Conditional Uses

Baltimore City Code art. 32, tit. 5, subtit. 4

in effect

Baltimore City Code, Article 32, § 5-401 Purpose.

§ 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. (Ord. 22-181; Ord. 16-581.)

Baltimore City Code, Article 32, § 5-402 {Reserved}

Baltimore City Code, Article 32, § 5-403 Referrals.

§ 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. (Ord. 22-181; Ord. 16-581.)

Baltimore City Code, Article 32, § 5-404 Actions taken.

§ 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. (Ord. 22-181; Ord. 16-581.)

Baltimore City Code, Article 32, § 5-405 Conditions.

§ 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. (Ord. 22-181; Ord. 16-581.)

Baltimore City Code, Article 32, § 5-406 Approval standards.

§ 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 or the City Council 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. (Ord. 25-015 Section 1; Ord. 22-181; Ord. 17-015; Ord. 16-581.)

Baltimore City Code, Article 32, § 5-407 Time limit for utilization of conditional use; Extensions.

§ 5-407. Time limit for utilization of conditional use; Extensions. (a) Exercise of approval required. A conditional use and a conditional sign approval lapses and becomes void in 2 years from the date of its final order granting same unless, within that period: (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 use or the sign, as the case may be. (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. (Ord. 25-015 Section 1; Ord. 22-181; Ord. 18-171; Ord. 16-581.)

Baltimore City Code, Article 32, § 5-408 Discontinued conditional use or conditional sign.

§ 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. (Ord. 22-181; Ord. 16-581.)

Baltimore City Code, Article 32, § 5-409 Revocations, etc., of conditional use.

§ 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. (Ord. 22-181; Ord. 17-015; Ord. 16-581.)

Baltimore City Code, Article 32, § 5-410 Code compliance denial.

§ 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. (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/32/5/4Fetched: 10/25/2026