A. The city commission may, by variance, grant a permit that is not in compliance with the minimum standards contained in these regulations according to this section.
B. An applicant desiring to obtain a variance from the requirements of this chapter must present a completed floodplain application and required supporting material must be submitted, and a completed variance application specific to the variance request including facts and information addressing the criteria in this section.
C. The city commission must hold a public hearing on the variance and development permit application. Public notice must be given by publication in a newspaper of general circulation in Lewis And Clark County not less than fifteen (15) days prior to the date of hearing as required by law. The notice must include a summary of the application, including the location and size of the development, and specify where additional information can be obtained.
D. The city commission may, by variance, grant a floodplain development permit that is not in compliance with the minimum standards contained in this chapter according to the following procedures:
1. Variances may not be issued for areas within a floodway if any increase in flood elevations or velocities, after allowable encroachments into the floodway fringe, would result.
2. Variances may only be issued upon:
a. A showing of good and sufficient cause;
b. A determination that the granting of a variance will not result in increased flood heights to existing insurable buildings, additional threats to public safety, extraordinary public expense, create nuisances, or conflict with existing state and local laws;
c. A determination that a proposed use would be adequately floodproofed;
d. A determination that a reasonable alternate location outside the floodplain is not available; and
e. A determination that the variance requested is the minimum necessary to afford relief, considering the flood hazard.
3. Variances granted must be issued in writing from the city commission and must notify the applicant that:
a. A specific variance is granted, and certain conditions are attached;
b. The issuance of a variance to construct a structure below the floodplain elevation will result in increased premium rates; and
c. Such construction below the base flood elevation increases risks to life and property. The department shall maintain records of the variance notification and actions, including justification for their issuance, and forward copies of all variance actions to the DNRC and the federal emergency management agency. (Ord. 3159, 8-20-2012)