A. General:
1. There is hereby created a local floodplain management appeals board, the membership, administration, and rules of procedure of which are the community development board.
2. The board will hear and render judgment on an appeal only when it is alleged there is an error in the floodplain administrator's order, decision to grant, condition or deny a floodplain development permit, or interpretation of the regulated flood hazard area boundary.
3. The floodplain administrator must maintain a record of all actions involving an appeal and must report appeals to the federal emergency management agency upon request.
4. Appeals of any decision(s) of the board may be taken by an aggrieved person or persons, jointly or separately, to a court of record, provided that the appellant has exhausted all administrative remedies.
B. Appeal Requirements:
1. An appeal must include the basis of the appeal and supporting information including specific findings and conclusions of the floodplain administrator's decision being appealed;
2. An appeal may be submitted by an applicant and/or anyone who may be aggrieved by the floodplain administrator's decision or order;
3. Appeals must be filed within thirty (30) days from the date of the written decision, interpretation or determination by the floodplain administrator;
4. Additional information specific to the appeal request may be requested by the zoning board of adjustment.
C. Evaluation Of Appeal:
1. Notice of the pending appeal and hearing must be provided pursuant to subsection 14-4-5F of this chapter. The floodplain administrator shall notify DNRC and FEMA of pending appeals.
2. A public hearing on the appeal must be held within thirty (30) days of the notice unless set otherwise.
3. A judgment on an appeal must be made within thirty (30) days of the hearing unless set otherwise. The decision may affirm, modify, or overturn the floodplain administrator's decision. A decision on an appeal of a permit cannot grant or issue a variance. A decision may support, reverse or remand an order or determination of a boundary of the regulated flood hazard area by the floodplain administrator.
(Ord. 15-16, 10-5-2015; amd. Ord. 23-27, 11-20-2023)