(A) The county may grant a variance from technical requirements of this chapter provided the variance is consistent with sound floodplain management. The following factors will be considered as part of the variance request:
(1) The danger that materials may be swept onto other lands to the injury of others.
(2) The danger to life and property due to flooding or erosion damage.
(3) The susceptibility of the proposed development and its contents (if applicable) to flood damage and the effect of such damage on the individual owner.
(4) The importance of the services to the community provided by the proposed development.
(5) The availability of alternative locations for the proposed use which are not subject to, or are subject to less, flooding or erosion damage.
(6) The compatibility of the proposed use with existing and anticipated development.
(7) The relationship of the proposed use to the comprehensive plan and hazard mitigation plan for that area.
(8) The safety of access to the property in times of flood for passenger vehicles and emergency vehicles.
(9) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters.
(10) The costs of providing government services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
(11) The comments provided by MDE (NFIP State Coordinator) if applicable.
(B) A variance may be granted upon:
(1) A showing of good and sufficient cause. Good and sufficient cause deals solely with the physical characteristics of the property and cannot be based on the character of the improvement, the personal characteristics of the owner/inhabitants, or local provisions that regulate standards other than health and public safety;
(2) A determination that failure to grant a variance would result in exceptional hardship due to the physical characteristics of the property. Increased cost or inconvenience of meeting the requirements of these regulations does not constitute an exceptional hardship to the applicant;
(3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on, or victimization of the public, or conflict with existing local and state laws or ordinances; and
(4) A determination that the proposed structure or other development is protected by methods to minimize flood damages.
(C) The variance granted shall be the minimum necessary, considering the flood hazard, to afford relief and may contain specific conditions.
(D) In considering a variance application, comments from the NFIP Coordinating Office, Maryland Department of the Environment, shall be taken into account and maintained with the permit file.
(E) A variance may not be granted for the review process in this chapter.
(F) A letter shall be sent by the county to the applicant indicating the terms of the variance. If quantifiable and applicable, a statement relating the increased risk to life and property in granting the variance, and the increased premium rates for flood insurance coverage in any case in which the National Flood Insurance Program minimum regulations are not met will be included.
(2004 Code, § 114-16) (Ord. 04-04, passed 4-5-2004; Ord. 2014-10, passed 10-30-2014; Ord. 2015-07, passed 9-3-2015; Ord. 2022-09, passed 8-25-2022)