An administrative appeal may be brought before the Board of
Adjustment for review of the Floodplain Administrator's order,
decision to grant, condition or deny a floodplain permit or interpretation
of the Regulated Flood Hazard Area boundary.
(Ord. 1874, 4-4-2022)
The following provisions apply to administrative appeals:
A.
An appeal
shall include the basis of the appeal and supporting information including
specific findings and conclusions of the Floodplain Administrator's
decision being appealed;
B.
An appeal
may be submitted by an applicant and/or anyone who may be aggrieved
by the Floodplain Administrator's decision or order;
C.
Appeals
must be received within 30 days of the date of the decision or order
of the Floodplain Administrator; and
D.
Additional
information specific to the appeal request may be requested by the
review panel.
(Ord. 1874, 4-4-2022)
A.
Notice of the pending appeal and hearing shall be provided pursuant to Section 10A-8.2. The Floodplain Administrator may notify DNRC and FEMA of pending appeals.
B.
A public
hearing on the appeal must be held within 30 days of the notice unless
set otherwise.
(Ord. 1874, 4-4-2022)
A judgment on an appeal shall be made within 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. 1874, 4-4-2022)
Any person or persons aggrieved by the decision on an administrative
appeal may appeal such decision in a court of competent jurisdiction.
(Ord. 1874, 4-4-2022)
