§ 152.49 REVIEW APPEALS OF PERMIT DENIALS.

   (A)   The Zoning Agency (§ 152.47 of this subchapter) or Board shall review all data related to the appeal. This may include:

      (1)   Permit application data listed in § 152.46(B) of this chapter;

      (2)   Floodway/floodfringe determination data in § 152.33(D) of this chapter;

      (3)   Data listed in § 152.31(C)(1)(b) of this chapter where the applicant has not submitted this information to the Zoning Administrator; and

      (4)   Other data submitted with the application or submitted to the Board with the appeal.

   (B)   For appeals of all denied permits, the Board shall:

      (1)   Follow the procedures of § 152.48 of this subchapter;

      (2)   Consider Zoning Agency recommendations; and

      (3)   Either uphold the denial or grant the appeal.

   (C)   For appeals concerning increases in regional flood elevation, the Board shall:

      (1)   Uphold the denial where the Board 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; and

      (2)   Grant the appeal where the Board 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. passed 7-15-2010)