The city council shall hear and decide appeals from the interpretations of the administrator or the decision of the planning and zoning commission.
A. An appeal must be filed with the city clerk within fourteen (14) days of the date of any permit denial or interpretation of the administrator. Failure to timely file an appeal shall be considered a failure to exhaust the administrative remedies. The appeal must set out the interpretation of the administrator and a narrative setting forth the facts relied upon by the appellant and the appellant's claim regarding the error in the interpretation.
B. Upon receipt of a completed appeal, the appeal will be scheduled for the next available city council meeting to be heard. The city council shall consider the following in ruling on an appeal:
1. All technical evaluations, all relevant factors, standards specified in other sections of this title, including:
a. The danger that materials may be swept onto other lands to the injury of others;
b. The danger to life and property due to flooding or erosion damage;
c. The susceptibility of the proposed facility and its contents to flood damage and the effects of such damage on the individual landowner;
d. The importance of the services provided by the proposed facility to the community;
e. The necessity of the facility to a waterfront location, where applicable;
f. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
g. The compatibility of the proposed use with existing and anticipated development;
h. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
i. The safety of access to the property in times of flooding for ordinary and emergency vehicles;
j. 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
k. 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. (Ord. 513, 4-13-2010, eff. 5-3-2010)