# Subtitle 47 – Variances

Current through 2026-07-17. Source: City of Balt., Md., Ord. 26-129. Published by the Baltimore City Department of Legislative Reference.

## § 47-1 “Variance” defined; When request required.

Balt., Md., Code art. 7, § 47-1 (2026)

“Variance” means the process of obtaining approval for a forest conservation plan that does not strictly conform to the standards and requirements set forth in this Division IV.  A variance must be requested in advance of approval of a Forest Conservation Plan and in advance of any activity requiring approval of a Forest Conservation Plan.

*History: Ord. 93-170*

*History: Ord. 20-401*

## § 47-2 When authorized.

Balt., Md., Code art. 7, § 47-2 (2026)

Variances from this Division IV may be granted by the Planning Commission, if the applicant demonstrates that enforcement would result in unwarranted hardship to the applicant.

*History: Ord. 93-170*

## § 47-3 Applications.

Balt., Md., Code art. 7, § 47-3 (2026)

An applicant for a variance shall:

(1) describe the special conditions peculiar to the property which would cause the unwarranted hardship;

(2) describe how enforcement of these rules will deprive the applicant of rights commonly enjoyed by others in similar areas;

(3) verify that the granting of the variance will not confer on the applicant a special privilege that would be denied to other applicants;

(4) verify that the variance request is not based on conditions or circumstances which are the result of actions by the applicant;

(5) verify that the need for the variance is not as a result of a violation of any portion of Division IV;

(6) verify that the request does not arise from a condition relating to land or building use, either permitted or nonconforming, on a neighboring property;

(7) verify that the granting of a variance will not adversely affect water quality; and

(8) such other criteria that, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Planning Commission may set by rule or regulation.

*History: Ord. 93-170*

*History: Ord. 20-401*

*History: Text Conformed 02/16/21*