Title
15 – Buildings and Construction
Chapters:
15.16 Fire prevention Code – Uniform Fire Code
15.20 Trailer and Tourist Camps
15.24 Flood Hazard Prevention
15.30 Violation and Penalty
15.16
Fire Department Uniform Code
Sections:
15.16.010 Adoption of State of
15.16.020 Enforcement authority
15.16.030 Examination of buildings – Right of
Entry
15.16.040 Inspection of premises
15.16.050 Correction of hazardous conditions
15.16.060 Compliance with orders of fire
department
15.16.070 Service of orders
15.16.080 Crossing fire hose
15.16.090 Definitions
15.16.095 Prohibited uses
15.16.100 Bonfires
15.16.110 Removing debris after fires
15.16.120 Closing unoccupied buildings
15.16.130 Fire siren – vehicles to pull over
15.16.140 Fire – limitations for approaching
15.16.010 Code adopted The Uniform Fire Code as adopted by the State
of
15.16.020 Enforcement authority It shall be the duty of the chief of the fire
department and/or the City Fire Marshall to enforce provisions of this chapter
15.16.030
Examination of buildings – Right of entry The chief of the Dillon Volunteer Fire
Department or any fireman or firemen delegated by said chief or the City of
Dillon Fire Marshall, shall at all reasonable hours be permitted to enter into
all buildings and upon all premises within the city limits of the City of
Dillon, for the purpose of examination of the condition of such buildings with
regard to fire risks, and a written report of all such examinations so made
shall be submitted to the Dillon Volunteer Fire Department at the next regular
meeting of the department and all fire risks or violations of the laws of the
State of Montana shall be reported by the fire chief to the State of Montana Fire
Marshall and the City of Dillon Fire Marshall.
Serious and/or repeated violations shall also be reported to the city
council at the next regular meeting of the city council.
15.16.040
Inspection of premises It shall
be the duty of the chief of the fire department of the Fire Marshall to inspect
or cause to be inspected by fire department officers or members, as often as
may be necessary, but not less that once a year all buildings, premises and
public thoroughfares, except the interiors of private dwellings, for the
purpose of ascertaining and causing to be corrected any conditions liable to
cause fire, or any violations of the provisions or intent of any ordinance,
state code or stature affecting the fire hazard.
15.16.050
Correction of hazardous conditions
Whenever any such officer or member finds in any building or upon any
premises or other place, combustible or explosive matter or dangerous
accumulation of wastepaper, boxes, shavings or any highly flammable materials,
and so situated as to endanger property, or finds obstructions to or on fire
escapes, stairs, corridors or doors, liable to interfere with the operation of
the fire department, or egress of occupants incase of fire, he shall order the
same to be removed or the conditions remedied.
15.16.060
Compliance with orders of fire department Such order shall forthwith be complied with
by the owner or occupant of such premises or buildings, subject to appeal
within seventy two hours to the governing body of the municipality, who shall
within ten working days review such order and file a decision thereon, unless
the order is revoked or modified it shall remain in full force and be obeyed by
such owner or occupant. Any owner or
occupant failing to comply with such order within ten working days after said
appeal has been determined, or if no appeal is taken, then within ten working
days after the service of the order, shall be liable to a penalty as stated in
this chapter.
15.16.070 Service of orders The service of any such order shall be made
upon the occupant of the premises to whom it is directed by either delivering a
true copy of same to such occupant personally or by delivering same to and
leaving it with any person in charge of the premises, or incase no such person
is found upon premises, by affixing a copy thereof in a conspicuous place on
the door to the entrance of the premises.
Whenever it may be necessary to serve such an order upon the owner of
premises, such order may be true copy of said order, or, if such owner is
absent from the jurisdiction of the officer making the order, by mailing such
copy to the owner’s last know post office address.
15.16.080
Crossing fire hose No vehicle
shall be driven over any unprotected hose of the fire department when laid down
on any street or private driveway without the consent of the fire department
official in charge.
15.16.090
Definitions
A.
The term “liquefied petroleum
gases” means and includes any material which is composed predominately of any
of the following hydrocarbons, or mixtures of them: propane, propylene, natural gas, butane and
butylenes.
B.
“LPG bulk storage facility”
is defined as any individual storage container containing liquefied petroleum
gases with a capacity in excess of 500 gallons water capacity.
15.16.095 Prohibited uses
A. No premises in the City of
B.
Nothing in this ordinance
shall be construed to restrict existing LPG bulk storage facilities which conform
to the Uniform Fire Code.
15.16.100 Bonfires Burning of trash, lumber,
leaves or other combustible material is prohibited except under the conditions
outlined in a burning permit which must be obtained from the fire chief or the
Fire Marshall.
15.16.110 Removing debris after fire The owner or person having under his control
or in his possession, upon any premises in the city, any substances or
structures which have been rendered useless or un-merchantable by reason or any
fire on such premises, or any debris resulting from said fire, shall remove the
same from the premises within six months.
15.16.120 Closing unoccupied buildings Whenever
any unoccupied building or structure is not property closed, and vagrants or
other unauthorized persons may enter the same and start a fire therein, the
fire chief or the Fire Marshall must notify the owner or the person in control
thereof forthwith effectively close the same, which notice shall be complied
within forty-eight hours after its receipt.
15.16.130 Fire
siren - - Vehicles to pull over Upon
the sounding of the fire siren or other approved device to give notice to
firemen of the existence of a fire, all vehicular traffic, not used to convey
firemen or equipment, to the scene of such reported fire, shall pull as close
to the right curb as possible with safety, and stop their vehicle until the
termination of such fire sire or other sounding device. “Vehicle,” as used in this section means any
device with one or more wheels or runners used to convey passengers or goods,
without distinction as to the mode of propulsion thereof.
15.16.14 Fire Limitations for approaching It is unlawful for any person, excepting
those directly engaged in the fighting of such fire, to approach on foot or in any
vehicle within a distance of two hundred fifty feet of the scene of any fire
which is then being attended by the fire department or volunteers under the
direction of the fire chief.
Chapter 15.20 Trailer and Tourist Campgrounds
Sections:
15.20.010 Department
of Health and Environmental Science Rules
15.20.020 Zoning
Compliance Certificate required
15.20.030 Number
of trailers
15.20.010 Rules adopted The Administrative Rules
of the State of Montana Department of Health and Environmental Sciences, Title
16, Chapter 10, Subchapter 7 for trailer courts and tourist campgrounds are
adopted as the rules for the City of
15.20.020 Zoning compliance Certificate required A Zoning compliance certificate must be
obtained before the establishment of a trailer court and/or a tourist
campground can be established within the city limits. This certificate cannot be granted until the
applicant has a license from the State of
15.20.030
Number of trailers Two or
more trailer spaces designated for travel trailers in any one area shall
designate the area as a trailer park and are subject to these regulations.
Chapter 15.24 Flood Hazard Prevention
Sections:
15.24.010 Title
15.24.020 Purpose
15.24.030 Definitions
15.24.040 Jurisdictional Area
15.24.050 Floodplain District Establishment
15.24.060 Floodplain Administrator
15.24.070 Rules for Interpretation of Floodplain
District Boundaries
15.24.080 Compliance with Land Use
15.24.090 Abrogation and Greater Responsibility
15.24.100 Regulation Interpretation
15.24.110 Warning and Disclaimer of Liability
15.24.120 Severability
15.24.125 Disclosure Provision
15.24.130 Authority
15.24.140 Duties of the Floodplain Administrator
15.24.150 Development Permit Requirements
15.24.160 Adoption of Administrative Procedures
15.24.170 Maintenance of Records
15.24.180 Permit Applications
15.24.190 Emergency Waiver
15.24.200 Review-Variances-Appeals
15.24.220 Violation Notice
15.24.230 Compliance with Variance
15.24.240 Penalties
15.24.250 Emergency Preparedness Planning
15.24.260 Specific Standards
15.24.270 Floodway Fringe
15.24.280 Floodplain Areas with Flood Elevations
and No Delineated Floodway
15.24.290 Shallow Flooding (AO Zones)
15.24.300 General Standards
15.24.310 Flood-Proofing Requirements
15.24.330 Flood-Plain Review Fee
15.24.010 Title These regulations shall be known and cited as
Dillon’s Floodplain Regulations. These
regulations are in accordance with exercising the authority of the laws of the
State of
15.24.020 Purpose To promote the public health, safety, and
general welfare, to minimize flood losses in areas subject to flood hazards,
and to promote wide use of the floodplain.
These regulations have been established with the following purposes
intended:
A. To
guide development of the 100-year floodplain within local jurisdiction
consistent with the enumerated findings by:
1. recognizing the right and need of water
courses to periodically carry more than the normal flow of water
2. participating in coordinated efforts of
federal, state, and local management activities for 100-year floodplains; and
3. ensuring the regulations and minimum
standards adopted, insofar as possible, balance the greatest public good with
the least private injury.
B. Specifically it is the purpose of these regulations to:
1. restrict or prohibit uses that are
dangerous to health, safety, and property in times of flood, or that cause
increased flood heights and velocities;
2. require that uses vulnerable to floods,
including public facilities, be provided with flood protection at the time of
initial construction;
3. identity lands unsuitable for certain
development purposes because of flood hazards;
4. minimize the need for rescue and relief
efforts associated with flooding undertaken at the expense of the general
public;
5. ensure potential buyers are notified
that property is within a 100-year floodplain and subject to the provisions of
these regulations; and
6. ensure that those who occupy 100-year
floodplains assume responsibility for their actions.
15.24.030 Definitions: Unless specifically defined below, words or
phrases used in these regulations shall be interpreted to give them the meaning
they have in common usage and to give these regulations the most reasonable
application.
Act:
Alteration: Any change or addition
to a structure that either increases its external dimensions or increases its
potential flood hazard.
Appeal: A request for a review of
the Floodplain Administrator’s interpretation of any provisions of these
regulations or a request for a variance.
Area of Special Flood Hazard: The
land in the floodplain within the community subject to inundation by a one
percent (1%) or greater chance of flooding, in any given year, i.e., the
100-year floodplain.
Artificial Obstruction - Development:
Any obstruction which is not natural and includes any dam, diversion,
wall, riprap, embankment, levee, dike, pile, abutment, projection, revetment,
excavation, channel rectification, bridge, conduit, culvert, building, refuse,
automobile body, fill, or other analogous structure or matter in, along, across,
or projecting into any 100-year floodplain which may impede, retard, or alter
the pattern of flow of water, either in itself or by catching or collecting
debris carried by the water, or that is placed where the natural flow of water
would carry the same downstream to the damage or detriment of either life or
property.
Base Flood: A flood having a one
percent (1%) chance of being equaled or exceeded in any given year. A base flood is the same as a 100-year flood.
Base Flood Elevation: The
elevation above sea level of the base flood in relation to National Geodetic
Vertical Datum of 1929 unless otherwise specified in the flood hazard study.
Channelization Project: The
excavation and/or construction of an artificial channel for the purpose of diverting
the entire flow of a stream from its established course.
Establish: To construct, place,
insert, or excavate.
Existing Manufactured Home Park or Subdivision: A manufactured home park or subdivision where
the construction of facilities for servicing the manufactured homes lots is
completed before the effective date of the floodplain management
regulations. This includes, at a
minimum, the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads.
FEMA: The Federal Emergency
Management Agency
Flood or Flooding: A general and
temporary condition of partial or complete inundation of normally dry lands
from the overflow of a stream, or the unusual and rapid accumulation or runoff
of surface waters from any source.
Flood Insurance Rate Map: The map
on which FEMA has delineated both the 100 year floodplains and the risk premium
zones.
Flood Insurance Study: The report
in which FEMA has provided flood profiles, as well as the Flood Boundary/Floodway
Map and the water surface profiles.
Floodplain: The areas subject to
these regulations, generally adjoining a stream, that would be covered by
floodwater of a base flood except for designated shallow flooding areas that
receive less than one foot of water per occurrence. The floodplain consists of a floodway and
floodway fringe.
Floodway: The channel of a stream
and the adjacent overbank areas that must be reserved in order to discharge a
base flood without cumulatively increasing the water surface elevation more
than one-half (1/2) foot.
Floodway Fringe: That portion of
the floodplain outside the limits of the floodway.
Levee: A man-made embankment,
usually earthen, designed and constructed in accordance with sound engineering
practices to contain, control, or divert the flow of water to provide
protection from temporary flooding.
Levee System: A flood protection
system that consists of a levee, or levees, and associated structures, such as
drainage and closure devices, which are constructed and operated in accordance
with sound engineering practices.
Lowest Floor: Any floor used for
living purposes, storage, or recreation.
This includes any floor that could be converted to such a use.
Manufactured Home: A structure
that is transportable in one or more sections, built on a permanent chassis,
and designed to be used with or without a permanent foundation when connected
to the required utilities. This does not
include “recreational vehicles.”
Manufactured Home Park or Subdivision:
A parcel or contiguous parcels of
land divided into two or more manufactured home lots for rent or sale.
Mean Sea Level: The National
Geodetic Vertical Datum (NGVD) of 1929 or other datum to which base flood
elevations are referenced.
New Construction: Structures for
which construction, substantial improvement, or alteration commences on or
after the effective date of these regulations.
Official Floodplain Maps: The
Flood Plain Management Study and Flood Hazard Area Maps provided by the Soil
Conservation Service for the City of
Permit Issuing Authority: City of
Recreational Vehicle: A vehicle
which is (1) built on a single chassis; (2) 400 square feet or less when
measured at the largest horizontal projections; (3) designed to be
self-propelled or permanently towable by a light duty truck; and (4) designed
primarily for use as temporary living quarters for recreation, camping, travel,
or seasonal use, not for use as a permanent dwelling.
Riprap: Stone, rocks, concrete
blocks, or analogous material that is placed along the banks or bed of a stream
to alleviate erosion.
Riverine: of, relating to, formed
by, or resembling a river.
Start of construction:
Commencement of clearing, grading, filling, or excavating to prepare a
site for construction.
Structure: A walled and roofed
building, manufactured home, a gas or liquid storage tank, bridge, culvert,
dam, diversion, wall, revetment, dike, or other projection that may impede,
retard, or alter the pattern of flow of water.
Substantial Damage: Damage
sustained by a structure where the cost of restoring the structure to its
condition before damage would equal or exceed 50 percent of the market value of
the structure before the damage occurred.
Substantial Improvement: Any
repair, reconstruction, or improvement of a structure, the cost of which equals
or exceeds fifty percent (50%) of the market value of the structure either:
A. before the improvement or repair is
started, or
B. if the structure has been damaged, and
is being restored, before the damage occurred.
For the purposes of this definition, substantial improvement is considered
to occur when the first construction to any wall, ceiling, floor, or other
structural part of the building commences.
The term does not include:
1. any project for improvement of a
structure to comply with existing state or local health, sanitary, or safety
code specifications which are solely necessary to assure safe living
conditions, or
2. any alteration of a structure listed on
the national register of historic places or state inventory of historic places.
Suitable Fill: Fill
material which is stable, compacted, well graded, pervious, generally
unaffected by water and frost, devoid of trash or similar foreign matter,
devoid of tree stumps or other organic material, and is fitting for the purpose
of supporting the intended use and/or permanent structure.
Variance: A grant of
relief from the requirements of these regulations that would permit
construction in a manner otherwise prohibited by these regulations.
Violation: The failure
of a structure or other development to be fully compliant with these
regulations. A structure or other
development without elevation certificate, certification by a licensed engineer
or architect of compliance with these regulations, or other evidence of
compliance is presumed to be in violation until such time as documentation is
provided.
Zone: Defines the
areas on the flood insurance rate map that determines the premium for flood
insurance in each area.
100-Year Flood: A
flood having a one percent (1%) chance of being equaled or exceeded in any
given year. A 100-year flood has nearly
a 23 percent chance of occurring in a 25-year period. A 100-year flood is the same as a base flood.
15.24.040
Jurisdictional Area
These regulations shall apply to all lands within the jurisdiction of
City of
15.24.050 Floodplain
District Establishment The
floodplain districts established are defined by the base flood elevations and
100-year floodplains as delineated in the “Flood Plain Management Study for the
City of Dillon and Beaverhead County, Montana,” dated January 5, 1982, with
accompanying Flood Hazard Area Maps. The
Official Floodplain Maps and Study are on file in the office of the Floodplain
Administrator.
15.24.060 Floodplain
Administrator The City of
15.24.070 Rules for
Interpretation of Floodplain District Boundaries The boundaries of the 100-year floodway shall
be determined by scaling distances on the official floodplain maps and using
the floodway data table contained in the flood insurance study report. The maps may be used as a guide for
determining the 100-year floodplain boundary, but the exact location of the
floodplain boundary shall be determined where the base flood elevation
intersects the natural ground. For
unnumbered A Zones and AO Zone floodplains, where there is a conflict between a
mapped floodplain boundary and actual field conditions, the Floodplain
Administrator may interpret the location of the 100‑year floodplain
boundary based on field conditions or available historical flood information.
15.24.080 Compliance
with Land Use No structure or land
use shall be located, extended, converted, or structurally altered without full
compliance with the provisions of these regulations and other applicable
regulations. These regulations meet the
minimum floodplain development requirements as set forth by the Montana Board
of Natural Resources and Conservation and the National Flood Insurance Program.
15.24.090 Abrogation
and Greater Responsibility It
is not intended by these regulations to repeal, abrogate, or impair any
existing easements, covenants, deed restrictions, or underlying zoning. However, where these regulations impose
greater restrictions, the provision of these regulations shall prevail.
15.24.100 Regulation
Interpretation The interpretation
and application of the provisions of these regulations shall be considered minimum
requirements and liberally construed in favor of the governing body and not
deemed a limitation or repeal of any other powers granted by State statute.
15.24.110 Warning and
Disclaimer of Liability
These regulations do not imply that areas outside the delineated
floodplain boundaries or permitted land uses will always be totally free from
flooding or flood damages. These
regulations shall not create a liability or cause of action against City of
15.24.120 Severability If any section, clause, provision, or portion
of these regulations is adjudged unconstitutional or invalid by a court of competent
jurisdiction, the remainder of these regulations shall not be affected thereby.
15.24.125 Disclosure
Provision All owners of
property or their agents in an identified 100-year floodplain as indicated on
the Official Floodplain Maps must notify potential buyers or their agents that
such property is subject to the revisions of these regulations.
15.24.130 Authority As provided in 15.24.060 of these
regulations, the Floodplain Administrator has been designated by the City of
15.24.140 Duties of
the Floodplain Administrator The Floodplain Administrator is hereby
appointed with the authority to review floodplain development permit
applications, proposed uses, and construction to determine compliance with
these regulations. The Floodplain
Administrator is required to assure all necessary permits have been received
from those governmental agencies from which approval is required by federal and
state law and local codes, including Section 404 of the Federal Water Pollution
Control Act of 1972, 33 U.S.C. 1334, and under the provisions of the Natural
Streambed and Land Preservation Act.
A. Additional Factors—Floodplain
development permits shall be granted or denied by the Floodplain Administrator
on the basis of whether the proposed establishment, alteration, or substantial
improvement of an artificial obstruction meets the requirements of these
regulations. Additional factors that
shall be considered for every permit application are:
1. the danger to life and property due to
increased flood heights, increased flood water velocities, or alterations in
the pattern of flood flow caused by encroachments;
2. the danger that materials may be swept
onto other lands or downstream to the injury of others;
3. the proposed water supply and
sanitation systems and the ability of these systems to prevent disease,
contamination, unsanitary conditions;
4. the susceptibility of the proposed
facility and its contents to flood damage and the effects of such damage on the
individual owner;
5. the importance of the services provided
by the facility to the community;
6. the requirement of the facility for a
waterfront location;
7. the availability of alternative
locations not subjected to flooding for the proposed use;
8. the compatibility of the proposed use
with existing development and anticipated development in the foreseeable
future;
9. the relationship of the proposed use to
the comprehensive plan and floodplain management program for the area;
10. the safety of access to property in times
of flooding for ordinary and emergency services; and
11. such other factors as are in harmony with
the purposes of these regulations, the Montana Floodplain and Floodway
Management Act, and the National Flood Insurance Program.
15.24.150 Development
Permit Requirements A floodplain
development permit application is considered to have been automatically granted
60 days after the date of receipt of the application by the Floodplain Administrator
unless the applicant has been notified that the permit is denied,,
conditionally approved, or additional information pertinent to the permit
review process is required.
15.24.160 Adoption of
Administrative Procedures The
Floodplain Administrator shall adopt such administrative procedures as may be
necessary to efficiently administer the provision of these regulations.
15.24.170 Maintenance
of Records The Floodplain
Administrator shall maintain such files and records as may be necessary to
document nonconforming uses, base flood elevations, flood-proofing and
elevation certifications, fee receipts, the issuance of permits, agenda,
minutes, records of public meetings, and any other matters related to
floodplain management in City of Dillon.
Such files and records shall be open for public inspection. In matters of litigation, the City of
A. The floodplain administrator may require
whatever additional information is necessary to determine whether the proposed
activity meets the requirements of these regulations. Additional information may include hydraulic
calculations assessing the impact on base flood elevations or velocities; level
survey; or certification by a registered land surveyor, professional engineer,
or licensed architect that the requirements of these regulations are satisfied.
B. Upon receipt of an application for a
permit or a variance, the Floodplain Administrator shall prepare a notice
containing the facts pertinent to the application and shall publish the notice
at least once in a newspaper of general circulation in the area. Notice shall also be served by first-class
mail upon adjacent property owners and the DNRC Floodplain Management
Section. The notice shall provide a
reasonable period of time, not less than 15 days, for interested parties to
submit comments on the proposed activity.
C. Copies of all permits granted must be
sent to the Department of Natural Resources and Conservation in
D. In riverine situations, notification by
the Floodplain Administrator must be made to adjacent communities, the
Floodplain Management Section (DNRC), and FEMA prior to any alteration or
relocation of a stream. The flood-carrying
capacity within the altered or relocated portion of any stream must be
maintained. Erosion control measures
shall be incorporated to ensure stability of altered channels and stream banks.
15.24.180 Permit
Applications
A. Activities or uses that require the
issuance of a permit, including the expansion or alteration of such uses, shall
not be initiated, established, or undertaken until a permit has been issued by
the Floodplain Administrator.
B. Permit applicants shall be required to
furnish the following information as deemed necessary by the Floodplain
Administrator for determining the suitability of the particular site for the
proposed use.
1. Plans in duplicate drawn to scale
(including dimensions) showing the nature, location, and elevation of the lot;
existing and proposed structure locations; fill, storage, or materials site;
flood-proofing measures; mean sea level elevation of first floor of proposed
structures; and location of the channel.
2. A plan view of the proposed development
indicating external dimensions of structures, street or road finished grade
elevations, well locations, individual sewage treatment and disposal sites,
excavation and/or fill quantity estimates/ and site plan and/or construction
plans.
3. Specifications for flood-proofing,
filling, excavating, grading, riprapping, storage of materials, and location of
utilities.
4. A professional engineer’s or registered
architect’s design calculations and certification that the proposed activity
has been designed to be in compliance with these regulations.
5. Certification of flood-proofing and/or
elevation shall be provided on a standard form available from the floodplain
administrator.
C. To
determine that the permit specifications and conditions have been completed, applicants
who have received permits are required to furnish the following at the time of
an on-site conformance inspection.
1. Certification by a registered
professional engineer or licensed land surveyor of the actual mean sea level
elevation of the lowest floor (including basement) of all new, altered, or
substantially improved buildings.
2. If flood-proofing techniques were used
for buildings, the mean sea level elevation to which the flood proofing was
accomplished must be certified by a structural engineer or licensed architect
in the same manner.
3. Certification shall also be required
for artificial obstructions, other than buildings, that the activity was
accomplished in accordance with these regulations and the design plans
submitted with the application for the permit activity. This certification may be waived by the
floodplain administrator if it can be clearly ascertained by a site inspection
that the activity was accomplished in accordance with these regulations.
4. Certification of flood-proofing and/or
elevation shall be provided on a standard form available from the floodplain
administrator.
15.24.190 Emergency
Waiver
A. Emergency
repair and replacement of severely damaged public transportation facilities,
public water and sewer facilities, and flood control works may be
authorized. Floodplain development
permit requirements may be waived if:
1. Upon notification and prior to the
emergency repair and/or replacement, the Floodplain Administrator determines that
an emergency condition exists warranting immediate action; and
2. The Floodplain Administrator agrees
upon the nature and type of proposed emergency repair and/or replacement.
B. Authorization
to undertake emergency repair and replacement work may be given verbally if the
Floodplain Administrator feels that such a written authorization would unduly
delay the emergency works. Such verbal
authorization must be followed by a written authorization describing the
emergency condition, and the type of emergency work agreed upon, and stating
that a verbal authorization had been previously given.
15.24.200 Review -
Variances-Appeals
A. There is hereby 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 flood-proofed;
e. a determination that reasonable
alternative 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 100-year floodplain elevation will result in increased
premium rates; and
c. such construction below the 100-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.
15.24.220 Violation
Notice The Floodplain
Administrator shall bring any violation of these regulations to the attention of
the local governing body; its legal council; and the Montana Department of
Natural Resources and Conservation.
15.24.230 Compliance
with Variance Any use, arrangement,
or construction not in compliance as authorized by permit, shall be deemed a violation
of these regulations and punishable as provided in 15.24.240. An applicant is required to submit
certification by a registered professional engineer, architect, land surveyor
or other qualified person designated by the Floodplain Administrator that
finished fill and lowest building floor elevations, flood proofing, hydraulic
design, or other flood protection measures were accomplished in compliance with
these regulations.
15.24.240 Penalties Violation of the provisions of these
regulations or failure to comply with any of the requirements, including permit
approval prior to development of flood prone lands and conditions and
safeguards established shall constitute a misdemeanor. Any person who violates these regulations or
fails to comply with any of its requirements shall, upon conviction be fined
not more than $100 or imprisoned in jail for not more than 10 days or
both. Each day’s continuance of a
violation shall be deemed a separate and distinct offense.
15.24.250 Emergency
Preparedness Planning In formulating
community development goals, the community shall consider the development of a
plan for evacuating residents of all manufactured home parks or subdivisions
located within flood prone areas. This
plan should be developed, filed with, and approved by appropriate community
emergency management authorities.
15.24.260 Specific
Standards
A. Applications: The minimum floodplain development standards
listed in this chapter apply to the floodway and floodway fringe portions of
the 100-year floodplain as delineated on the Flood Hazard Area Maps.
B. Floodway
1. Uses Allowed Without Permits: The following open-space uses shall be
allowed without a permit within the floodway, provided that such uses conform
to the provisions of 15.24.310 of these regulations; are not prohibited by any
other ordinance, resolution, or statute; and do not require fill, excavation,
permanent storage of materials, or equipment or structures other than portable
structures:
a. Agricultural uses
b. Accessory uses such as loading and
parking areas, or emergency landing strips associated with industrial and
commercial facilities;
c. Private and public recreational uses
such as golf courses, driving ranges, archery ranges, picnic grounds,
boat-launching ramps, parks, wildlife management and natural areas, game farms,
fish hatcheries, shooting preserves, target ranges, trap and skeet ranges,
hunting and fishing areas, and hiking or horseback riding trails;
d. Forestry, including processing of
forest products with portable equipment;
e. Residential uses such as lawns,
gardens, parking areas, and play areas;
f. Irrigation and livestock supply wells,
provided that they are located at least 500 feet from domestic water supply
wells;
g. Fences, except permanent fences crossing
channels; and
h. Recreational vehicles provided that
they be on the site for fewer than 180 consecutive days, or be fully licensed
and ready for highway use. A
recreational vehicle is ready for highway use if it is on its wheels or jacking
system with wheels intact, is attached to the site only by quick disconnect
type utilities and security devices, and has no permanently attached additions.
C. Uses
Requiring Permits: The following
artificial obstructions may be permitted in the floodway subject to the
issuance of a permit by the Floodplain Administrator:
1. Excavation
of material from pits and pools provided that:
a. buffer strip of undisturbed land is
left between the edge of the channel and the edge of the excavation. This buffer strip Must be of sufficient width
to prevent flood flows from channeling into the excavation;
b. the excavation meets all applicable
laws and regulations of other local and state agencies; and
c. excavated material is disposed of or stockpiled
outside the floodway.
2. Railroad, highway, and street stream
crossings provided the crossings are designed to offer minimal obstruction to
flood flow. Stream crossings shall not
increase the elevation of the 100-year flood more than one-half foot nor cause
a significant increase in flood velocities.
3. Limited filling for highway, street,
and railroad embankments not associated with stream crossings, provided that:
a. reasonable alternate transportation
routes outside the designated floodway are not available; and\
b. such floodway encroachment is located
as far from the stream channel as possible and shall not result in a cumulative
increase in base flood elevations, after allowable encroachments into the
floodway fringe, exceeding one-half foot.
4. Buried
or suspended utility transmission lines, provided that:
a. suspended utility transmission lines
are designed so the lowest point of the suspended line is at least 6 feet
higher than the base flood elevation;
b. towers and other appurtenant structures
are designed and placed to withstand and minimally obstruct flood flows; and
c. utility transmission lines carrying
toxic or flammable materials are buried to a depth of at least twice the
calculated maximum depth of scour for a 100-year flood. The maximum depth of scour shall be
determined by hydraulic engineering methods acceptable to the Floodplain
Administrator.
5.
Storage of materials and
equipment, provided that:
a. the material or equipment is not
subject to major damage by flooding and is properly anchored to prevent
floatation or downstream movement; or
b. the material or equipment is readily
movable within the limited time available after flood warning. Storage of flammable, toxic, hazardous, or
explosive materials shall not be permitted.
6. Domestic
water supply wells, provided that:
a. they are driven or drilled wells
located on ground higher than the surrounding ground to assure positive
drainage from the well;
b. well casings are water tight to a
distance of at least 25 feet below the ground surface;
c. water supply and electrical lines have
a watertight seal where the lines enter the casing;
d. all pumps, electrical lines, and
equipment are either submersible or adequately flood-proofed; and
e. check valves are installed on main
water lines at wells and at all building entry locations.
7. Buried and sealed vaults for sewage
disposal in recreational areas, provided they meet applicable laws and
standards administered by the Montana Department of Environmental Quality.
8. Public or private campgrounds provided
that:
a. access roads require only limited fill
and do not obstruct or divert flood waters; and
b. recreational vehicles and travel
trailers are licensed and ready for highway use. They are ready for highway use if on wheels
or jacking system with wheels intact, are attached to the site with only quick
disconnect type utilities and securing devices, and have no permanently
attached additions.
9. Structures
accessory to the uses permitted in this section such as boat docks, marinas,
sheds, picnic shelters, tables, and toilets provided that:
a. the structures are not intended for
human habitation;
b. the structures will have a low flood
damage potential;
c. the structures will, insofar as possible,
be located on ground higher than the surrounding ground and as far from the
channel as possible;
d. the flood-proofing standards of
15.24.310 are met; and
e. the structures will be constructed and
placed so as to offer minimal obstruction to flood flows and are anchored to
prevent floatation.
10. Substantial improvements to any structure
provided that the provisions of 15.24.270 B-3, 4, and 5 of these regulations
are met. In the floodway the structure
must be flood-proofed or elevated on a permanent foundation rather than on
fill.
11. All other artificial obstructions,
substantial improvements, or non-conforming uses not specifically listed or
prohibited by these regulations.
D. Permits
for Flood Control Works. Flood control
works shall be allowed within floodways subject to the issuance of a permit by
the Floodplain Administrator with the following conditions:
1.