The purpose of this title is to outline the specific powers and duties of the different administrative bodies and officials who implement this Code.
In the case of any conflict between this title and Title 4 {“Development Reviews”} or Title 5 {“Applications and Authorizations”} of this Code, the provisions of Titles 4 and 5 control.
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There is an Office of Zoning Administrator, constituted as an independent unit of the Department of Planning.
The Zoning Administrator is the executive head of the Office.
Employees of the Office may be appointed as authorized by the Ordinance of Estimates.
The Zoning Administrator administers and enforces this Code.
The Zoning Administrator has the following powers and duties under this Code:to determine whether a variance is a major or minor variance (Title 5, Subtitle 3);
to grant minor variances (Title 5, Subtitle 3);
to authorize use permits (Title 5, Subtitle 7);
to provide zoning consultations (Title 5, Subtitle 8);
to issue zoning verifications (Title 5, Subtitle 9);
to inspect structures and uses of land to determine compliance with this Code and, where violations are found, initiate action to secure compliance;
to preserve all records from the administration of the zoning law since its enactment by Ordinance No. 1247, approved March 30, 1931;
to maintain permanent records of this Code and of all actions taken under it, including:all maps adopted under this Code; and
all amendments to this Code and to the maps adopted under it;
the rules and regulations of the Board of Municipal and Zoning Appeals;
applications for and approvals of conditional uses and variances; and
appeals taken under this Code;
to provide and maintain a public information service on matters arising out of this Code;
Where reasonable, necessary, and not a fundamental alteration of this Code, to provide reasonable accommodation in the application of this Code for the siting, development, and use of housing or services for an individual protected under the Federal Americans with Disabilities Act or the Federal Fair Housing Amendments Act;
to receive, file, review, maintain copies of, and forward to the Board of Municipal and Zoning Appeals applications for conditional uses, variances, appeals, and other matters on which the Board is required to act;
to perform completeness review of applications (§ 5-202);
with the approval of the Board of Estimates, to set fees for processing applications, issuing permits and other authorizations, and performing the various other functions required or authorized by this Code; and
to perform all other functions assigned to the Zoning Administrator by this Code.
Before approving any reclassification of the position of Zoning Administrator outside the Civil Service, the Civil Service Commission shall provide reasonable advance notice to the City Council.
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Ord. 17-015
There is a Board of Municipal and Zoning Appeals, as established in <cite data-doc="City of Baltimore, Md., Charter" data-path="VII|§82">City Charter Article VII, § 82</cite>.
In addition to the powers and duties specified in <cite data-doc="City of Baltimore, Md., Charter" data-path="VII">City Charter Article VII</cite>, §§ <cite data-doc="City of Baltimore, Md., Charter" data-path="VII|§83">83</cite> through <cite data-doc="City of Baltimore, Md., Charter" data-path="VII|§89">89</cite> and in State law, the Board of Municipal and Zoning Appeals has the following powers and duties under this Code:to grant major variances (Title 5, Subtitle 3);
to grant conditional use authorizations (Title 5, Subtitle 4);
to hear appeals from decisions of the Zoning Administrator;
with the approval of the Board of Estimates, to set fees for filing and hearing appeals, granting variances, and for the various other functions required or authorized by this Code;
to perform all other functions assigned to the Board by this Code;
to authorize accessory uses as long as they meet the standards for “accessory use”, as defined in <cite data-path="|32|§1-302|(c)">§ 1-302(c) of this article</cite>; and
to authorize uses not otherwise listed in this Code, subject to <cite data-path="|32|§1-217">§ 1-217 of this article</cite>.
Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Board of Municipal and Zoning Appeals may adopt rules and regulations:for the conduct of its practices and procedures; and
as otherwise directed or authorized in this Code.
The Board of Municipal and Zoning Appeals must provide the Zoning Administrator with copies of all matters acted on by the Board, including:all orders, requirements, decisions, determinations, rules, and regulations; and
all other information necessary for the proper administration and enforcement of this Code.
Meetings of the Board of Municipal and Zoning Appeals are held:at the call of the chair; and
at any other time that the Board determines by general rule.
All hearings of the Board of Municipal and Zoning Appeals under this Code must be open to the public.
The Board of Municipal and Zoning Appeals must:fix a reasonable time and place for the public hearing of an application, appeal, or other matter;
give public notice of the hearing in accordance with Title 5 of this Code; and
require the applicant, appellant, or other person initiating the hearing to post the subject property with a notice of the time, place, and purpose of the hearing, as follows:for a hearing on a variance or conditional use, as provided in § 5-602 {“BMZA – Major variances; conditional uses} of this Code; and
in all other cases, at least 21 days before the hearing.
The chair or acting chair of the Board of Municipal and Zoning Appeals may administer oaths and compel the attendance of witnesses.
At the hearing, any party may:appear in person, by agent, or attorney; and
testify as to any material facts.
All voting sessions of the Board of Municipal and Zoning Appeals must be open to the public.
The number of votes specified in the State Land Use Article is required for the Board to:reverse any order, requirement, decision, or determination of the Zoning Administrator; or
decide in favor of the applicant on any matter on which it is required to pass under this Code.
The Board of Municipal and Zoning Appeals must keep minutes of all its proceedings, indicating:the members present; and
on each question, how each member voted or that the member was absent or failed to vote.
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Ord. 18-136
Ord. 18-171
Ord. 20-386
Text Conformed 02/28/21
Ord. 22-181
By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed subsection (c) to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.
There is a Planning Commission, as established in <cite data-doc="City of Baltimore, Md., Charter" data-path="VII">City Charter Article VII</cite>, §§ <cite data-doc="City of Baltimore, Md., Charter" data-path="VII|§70">70</cite> and <cite data-doc="City of Baltimore, Md., Charter" data-path="VII|§71">71</cite>.
In addition to the powers and duties specified in <cite data-doc="City of Baltimore, Md., Charter" data-path="VII|§72">City Charter Article VII, § 72</cite>, the Planning Commission has the following powers and duties under this Code:to make recommendations on amendments to the zoning text and maps (Title 5, Subtitle 5);
to make recommendations on planned unit developments (Title 13);
to develop and revise from time to time a Design Manual (Title 4, Subtitle 4);
to develop and revise from time to time a Landscape Manual (Title 4, Subtitle 5);
unless specifically provided for otherwise, to hear appeals from the decisions of the Director of Planning on:site plan review (Title 4, Subtitle 2);
environmentally sensitive areas review (Title 4, Subtitle 3);
design review (Title 4, Subtitle 4); and
landscape review (Title 4, Subtitle 5; Landscape Manual); and
with the approval of the Board of Estimates, to set fees for filing and hearing appeals and for the various other functions required or authorized by this Code;
to conduct from time to time a comprehensive rezoning process in conformance with the Comprehensive Master Plan for the City of Baltimore, which includes the Land Use Map;
to review and propose updates to the Land Use Map, no less than quadrennially; and
to perform all other functions assigned to the Commission by this Code.
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There is a Director of Planning, as appointed under <cite data-doc="City of Baltimore, Md., Charter" data-path="VII|§73">City Charter Article VII, § 73</cite>.
In addition to the powers and duties specified in <cite data-doc="City of Baltimore, Md., Charter" data-path="VII">City Charter Article VII</cite>, §§ <cite data-doc="City of Baltimore, Md., Charter" data-path="VII|§74">74</cite> through <cite data-doc="City of Baltimore, Md., Charter" data-path="VII|§80">80</cite>, the Director of Planning has the following powers and duties under this Code:to perform the following reviews:site plan review (Title 4, Subtitle 2);
environmentally sensitive areas review (Title 4, Subtitle 3);
design review (Title 4, Subtitle 4; Design Manual); and
landscape review (Title 4, Subtitle 5; Landscape Manual);
to review and grant administrative exceptions for design review (§ 4-409);
from time to time, to initiate a study of this Code, the Design Manual, and the Landscape Manual and report his or her recommendations to:the City Council;
the Board of Municipal and Zoning Appeals;
the Housing Commissioner;
the Health Commissioner;
the Planning Commission; and
any others deemed appropriate; and
with the approval of the Board of Estimates, to set fees for site-plan, sensitive-area, design, and landscape reviews and for the various other functions required or authorized by this Code; and
to perform all other functions assigned to the Director by this Code.
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Ord. 18-171
In addition to the powers and duties specified elsewhere in the City Code, the Commissioner of Housing and Community Development (who also serves as the Building Official) has the power and duty under this Code:
to issue use permits (Title 5, Subtitle 7); and
to perform all other functions assigned to the Housing Commissioner by this Code.
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