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.
Ord. 16-581
Ord. 21-020
The Floodplain (“FP”) Overlay Zoning District regulates the placement and use of structures and the use of land in the floodplain, with the design towards:
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.
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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>.
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Except as otherwise specifically limited or prohibited by this section or by other applicable law (<em>See </em><cite data-path="|32|§7-309">§ 7-309 of this subtitle</cite>), all uses allowed 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 conditional uses, a conditional use in a Floodplain Overlay 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>.
The only uses allowed in the Floodway are the following recreational facilities, but not including accessory buildings:athletic fields;
golf courses; and
parks.
Notwithstanding any other provision to the contrary, no public utility or government service use may be located in any floodplain if it:might impede, retard, or change the direction of the flow of water;
will catch or collect debris carried by the water; or
is placed where the natural flow of the stream or floodwaters would carry it downstream to the damage or detriment of any public or private property in or adjacent to the floodplain.
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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>
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In addition to the other requirements of this Code governing variances and conditional uses, the additional standards specified in paragraph (2) of this subsection apply to any variance or conditional use that involves any substantial improvement or new construction in a Floodplain Overlay Zoning District.
All variances and conditional uses described in paragraph (1) of this subsection are subject to the following additional standards:the variance or conditional use will not result in increased flood heights or additional danger to the public health, safety, or welfare;
the proposal is consistent with the need to minimize flood damage;
all necessary permits have been received from the appropriate state and federal agencies;
all public and private utilities and facilities (including sewer, water, telephone, electric, gas, etc.) are located and constructed to minimize or eliminate flood damage;
adequate drainage is provided to reduce exposure to flood hazard; and
the variance or conditional use is necessary because of extraordinary circumstances in local conditions that render the application of certain standards a severe hardship.
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:construction below the base flood level may result in increased premium rates for flood insurance; and
construction below the base flood level increases risks to life and property.
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Ord. 17-015
A zoning authorization for property that is near a delineated floodplain or near any other land later discovered to be a floodplain:
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.
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The Floodplain Overlay Zoning District is also subject to the standards, limitations, and prohibitions set forth in other applicable laws governing floodplains and flood hazard areas, including:
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>.
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