Applications for variances may be considered by the Planning Department, after a review by the City agencies responsible for stormwater management and erosion control, for the following: functionally dependent uses; all necessary City utilities in the Floodway or the Coastal High Hazard Area; and substantial improvements to an existing structure in the Floodway. City Code, 1976/83, art. 7, §7(a) 2000, art. 7, §5-1 Ord. 88-188 Ord. 92-134 Ord. 14-208 Ord. 21-020

A variance may not be granted for: the placement of fill in the Floodway or the Coastal High Hazard Area unless approved by appropriate Federal and State agencies; new construction of any principal structure in the Floodway or the Coastal High Hazard Area; or manufactured homes or buildings within the Floodway and Coastal High Hazard Area. City Code, 1976/83, art. 7, §7(b) 2000, art. 7, §5-2 Ord. 88-188 Ord. 14-208

The Floodplain Manager must:request the NFIP State Coordinator, Maryland Department of the Environment, to comment on variance applications; and submit those comments, when received, to the Director of the Planning Department. In considering a variance application, the Planning Department must consider and make findings of fact on all evaluations, relevant factors, and requirements specified in this Division I, including:.the danger that materials may be swept onto other lands to the injury of others; the danger to life and property due to flooding or erosion damage; the susceptibility of the proposed development and its contents to flood damage and the effect of that damage on the individual owner; the importance of the services to the community provided by the proposed development; the availability of alternative locations for the proposed use that are not subject to or are subject to less flooding or erosion damage; the need of a waterfront location for the proposed use and whether the proposed use is a functionally dependent use; the compatibility of the proposed use with existing and anticipated development; the relationship of the proposed use to the comprehensive plan for that area; the safety of access to the property in times of flood for passenger vehicles and emergency vehicles; expected heights, velocity, duration, rate of rise, and sediment transport of floodwaters and the effects of wave action, if applicable, expected at the site; the costs of providing government services during and after flood conditions, including maintenance and repair of public utilities and facilities, such as streets, bridges, and sewer, gas, electrical, and water systems; the comments provided by NFIP State Coordinator; and the intent of environmental projects taking place on public land, including associated benefits and co-benefits. Ord. 14-208 Ord. 21-020

The Planning Department may make an affirmative decision on a variance request only on: a showing of good and sufficient cause; a determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the property (for which determination, increased cost or inconvenience of meeting the requirements of this Division I does not constitute an “exceptional hardship”); a determination that the granting of a variance for development within a designated floodway, or within a Special Flood Hazard Area with base-flood elevations but no designated floodway, will not result in increased flood heights beyond that which is allowed by this Division I; a determination that the granting of a variance will not result in additional threats to public safety, extraordinary public expense, nuisances, fraud or victimization of the public, or conflict with existing local laws; a determination that the structure or other development is protected by methods to minimize flood damage; and a determination that the variance is the minimum necessary to afford relief, considering the flood hazard. City Code, 1976/83, art. 7, §7(c) 2000, art. 7, §5-3 Ord. 88-188 Ord. 11-516 Ord. 14-208

The application for a variance must be submitted to the Planning Department and, to the greatest extent possible, must comply with the provisions of this Division I. The Planning Department must notify the applicant, in writing:of the increased premium rates for flood insurance; and that construction below the level of the base flood increases risks to life and property. This notification must be maintained as part of the record required in <cite data-path="|7|§5-7">§ 5-7 {“Record of variance actions”} of this subtitle</cite>. City Code, 1976/83, art. 7, §7(e), (f) 2000, art. 7, §5-5 Ord. 88-188 Ord. 11-516 Ord. 14-208

The owner of any accessory structure for which a variance is granted must sign an agreement that the structure will never be converted to any use other than for parking vehicles or limited storage, and the deed restriction must be recorded with the Land Records. City Code, 1976/83, art. 7, §7(g) 2000, art. 7, §5-6 Ord. 88-188 Ord. 14-208 Ord. 21-020

A record of all variance actions, including the justification for their issuance, must be: maintained by the Planning Department; included in the bi-annual report submitted to the Federal Insurance Administrator; and available on request to the Federal Emergency Management Agency or its authorized agent during periodic assessments of Baltimore City’s participation in the National Flood Insurance Program. City Code, 1976/83, art. 7, §7(h) 2000, art. 7, §5-7 Ord. 88-188 Ord. 14-208

Notice of the flood hazard and the variance action must be placed on the deed that conveys title to land on which construction has occurred under this subtitle. City Code, 1976/83, art. 7, §7(j) 2000, art. 7, §5-9 Ord. 88-188 Ord. 92-134 Ord. 14-208