(A) The City Council, as established by the city, shall hear and decide appeals and requests for variances from the requirements of this chapter.
(B) The City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the City Finance Officer in the enforcement or administration of this chapter.
(C) Those aggrieved by the decision of the City Council, or any taxpayer, may appeal such decisions to the Fifth Judicial Circuit Court as provided in SDCL 11-4-25.
(D) In passing upon such applications, the City Council shall consider all technical evaluations, all relevant factors, standards 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 owners;
(4) The importance of the services provided by the proposed facility to the community;
(5) The necessity to the facility of a waterfront locations, where applicable;
(6) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
(7) The compatibility of the proposed use with the 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 flood waters and the effects of wave action, if applicable, expected at the site; and
(11) The cost 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 systems, streets, and bridges.
(E) Upon consideration of the factors of division (D) above and the purposes of this chapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(F) The City Finance Officer shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency Management Agency.
(Ord. 400A, passed 8-6-2001)