Title 18
Nonconformities
Subtitle 1
Purpose of Title
§ 18-101. Purpose.
(a) Background.
This Code establishes separate districts, each of which is an appropriate area for the location of the uses and structures that are allowed in that district. Consistent with the establishment of those districts, all uses and structures incompatible with allowed uses and structures must be strictly regulated and properly controlled.
(b) Regulation.
This title provides for the regulation of nonconforming uses and structures existing in the various districts. Specifically, this title regulates the continuance of nonconforming uses, structures, lots, and signs.
Subtitle 2
Definitions; General Provisions
§ 18-201. Definitions.
(a) In general.
In this title, the following terms have the meanings indicated.
(b) Nonconforming lot.
"Nonconforming lot" means a lawfully existing lot that, as of the effective date of this Code (June 5, 2017) or the effective date of an amendment to this Code, does not comply with the lot area or lot width regulations applicable to the district in which it is located.
(c) Nonconforming structure.
"Nonconforming structure" means a lawfully existing structure that, as of the effective date of this Code (June 5, 2017) or the effective date of an amendment to this Code, does not comply with the bulk, yard, or other regulations applicable to the district in which it is located.
(d) Nonconforming use.
"Nonconforming use" means a lawfully existing use of a structure or of land that, as of the effective date of this Code (June 5, 2017) or the effective date of an amendment to this Code, does not conform to the use regulations applicable to the district in which it is located.
§ 18-202. Authority to continue.
(a) Legal use, structure, or lot.
Except as otherwise specified in this title, any use, structure, or lot that existed as a lawful nonconforming use, structure, or lot as of June 5, 2017, and any use, structure, or lot that has been made nonconforming because of the terms of this Code or any subsequent amendment to this Code, may continue subject to the provisions of this title so long as it remains otherwise lawful.
(b) Unlawful use or structure.
A use or structure that was unlawful as of June 5, 2017, remains unlawful to the extent that the use or structure conflicts with any of the requirements of this Code or of the Baltimore City Building, Fire, and Related Codes Article, including the requirements to obtain a use permit and an occupancy permit.
§ 18-203. Safety regulations.
All police power laws and regulations enacted to promote the public health, safety, and welfare, including all building, fire, and health codes, apply to nonconforming structures.
§ 18-204. Nonconformity not established by casual, etc., uses.
A casual, temporary, or unlawful use of any land or structure does not establish any nonconforming use, nonconforming density, or other form of nonconformity.
§ 18-205. Nonconformity with off-street parking requirements.
No use may be construed as nonconforming solely by reason of nonconformance with the off-street parking requirements of this Code.
§ 18-206. Determination of nonconformity.
(a) By BMZA.
Whether a nonconforming use, nonconforming density, or other form of nonconformity exists is a question of fact that, except as specified in subsection (b) of this section, must be decided by the Board of Municipal and Zoning Appeals after public notice and hearing and in accordance with the rules of the Board.
(b) By Administrator.
The Zoning Administrator may issue a use permit, without referring the matter to the Board of Municipal and Zoning Appeals, if:
(1) permits, ordinances, the Police Survey of 1931, or other records on file with the Zoning Administrator:
(i) document the existence of a lawful nonconforming use, nonconforming density, or other nonconformance; and
(ii) clearly show its continued and uninterrupted use to the date of inquiry or application; and
(2) a field inspection of the construction, design, and arrangement of the structure or use in question confirms these records.
§ 18-207. Expiration of approval.
(a) Any authorization to reestablish or continue a nonconforming use, density, or other nonconformity lapses and becomes void 1 year from the date of its final approval, unless within that year:
(1) a use permit under this Code and an occupancy permit under the Baltimore City Building Code have been obtained for that use;
(2) the erection or alteration of a structure for that use has lawfully begun; or
(3) the use has lawfully begun.
(b) The Board of Municipal and Zoning Appeals may grant an extension of this period, as established under subsection (a), by not more than 18 months on written application and for good cause shown without notice or hearing.
Subtitle 3
Nonconforming Uses
§ 18-301. Continuation.
Except as otherwise specified in this Code, nonconforming uses may be continued, subject to the regulations of this subtitle.
§ 18-302. Expansion of use or structure.
(a) In general.
A nonconforming use may not be expanded in any manner, nor may any structure be erected or expanded, unless the use of the land and the structure are made to conform to the regulations of the district in which they are located.
(b) Exception.
For a nonconforming use or structure in a Commercial, Industrial, or TOD District, the Zoning Board may authorize by variance an expansion of the gross floor area of the use or structure by up to 25% of that which lawfully existed as of June 5, 2017.
§ 18-303. Repairs and alterations.
(a) Maintenance and repairs.
Normal maintenance and incidental repair may be performed on any structure that is devoted in whole or in part to a nonconforming use, as long as the maintenance or repair will not, in any way, create any new nonconformity, increase the degree of any nonconformity, or increase the bulk of the structure.
(b) Structural alterations.
No structural alteration may be performed on any structure devoted to a nonconforming use, unless:
(1) the alteration is required by law;
(2) the alteration is necessary to restore the structure to a safe condition on order of any official charged with protecting the public safety;
(3) the alteration is for the purpose of bringing about a conforming use; or
(4) the alteration will not, in any way, create any new nonconformity, increase the degree of any nonconformity, or increase the bulk of the structure.
§ 18-304. Restoration of damaged structures.
(a) In general.
If a structure containing a nonconforming use is damage or destroyed or if a nonconforming sign is damaged or destroyed, the structure or sign may be repaired or reconstructed and the nonconforming use or sign re-established as long as no new nonconformities are created and the existing degree of any nonconformity is not increased.
(b) Timely restoration required.
(1) A building permit must be obtained for the repair or reconstruction within 1 year of the date of the damage or destruction.
(2) The Board of Municipal and Zoning Appeals may grant an extension of this period.
(c) Effect of failure to act timely.
If a building permit is not obtained within the time required by this section or the repairs not completed within 1 year of the issuance of the building permit, then the use may not be reestablished unless the structure and the use conform to all regulations of the district in which they are located.
§ 18-305. Relocation.
(a) On same lot.
(1) A nonconforming structure or use may not be relocated, in whole or in part, to any other location on the same lot.
(2) A nonconforming freestanding pole sign that is 300 square feet or larger that is either damaged or destroyed pursuant to § 18-304(a) may be relocated by no more than 15 feet in any direction from its original location.
(b) To another lot.
A nonconforming use may be relocated to another lot only if the use conforms to all regulations of the zoning district in which the new lot is located, including all use regulations.
§ 18-306. Change of use.
(a) Change described.
A change of use occurs when an existing nonconforming use has been terminated and another use has commenced.
(b) When change allowed.
A nonconforming use may not be changed to any other use except one that is allowed within the zoning district in which it is located.
(c) Reversion prohibited.
(1) In general.
When a nonconforming use has been changed, in whole or in part, to an allowed use, the whole or part that has been made to conform may not later be changed back to a nonconforming use.
(2) Exceptions.
In the R-1A, R-1B, R-1C, R-1D, R1-E, R-1, R-2, R-3, and R-4 zoning districts the zoning administrator may authorize the reestablishment of a residential nonconforming multifamily use that has lapsed up to the same number of units or a number less than the number of units that were legally established, if:
(i) the unit was a legally established multi-family dwelling unit; and
(ii) the structure was not altered to become a single-family dwelling unit.
(d) Violation constitutes abandonment.
Any change in use that violates this Code constitutes an abandonment of the previously existing nonconforming use.
§ 18-307. Discontinuance or abandonment.
(a) Discontinuance of use.
Whenever the active and continuous operation of any nonconforming use, or any part of that use, has been discontinued for 12 consecutive months:
(1) the discontinuance constitutes an abandonment of the discontinued nonconforming use, or discontinued part of that use, regardless of any reservation of an intent to resume active operations or otherwise not abandon the use; and
(2) the discontinued nonconforming use, or discontinued part of that use:
(i) may not be reestablished; and
(ii) any subsequent use of any part of the land or structure previously used for the discontinued use, or discontinued part of that use, must conform to the regulations of the district in which the land or structure is located.
(b) Abandonment of use.
If, at any time, actual abandonment in fact is evidenced by removal of structures, machinery, or equipment, or by alterations that indicate a change in the use of any part of the land or structure:
(1) that action constitutes an abandonment of the nonconforming use, or affected part of that use; and
(2) all rights to continue or reestablish the nonconforming use, or part of that use, immediately terminate.
(c) Report to Zoning Administrator.
(1) In general.
If a person reasonably believes that a nonconforming use has been, in whole or in part, discontinued or abandoned as described under this section, the person may file a report with the Zoning Administrator.
(2) Contents.
The report shall contain:
(i) the location of the discontinued or abandoned use;
(ii) a description of the discontinued or abandoned use;
(iii) the date the person last observed the use;
(iv) a statement by the person affirming that the person reasonably believes the use describe in subparagraph (ii) of this paragraph has not occurred in the past 12 months; and
(v) the signature or signatures of the person reporting the discontinued or abandoned use.
(3) Zoning Administrator to investigate.
Upon receipt of a complaint issued under this subsection, the Zoning Administrator shall inspect structures and uses of land to determine compliance with this Code and, where violations are found, initiate action to secure compliance.
18-308 to 18-309. {Reserved}
§ 18-310. Junk or scrap storage and yards; Vehicle dismantling facilities; Landfills.
(a) Status.
A junk or scrap storage and yard, a vehicle dismantling facility, or a landfill lawfully existing as of June 5, 2017, is considered a lawful nonconforming conditional use, subject to the conditions and restrictions previously imposed.
(b) Modifications – Junk ... yards; Vehicle dismantling.
For a lawful nonconforming junk or scrap storage and yard or a lawful nonconforming vehicle dismantling facility:
(1) structural alterations are permitted; and
(2) an expansion of no more than 25% in land area is allowed if, in addition to any conditions and restrictions previously imposed:
(i) the expansion is onto a property that is no more than 750 feet from the property line of the junk or scrap storage and yard or the vehicle dismantling facility; and
(ii) the expansion is onto the portion of that property that is closest to the existing use.
(c) Modifications – Landfills.
For a lawful nonconforming landfill:
(1) structural alterations are permitted; and
(2) an expansion of no more than 35% in land area is allowed if, in addition to any conditions and restrictions previously imposed:
(i) the expansion is onto a property that is no more than 750 feet from the property line of the landfill; and
(ii) the expansion is onto the portion of that property that is closest to the existing use.
(d) Lot subdivision or consolidation.
The area to be used for the expansion must be subdivided into a separate lot or, if possible, consolidated as part of the existing junk or scrap storage and yard, vehicle dismantling facility, or landfill to avoid having a use allowed on a portion of a lot but not on the whole lot.
Subtitle 4
Nonconforming Structures
§ 18-401. Application of subtitle.
(a) Subtitle inapplicable to nonconforming signs.
This subtitle does not apply to nonconforming signs. Nonconforming signs are instead regulated by Subtitle 5 of this title.
(b) Nonconforming structure devoted to nonconforming use.
(1) If a nonconforming structure is also devoted in whole or in part to a nonconforming use, the structure is subject to both:
(i) the provisions of this title that govern nonconforming uses; and
(ii) the provisions of this subtitle.
(2) In the event of any conflict or inconsistency between the provisions that govern nonconforming uses and the provisions of this subtitle, the provisions that govern nonconforming uses control.
§ 18-402. Continuation.
Except as otherwise specified in this Code, nonconforming structures may be continued, subject to the requirements of this subtitle.
§ 18-403. Expansion of structure.
A nonconforming structure may not be expanded if the expansion would, create a new nonconformity or increase the degree of any nonconformity.
§ 18-404. Repairs and alterations.
(a) Maintenance and repairs.
Normal maintenance and incidental repair may be performed on any nonconforming structure, as long as the maintenance or repair will not, in any way, create any new nonconformity, increase the degree of any nonconformity, or increase the bulk of the structure.
(b) Structural alterations.
No structural alterations may be performed on any nonconforming structure, unless:
(1) the alteration is required by law;
(2) the alteration is necessary to restore the structure to a safe condition on order of any official charged with protecting the public safety;
(3) the alteration will result in eliminating the nonconformity; or
(4) the alteration will not, in any way, create any new nonconformity, increase the degree of any nonconformity, or increase the bulk of the structure.
§ 18-405. Restoration of damaged structures.
(a) In general.
If a nonconforming structure is damaged or destroyed, the structure may be repaired or reconstructed as long as no new nonconformities are created and the existing degree of nonconformity is not increased.
(b) Timely restoration required.
(1) A building permit must be obtained for the repair or reconstruction within 2 years of the date of the damage or destruction.
(2) The Board of Municipal and Zoning Appeals may grant an extension of this period.
(c) Effect of failure to act timely.
If the building permit is not obtained within the time required by this section or the repairs not completed within 1 year of the issuance of the building permit, then the structure may not be restored unless the structure conforms to all regulations of the district in which it is located.
§ 18-406. Relocation.
A nonconforming structure may not be moved, in whole or in part, to any other location on the lot, unless the structure or the moved part of the structure is made to comply with the bulk and yard regulations of the district in which the structure is located.
18-407 to 18-410. {Reserved}
§ 18-411. Exceptions – Administrative bulk adjustments.
(a) In general.
A minor expansion of a nonconforming structure may be made with the administrative approval of the Zoning Administrator, as provided in this section.
(b) Application; Certifications.
(1) An application under this section must be filed by the property owner or with the written consent of the property owner.
(2) The application must be filed with the Zoning Administrator, in the form and with the information and accompanying plans that the Zoning Administrator requires.
(3) The application must include a certification by the property owner:
(i) that the structure is a nonconforming structure; and
(ii) that a copy of the application has been given to the owners of the adjoining properties.
(4) On receipt of an application, the Zoning Administrator must promptly refer it to the Director of Planning for design review.
(c) Review and approval.
The Planning Director may recommend approval of the application if, after design review, the Director finds that the proposal:
(1) is in harmony with the general character, arrangement, design, and architectural features of similar buildings within a radius of 300 feet;
(2) is not contrary to the public interest; and
(3) is consistent with the purposes and intent of this Code.
(d) Imposition of conditions.
To the extent necessary or desirable to reduce or minimize any effect of a proposed expansion on other properties in the neighborhood, the Planning Director may recommend:
(1) requiring changes in any design or plan of any existing structure or any alteration of the structure; and
(2) imposing conditions, restrictions, and limitations governing:
(i) screening or fencing;
(ii) type of lighting; and
(iii) any other relevant matter.
(e) Final decision.
(1) A copy of the Planning Director's recommendation on the application must be filed with the Zoning Administrator.
(2) When issued, the Director's decision constitutes a recommendation to the Zoning Administrator. The Zoning Administrator's decision is a final decision for purposes of administrative appeal under Title 19, Subtitle 3 {"Administrative and Judicial Review"} of this Code.
(f) Compliance required.
(1) Failure to comply with any change, condition, restriction, or limitation imposed under this section constitutes a violation of this Code.
(2) No condition, restriction, or limitation imposed under this section may be changed unless, on the filing of a new application, that change is authorized under this section.
§ 18-412. Exceptions – Multi-family structures.
(a) Scope.
(1) Except as provided in paragraph (2) of this subsection, this section applies to any structure that:
(i) at any time, with or without authorization of the Board of Municipal and Zoning Appeals, has been converted for 4 or more dwelling units or, if originally built for 4 or more dwelling units, has been converted to increase the number of dwelling units; and
(ii) now fails to comply with the minimum lot area requirements of the district in which it is located.
(2) This section does not apply to any nonconforming structure that:
(i) in compliance with this Code or before June 5, 2017, was originally designed and built as a multi-family dwelling for 4 or more dwelling units, as evidenced by permits or records of the City; and
(ii) has not been altered, added to, or subdivided in any way that increases the number of dwelling units to more than the maximum now allowed under this Code.
(b) Discontinuance of dwelling unit.
Whenever the active and continuous use of a dwelling unit in a nonconforming multi-family structure subject to this section has been discontinued for 12 consecutive months:
(1) the discontinuance constitutes an abandonment of that dwelling unit, regardless of any reservation of an intent to resume active use of or to reoccupy the unit or otherwise not to abandon it; and
(2) the number of dwelling units allowed to continue in the structure is reduced by 1.
(c) Abandonment of dwelling unit.
If, at any time, actual abandonment is in fact is evidenced by removal of plumbing or kitchen facilities, by alterations that indicate an abandonment of any nonconforming dwelling unit, including consolidation with another dwelling unit, or by the issuance of a use permit for fewer dwelling units:
(1) that action constitutes an abandonment of the dwelling unit;
(2) all rights to continue or reestablish the previous number of dwelling units immediately terminate; and
(3) the number of dwelling units allowed to continue in the structure is reduced by 1.
(d) Exceptions.
This section does not apply to § 18-306(c) {"Change of use . . . Reversion prohibited."} of this Code.
§ 18-413. Structures in Hospital Campus District.
All lawfully existing structures that, as of June 5, 2017, are located in a Hospital Campus Zoning District are considered to be conforming structures.
Subtitle 5
Nonconforming Signs
§ 18-501. In general.
Signs that were lawful when erected but no longer conform to the requirements of this Code must comply with the following regulations.
§ 18-502. Alterations, replacements, relocations, etc.
Any nonconforming sign may be structurally altered, reconstructed, replaced, or relocated, as long as the alteration, reconstruction, replacement, or relocation does not result in:
(1) an increase in the area or any dimension of the sign;
(2) an increase in the degree of illumination of the sign;
(3) the addition of:
(i) any moving, rotating or otherwise animated part; or
(ii) any flashing, blinking, fluctuating, or otherwise animated light; or
(4) any other increase in the degree of the sign's nonconformity.
§ 18-503. Restoration of damaged signs.
If a nonconforming sign is damaged or destroyed to the extent of more than 50% of the sign's fair market value immediately preceding the damage, the sign may not be repaired or reconstructed unless it will then conform to all applicable regulations for the district.
§ 18-504. Continuance of certain nonconforming billboards.
Any legal nonconforming billboard, as of June 5, 2017, may continue to follow the rule in § 11-207(c)(9) and (10) of the Zoning Code of Baltimore City that was in effect on June 4, 2017.
Subtitle 6
Nonconforming Lots
§ 18-601. Construction of single-family dwelling.
(a) Scope.
This section does not apply in an Industrial District.
(b) When allowed.
On a nonconforming lot that was established before June 5, 2017, a single-family dwelling may be erected regardless of the minimum lot area requirements imposed by this Code as long as:
(1) the nonconforming lot meets all other requirements of this Code; and
(2) the owner of the nonconforming lot does not also own any abutting lot that can be consolidated with the nonconforming lot.
Subtitle 7
Mandatory Termination of Certain Uses
§ 18-701. Retail goods establishment – with alcoholic beverage sales.
(a) In general.
Except as provided in subsection (b) of this section, retail goods establishments with alcoholic beverage sales in a residential district must be terminated as follows:
(1) for an establishment with alcoholic beverage sales that existed as a lawful nonconforming use before June 5, 2017, no later than June 4, 2019, notwithstanding the issuance of any prior use permit as a nonconforming package goods liquor store; and
(2) for an establishment that becomes nonconforming on or after June 5, 2017, whether by the enactment of this Code, by the enactment of an amendment to this Code, or by the reclassification of the property, no later than 3 years after the date on which the use became nonconforming.
(b) Waiver for hardship.
(1) Board Authority.
The Board of Municipal and Zoning Appeals may extend by an additional 2 years the time by which a retail goods establishment with alcoholic beverage sales must terminate the nonconforming use.
(2) Timely application.
To obtain an extension, the property owner or lessee must apply to the Board, in writing, within 1 year after the effective date of this Code (June 5, 2017), of the amendment to this Code, or of the property reclassification, as the case may be.
(3) General considerations.
(i) For nonconforming uses existing before June 5, 2017, the property owner or lessee seeking an extension must establish the existence of one of the following factors that would render termination within the time required by subsection (a) of this section a hardship:
(A) purchase of the property after January 1, 2008, and before April 1, 2012;
(B) investment in capital improvements to the property in excess of $100,000 after June 30, 2007, and before April 1, 2012; or
(C) a lease that was entered into before April 1, 2012, has a term remaining in excess of 10 years, and is not terminable by the lessee because of zoning changes prohibiting the use.
(ii) For all other uses that become nonconforming, whether by enactment of this Code, by the enactment of an amendment to this Code, or by reclassification of the property, the property owner or lessee seeking an extension must establish the existence of one of the following factors that would render termination within the time required by subsection (a) of this section a hardship:
(A) purchase of the property within the 5 years immediately preceding the enactment of this Code, the enactment of the amendment to this Code, or the enactment of the property reclassification, as the case may be;
(B) investment in capital improvements to the property in excess of $100,000 after June 30, 2007, and before April 1, 2012; or
(C) a lease that was entered into before April 1, 2012, has a term remaining in excess of 10 years, and is not terminable by the lessee because of zoning changes prohibiting the use.
§ 18-702. Taverns.
(a) In general.
Nonconforming taverns must either:
(1) fully comply with § 14-337 {"Taverns"} within 2 years after they become nonconforming; or
(2) be terminated.
(b) Waiver for hardship.
A waiver extending the time for compliance based on hardship may be applied for in accordance with § 18-701(b) {"Retail good establishments...: Waiver for hardship"} of this subtitle.