, passed 1-3-2012)