In order to determine if an error in any requirements, decision or determination by the floodplain administrator has been made and to provide for reasonable interpretations of this chapter, there shall be and is created a board of appeals consisting of members who are qualified by experience and training to pass upon matters pertaining to building construction and who are not employees of the jurisdiction. Request for appeal shall be made in writing to the floodplain administrator on forms available at City Hall, 315 E. Acequia Avenue, Visalia, California. The floodplain administrator shall be an ex-officio member of and shall act as secretary to the board. The board of appeals shall be appointed by the city council and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the floodplain administrator.
A. Those aggrieved by the decision of the appeal board or any taxpayer, may appeal such decision to the civil court as provided in the state law.
B. In passing upon such application, 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 effect 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 uses that are 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 system, and streets and bridges.
(Ord. 2010-08 (part), 2010; Ord. 9816 (part), 1998: prior code § 7196.2)