City of Baltimore
Baltimore City Code

§ 5-201. Introduction of proposed authorization.

(a) Introduction by ordinance.

A member of the City Council may introduce a proposed ordinance to expressly approve, authorize, or amend:

(1) a major variance;

(2) a conditional use;

(3) a text amendment;

(4) a map amendment;

(5) an educational campus master plan;

(6) a hospital general development plan;

(7) an area of special sign control; or

(8) a planned unit development.

(b) Introduction by application.

(1) Notwithstanding subsection (a) of this section, a person must file an application under this subsection to request:

(i) a minor variance;

(ii) a major variance that, at the time of filing, is not the subject of legislation before the City Council;

(iii) a conditional use that, at the time of filing, is not the subject of legislation before the City Council;

(iv) a use permit;

(v) a zoning appeal; and

(vi) a zoning consultation.

(2) An application for a variance, conditional use, use permit, or zoning appeal must be filed by:

(i) the owner of property to which the application applies; or

(ii) a person expressly authorized by the owner in writing.

(3) An application for a zoning interpretation must be filed by:

(i) an owner of any property in the City;

(ii) a person expressly authorized by a property owner in writing; or

(iii) any City Councilmember or other official of City government.

(c) Filing.

(1) An application for a conditional use, conditional sign, or appeal from the Zoning Administrator must be filed with BMZA. All other applications must be filed with the Zoning Administrator

(2) An application must be:

(i) on the form provided by the City; and

(ii) filed with the number of copies that the instructions specify.

(3) The application must include the information, plans, and data specified by the City's application requirements and sufficient to determine whether the application conforms with the requirements of this Code.

(4) All plans must be at a scale sufficient to permit a clear and precise understanding of the proposal.

(d) Traffic mitigation.

(1) Referral to DoT.

Within 15 business days of receiving a completed application, the Zoning Administrator or the BMZA, as the case might be, must refer the application and all accompanying documents to the Director of Transportation, if:

(i) traffic-mitigation requirements for the proposed structure or use have not already been complied with in accordance with this Code or the City Building, Fire, and Related Codes Article; and

(ii) the proposed structure or use:

(A) is in a Traffic-Mitigation Zone designated in Building Code§ 3805 {"Traffic-Mitigation Zones"} and involves 10 or more dwelling units;

(B) involves 15,000 sq. ft. or more of gross floor area; or

(C) involves 50 or more dwelling units.

(2) Mitigation required.

A Traffic-Impact Study or the payment of a Traffic-Mitigation Fee is required if any 1 of the criteria specified in Building Code§ 3802 {"Scope of Chapter"} applies.

(3) Procedures and conduct.

The Director of Transportation must review the application as provided in Building Code3802 {"Scope of Chapter"}.

(4) Mitigation procedure.

If the Director of Transportation informs the applicant that traffic mitigation is required under Building Code Chapter 38 {"Traffic Impact and Mitigation"}, the applicant must comply with the applicable procedures and requirements of that chapter.

(e) Required site plan and drawings.

(1) Applications for a conditional use, variance, or design review must be accompanied by a site plan.

(2) The site plan must:

(i) be drawn to scale and fully dimensioned;

(ii) indicate the lot and block, or the relevant portions of them;

(iii) show the ground area, height, and bulk of the structure, and the location of the structure in relation to the lot lines;

(iv) indicate the use to be made of the structure or land; and

(v) include any other information that the Zoning Administrator requires for the proper administration and enforcement of this Code.