Subtitle 2 – Definitions; General Provisions

In this title, the following terms have the meanings indicated.

“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.

“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.

“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.

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.

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 <cite data-path="|building-codes">Baltimore City Building, Fire, and Related Codes Article</cite>, including the requirements to obtain a use permit and an occupancy permit.

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.

The Zoning Administrator may issue a use permit, without referring the matter to the Board of Municipal and Zoning Appeals, if:

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:

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.