<?xml version='1.0' encoding='utf-8'?>
<baltimore-city-law heading="§ 5-308 Approval standards.">
  <section prefix="§" num="5-308" heading="Approval standards.">
    <para num="(a)" heading="Required finding of practical difficulty.">To grant a variance, the Zoning Administrator, the Board of Municipal and Zoning Appeals, or the City Council, as the case may be, shall find that:<para num="(1)">because of the conditions peculiar to the property, including particular physical surroundings, shape, or topographical conditions of the specific structure or land involved, a practical difficulty, as distinguished from a mere inconvenience, would result if the strict letter of the applicable requirement were carried out; or</para>
      <para num="(2)">because of exceptional circumstances related to the specific structure or land involved, a practical difficulty, as distinguished from a mere inconvenience, would result if the strict letter of the applicable requirement were carried out.</para>
    </para>
    <para num="(b)" heading="Other required findings.">The Zoning Administrator, the Board of Municipal and Zoning Appeals, or the City Council, as the case may be, must also find that:<para num="(1)">the practical difficulty is caused by this Code and has not been created by the intentional action or inaction of any person who has a present interest in the property;</para>
      <para num="(2)">the purpose of the variance is not based exclusively on a desire to increase the value or income potential of the property;</para>
      <para num="(3)">the variance will not:<para num="(i)">be injurious to the use and enjoyment of other property in the immediate vicinity; or</para>
        <para num="(ii)">substantially diminish and impair property values in the neighborhood;</para>
      </para>
      <para num="(4)">the variance is not precluded by and will not adversely affect:<para num="(i)">any Urban Renewal Plan;</para>
        <para num="(ii)">the City’s Comprehensive Master Plan; or</para>
        <para num="(iii)">any Historical and Architectural Preservation District; and</para>
      </para>
      <para num="(5)">the variance will not otherwise:<para num="(i)">be detrimental to or endanger the public health, safety, or welfare; or</para>
        <para num="(ii)">be in any way contrary to the public interest.</para>
      </para>
    </para>
    <annotation type="History">Ord. 16-581</annotation>
    <annotation type="History">Ord. 17-015</annotation>
    <annotation type="History" />
  </section>
</baltimore-city-law>
