(A) A floodplain permit and variance shall only be issued upon a determination that the variance is the minimum allowance necessary considering the flood hazard to afford relief from these regulations, and provided all of the following criteria are met:
(1) There is a good and sufficient cause. Financial hardship is not a good and sufficient cause;
(2) Failure to grant the variance would result in exceptional hardship to the applicant;
(3) Residential and non-residential buildings are not in the floodway except for alterations or substantial improvement to existing buildings. Residential dwellings, including basements and attached garages, do not have the lowest floor elevation below the base flood elevation;
(4) Any enclosure including a crawl space, must meet the requirements of § 153.101(N) if the enclosure interior grade is at or below the base flood elevation;
(5) Granting of a variance will not result in increased flood heights to existing buildings, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with other existing local laws or ordinances;
(6) The proposed use is adequately flood proofed;
(7) The variance is the minimum necessary, considering the flood hazard, to afford relief;
(8) Reasonable alternative locations are not available;
(9) An encroachment does not cause an increase to the base flood elevation that is beyond that allowed in these regulations; and
(10) All other criteria for a floodplain permit, besides the specific development standard requested by variance, are met.
(B) An exception to the variance criteria may be allowed as follows:
(1) For either new construction of a structure outside of the floodway only, or for substantial improvements or an alteration of a structure on a lot of one-half acres or less that is contiguous to, and surrounded by, lots with existing structures, constructed below the base flood elevation; or
(2) For historic structures, variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure, and the variance is the minimum relief necessary to preserve the historic character and design of the structure. The historic nature of the building must be designated as a preliminary or historic structure by the U.S. Secretary of Interior, or an approved state or local government historic preservation program.
(Prior Code, § 11-2(12.4))
Federal reference:
Evaluation of application for a floodplain permit and variance, see 44 C.F.R. § 60.6(a), 44 C.F.R. § 60.6(a)(1), 44 C.F.R. § 60.6(a)(3), 44 C.F.R. § 60.6(a)(4)
Statutory reference:
Evaluation of application for a floodplain permit and variance, see ARM § 36.15.218(a), ARM § 36.15.218(b), ARM § 36.15.218(c), ARM § 36.15.218(d), MCA § 76-5-406(3)