§ 11-1-116 EMERGENCY APPLICATION REQUIREMENTS.

   (A)   Prior to any action, the property owner and or the person responsible for taking emergency action shall notify the Floodplain Administrator and follow-up by submitting an emergency notification form within five days of the action taken as a result of an emergency.

   (B)   Unless otherwise specified by the Floodplain Administrator, within 30 days of initiating the emergency action, a person who has undertaken an emergency action must submit a floodplain permit application that describes what action has taken place during the emergency and describe any additional work that may be required to bring the project in compliance with these regulations.

(Ord. 2013-01, passed 1-30-2013)

Statutory reference:

   Permit waiver for repair, see ARM 36.15.217

§ 11-1-117 PERMIT EVALUATION.

   A person who has undertaken an emergency action may be required to modify or remove the project in order to meet the permit requirements.

(Ord. 2013-01, passed 1-30-2013)

VARIANCES

§ 11-1-130 GENERAL.

   A variance from the minimum development standards of these regulations may be allowed. An approved variance would permit construction in a manner otherwise as required or prohibited by these regulations.

(Ord. 2013-01, passed 1-30-2013)

Federal law reference:

   Definitions of NFIP terms, see 44 C.F.R. § 59.1

§ 11-1-131 VARIANCE APPLICATION REQUIREMENTS.

   (A)   A completed floodplain permit application and required supporting material must be submitted.

   (B)   Additionally, a completed variance application specific to the variance request including facts and information addressing the criteria in this section must be submitted.

   (C)   If the floodplain permit application and variance application is deemed not correct and complete, the Floodplain Administrator shall notify the applicant of deficiencies within a reasonable time not to exceed 30 days. Under no circumstances should it be assumed that the variance is automatically granted.

(Ord. 2013-01, passed 1-30-2013)

§ 11-1-132 NOTICE REQUIREMENTS FOR FLOODPLAIN VARIANCE APPLICATION.

   Public notice of the floodplain permit and variance application shall be given pursuant to § 11-1-63 of this chapter.

(Ord. 2013-01, passed 1-30-2013)

§ 11-1-133 EVALUATION OF VARIANCE APPLICATION.

   (A)   A 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 these findings are met:

      (1)   There is a a good and sufficient cause;

      (2)   Failure to grant the variance would result in exceptional hardship to the applicant;

      (3)   There are no basements nor a residential dwelling that has the lowest floor elevation below the base flood elevation;

      (4)   Crawl spaces’ floor are no more than two feet below the exterior lowest adjacent grade and must have an inside dimension from interior ground to the bottom of the living floor of less than five feet. The crawl spaces must meet the dry-flood-proofing requirements in § 11-1-103 of this chapter.

      (5)   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, 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)   There is no danger to life and property by water that may be backed up or diverted by the obstruction or use;

      (10)   There is no danger that the obstruction or use will be swept downstream to the injury of others;

      (11)   Incorporates measures in the construction or alteration of the obstruction or use that lessens the danger;

      (12)   The permanence of the obstruction or use;

      (13)   There is no adverse affect to anticipated development in the foreseeable future of the area that may be affected by the obstruction or use;

      (14)   There is no adverse affect to existing properties or structures; and

      (15)   Any increase to the base flood elevation in a floodway has been approved by FEMA for flood insurance purposes and any increase to the base flood elevation in the floodway or floodplain of more than one-half feet is an alteration of the regulated flood hazard area has been duly amended pursuant to §§ 11-1-45 through 11-1-47 of this chapter.

   (B)   Special considerations for variance approval.

      (1)   If the new construction or substantial improvements on a lot of one-half acres or less is contiguous to and surrounded by lots of existing structures constructed below the base flood elevation, a variance may be approved. However, as lot sizes increase beyond one-half acre additional technical justification may be required.

      (2)   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.

(Ord. 2013-01, passed 1-30-2013)

Federal law reference:

   Variances and exceptions, see 44 C.F.R. 60.6(a), 60.6(a)(3), 60.6(a)(4)

Statutory reference:

   Variance criteria, MCA 76-5-406(2), 76-5-406(4), 76-5-406(5), 76-5-406(6)

   Variances generally, see ARM 36.15.218

§ 11-1-134 DECISION.

   (A)   The city’s Board of Adjustment shall:

      (1)   Evaluate the application using the criteria and findings in this section, the application requirements and minimum development standards in §§ 11-1-75 through 11-1-88 and 11-1-100 through 11-1-103 of this chapter;

      (2)   Hear, make findings and approve, conditionally approve or deny a variance within 60 days of a complete application;

      (3)   Attach conditions to the granting of variance, including a project completion date and inspections during and after construction;

      (4)   Notify the applicant that the issuance of a variance to construct a structure below the base flood level may result in increased premium rates for flood insurance and that flood insurance premiums are determined by actuarial risk and will not be modified by the granting of a variance; and

      (5)   Grant approval only if the jurisdictional area of the regulated flood hazard area has been approved pursuant to § 11-1-47 of this chapter.

   (B)   The Floodplain Administrator shall maintain a record of all actions involving a variance, including the Board’s findings and decision and shall send a copy of each variance granted to DNRC.

   (C)   The Floodplain Administrator shall report such variances issued in the biennial report submitted to FEMA.

(Ord. 2013-01, passed 1-30-2013)

Federal law reference:

   Variances and exceptions, see 44 C.F.R. § 60.6(a)(6)

Statutory reference:

   Variances for obstructions or non-conforming uses, see MCA 76-5-405