Definitions; General Provisions

Baltimore City Code art. 32, tit. 18, subtit. 2

in effect

Baltimore City Code, Article 32, § 18-201 Definitions.

§ 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. (Ord. 17-015; Ord. 16-581.)

Baltimore City Code, Article 32, § 18-202 Authority to continue.

§ 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. (Ord. 17-015; Ord. 16-581.)

Baltimore City Code, Article 32, § 18-203 Safety regulations.

§ 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. (Ord. 16-581.)

Baltimore City Code, Article 32, § 18-204 Nonconformity not established by casual, etc., uses.

§ 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. (Ord. 16-581.)

Baltimore City Code, Article 32, § 18-205 Nonconformity with off-street parking requirements.

§ 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. (Ord. 16-581.)

Baltimore City Code, Article 32, § 18-206 Determination of nonconformity.

§ 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 continuing and uninterrupted lawful nonconforming use; or (ii) document the existence of a lawful nonconforming density, or other nonconformance; and (2) a field inspection of the construction, design, and arrangement of the structure or use in question confirms these records. (Ord. 25-015 Section 1; Ord. 17-015; Ord. 16-581.)

Baltimore City Code, Article 32, § 18-207 Expiration of approval.

§ 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. (Ord. 22-181.)

Source: City of Baltimore Department of Legislative Reference, City of Baltimore Law Library (codes.baltimorecity.gov; Open Law Library bulk XML)URL: https://codes.baltimorecity.gov/us/md/cities/baltimore/code/32/18/2Fetched: 10/25/2026