A. There is created a local floodplain management board of adjustment, the membership, administration and rules of procedure of which are identical to a zoning board of adjustment.

B. The board of adjustment may, by variance, grant a permit that is not in compliance with the minimum standards contained in these regulations according to the following procedures:

1. Variances shall not be issued for areas within a floodway if any additional increase in flood elevations or velocities after allowable encroachments into the floodway fringe would result;

2. Variances shall only be issued upon:

a. A showing of good and sufficient cause;

b. A determination that refusal of a permit due to exceptional circumstances would cause a unique or undue hardship on the applicant or community involved;

c. A determination that the granting of a variance will not result in increased flood hazards, present additional threats to public safety, be an extraordinary public expense, create nuisances, cause fraud, victimize the public, or conflict with existing state and local laws;

d. A determination that the proposed use would be adequately floodproofed;

e. A determination that a reasonable alternate location outside the floodplain is not available;

f. A determination that the variance requested is the minimum necessary to afford relief, considering the flood hazard; and

g. Approval of the Montana Department of Natural Resources and Conservation, upon request from the permit issuing authority, prior to formally approving any permit application that is in variance to these regulations.

3. Variances shall be issued in writing from the permit issuing authority and shall notify the applicant that:

a. A specific variance is granted, and certain conditions may be attached;

b. The issuance of a variance to construct a building below the one-hundred-year floodplain elevation will result in increased premium rates; and

c. Such construction below the one-hundred-year flood elevation increases risks to life and property. The floodplain administrator shall maintain records of the variance notification and actions, including justification for their issuance, and forward copies of all variance actions to the Montana Department of Natural Resources and Conservation and the Federal Emergency Management Agency.

C. Appeal of any decision of the permit issuing authority, its officers, or agencies may be taken by an aggrieved person or persons, jointly or separately, to a court of record. (Ord. 576 § 5(D), 1994)