§ 2-203. Transition rules.
(a) In general.
In determining the applicability of this Code to structures or uses previously governed under other zoning regulations, the following rules apply.
(b) Preexisting unlawful structures and uses.
A structure or use that was unlawful at the time this Code became effective (June 5, 2017):
(1) does not become lawful solely by the adoption of this Code or any amendment to it; and
(2) even if made lawful by this Code or an amendment to it, remains unlawful to the extent that the structure or use conflicts with any of the requirements of this Code or of the Baltimore City Building, Fire, and Related Codes Article, including any failure to obtain the necessary use permit and occupancy permit.
(c) Preexisting permitted use reclassified as conditional.
(1) If a preexisting permitted use is reclassified by this Code or an amendment to it as a conditional use for the Zoning District in which it is located, that use may be continued as a lawful conditional use, subject to the conditions and restrictions previously imposed on it by law or regulation.
(2) Any subsequent change to that use must be approved in the manner of the original approval and is subject to the procedural and substantive requirements imposed by this Code on conditional uses.
(d) Preexisting nonconforming use reclassified as permitted or conditional.
(1) If a preexisting nonconforming use is reclassified by this Code or an amendment to it as a permitted or conditional use for the zoning district in which it is located, that use may be continued as a lawful permitted or conditional use, as the case may be.
(2) Any subsequent change to that use must be approved in the manner of the original approval, subject to this Code and, if a conditional use, to the procedural and substantive requirements imposed by this Code on conditional uses.
(e) Nonconformities – Preexisting lawful use no longer permitted or conditional.
If a preexisting lawful use is reclassified by this Code or an amendment to it so that the use is no longer a permitted or conditional use in the zoning district in which it is located, that use may be continued as a lawful nonconforming use, subject to the requirements and limitations imposed by Title 18 {“Nonconformities”} of this Code.
(f) Nonconformities – Preexisting lawful structures no longer conforming.
If a preexisting lawful structure does not meet all standards newly set forth by this Code or an amendment to it, that structure may be continued as a lawful nonconforming structure, subject to the requirements and limitations imposed by Title 18 {“Nonconformities”} of this Code.
(g) Nonconformities – Preexisting lawful lots no longer conforming.
If a preexisting lawful lot does not meet all standards newly set forth in this Code or an amendment to it, that lot may be continued as a lawful nonconforming lot, subject to the requirements and limitations imposed by Title 18 {“Nonconformities”} of this Code.
(h) Previously established planned unit development.
For planned unit developments established before June 5, 2017, transition rules are set forth in § 13-102 {“Transition rules”} of this Code.
(i) Previously issued building permits.
If a building permit for a structure was issued before June 5, 2017, or before the effective date of any relevant amendment to this Code and if substantial construction has occurred within 180 days of the issuance of that permit, the structure may be completed in accordance with the plans on the basis of which the building permit was issued.
(j) Previously granted variances and conditional uses.
(1) All variances and conditional uses granted before June 5, 2017, or before the effective date of any relevant amendment to this Code remain effective, and the recipient of the variance and conditional use may proceed to develop the property in accordance with the approved plans.
(2) However, if the recipient fails to act timely on the variance or conditional use, as required by § 5-309 {“Expiration of approval”} or § 5-407 {“Expiration of approval”} of this Code, the provisions of this Code govern and the approval is invalid.
(3) Any subsequent change to a conditional use must be approved in the manner of the original approval and is subject to the procedures and requirements imposed by this Code on conditional uses.
(k) Pending applications.
(1) An application that has been submitted and considered complete before June 5, 2017, or before the effective date of any relevant amendment to this Code is governed by the Code provisions in effect when the application was submitted.
(2) A new application submitted after June 5, 2017, or after the effective date of any relevant amendment to this Code is governed by the Code provisions in effect when the application was submitted.
(3) If a pending application is modified after its submittal, the Zoning Administrator must review the application to determine if the proposed modifications constitute a new application. If the Zoning Administrator determines that the modifications constitute a new application, the application must be resubmitted under the Code provisions then in effect at the time of resubmittal.
(Ord. 22-181; Ord. 17-015; Ord. 16-581.)
