Subtitle 4 – Nonconforming Structures
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, § 18-401 (2026)
§ 18-401 Application of subtitle.LinkCopy Citation
(a)Subtitle inapplicable to nonconforming signs.
This subtitle does not apply to nonconforming signs. Nonconforming signs are instead regulated by Subtitle 5 of this title.
(b)Nonconforming structure devoted to nonconforming use.
(1)
If a nonconforming structure is also devoted in whole or in part to a nonconforming use, the structure is subject to both:
(i)
the provisions of this title that govern nonconforming uses; and
(ii)
the provisions of this subtitle.
(2)
In the event of any conflict or inconsistency between the provisions that govern nonconforming uses and the provisions of this subtitle, the provisions that govern nonconforming uses control.
History: Ord. 16-581
History: Ord. 17-015
Balt., Md., Code art. 32, § 18-402 (2026)
§ 18-402 Continuation.LinkCopy Citation
Except as otherwise specified in this Code, nonconforming structures may be continued, subject to the requirements of this subtitle.
History: Ord. 16-581
Balt., Md., Code art. 32, § 18-403 (2026)
§ 18-403 Expansion of structure.LinkCopy Citation
A nonconforming structure may be expanded under:
(1)
Title 5, Subtitle 3 {“Variances”} of this Code; or
(2)
§ 18-411 {“Exceptions - Administrative bulk adjustments”} of this Code.
History: Ord. 16-581
History: Ord. 22-181
History:
Balt., Md., Code art. 32, § 18-404 (2026)
§ 18-404 Repairs and alterations.LinkCopy Citation
(a)Maintenance and repairs.
Normal maintenance and incidental repair may be performed on any nonconforming structure, 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 alterations may be performed on any nonconforming structure, 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 will result in eliminating the nonconformity; 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, § 18-405 (2026)
§ 18-405 Restoration of damaged structures.LinkCopy Citation
(a)In general.
If a nonconforming structure is damaged or destroyed, the structure may be repaired or reconstructed as long as no new nonconformities are created and the existing degree of nonconformity is not increased.
(b)Timely restoration required.
(1)
A building permit must be obtained for the repair or reconstruction within 2 years 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 the 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 structure may not be restored unless the structure conforms to all regulations of the district in which it is located.
History: Ord. 16-581
Balt., Md., Code art. 32, § 18-406 (2026)
§ 18-406 Relocation.LinkCopy Citation
A nonconforming structure may not be moved, in whole or in part, to any other location on the lot, unless the structure or the moved part of the structure is made to comply with the bulk and yard regulations of the district in which the structure is located.
History: Ord. 16-581
History: Ord. 17-015
Balt., Md., Code art. 32, § 18-407 to 18-410 (2026)
§§ 18-407 to 18-410LinkCopy Citation
Reserved
Balt., Md., Code art. 32, § 18-411 (2026)
§ 18-411 Exceptions – Administrative bulk adjustments.LinkCopy Citation
(a)In general.
A minor expansion of a nonconforming structure may be made with the administrative approval of the Zoning Administrator, as provided in this section.
(b)Application; Certifications.
(1)
An application under this section must be filed by the property owner or with the written consent of the property owner.
(2)
The application must be filed with the Zoning Administrator, in the form and with the information and accompanying plans that the Zoning Administrator requires.
(3)
The application must include a certification by the property owner:
(i)
that the structure is a nonconforming structure; and
(ii)
that a copy of the application has been given to the owners of the adjoining properties.
(4)
On receipt of an application, the Zoning Administrator must promptly refer it to the Director of Planning for design review.
(c)Review and approval.
The Planning Director may recommend approval of the application if, after design review, the Director finds that the proposal:
(1)
is in harmony with the general character, arrangement, design, and architectural features of similar buildings within a radius of 300 feet;
(2)
is not contrary to the public interest; and
(3)
is consistent with the purposes and intent of this Code.
(d)Imposition of conditions.
To the extent necessary or desirable to reduce or minimize any effect of a proposed expansion on other properties in the neighborhood<em>, </em>the Planning Director may recommend:
(1)
requiring changes in any design or plan of any existing structure or any alteration of the structure; and
(2)
imposing conditions, restrictions, and limitations governing:
(i)
screening or fencing;
(ii)
type of lighting; and
(iii)
any other relevant matter.
(e)Final decision.
(1)
A copy of the Planning Director’s recommendation on the application must be filed with the Zoning Administrator.
(2)
When issued, the Director’s decision constitutes a recommendation to the Zoning Administrator. The Zoning Administrator’s decision is a final decision for purposes of administrative appeal under Title 19, Subtitle 3 {“Administrative and Judicial Review”} of this Code.
(f)Compliance required.
(1)
Failure to comply with any change, condition, restriction, or limitation imposed under this section constitutes a violation of this Code.
(2)
No condition, restriction, or limitation imposed under this section may be changed unless, on the filing of a new application, that change is authorized under this section.
History: Ord. 16-581
History: Ord. 17-015
Balt., Md., Code art. 32, § 18-412 (2026)
§ 18-412 Exceptions – Multi-family structures.LinkCopy Citation
(a)Scope.
(1)
Except as provided in paragraph (2) of this subsection, this section applies to any structure that:
(i)
at any time, with or without authorization of the Board of Municipal and Zoning Appeals, has been converted for 4 or more dwelling units or, if originally built for 4 or more dwelling units, has been converted to increase the number of dwelling units; and
(ii)
now fails to comply with the minimum lot area requirements of the district in which it is located.
(2)
This section does not apply to any nonconforming structure that:
(i)
in compliance with this Code or before June 5, 2017, was originally designed and built as a multi-family dwelling for 4 or more dwelling units, as evidenced by permits or records of the City; and
(ii)
has not been altered, added to, or subdivided in any way that increases the number of dwelling units to more than the maximum now allowed under this Code.
(b)Abandonment of dwelling unit.
If, at any time, actual abandonment is evidenced by the issuance of a use permit for fewer dwelling units:
(1)
that action constitutes an abandonment of the dwelling unit;
(2)
all rights to continue or reestablish the previous number of dwelling units immediately terminate; and
(3)
the number of dwelling units allowed to continue in the structure is reduced by 1.
(c)Exceptions.
This section does not apply to § 18-306(c) {“Change of use . . . Reversion prohibited.”} of this Code.
History: Ord. 16-581
History: Ord. 17-015
History: Ord. 22-181
History:
Balt., Md., Code art. 32, § 18-413 (2026)
§ 18-413 Structures in Hospital Campus District.LinkCopy Citation
All lawfully existing structures that, as of June 5, 2017, are located in a Hospital Campus Zoning District are considered to be conforming structures.
History: Ord. 16-581
History: Ord. 17-015
History: Ord. 18-171