Subtitle 3 – Floodplain Overlay Zoning District

In this subtitle, the following terms have the meanings indicated.

“Floodplain” has the meaning stated in City Code <cite data-path="|7|§1-2|(v)">Article 7 {“Natural Resources”}, § 1-2(v) {“Definitions: Floodplain”}</cite>.

“Floodplain maps” means the series of maps and profiles known as the Flood Insurance Rate Maps and Flood Insurance Study for the City of Baltimore, dated June 16, 2021, as prepared, revised, or amended from time to time for the Federal Emergency Management Agency, Flood Insurance Administrator in accordance with City Code <cite data-path="|7">Article 7</cite>, Division I {“Floodplain Management”}.

“Floodplain Overlay Zoning District”, “Floodplain District”, or “Overlay District” means all areas shown as floodplains on the floodplain maps.

protecting human life and health;

minimizing damage to public and private property;

preventing or minimizing future flood damage;

protecting the public water supply and sanitary sewage disposal systems;

preserving natural drainage systems; and

reducing financial burdens imposed on the City and its citizens.

The Floodplain Overlay Zoning District is divided into the following 6 subdistricts, each designating a measurable degree of flood hazard, as delineated on the floodplain maps.

The Floodway comprises that part of the Overlay District that is described in City Code <cite data-path="|7|§2-2|(b)">Article 7, § 2-2(b) {“Subdistricts: Floodway”}</cite>.

The Floodway Fringe comprises those lands within the Overlay District that are described in City Code <cite data-path="|7|§2-2|(c)">Article 7, § 2-2(c) {“Subdistricts: Floodway Fringe”}</cite>.

The Approximated Floodplain comprises those lands within the Overlay District that are described in City Code <cite data-path="|7|§2-2|(d)">Article 7, § 2-2(d) {“Subdistricts: Approximated Floodplain”}</cite>.

The Coastal Floodplain comprises those lands within the Overlay District that are described in City Code <cite data-path="|7|§2-2|(e)">Article 7, § 2-2(e) {“Subdistricts: Coastal Floodplain”}</cite>.

The Coastal High Hazard Area comprises those lands within the Overlay District that are described in City Code <cite data-path="|7|§2-2|(f)">Article 7, § 2-2(f) {“Subdistricts: Coastal High Hazard Area”}</cite>.

The flood resilience area comprises those lands within the Overlay District that are described in City Code <cite data-path="|7|§2-2|(g)">Article 7, § 2-2(g) {“Subdistricts: Flood Resilience Area”}</cite>.

The only uses allowed in the Floodway are the following recreational facilities, but not including accessory buildings:

Notwithstanding any other provision to the contrary, no public utility or government service use may be located in any floodplain if it:

The bulk and yard regulations applicable to properties in a Floodplain Overlay Zoning District are as otherwise provided in this Code for the underlying zoning district.

In addition to the general requirements of this Code governing variances, a variance in a Floodplain Overlay Zoning District is subject to the standards and procedures contained in <cite data-path="|32|§7-306">§ 7-306 {“Variances and conditional uses”} of this subtitle</cite><strong>.</strong>

If the Board of Municipal and Zoning Appeals grants a variance or conditional use under this section, the Board must attach to its decision a warning that:

is not a representation, guarantee, or warranty of any kind that the property is not in a floodplain; and

may not be used to impose any liability on the City, its elected or appointed officials, or its employees.

City Code <cite data-path="|7">Article 7</cite>, Division I {“Floodplain Management”}; and

the <cite data-path="|building-codes">City Building, Fire, and Related Codes Article</cite>.