Title 5
Applications and Authorizations
Subtitle 1
Purpose of Title
§ 5-101. Purpose.
The purpose of this title is to set out the general regulations governing zoning applications, variances, conditional uses, text and map amendments, notices, use permits, interpretations, and verifications.
Subtitle 2
Applications
§ 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.
§ 5-202. Completeness review.
(a) Administrator or Board to examine.
(1) The Zoning Administrator or the Executive Director of the BMZA, as the case might be, must examine all applications within 10 days after filing.
(2) An application is not considered complete unless, among all other requirements, all fees are paid when due.
(b) Subsequent changes.
(1) After an application is determined to be complete, any change made by the applicant to the application must be submitted to the Zoning Administrator and the Board of Municipal and Zoning Appeals no later than 30 days before the date scheduled for the hearing to be held under this title.
(2) At the Board's discretion, minor changes to the application may be made on the record at the hearing.
§ 5-203. Required fees.
Every application must be accompanied by the required filing fee.
§ 5-204. Withdrawal of application.
An applicant has the right to withdraw an application at any time before a decision is made on the application by the appropriate body. There will be no refund of fees. Requests for withdrawal must be in writing by the applicant.
§ 5-205. Reapplication waiting period.
(a) In general.
Within 1 year after an application for a variance or a conditional use has been denied, the same application for the same property may not be reviewed or heard unless substantial new evidence is available.
(b) Resubmission within 1 year.
(1) If a zoning application is resubmitted for the same property within the 1-year period, the subsequent application must include a detailed description of how the application is a substantially different request or how substantial new evidence justifies its consideration.
(2) The Zoning Administrator must determine whether the subsequent application is a substantially different request or presents substantial new evidence that justifies its consideration. If the Zoning Administrator finds that the application is not appropriate for resubmittal, the Zoning Administrator must summarily, and without need for a hearing, deny the request.
Subtitle 3
Variances
§ 5-301. Purpose.
(a) In general.
The purpose of the variance procedure is to afford a property owner relief from certain regulations of the Zoning Code when unnecessary hardship or practical difficulty exists.
(b) Application.
The variance procedure applies only to changes in bulk and yard regulations and to changes in signage, parking, and loading requirements. It does not apply to changes in the uses, the maximum quantity of signs, the location requirements of signs, or the types of signs allowed within a zoning district.
§ 5-302. Minor and major variances distinguished.
(a) In general.
This Code allows for 2 types of variances that may be granted under this subtitle, minor variances and major variances.
(b) Minor variances.
(1) Minor variances comprise the following specified variances:
(i) a reduction in lot width by no more than 10% of the applicable minimum lot width requirements;
(ii) a reduction in required yards and setbacks by no more than 10% or 2 feet, whichever is less;
(iii) a reduction in the number of off-street parking spaces by no more than 10% of the applicable minimum requirements;
(iv) a reduction in the required alley width for access to off-street parking; and
(v) a variance to bulk or yard regulations if:
(A) the parcel of land is improved with a nonconforming structure that has been in existence for at least 50 years;
(B) the variance would not permit more than a 10% cumulative increase in the bulk and density of a structure that has been in existence for 50 or more years; and
(C) in the opinion of the Zoning Administrator, the application complies with all applicable approval criteria for variances.
(2) The Zoning Administrator may grant minor variances from the regulations of this Code.
(c) Major variances.
(1) Any variance not identified in subsection (b) of this section as a minor variance is a major variance.
(2) Unless legislation has been introduced to approve a variance by ordinance, the Board of Municipal and Zoning Appeals may grant or deny any application for a major variance.
§ 5-303. Review of applications.
(a) Determinations by Zoning Administrator.
The Zoning Administrator or the Administrator's designee must determine:
(1) whether the application is for a minor variance or a major variance; and
(2) which City agencies and officials, if any, should be asked to review the application and submit written reports and recommendations on it.
(b) Notice of findings.
(1) The Zoning Administrator or designee must inform the applicant of the determination made under subsection (a)(1) of this section.
(2) If the Zoning Administrator or designee determines the application is for a major variance, the Zoning Administrator or designee must inform the applicant that:
(i) a major variance can be granted by ordinance or by the Board of Municipal and Zoning Appeals;
(ii) the applicant may request the City Council to introduce an ordinance to grant the major variance;
(iii) in the absence of legislation to approve a major variance by ordinance, the Board of Municipal and Zoning Appeals may grant or deny the major variance; and
(iv) the applicant may appeal the decision of the Zoning Administrator and the appeal must be filed within 30 days of the Zoning Administrator's decision.
(3) The Zoning Administrator or designee must forward an application determined to be a major variance to the Board of Municipal and Zoning Appeals.
§ 5-304. Minor variances.
(a) Review standards; Notice.
The Zoning Administrator or the Administrator's designee must review and evaluate the application pursuant to the standards in § 5-308 {"Approval standards"} of this subtitle. Public notice of the application must be posted in accordance with Title 5, Subtitle 6 {"Notices"} of this Code.
(b) Resubmission on objection.
If written objection to the minor variance is received before the end of the required posting period, the application must be resubmitted to the Board of Municipal and Zoning Appeals as a major variance, subject to the application, notice, and public hearing requirements applicable to major variances.
(c) Decision by Administrator.
If no written objection is timely received, the Zoning Administrator must render a written decision on the application within 30 days of the end of the required posting period and either approve, approve with qualifications, or deny the application.
(d) Appeal to BMZA.
The applicant may appeal the Zoning Administrator's decision to the Board of Municipal and Zoning Appeals. The appeal must be filed within 30 days of the Zoning Administrator's decision.
§ 5-305. Major variances.
(a) Review standards.
The Board of Municipal and Zoning Appeals or the City Council, as the case may be, must evaluate the request for a variance, based on the evidence presented at a public hearing, in accordance with the standards in § 5-308 {"Approval standards"} of this subtitle.
(b) Procedures before the BMZA.
(1) Public hearing required.
(i) The Board of Municipal and Zoning Appeals must consider a proposed major variance in a public hearing.
(ii) Notice of the public hearing must be given in accordance with Title 5, Subtitle 6 {"Notices"} of this Code.
(iii) Except as provided in subsection (b) of this section, the hearing must be concluded no more than 90 days from the Board's receipt of the completed application.
(2) Waiver of time limit.
(i) If, in the judgment of the Board of Municipal and Zoning Appeals, the application does not contain sufficient information to enable the Board to properly discharge its responsibilities, the Board may request additional information from the applicant or from City agencies or officials.
(ii) In that event, the 90-day period will be suspended or the public hearing continued pending receipt of all requested information.
(iii) The applicant may also waive this time limit by requesting a postponement from the Board of Municipal and Zoning Appeals.
(3) Decision by Board.
(i) The Board of Municipal and Zoning Appeals must render its written decision, approving, approving with conditions, or denying the application, within 30 days of the close of the public hearing.
(ii) The Board may extend this period for up to an additional 60 days for good cause on a majority vote of the Board at a publicly scheduled meeting.
(4) Cessation of BMZA procedures.
(i) All actions and other procedures taken under this subsection must immediately cease if:
(A) the Board of Municipal and Zoning Appeals has not rendered a written decision under this subsection; and
(B) the City Council has referred to the Board a bill to approve the variance by ordinance.
(ii) On this cessation of procedures, the application is deemed to be voluntarily withdrawn by the applicant.
(c) Legislative limitation.
No legislation may be introduced to approve a major variance after the Board of Zoning Appeals has rendered a written decision on an application involving the same subject matter.
§ 5-306. Qualifications.
(a) Criteria for imposing.
Before approving any variance, the Zoning Administrator, the Board of Municipal and Zoning Appeals, or the City Council, as the case may be, may impose on the establishment, location, construction, maintenance, or operation of the variance, any condition, restriction, or limitation that it considers necessary or desirable to:
(1) reduce or minimize the effect of the variance on other properties in the neighborhood;
(2) secure compliance with the standards and requirements of this Code; and
(3) better carry out the intent and purpose of this subtitle.
(b) Assurances of compliance.
The Zoning Administrator, the Board of Municipal and Zoning Appeals, or the City Council, as the case may be, may require whatever evidence and guarantees considered necessary to assure that the conditions, restrictions, and limitations imposed will be met and complied with.
(c) Failure to comply is a violation of Code.
Failure to comply with any condition, restriction, or limitation imposed under this section constitutes a violation of this Code.
§ 5-307. Variance less than requested.
A variance less than that requested may be granted by the Zoning Administrator, the Board of Municipal and Zoning Appeals, or the City Council, as the case may be, if the record supports the applicant's right to some relief, but not to the entire relief requested.
§ 5-308. Approval standards.
(a) Required finding of unnecessary hardship or practical difficulty.
In order to grant a variance, the Zoning Administrator, the Board of Municipal and Zoning Appeals, or the City Council, as the case may be, must find that, because of the particular physical surroundings, shape, or topographical conditions of the specific structure or land involved, an unnecessary hardship or practical difficulty, as distinguished from a mere inconvenience, would result if the strict letter of the applicable requirement were carried out.
(b) Other required findings.
The Zoning Administrator, the Board of Municipal and Zoning Appeals, or the City Council, as the case may be, must also find that:
(1) the conditions on which the application is based are unique to the property for which the variance is sought and are not generally applicable to other property within the same zoning classification;
(2) the unnecessary hardship or practical difficulty is caused by this Code and has not been created by the intentional action or inaction of any person who has a present interest in the property;
(3) the purpose of the variance is not based exclusively on a desire to increase the value or income potential of the property;
(4) the variance will not:
(i) be injurious to the use and enjoyment of other property in the immediate vicinity; or
(ii) substantially diminish and impair property values in the neighborhood;
(5) the variance is in harmony with the purpose and intent of this Code;
(6) the variance is not precluded by and will not adversely affect:
(i) any Urban Renewal Plan;
(ii) the City's Comprehensive Master Plan; or
(iii) any Historical and Architectural Preservation District; and
(7) the variance will not otherwise:
(i) be detrimental to or endanger the public health, safety, or welfare; or
(ii) be in any way contrary to the public interest.
§ 5-309. Expiration of approval.
(a) Exercise within year required.
A variance lapses and becomes void 1 year from the date of its final approval, unless substantial construction has occurred within that year.
(b) Extension by BMZA.
The Board of Municipal and Zoning Appeals may grant an extension of this period, for both minor and major variances, on written application and for good cause shown, without notice or hearing.
§ 5-310. Code compliance denial.
(a) In general.
Neither the Zoning Administrator nor the Executive Director of the Board of Municipal and Zoning Appeals may process any application for variance if the subject property has any outstanding notices of violation, fines, or fees that are either unresolved or unpaid.
(b) Exception.
The Zoning Administrator or the Executive Director of the Board of Municipal and Zoning Appeals may process the application for variance if the variance applied for is required to resolve an outstanding notice of violation, fine, or fee that is either unresolved or unpaid.
Subtitle 4
Conditional Uses
§ 5-401. Purpose.
(a) In general.
This Code is based on the division of the City into districts, in which the uses of land and structures and the bulk and location of structures in relation to the land are substantially uniform. Certain uses exist, however, that, because of their unique characteristics, cannot properly be classified in any particular district without consideration, in each case, of the impact of those uses on neighboring land and of the public need for the particular use at the particular location. These uses, referred to as conditional uses, may only be approved as specified in this subtitle.
(b) Bulk standards.
In certain districts, bulk standards are allowed additional intensity by conditional use approval. The conditional use in these situations is interpreted as allowing the use within the structure to be more intense than would be allowed under permitted district standards.
(c) Signs.
In certain districts some sign types are allowed by conditional approval. The conditional approval in this situation is interpreted as allowing the sign type within a lot to be more intense that would otherwise be allowed in that district because of possible broader impact to the surrounding area.
5-402. {Reserved}
§ 5-403. Referrals.
(a) Section applicable to CB approvals.
This section applies to applications for conditional uses that require approval by the Board of Municipal and Zoning Appeals.
(b) Referral to BMZA for action.
Once the Executive Director of the Board of Municipal and Zoning Appeals determines that an application for conditional-use approval by the Board of Municipal and Zoning Appeals is complete, the Executive Director of the Board of Municipal and Zoning Appeals must forward the application to the Board for its consideration and action on the application.
(c) Referral to Planning Director, others for recommendation.
The Executive Director of the Board of Municipal and Zoning Appeals must also refer the completed application to the following, for their submission within 15 days of the referral, of written reports and recommendations to the Board:
(1) the Department of Planning; and
(2) any other City agencies and officials that the Executive Director of the Board of Municipal and Zoning Appeals determines should be asked to review the application and submit written reports and recommendations on it.
§ 5-404. Actions taken.
(a) Review standards.
The Board of Municipal and Zoning Appeals or the City Council, as the case may be, must evaluate the request for a conditional use, based on the evidence presented at the public hearing, in accordance with the standards in § 5-406 {"Approval standards"} of this subtitle.
(b) Procedures before the BMZA.
(1) Public hearing required.
(i) The Board of Municipal and Zoning Appeals must consider a proposed conditional use and conditional sign in a public hearing.
(ii) Notice of the public hearing must be given in accordance with Title 5, Subtitle 6 {"Notices"} of this Code.
(iii) Except as provided in subsection (b) of this section, the hearing must be concluded no more than 90 days from the Board's receipt of the completed application.
(iv) If the Department of Planning or other City agency or official fails to timely submit its written report and recommendations, the Board of Municipal and Zoning Appeals may proceed without that report and recommendations.
(2) Waiver of time limit.
(i) If, in the judgment of the Board of Municipal and Zoning Appeals, the application does not contain sufficient information to enable the Board to properly discharge its responsibilities, the Board may request additional information from the applicant or from City agencies or officials.
(ii) In that event, the 90-day period will be suspended or the public hearing continued pending receipt of all requested information.
(iii) The applicant may also waive this time limit by requesting a postponement from the Board of Municipal and Zoning Appeals.
(3) Decision of Board.
(i) The Board of Municipal and Zoning Appeals must render its written decision, approving, approving with conditions, or denying the application within 30 days of the close of the public hearing.
(ii) The Board may extend this period for up to an additional 60 days for good cause on a majority vote of the Board at a publicly scheduled meeting.
§ 5-405. Conditions.
(a) In general.
(1) Imposition authorized.
Before approving any conditional use or sign, the Board of Municipal and Zoning Appeals or the City Council, as the case may be, may impose on the establishment, location, construction, maintenance, or operation of the conditional use or sign any condition, restriction, or limitation that it considers necessary for the protection of the public interest.
(2) Criteria for imposing.
Any condition imposed under this subsection must be reasonably related and roughly proportional to the expected impact of the conditional use.
(b) Failure to comply is a violation of Code.
Failure to comply with any condition, restriction, or limitation imposed under this subtitle:
(1) constitutes a violation of this Code; and
(2) in addition to any other civil or criminal remedy or enforcement procedure, is grounds for modification, suspension, or revocation of the conditional use.
§ 5-406. Approval standards.
(a) Evaluation criteria.
As a guide to its decision on the facts of each case, the Board of Municipal and Zoning Appeals must consider the following, where appropriate:
(1) the nature of the proposed site, including its size and shape and the proposed size, shape, and arrangement of structures;
(2) the resulting traffic patterns and adequacy of proposed off-street parking and loading;
(3) the nature of the surrounding area and the extent to which the proposed use might impair its present and future development;
(4) the proximity of dwellings, churches, schools, public structures, and other places of public gathering;
(5) accessibility of the premises for emergency vehicles;
(6) accessibility of light and air to the premises and to the property in the vicinity;
(7) the type and location of adequate utilities, access roads, drainage, and other necessary facilities that have been or will be provided;
(8) the preservation of cultural and historic landmarks and structures;
(9) the character of the neighborhood;
(10) the provisions of the City's Comprehensive Master Plan;
(11) the provisions of any applicable Urban Renewal Plan;
(12) all applicable standards and requirements of this Code;
(13) the intent and purpose of this Code; and
(14) any other matters considered to be in the interest of the general welfare.
(b) Limited criteria for denying.
The Board of Municipal and Zoning Appeals or the City Council, may not approve a conditional use or sign unless, after public notice and hearing and on consideration of the standards required by this subtitle, the Board or Council finds that:
(1) the establishment, location, construction, maintenance, or operation of the conditional use or sign would not be detrimental to or endanger the public health, safety, or welfare;
(2) the use or sign would not be precluded by any other law, including an applicable Urban Renewal Plan;
(3) the authorization would not be contrary to the public interest; and
(4) the authorization would be in harmony with the purpose and intent of this Code.
§ 5-407. Expiration of approval.
(a) Exercise within year required.
A conditional use and a conditional sign approval 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;
(3) the use has lawfully begun; or
(4) a building permit under this Code and any other applicable Codes has been obtained for the sign.
(b) Extension by BMZA.
The Board of Municipal and Zoning Appeals may grant an extension of this period on written application and for good cause shown, without notice or hearing.
§ 5-408. Discontinued conditional use or conditional sign.
(a) Discontinued conditional use.
If any conditional use is discontinued for a continuous period of 2 years or more, the conditional use approval automatically lapses and is void. A new application and authorization is required before the conditional use may be re-established.
(b) Discontinued conditional sign.
If a conditional sign is removed in its entirety from the building or structure for which it was approved for a continuous period of 1 year or more, the conditional approval automatically lapses and is void. A new application is required before the conditional approval may be re-established.
§ 5-409. Revocations, etc., of conditional use.
(a) Attempted resolution.
Whenever the Zoning Administrator learns of a violation of a condition, restriction, or limitation imposed under this subtitle, the Zoning Administrator must attempt to resolve the violation informally and promptly.
(b) Notice of proposed action.
(1) If the Zoning Administrator is unable to resolve the violation, the Zoning Administrator must issue a notice of proposed revocation to:
(i) the owners of record of the property, as shown on the tax records of Baltimore City;
(ii) the persons to whom the conditional use approval was granted or the current operator;
(iii) the owners of record of the properties immediately adjacent to the property; and
(iv) the community, neighborhood, or improvement association listed with the Department of Planning for the area in which the property lies.
(2) A copy of the notice must be provided to the Department of Planning.
(c) Contents of notice.
The notice must:
(1) specify the nature of the violation; and
(2) warn the recipient that, unless the violation is corrected within 30 days, or such other time as is specified in the notice, the matter will be referred to the Board of Municipal and Zoning Appeals for potential modification, suspension, or revocation of the conditional use or sign.
(d) How notice served.
All notices must be served by 1 of the methods specified in § 19-207 {"Violation notice: Service"} of this Code.
(e) Referral to Board.
(1) If the violation is not corrected within the time specified, the Zoning Administrator must forward the record of this matter to the Board of Municipal and Zoning Appeals and request the Board to schedule a hearing.
(2) On receipt of the request, the Board of Municipal and Zoning Appeals must promptly schedule the matter for a hearing, to be held as soon as practicable.
(f) Decision.
(1) If, after notice to the parties and an opportunity to be heard, the Board of Municipal and Zoning Appeals finds that a condition, restriction, or limitation imposed under this subtitle has been violated, the Board may take any 1 or combination of the following actions:
(i) revoke the conditional use or sign;
(ii) suspend the conditional use or sign approval subject to completion of corrective action or other condition set by the Board; or
(iii) affirm the conditional use or sign, subject to a schedule for corrective action, with provision for automatic termination if the schedule is not met.
(2) The Board's findings must be specifically documented in the record.
§ 5-410. Code compliance denial.
(a) In general.
Neither the Zoning Administrator nor the Executive Director of the Board of Municipal and Zoning Appeals may process any application for a conditional use or sign if the subject property has any outstanding notices of violation, fines, or fees that are either unresolved or unpaid.
(b) Exception.
The Zoning Administrator or the Executive Director of the Board of Municipal and Zoning Appeals may process the application for a conditional use or, sign if the conditional use or sign applied for is required to resolve an outstanding notice of violation, fine, or fee that is either unresolved or unpaid.
Subtitle 5
Legislative Authorizations
§ 5-501. "Legislative authorization" defined.
In this Code, "legislative authorization" means any ordinance that:
(1) amends the text of this Code, except as provided in § 5-502 {"Exception for corrective bills"} of this subtitle; or
(2) approves, authorizes, or amends a prior approval or authorization relating to 1 or more specific properties, including:
(i) a variance;
(ii) a conditional use;
(iii) a map amendment;
(iv) an educational campus master plan;
(v) a hospital general development plan;
(vi) an area of special sign control; and
(vii) a planned unit development.
§ 5-502. Scope of subtitle.
(a) In general.
This subtitle applies to all legislative authorizations created under authority of this Code.
(b) Exception for corrective bills.
This subtitle does not apply to any text amendment that:
(1) consists only of a change in punctuation, grammar, or spelling; and
(2) does not in any way alter the substance of this Code.
5-503. {Reserved}
§ 5-504. Referrals.
Once a bill proposing a legislative authorization has been introduced, the City Council must refer the bill to the following for their written reports and recommendations:
(1) the Board of Municipal and Zoning Appeals;
(2) the Planning Commission;
(3) the Department of Transportation; and
(4) any other agencies that the City Council President specifies.
5-505. {Reserved}
§ 5-506. Procedures on referral.
(a) Planning Commission.
(1) Public hearing.
The Planning Commission must consider the referred bill in a public hearing. Notice of the public hearing must be given in accordance with Title 5, Subtitle 6 {"Notices"} of this Code. Except as provided in subsection (e)(2) of this section, the hearing must be concluded no more than 60 days from the Commission's receipt of the referred bill.
(2) Review standards.
The Planning Commission must evaluate the bill in accordance with the standards in § 5-508 {"Approval standards"} of this subtitle.
(3) Written recommendations – Required.
Within 15 days of the close of the public hearing, the Planning Commission must:
(i) issue its written report and recommendations; and
(ii) forward its report and recommendations, together with all agency reports and recommendations received, to the applicant and to the City Council's Executive Secretary.
(4) Written recommendations – Options.
(i) For a text amendment, the Planning Commission may recommend approval, amendment, or denial of the application.
(ii) For a map amendment, the Planning Commission may recommend:
(A) approval or denial of the application;
(B) an alternative zoning designation than that applied for; or
(C) the removal or addition of properties from the application.
(b) BMZA.
Within 30 days of the bill's introduction, the Board of Municipal and Zoning Appeals must submit its written report and recommendation to the City Council, with a copy to the Zoning Administrator.
(c) DoT for possible traffic mitigation.
Within 15 business days of the bill's introduction, City Council must refer the bill and all accompanying documents to the Director of Transportation for review and, if required, traffic mitigation, as provided in § 5-201(d) {"Introduction: Traffic mitigation"} of this title, if:
(1) traffic-mitigation requirements have not already been complied with in accordance with this Code or the City Building, Fire, and Related Codes Article; and
(2) the proposed legislative authorization:
(i) is for property in a Traffic-Mitigation Zone designated in Building Code§ 3805 {"Traffic-Mitigation Zones"} and involves 10 or more dwelling units;
(ii) involves 15,000 sq. ft. or more of gross floor area; or
(iii) involves 50 or more dwelling units.
(d) Other agencies.
Within 30 days of the bill's introduction, any other agencies to which the bill might have been referred must submit their written reports and recommendations to the City Council, with a copy to the Zoning Administrator.
(e) Agency failure to report.
(1) If an agency fails to submit its written report and recommendations within the period specified by this section, the City Council may proceed without that report and recommendations.
(2) However, the applicant may waive this time limit and consent to an extension of the reporting period by giving written notice of the waiver and consent to the President of the City Council, with copies to the Board of Municipal and Zoning Appeals, the Planning Commission, and the Zoning Administrator.
§ 5-507. Action by City Council.
(a) Committee hearing.
(1) The bill must be considered at a public hearing of a committee of the City Council. Notice of the public hearing must be given in accordance with Title 5, Subtitle 6 {"Notices"} of this Code.
(2) The committee must evaluate the bill in accordance with the standards in § 5-508 {"Approval standards"} of this subtitle.
(b) Council options.
The City Council may approve, amend, or disapprove any legislative authorization.
(c) Rehearing on amendment.
(1) Except as otherwise specified in this subsection, whenever a legislative authorization is amended:
(i) another public hearing must be held on the bill as amended; and
(ii) the requirements of this subtitle for notice and for agency reports apply to the additional hearing.
(2) An additional hearing is not required for:
(i) an amendment that consists only of a change in punctuation, grammar, or spelling and does not in any way alter the substance of the ordinance;
(ii) any other amendment that does not in any way alter the substance of the ordinance;
(iii) an amendment proposed in and approved by Committee; or
(iv) an amendment to a comprehensive rezoning if, for at least 14 days before any vote is taken on the amendment, a description of the amendment:
(A) has been provided to the Department of Legislative Reference and to the Department of Planning and by them made available for inspection and copying by the public; and
(B) has been posted on the Department of Planning's website.
(d) Failure to approve.
A bill proposing a legislative authorization is considered to have failed and the application denied if the City Council fails to act finally on the bill within 12 months from the earlier of:
(1) the date on which the last of the required agency reports and recommendations is received; and
(2) the last day of the agency reporting period, as set by this section.
§ 5-508. Approval standards.
(a) In general.
Legislative authorizations must be evaluated by the Planning Commission and the City Council in accordance with the standards set forth in this section.
(b) Map amendments.
(1) Required findings.
As required by the State Land Use Article, the City Council may approve the legislative authorization based on a finding that there was either:
(i) a substantial change in the character of the neighborhood where the property is located; or
(ii) a mistake in the existing zoning classification.
(2) Required findings of fact.
In making the determination required by subsection (b)(1) of this section, the City Council must also make findings of fact that address:
(i) population changes;
(ii) the availability of public facilities;
(iii) present and future transportation patterns;
(iv) compatibility with existing and proposed development for the area;
(v) the recommendations of the City agencies and officials; and
(vi) the proposed amendment's consistency with the City's Comprehensive Master Plan.
(3) Additional standards – General.
Additional standards that must be considered for map amendments are:
(i) existing uses of property within the general area of the property in question;
(ii) the zoning classification of other property within the general area of the property in question;
(iii) the suitability of the property in question for the uses permitted under its existing zoning classification; and
(iv) the trend of development, if any, in the general area of the property in question, including changes, if any, that have taken place since the property in question was placed in its present zoning classification.
(4) Additional standards – Rezoning from MI District.
(i) To rezone land from the Maritime Industrial ("MI") District to any other zoning district, the Planning Commission must find that the proposed amendment:
(A) is consistent with the most current Baltimore City Comprehensive Master Plan;
(B) sustains or enhances transportation access into and out of the Port of Baltimore;
(C) ensures the long-term preservation of the deep water assets of the Port of Baltimore for maritime industrial use;
(D) protects maritime industrial land uses from the intrusion of non- industrial uses;
(E) sustains or enhances the current and future maritime industrial economic development growth in the District;
(F) establishes an adequate physical separation that will buffer non-industrial land uses from maritime industrial uses; and
(G) adheres with federal and state laws regarding homeland security, generally, and port safety, specifically.
(ii) If an application is filed to rezone property from the Maritime Industrial District, the Director of Planning must notify the Maryland Port Administration and any adjacent property owners of the application. At least 30 days before the Planning Commission hearings on the application, the Director of Planning must seek an opinion from the Maryland Port Administration on the application of the criteria listed in subparagraph (i) of this paragraph.
(c) Text amendments.
Standards that must be considered for text amendments are:
(1) the amendment's consistency with the City's Comprehensive Master Plan;
(2) whether the amendment would promote the public health, safety, and welfare;
(3) the amendment's consistency with the intent and general regulations of this Code;
(4) whether the amendment would correct an error or omission, clarify existing requirements, or effect a change in policy; and
(5) the extent to which the amendment would create nonconformities.
Subtitle 6
Notices
§ 5-601. Map or text amendments; PUDs.
(a) Hearing required.
For a bill proposing a zoning map amendment, a zoning text amendment, or the creation, modification, or repeal of a planned unit development, the City Council committee to which the bill has been referred must conduct a hearing at which:
(1) the parties in interest and the general public will have an opportunity to be heard; and
(2) all agency reports will be reviewed.
(b) Notice of hearing required.
Notice of the hearing must be given by each of the following methods, as applicable:
(1) by publication in a newspaper of general circulation in the City;
(2) for the creation or modification of a planned unit development and for a zoning map amendment, other than a comprehensive rezoning:
(i) by posting in a conspicuous place on the subject property; and
(ii) by first-class mailing of a written notice, on forms provided by the Zoning Administrator, to each person who appears on the tax records of the City as an owner of the property to be rezoned; and
(3) for a comprehensive rezoning:
(i) by posting in conspicuous places within and around the perimeter of the subject area or district, as the Department of Planning designates; and
(ii) by first-class mailing of a written notice, on forms provided by the Zoning Administrator, to each person who appears on the tax records of the City as an owner of property within the subject area or district.
(c) Contents of notice.
The notice must include:
(1) the date, time, place, and purpose of the public hearing;
(2) the address of the subject property or a drawing or description of the boundaries of the area affected by the proposed rezoning; and
(3) the name of the applicant.
(d) Number and manner of posted notices.
(1) For a zoning map amendment or the creation or modification of a planned unit development, the number and manner of posting is as follows:
(i) for an individual property, at least 1 sign must be visible from each of the property's street frontages;
(ii) for a comprehensive rezoning, a change in the boundaries of a zoning district, or the creation or modification of a planned unit development, at least 2 or more signs are required, as the Department of Planning designates;
(iii) each sign must be posted at a prominent location, near the sidewalk or public right-of-way, so that it is visible to passing pedestrians and motorists;
(iv) a window-mounted sign must be mounted inside the window glass and placed so that it is clearly visible to passing pedestrians and motorists; and
(v) each sign must be at least 3 feet by 4 feet in size.
(2) Nothing in this subtitle prevents the voluntary posting of more notices than required by this subtitle.
(e) Timing of notices – In general.
The notice must be published, mailed, and, except as provided in subsection (f) of this section, posted:
(1) at least 15 days before the public hearing; or
(2) for a comprehensive rezoning, at least 30 days before the public hearing.
(f) Timing of notices – Posting for map amendment or PUDs.
For a zoning map amendment or the creation or modification of a planned unit development, the posted notice must be:
(1) posted at least 30 days before the public hearing; and
(2) removed within 48 hours after conclusion of the public hearing.
(g) Additional notice for proposed rezoning in MI District.
If an application is made to rezone any property in the MI District, the Director of Planning must notify the Maryland Port Administration and the owners of any adjacent property of the application.
§ 5-602. Major variances; Conditional uses.
(a) Hearing required.
For major variances and conditional uses, the Board of Municipal and Zoning Appeals or the City Council, as the case may be, must conduct a hearing at which:
(1) the parties in interest and the general public will have an opportunity to be heard; and
(2) all agency reports will be read.
(b) Notice of hearing required.
Notice of the hearing must be given by posting in a conspicuous place on the subject property.
(c) Contents of notice.
The notice must include:
(1) the date, time, place, and purpose of the public hearing;
(2) the address of the subject property or a drawing or description of the boundaries of the area affected by the proposed variance or conditional use;
(3) the name of the applicant; and
(4) how additional information on the matter can be obtained.
(d) Number and manner of posted notices.
(1) The number and manner of posting is as follows:
(i) for an individual property, at least 1 sign must be visible from each of the property's street frontages;
(ii) each sign must be posted at a prominent location, near the sidewalk or public right-of-way, so that it is visible to passing pedestrians and motorists;
(iii) a window-mounted sign must be mounted inside the window glass and placed so that it is clearly visible to passing pedestrians and motorists; and
(iv) each sign must be at least 3 feet by 4 feet in size.
(2) Nothing in this subtitle prevents the voluntary posting of more notices than required by this subtitle.
(e) Timing of notice.
The posted notice must be:
(1) posted at least 21 days before the public hearing; and
(2) removed within 48 hours after conclusion of the public hearing.
§ 5-603. Minor variances.
(a) Notice of application required.
Notice of an application for a minor variance must be given by posting in a conspicuous place on the subject property.
(b) Contents of notice.
The notice must include:
(1) the purpose of the application;
(2) the address of the subject property or a drawing or description of the boundaries of the area affected by the proposed rezoning;
(3) the name of the applicant; and
(4) where, how, and by when any objections must be filed.
(c) Number and manner of posted notices.
(1) The number and manner of posting is as follows:
(i) for a property with more than 1 street frontage, at least 1 sign must be visible from each street frontage;
(ii) each sign must be posted at a prominent location, near the sidewalk or public right-of-way, so that it is visible to passing pedestrians and motorists;
(iii) a window-mounted sign must be mounted inside the window glass and placed so that it is clearly visible to passing pedestrians and motorists; and
(iv) each sign must be at least 3 feet by 4 feet in size.
(2) Nothing in this subtitle prevents the voluntary posting of more notices than required by this subtitle.
(d) Timing of notice.
The posted notice must be:
(1) posted at least 10 days before the Zoning Administrator makes a decision on the application; and
(2) removed within 48 hours after a written decision is issued.
§ 5-604. Planning Commission consideration of site-specific projects.
(a) Hearing required.
For any site-specific matter, the Planning Commission must conduct a public hearing at which:
(1) the parties in interest and general public will have an opportunity to be heard; and
(2) staff reports and recommendations will be read.
(b) Notice of hearing.
In addition to any other form of notice required by law or regulation, notice of the hearing must be given by posting in conspicuous places within and around the perimeter of the subject property or area.
(c) Contents of notice.
The posted notice must include:
(1) the date, time, place, and purpose of the hearing;
(2) the address of the subject property or a drawing or description of the boundaries of the subject area;
(3) the name and address of the applicant; and
(4) how additional information on the matter can be obtained.
(d) Number and manner of posted notices.
The number of posted notices and the manner of their posting are as follows:
(1) For a notice applicable only to an individual property, at least one sign must be visible from each of the property's street frontages.
(2) For a notice applicable to more than one property (e.g., a modification to a Planned Unit Development), at least 2 or more signs are required, as the Department of Planning designates.
(3) Each sign must be at least 3 feet by 4 feet in size.
(4) Each sign must be composed of waterproof materials sufficient to ensure the sign will last the required posting period (corrugated vinyl and polyurethane banner being acceptable).
(e) Timing of notice.
The posted notice must be:
(1) posted at least 10 days before the public hearing; and
(2) removed within 48 hours after conclusion of the hearing.
(f) Copy of agenda to Councilmembers.
At least 4 calendar days before any meeting of the Planning Commission, the Commission must deliver to each member of the City Council, by email or in person, an agenda of all matters that the Planning Commission proposes to consider at that meeting.
(g) Written notice to property owners within PUD.
When applying for the creation of a new planned unit development or for a major change or repeal of a planned unit development, the applicant must provide written notification to all other owners, or their authorized agents, of property within the proposed or existing planned unit development boundaries, as the Department of Planning requires.
5-605. {Reserved}
§ 5-606. Responsibility for notices.
The notices required by this subtitle must be given by and at the expense of the following:
(1) the applicant, for applications initiated by or on behalf of a property owner; and
(2) the Mayor and City Council, for applications initiated by the City.
§ 5-607. Electronic notice.
Additional electronic notice by website or email for public hearings under this Code may be provided. This notice is discretionary, and any defect in or failure to strictly adhere to an electronic notice is not a basis for declaring any legislative authorization invalid or void.
Subtitle 7
Use Permits
§ 5-701. Purpose.
The purpose of this subtitle is to set out the requirements for obtaining a use permit.
§ 5-702. Nature of permit.
A use permit is a document issued for a structure or land that states that the use or occupancy of the structure or land:
(1) complies with the provisions of this Code; and
(2) is the authorized use for that structure or land.
§ 5-703. Authorization and issuance.
A use permit for a structure or land is:
(1) authorized by the Zoning Administrator; and
(2) issued by the Housing Commissioner.
§ 5-704. When required.
A use permit is required before any person may:
(1) occupy any newly-constructed structure or any addition to a previously-constructed structure;
(2) use for any purpose any previously vacant land;
(3) make any change in the authorized use of any land or structure; or
(4) occupy any building that:
(i) has been unoccupied for more than 1 year; or
(ii) is subject to an outstanding vacant building notice.
§ 5-705. Procedure.
The procedure for authorizing and obtaining a use permit is as determined by the Housing Commissioner.
Subtitle 8
Zoning Consultations
§ 5-801. Purpose.
The consultation process provided for by this subtitle recognizes that the provisions of this Code, though detailed and extensive, cannot as a practical matter address every specific zoning issue. This process is thus intended to assist in clarifying the purpose and intent of the provisions of this Code. It is not intended, however, to permit adding to or changing the essential content of this Code.
§ 5-802. Who may request.
The following may request a consultation with the Zoning Administrator to assist in clarifying provisions of this Code:
(1) the owner of any property in the City;
(2) any person expressly authorized by a property owner in writing; or
(3) any Councilmember or other official of City government.
§ 5-803. Procedure.
On request under § 5-802 {"Who may request"} of this subtitle, the Zoning Administrator:
(1) must review the request; and
(2) may:
(i) ask for additional information;
(ii) provide the consultation requested; and
(iii) provide a written summary of the consultation results.
§ 5-804. Non-binding status of consultations.
(a) In general.
Zoning consultations are meant to provide advisory information about the application of the Zoning Code. Results of a consultation are not binding on the Zoning Administrator, the Board of Municipal and Zoning Appeals, the Planning Commission, or the Mayor and City Council when addressing questions that arise under this Code.
(b) Disclaimer.
All written summaries of consultations must include the following statement:
"The results of any Zoning Code consultation provided under this subtitle are advisory only and are not binding on the Zoning Administrator, the Board of Municipal and Zoning Appeals, the Planning Commission, or the Mayor and City Council when making decisions on matters within the scope of their authority under the Zoning Code or any provision of federal, state, or local law or regulation."
Subtitle 9
Zoning Verifications
§ 5-901. Purpose.
A zoning verification is a document issued by the Zoning Administrator, at an applicant's request and for the applicant's own use, that states whether a property complies with the use regulations or bulk and yard regulations of the district in which it is located. It is not required by this Code.
§ 5-902. Procedure.
(a) In general.
(1) A zoning verification may be obtained from the Zoning Administrator, on application and payment of a fee for each request.
(2) Except as provided in paragraph (3) of this subsection, a separate application must be made for each individual lot of property.
(3) A community-managed open-space garden or farm need only pay the fee and submit an application for verification as a single lot, as long as the lots constituting that use are contiguous.
(b) Required information.
Each application must contain the following information:
(1) The block and lot number of the property;
(2) a description or definite street location of the property;
(3) The name and address of the present owner of the property; and
(4) the existing and any proposed use of the property.
(c) Considerations.
In issuing a zoning verification, the Zoning Administrator must consider both the use specified in the application submitted for the verification and the information contained in the Zoning Administrator's official records. A zoning verification that states a property is in compliance is limited by the accuracy of the information submitted by the applicant.
§ 5-903. City immune from liability.
Neither the Mayor and City Council of Baltimore, the Zoning Administrator, nor any of their officers, agents, or employees may be held liable to any person, under any circumstances, in connection with or resulting from the issuance of any zoning verification or in connection with or resulting from any information or statement contained in any zoning verification.