1-19-9.120 Procedure for Activities within the FEMA Floodplain
(A) The Board of Appeals shall review the following activities within the FEMA floodplain: substantial improvements, substantial improvements due to existing structures substantial damage, replacement or relocated dwelling units (including manufactured homes), the addition of accessory buildings, the expansion or replacement of an existing nonconforming use, or development of an existing parcel of record lying totally within the FEMA floodplain. Applications to allow new structures or fill to be placed in the floodway shall not be considered. The Board of Appeals may grant an application for approval for activity within the FEMA floodplain when the Board specifically finds that:
(1) Failure to grant the application for approval would result in exceptional hardship to the applicant; and
(2) The granting of an application for approval would not increase flood heights, add threats to public safety, result in extraordinary public expense, create nuisances, cause fraud or victimization of the public or conflict with existing local laws or ordinances; and
(3) The granting of an application for approval would not allow new structures or fill to be placed in the floodway; and
(4) The granting of an application for approval is the minimum necessary considering the flood hazard to provide relief and that public funds may not be available to mitigate the results of the approval; and
(5) All new structures and substantial improvements to existing structures will have the lowest floor elevated to the greatest extent possible with respect to the 100 year flood elevation, but at least to the Flood Protection Elevation, and a FEMA elevation certificate filed. In addition, all structures, including manufactured homes, must be firmly anchored in accordance with acceptable engineering practices (i.e., FEMA publication 85 "Manufactured Home Installation in Flood Hazard Areas"); and
(6) The granting of a permit by the Maryland Department of the Environment if located within a FEMA floodplain; and
(7) The action is duly recorded with the deed of the property on which the application for approval is granted prior to the issuance of a building permit. Any expense incurred by the recording is the responsibility of the applicant.
(8) The Board of Appeals shall not grant approval of the above activities for lots containing floodplain created after June 6, 1989.
(B) The Board of Appeals will notify the applicant of approval in writing through the Zoning Administrator. The decision of approval and findings shall include the notification that:
(1) The issuance of a decision to allow construction of a structure below the 100 year flood level will result in increased premium rates for flood insurance;
(2) Such construction below the 100 year flood level increases risks to life and property.
(C) The Board of Appeals will maintain a record of all decisions, including justification for their issuance, and the Zoning Administrator will report such decisions in the county biennial reports submitted to the Federal Emergency Management Agency.
(Ord. 92-04-039, 2-18-1992; Ord. 07-29-469, 9-4-2007)