# Land Use (GLU)

## Title 10. Baltimore City Zoning

### Subtitle 1. General Provisions

#### Section 10-101

(a) In this title the following words have the meanings indicated.

(b) "Board" means the Board of Municipal and Zoning Appeals.

(c) "Commercial use" includes multifamily residential development if the development is located within:

  (1) a waterfront commercial zoning district; and

  (2) a 0.50-mile radius of a commuter rail station.

#### Section 10-102

(a) A regulation adopted under this title that conflicts with any statute, local law, or other regulation shall govern if the regulation adopted under this title:

  (1) requires a greater width or size of yards, courts, or other open spaces;

  (2) requires a lower height of buildings;

  (3) requires a reduced number of stories;

  (4) requires a greater percentage of lot left unoccupied; or

  (5) imposes a more restrictive standard.

(b) A statute, local law, or other regulation that conflicts with a regulation adopted under this title shall govern if the statute, local law, or other regulation:

  (1) requires a greater width or size of yards, courts, or other open spaces;

  (2) requires a lower height of buildings;

  (3) requires a reduced number of stories;

  (4) requires a greater percentage of lot left unoccupied; or

  (5) imposes a more restrictive standard.

#### Section 10-103

(a) Except as provided in this section, this division does not apply to Baltimore City.

(b) The following provisions of this division apply to Baltimore City:

  (1) this title;

  (2) Sec. 1-101(m) (Definitions - "Priority funding area");

  (3) Sec. 1-101(o) (Definitions - "Sensitive area");

  (4) Sec. 1-201 (Planning principles);

  (5) Sec. 1-206 (Required education);

  (6) Sec. 1-207 (Annual report - In general);

  (7) Sec. 1-208 (Annual report - Measures and indicators);

  (8) Title 1, Subtitle 3 (Consistency);

  (9) Title 1, Subtitle 4, Parts II and III (Home Rule Counties - Comprehensive Plans; Implementation);

  (10) Sec. 4-104(c) (Limitations - Parking);

  (11) Sec. 4-104(d) (Limitations - Manufactured homes and modular dwellings);

  (12) Sec. 4-104(e) (Limitations - Mixed-use development);

  (13) Sec. 4-104(f) (Limitations - Land for transportation use);

  (14) Sec. 4-205 (Administrative adjustments);

  (15) Sec. 4-208 (Exceptions - Maryland Accessibility Code);

  (16) Sec. 4-210 (Permits and variances - Solar panels);

  (17) Sec. 4-211 (Change in zoning classification - Energy generating systems);

  (18) Sec. 4-215 (Pollinator-friendly vegetation management);

  (19) Sec. 4-216 (Limitations - Family child care homes and large family child care homes);

  (20) Title 4, Subtitle 5 (Accessory Dwelling Units);

  (21) Sec. 5-102(d) (Subdivision regulations - Burial sites);

  (22) Title 7, Subtitle 1 (Development Mechanisms);

  (23) Title 7, Subtitle 2 (Transfer of Development Rights);

  (24) Title 7, Subtitle 3 (Development Rights and Responsibilities Agreements);

  (25) Title 7, Subtitle 4 (Inclusionary Zoning);

  (26) Title 7, Subtitle 5 (Housing Expansion and Affordability);

  (27) Title 11, Subtitle 2 (Civil Penalty); and

  (28) Title 12. (Maryland Housing Certainty Act).

#### Section 10-104

(a) In this section, "Red Line" means a transit facility, regardless of mode, operating in a combination of at-grade, elevated, or underground configurations through Baltimore City and Baltimore County along a generally east-to-west alignment between the terminus of Security Boulevard on the west and Johns Hopkins Bayview Medical Center on the east, connecting as appropriate to other fixed-route transit services.

(b) Notwithstanding Sec. 10-202 of this title, the Mayor and City Council of Baltimore City may not adopt or enforce a local law that requires the creation of new motor vehicle off-street parking for a development that includes residential use and that is located within a 0.25-mile radius of a present or planned:

  (1) MARC station;

  (2) Baltimore MTA Light Rail station;

  (3) Red Line station, regardless of transit mode; or

  (4) Metro station.

### Subtitle 2. Powers

#### Section 10-201

(a) It is the policy of the State that:

  (1) the orderly development and use of land and structures requires comprehensive regulation through the implementation of planning and zoning controls; and

  (2) planning and zoning controls shall be implemented by local government.

(b) To achieve the public purposes of this regulatory scheme, the General Assembly recognizes that local government action will limit free business enterprise and competition by owners and users of property through the planning and zoning controls set forth in this title and elsewhere in the public general and public local laws.

#### Section 10-202

To promote the health, safety, and general welfare of the community, the Mayor and City Council of Baltimore City may regulate:

(1) the height, number of stories, and size of buildings and other structures;

(2) the percentage of a lot that may be occupied;

(3) off-street parking;

(4) the size of yards, courts, and other open spaces;

(5) population density; and

(6) the location and use of buildings, signs, structures, and land.

#### Section 10-203

The powers granted to the Mayor and City Council of Baltimore City under this title do not:

(1) grant to the Mayor and City Council powers in any substantive area not otherwise granted to the Mayor and City Council by any other public general or public local law;

(2) restrict the Mayor and City Council from exercising any power granted to the Mayor and City Council by any other public general or public local law or otherwise;

(3) authorize the Mayor and City Council or the officers of Baltimore City to engage in any activity that is beyond their power under any other public general law or public local law or otherwise; or

(4) preempt or supersede the regulatory authority of any unit of the State under any public general law.

#### Section 10-204

(a) To preserve structures and landmarks of historic and architectural value as a public purpose of the State, the Mayor and City Council of Baltimore City may enact laws for historic and landmark zoning and preservation.

(b) This section does not restrict any charter power or other power of Baltimore City.

### Subtitle 3. Designation and Adoption

#### Section 10-301

(a) The Mayor and City Council of Baltimore City may divide Baltimore City into districts and zones of any number, shape, and area as they determine are best suited to carry out the purposes listed in Sec. 10-302 of this subtitle.

(b)

  (1) Within the districts and zones, the Mayor and City Council of Baltimore City may regulate the construction, alteration, repair, or use of buildings, structures, or land.

  (2)

    (i) Zoning regulations adopted by the Mayor and City Council of Baltimore City under this subtitle shall be uniform for each class or kind of development throughout each district or zone.

    (ii) Zoning regulations in one district or zone may differ from those in other districts or zones.

#### Section 10-302

Zoning regulations adopted by the Mayor and City Council of Baltimore City under this subtitle shall: 

(1) be in accordance with the plan;

(2) be designed to:

  (i) control street congestion;

  (ii) promote health, public safety, and general welfare;

  (iii) provide adequate light and air;

  (iv) promote the conservation of natural resources;

  (v) prevent environmental pollution;

  (vi) properly manage growth and development; and

  (vii) promote or facilitate adequate transportation, water, sewerage, schools, recreation, parks, and other public facilities; and

(3) include reasonable consideration for:

  (i) the character of the district or zone and its suitability for particular uses;

  (ii) the conservation of the value of buildings and other structures; and

  (iii) encouragement for orderly development and the most appropriate use of land throughout Baltimore City.

#### Section 10-303

(a) The Mayor and City Council of Baltimore City shall provide for the manner in which zoning regulations and the boundaries of districts and zones shall be established, enforced, and amended.

(b)

  (1) The Mayor and City Council of Baltimore City shall hold at least one public hearing on a proposed zoning regulation or boundary at which parties in interest and citizens have an opportunity to be heard.

  (2) The zoning regulation or boundary may not become effective until after the hearing or hearings.

(c) At least 15 days before a public hearing is held under this section, the Mayor and City Council of Baltimore City shall publish notice of the time and place of the hearing in a newspaper of general circulation in Baltimore City.

(d) If a hearing under this section will be on a proposed change in the boundaries of a district or zone, the Mayor and City Council of Baltimore City shall:

  (1) post a similar notice at a place designated by the respective zoning authorities within the district or zone proposed to be changed; and

  (2) mail notice of the proposed change by United States first-class mail to any person whose name last appeared in the Baltimore City tax records as the owner of the property proposed to be changed.

#### Section 10-304

(a) The Mayor and City Council of Baltimore City may amend or repeal zoning regulations and boundaries.

(b)

  (1) If the purpose and effect of a proposed map amendment is to change the zoning classification of particular property, the City Council shall make findings of fact that address:

    (i) population change;

    (ii) the availability of public facilities;

    (iii) present and future transportation patterns;

    (iv) compatibility with existing and proposed development for the area;

    (v) the recommendations of the Baltimore City Planning Commission and the Board; and

    (vi) the relationship of the proposed amendment to Baltimore City's plan.

  (2) The City Council may grant the amendment to change the zoning classification based on a finding that there was:

    (i) a substantial change in the character of the neighborhood where the property is located; or

    (ii) a mistake in the existing zoning classification.

  (3) The City Council may not allow the filing of an application for a reclassification of a tract or parcel of land for which a reclassification has been denied by the City Council on the merits in the 12 months before the date of the application.

#### Section 10-305

(a)

  (1) The Mayor and City Council of Baltimore City shall refer proposed changes to the boundaries of a district or zone to the Baltimore City Planning Commission and to the Board.

  (2) The Planning Commission and the Board shall:

    (i) study the proposed changes in relation to:

      (1) the plan;

      (2) the needs of Baltimore City; and

      (3) the needs of the particular neighborhood in the vicinity of the proposed changes; and

    (ii) report their findings and recommendations to the Mayor and City Council.

  (3) If the Planning Commission and the Board recommend disapproval of the proposed changes to the boundaries of a district or zone, the changes may not take effect unless a majority of the members of the City Council vote to approve the changes.

(b) The provisions of Sec. 10-303 of this subtitle concerning public hearings and notice apply to all changes or amendments to regulations and boundaries.

#### Section 10-306

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Community benefits agreement" means a contract signed by recognized community associations and an applicant for a zoning permit that requires the applicant to provide specific amenities, signage, mitigations, economic impacts, and requirements relating to the diversity, balance, and character of the local community or neighborhood defined in the agreement.

  (3) "Dispersal regulation" means a zoning regulation that requires a minimum distance between qualifying uses, measured in a straight line from the nearest point on a lot line of the property occupied by one qualifying use to the nearest point on a lot line of the other property occupied by a qualifying use.

  (4) "Grocery store" has the meaning stated in Sec. 9-254 of the Tax - Property Article.

  (5) "Pharmacy" has the meaning stated in Sec. 12-101 of the Health Occupations Article.

  (6)

    (i) "Small box discount store" means a retail store that has a floor area of more than 5,000 square feet and less than 12,000 square feet and that offers for sale:

      (1) a combination and variety of convenience shopping goods and consumer shopping goods; and

      (2) the majority of the items in the inventory at a price not to exceed $5.

    (ii) "Small box discount store" does not include:

      (1) a grocery store;

      (2) a store that contains a pharmacy where prescription drugs are compounded, dispensed, or distributed;

      (3) a store that offers for sale gasoline, diesel fuel, or on-site electric charging capabilities for vehicles;

      (4) a retail store where the majority of the products sold are personal hygiene products or cosmetics; or

      (5) a store that primarily engages in the resale of used consumer goods.

(b) In accordance with Sec.Sec. 10-201 and 10-202 of this title and Sec.Sec. 10-301 and 10-302 of this subtitle, the Mayor and City Council of Baltimore City may enact planning and zoning controls that:

  (1) establish a dispersal regulation that provides for a minimum distance between small box discount stores;

  (2) establish the development of a small box discount store as a conditional use;

  (3) as part of the approval process for the conditional use, authorize the consideration of whether the proposed conditional use is likely to:

    (i) have any detrimental impacts on the economy, diversity, or public safety of the neighborhood where the proposed conditional use is located;

    (ii) have any detrimental impacts on existing local retail and grocery stores; or

    (iii) impede the entry or preservation of full-service grocery stores;

  (4) establish a mechanism for the adoption and approval of a community benefits agreement between the applicant, along with the owner or operator of the building in which the small box discount store will be located if the applicant is not the owner or operator of the building, and recognized community associations;

  (5) require the notice of a zoning application for a small box discount store to be given to the residents and owners of property that is located within a 0.5-mile radius of the proposed site; and

  (6) establish a mechanism for the enforcement of community benefits agreements approved in accordance with item (4) of this subsection.

### Subtitle 4. Implementation

#### Section 10-401

(a) A violation of this title or a local law enacted or regulation adopted under this title is a misdemeanor.

(b)

  (1) The Mayor and City Council of Baltimore City may provide by local law for the enforcement of this title and any local law enacted or regulation adopted under this title.

  (2) The Mayor and City Council of Baltimore City may:

    (i) require punishment by fine or imprisonment or both; and

    (ii) enact or adopt civil penalties for a violation.

  (3) The Mayor and City Council of Baltimore City may provide by local law that a violation of this title or a local law enacted or regulation adopted under this title is a civil zoning violation.

(c) In addition to any other available remedies, the proper authorities of Baltimore City may institute any appropriate action or proceedings to:

  (1) prevent the unlawful construction, alteration, repair, conversion, maintenance, or use of a sign, a building, a structure, or land in violation of this title or any local law enacted or regulation adopted under this title;

  (2) restrain, correct, or abate the violation;

  (3) prevent the occupancy of the building, structure, or land; or

  (4) prevent any illegal act, conduct, business, or use in or about the premises of the building, structure, or land.

#### Section 10-402

(a) The City Council of Baltimore City may appoint full- and part-time hearing examiners that it considers necessary and appropriate to conduct public hearings as required under Sec.Sec. 10-303 through 10-305 of this title.

(b) The City Council shall establish the term of office, qualifications, and compensation for hearing examiners.

(c) A hearing examiner shall conduct a hearing in the same manner and subject to the same rules as a hearing conducted by the City Council.

(d) A hearing examiner shall issue a written recommendation in the time, manner, and form established by the City Council.

#### Section 10-403

(a) With the advice and consent of the City Council, the Mayor may provide for the appointment of a Board of Municipal and Zoning Appeals.

(b)

  (1) The Board shall consist of five members.

  (2)

    (i) The term of a member of the Board is 4 years.

    (ii) The terms of the members of the Board shall be staggered as provided on October 1, 2012.

  (3) With the advice and consent of the City Council, the Mayor shall appoint an individual to fill the unexpired term of any member.

  (4)

    (i) The Mayor may remove any member of the Board for:

      (1) incompetence;

      (2) misconduct; or

      (3) in the same manner as for a member of a State board or commission:

      (A) failure to attend meetings under Sec. 8-501 of the State Government Article; or

      (B) conviction of a crime in accordance with Sec. 8-502 of the State Government Article.

    (ii) The Mayor shall provide to the member:

      (1) a written statement of charges stating the grounds for removal; and

      (2) an opportunity for a public hearing to contest the charges.

  (5)

    (i) The Mayor shall designate one or more alternate members for the Board who may sit on the Board when another member of the Board is absent or recused.

    (ii) When an alternate member is absent or recused, the Mayor may designate a temporary alternate.

(c)

  (1) The Board shall adopt rules in accordance with any local law adopted under this title.

  (2) Meetings of the Board shall be:

    (i) held at the call of the chair and at other times determined by the Board; and

    (ii) open to the public.

  (3) The chair of the Board or, in the chair's absence, the acting chair may administer oaths and compel the attendance of witnesses.

  (4) The Board shall keep minutes of its proceedings, including the vote of each member on each question, or the member's absence or failure to vote.

  (5)

    (i) The Board shall keep records of the examinations and other official actions of the Board.

    (ii) The records of the Board shall be:

      (1) filed promptly in the office of the Board; and

      (2) open to the public.

#### Section 10-404

(a) The Board may:

  (1) hear and decide appeals when:

    (i) it is alleged that there was an error in any order, requirement, decision, or determination made by an administrative official or unit under this title or any local law adopted under this title; and

    (ii) the Board is authorized by the Mayor and City Council of Baltimore City by local law or the Charter of Baltimore City;

  (2) hear and decide special exceptions or conditional uses on which the Board is required to act under a local law;

  (3) authorize on appeal in specific cases a variance from the terms of a local law;

  (4) approve buildings and uses limited as to location by any regulation adopted under a local law; and

  (5) when acting on a zoning application, consider the availability of public facilities in the area, including schools and flood plain facilities, under regulations adopted under a local law.

(b) If authorized by the general zoning laws of Baltimore City, this subtitle does not prevent the Mayor and City Council of Baltimore City from granting by local law:

  (1) variances;

  (2) special exceptions; or

  (3) conditional uses.

(c) Nothing in this subtitle prohibits an administrative official or unit from making a decision under this title or any local law adopted under this title when authorized by the Mayor and City Council of Baltimore City by local law or the Charter of Baltimore City.

(d) This section does not alter or impair the right to appeal provided for under this subtitle.

#### Section 10-405

(a) An appeal to the Board may be filed by:

  (1) a person aggrieved by a decision of the administrative officer or unit; or

  (2) an officer or unit of Baltimore City affected by a decision of the administrative officer or unit.

(b) A person shall file an appeal within a reasonable time provided by local law or the rules of the Board by filing with the administrative officer or unit from whose action the appeal is taken and with the Board a notice of appeal specifying the grounds of the appeal.

(c) On receiving the notice of appeal, the administrative officer or unit from whose action the appeal is taken shall transmit to the Board all papers constituting the record of the action appealed.

(d)

  (1) Unless the administrative officer or unit from whose action an appeal is taken, after receiving the notice of appeal, certifies facts to the Board that the administrative officer or unit believes that a stay would cause imminent peril to life or property, an appeal stays all proceedings in the action appealed.

  (2) If the administrative officer or unit provides facts showing that a stay would cause imminent peril to life or property, the proceedings may be stayed only by a restraining order granted by:

    (i) the Board; or

    (ii) the Circuit Court for Baltimore City.

  (3) A restraining order may be issued only:

    (i) on application;

    (ii) for good cause shown; and

    (iii) after notice is given to the administrative officer or unit from whose action the appeal is taken.

(e)

  (1) The Board shall:

    (i) establish a reasonable time for the hearing of an appeal;

    (ii) give public notice of the existence of the appeal and of the hearing, and due notice to the parties in interest and to other persons entitled to notice under local law or the rules of the Board; and

    (iii) decide the appeal within a reasonable time.

  (2) At a hearing, a party may:

    (i) appear in person; or

    (ii) be represented by an agent or attorney.

(f)

  (1) The Board may, in conformity with this title:

    (i) wholly or partly reverse the order, requirement, or decision that is the subject of the appeal;

    (ii) wholly or partly affirm the order, requirement, or decision that is the subject of the appeal; or

    (iii) modify the order, requirement, or decision that is the subject of the appeal.

  (2) The Board shall have the powers of the administrative officer or unit from whose action the appeal is taken.

#### Section 10-406

(a) If five members of the Board are present, the concurring vote of at least four members is necessary to:

  (1) reverse any order, requirement, or decision of an administrative officer or unit;

  (2) decide in favor of the applicant on any matter on which the Board is required to act under a local law; or

  (3) effect any variation in a local law.

(b) If four members of the Board are present, the concurring vote of at least three members is necessary to take any action under this section.

### Subtitle 5. Judicial Review

#### Section 10-501

(a) A request for judicial review by the Circuit Court for Baltimore City may be filed by any person, taxpayer, or officer or unit of Baltimore City aggrieved by:

  (1) a decision of the Board; or

  (2) a zoning action by the City Council.

(b) The judicial review shall be in accordance with Title 7, Chapter 200 of the Maryland Rules.

(c) This section does not change the existing standards for judicial review of a zoning action.

#### Section 10-502

(a)

  (1) The Circuit Court for Baltimore City may:

    (i) consider the judicial review on the record; or

    (ii) allow either side or both sides to present additional testimony if the court believes that additional testimony is required for the proper disposition of the judicial review.

  (2) The court shall consider the judicial review without a jury.

(b)

  (1) In reviewing a decision of the Board, the Circuit Court for Baltimore City may:

    (i) reverse in whole or part;

    (ii) affirm in whole or part;

    (iii) modify; or

    (iv) remand for further consideration.

  (2)

    (i) If a petition for judicial review is remanded for further consideration, any testimony taken in court shall be made available to the Board.

    (ii) The costs of preparing the testimony shall be made a part of the costs of judicial review.

#### Section 10-503

A judgment of the Circuit Court for Baltimore City under Sec. 10-502 of this subtitle may be appealed to the Appellate Court of Maryland.

#### Section 10-504

(a) In addition to the judicial review provided under Sec. 10-501 of this subtitle, the Mayor and City Council of Baltimore City may allow judicial review by the Circuit Court for Baltimore City of any matter arising under the planning and zoning laws of Baltimore City.

(b) A judgment of the Circuit Court for Baltimore City under this section may be appealed to the Appellate Court of Maryland.

(c) This section does not restrict any charter power or other power of the Mayor and City Council of Baltimore City.

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Md. Code Ann., Land Use (as displayed at mgaleg.maryland.gov, October 16, 2026)