§ 12-59. Evaluation of variance application.

(a)

Prepare a staff report to the city council which sets forth the facts surrounding the administrator's decision to deny the floodplain permit, as well as an evaluation of the variance criteria set forth herein, and a recommendation as to whether or not a variance would be appropriate under the facts and circumstances. Said staff report shall be delivered by the floodplain administrator to the city council, the Montana NFIP Coordinator, and FEMA. A floodplain permit and variance shall only be issued upon a determination by the city council 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; (44 CFR 60.6(a)(3))

(2)

Failure to grant the variance would result in exceptional hardship to the applicant; (44 CFR 60.3(a)(3)) & (ARM 36.15.218(b)))

(3)

Residential and nonresidential 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 section 12-51(14), wet flood proofing 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; ((44 CFR 60.6(a)(3) & (ARM 36.15.218(a)))

(6)

The proposed use is adequately flood proofed; (ARM 36.15.218(c))

(7)

The variance is the minimum necessary, considering the flood hazard, to afford relief; (44 CFR 60.6(a)(4))

(8)

Reasonable alternative locations are not available; ((MCA 76-5-406(3) & (ARM 36.15.218(d)))

(9)

An encroachment does not cause an increase to the base flood elevation that is beyond that allowed in these regulations; and (44 CFR 60.6(a)(1))

(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 (44 CFR 60.6(a)).

(2)

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 U.S. Secretary of Interior or an approved state or local government historic preservation program. (44 CFR 60.6(a))

(Ord. No. 1320 , § 1, 2-13-18)