(a) Filing. Whenever any person is aggrieved by a decision of the City Recorder with respect to the provisions of this article, it is the right of that person to appeal to the City Council. Such appeal must be filed, in writing, within thirty days after the determination by the City Recorder. Upon receipt of such appeal, the City Council shall set a time and place not less than ten nor more than thirty days for the purpose of hearing the appeal. Notice of the time and place of the hearing of the appeal shall be given to all parties at which time they may appear and be heard. The determination by the City Council shall be final in all cases, unless appeal is taken to the Circuit Court of Nicholas County within thirty days from an adverse ruling.
(b) Appeals Review Criteria. All appeals contesting only the permit fee established by the City Recorder may be handled at the discretion of the City Council. All decisions on appeals to all other provisions of this article not covered in subsection (a) hereof shall adhere to the following criteria:
(1) An affirmative decision shall not be issued by the City Council within the designated floodway if any increase in flood levels during the base flood discharge would result.
(2) A decision may be issued by the City Council for the construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood elevation in conformance with the procedures of paragraphs (3) to (6) of this subsection (b).
(3) Affirmative decisions shall only be issued by the City Council upon: a showing of good and sufficient cause; a determination that failure to grant the appeal would result in an exceptional hardship to the applicant; and a determination that the granting of an appeal will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
(4) Affirmative decisions shall only be issued upon determination that it is the minimum necessary, considering the flood hazard, to afford relief.
(5) The City Council shall notify the applicant, in writing, over the signature of a community official, that the issuance of a decision to allow construction of a structure below the base flood elevation will result in increased premium rates for flood insurance and that such construction below the base flood elevation increases risks to life and property. Such notification shall be maintained with a record of all decisions as required in paragraph (6) of this subsection (b).
(6) The City Council shall maintain a record of all decisions including justification for their issuance, and report such decisions issued in its annual report submitted to the Federal Insurance Administration.
(Passed 7-24-00.)