Subtitle 3 – Nonconforming Uses
Current through 2026-07-17. Source: City of Balt., Md., Ord. 26-129. Published by the Baltimore City Department of Legislative Reference.
Balt., Md., Code art. 32, § 18-301 (2026)
§ 18-301 Continuation.LinkCopy Citation
Except as otherwise specified in this Code, nonconforming uses may be continued, subject to the regulations of this subtitle.
History: Ord. 16-581
Balt., Md., Code art. 32, § 18-302 (2026)
§ 18-302 Expansion of use or structure.LinkCopy Citation
(a)In general.
A nonconforming use may not be expanded in any manner, nor may any structure be erected or expanded, unless the use of the land and the structure are made to conform to the regulations of the district in which they are located.
(b)Exception.
For a nonconforming use or structure in a Commercial, Industrial, or TOD District, the Zoning Board may authorize by variance an expansion of the gross floor area of the use or structure by up to 25% of that which lawfully existed as of June 5, 2017.
History: Ord. 16-581
History: Ord. 18-171
Balt., Md., Code art. 32, § 18-303 (2026)
§ 18-303 Repairs and alterations.LinkCopy Citation
(a)Maintenance and repairs.
Normal maintenance and incidental repair may be performed on any structure that is devoted in whole or in part to a nonconforming use, as long as the maintenance or repair will not, in any way, create any new nonconformity, increase the degree of any nonconformity, or increase the bulk of the structure.
(b)Structural alterations.
No structural alteration may be performed on any structure devoted to a nonconforming use, unless:
(1)
the alteration is required by law;
(2)
the alteration is necessary to restore the structure to a safe condition on order of any official charged with protecting the public safety;
(3)
the alteration is for the purpose of bringing about a conforming use; or
(4)
the alteration will not, in any way, create any new nonconformity, increase the degree of any nonconformity, or increase the bulk of the structure.
History: Ord. 16-581
Balt., Md., Code art. 32, § 18-304 (2026)
§ 18-304 Restoration of damaged structures.LinkCopy Citation
(a)In general.
If a structure containing a nonconforming use is damage or destroyed or if a nonconforming sign is damaged or destroyed, the structure or sign may be repaired or reconstructed and the nonconforming use or sign re-established as long as no new nonconformities are created and the existing degree of any nonconformity is not increased.
(b)Timely restoration required.
(1)
A building permit must be obtained for the repair or reconstruction within 1 year of the date of the damage or destruction.
(2)
The Board of Municipal and Zoning Appeals may grant an extension of this period.
(c)Effect of failure to act timely.
If a building permit is not obtained within the time required by this section or the repairs not completed within 1 year of the issuance of the building permit, then the use may not be reestablished unless the structure and the use conform to all regulations of the district in which they are located.
History: Ord. 16-581
History: Ord. 18-216
History: Ord. 20-350
Balt., Md., Code art. 32, § 18-305 (2026)
§ 18-305 Relocation.LinkCopy Citation
(a)On same lot.
(1)
A nonconforming structure or use may not be relocated, in whole or in part, to any other location on the same lot.
(2)
A nonconforming freestanding pole sign that is 300 square feet or larger that is either damaged or destroyed pursuant to § 18-304(a) may be relocated by no more than 15 feet in any direction from its original location.
(b)To another lot.
A nonconforming use may be relocated to another lot only if the use conforms to all regulations of the zoning district in which the new lot is located, including all use regulations.
History: Ord. 16-581
History: Ord. 18-216
Balt., Md., Code art. 32, § 18-306 (2026)
§ 18-306 Change of use.LinkCopy Citation
(a)Change described.
A change of use occurs when an existing nonconforming use has been terminated and another use has commenced.
(b)When change allowed.
A nonconforming use may not be changed to any other use except one that is allowed within the zoning district in which it is located.
(c)Reversion prohibited.
(1)In general.
When a nonconforming use has been changed, in whole or in part, to an allowed use, the whole or part that has been made to conform may not later be changed back to a nonconforming use.
(2)Exceptions.
In the R-1A, R-1B, R-1C, R-1D, R1-E, R-1, R-2, R-3, and R-4 zoning districts the zoning administrator may authorize the reestablishment of a residential nonconforming multifamily use that has lapsed up to the same number of units or a number less than the number of units that were legally established, if:
(i)
the unit was a legally established multi-family dwelling unit; and
(ii)
the structure was not altered to become a single-family dwelling unit.
(d)Violation constitutes abandonment.
Any change in use that violates this Code constitutes an abandonment of the previously existing nonconforming use.
History: Ord. 16-581
History: Ord. 22-181
Balt., Md., Code art. 32, § 18-307 (2026)
§ 18-307 Discontinuance or abandonment.LinkCopy Citation
(a)Discontinuance of use.
Whenever the active and continuous operation of any nonconforming use, or any part of that use, has been discontinued for 12 consecutive months:
(1)
the discontinuance constitutes an abandonment of the discontinued nonconforming use, or discontinued part of that use, regardless of any reservation of an intent to resume active operations or otherwise not abandon the use; and
(2)
the discontinued nonconforming use, or discontinued part of that use:
(i)
may not be reestablished; and
(ii)
any subsequent use of any part of the land or structure previously used for the discontinued use, or discontinued part of that use, must conform to the regulations of the district in which the land or structure is located.
(b)Abandonment of use.
If, at any time, actual abandonment in fact is evidenced by removal of structures, machinery, or equipment, or by alterations that indicate a change in the use of any part of the land or structure:
(1)
that action constitutes an abandonment of the nonconforming use, or affected part of that use; and
(2)
all rights to continue or reestablish the nonconforming use, or part of that use, immediately terminate.
(c)Report to Zoning Administrator.
(1)In general.
If a person reasonably believes that a nonconforming use has been, in whole or in part, discontinued or abandoned as described under this section, the person may file a report with the Zoning Administrator.
(2)Contents.
The report shall contain:
(i)
the location of the discontinued or abandoned use;
(ii)
a description of the discontinued or abandoned use;
(iii)
the date the person last observed the use;
(iv)
a statement by the person affirming that the person reasonably believes the use describe in subparagraph (ii) of this paragraph has not occurred in the past 12 months; and
(v)
the signature or signatures of the person reporting the discontinued or abandoned use.
(3)Zoning Administrator to investigate.
Upon receipt of a complaint issued under this subsection, the Zoning Administrator shall inspect structures and uses of land to determine compliance with this Code and, where violations are found, initiate action to secure compliance.
History: Ord. 16-581
History: Ord. 24-313
Balt., Md., Code art. 32, § 18-308 to 18-309 (2026)
§§ 18-308 to 18-309LinkCopy Citation
Reserved
Balt., Md., Code art. 32, § 18-310 (2026)
§ 18-310 Junk or scrap storage and yards; Vehicle dismantling facilities; Landfills.LinkCopy Citation
(a)Status.
A junk or scrap storage and yard, a vehicle dismantling facility, or a landfill lawfully existing as of June 5, 2017, is considered a lawful nonconforming conditional use, subject to the conditions and restrictions previously imposed.
(b)Modifications – Junk ... yards; Vehicle dismantling.
For a lawful nonconforming junk or scrap storage and yard or a lawful nonconforming vehicle dismantling facility:
(1)
structural alterations are permitted; and
(2)
an expansion of no more than 25% in land area is allowed if, in addition to any conditions and restrictions previously imposed:
(i)
the expansion is onto a property that is no more than 750 feet from the property line of the junk or scrap storage and yard or the vehicle dismantling facility; and
(ii)
the expansion is onto the portion of that property that is closest to the existing use.
(c)Modifications – Landfills.
For a lawful nonconforming landfill:
(1)
structural alterations are permitted; and
(2)
an expansion of no more than 35% in land area is allowed if, in addition to any conditions and restrictions previously imposed:
(i)
the expansion is onto a property that is no more than 750 feet from the property line of the landfill; and
(ii)
the expansion is onto the portion of that property that is closest to the existing use.
(d)Lot subdivision or consolidation.
The area to be used for the expansion must be subdivided into a separate lot or, if possible, consolidated as part of the existing junk or scrap storage and yard, vehicle dismantling facility, or landfill to avoid having a use allowed on a portion of a lot but not on the whole lot.
History: Ord. 16-581
History: Ord. 17-015