§ 46-1094. To review appeals of permit denials.

(a)

The zoning agency (section 46-1092) or board shall review all data related to the appeal. This may include:

(1)

Permit application data listed in section 46-1091(b);

(2)

Floodway/floodfringe determination data in section 46-1087;

(3)

Data listed in section 46-1079(a)(2) where the applicant has not submitted this information to the zoning administrator; and

(4)

Other data submitted with the application, or submitted to the board with the appeal.

(b)

For appeals of all denied permits the board shall:

(1)

Follow the procedures of section 46-1093;

(2)

Consider zoning agency recommendations; and

(3)

Either uphold the denial or grant the appeal.

(c)

For appeals concerning increases in regional flood elevation the board shall:

(1)

Uphold the denial where the board agrees with the data showing an increase in flood elevation. Increases may only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners as per the requirements of Division 8 Amendments; and

(2)

Grant the appeal where the board agrees that the data properly demonstrates that the project does not cause an increase provided no other reasons for denial exist.

(Ord. No. 817-14, § 1, 2-10-2014)