EXPLANATION: CAPITALS indicate matter added to existing law.
[Brackets] indicate matter deleted from existing law.
* WARNING: THIS IS AN UNOFFICIAL, INTRODUCTORY COPY OF THE BILL.
THE OFFICIAL COPY CONSIDERED BY THE CITY COUNCIL IS THE FIRST READER COPY.
INTRODUCTORY*
CITY OF BALTIMORE
COUNCIL BILL
Introduced by: Councilmember Clarke
A BILL ENTITLED
AN ORDINANCE concerning
title
Zoning - Nonconforming Use - Discontinuance or Abandonment
FOR the purpose of repealing certain exceptions to the general rules applicable to the discontinuance or abandonment of Class III nonconforming uses; extending the periods for reestablishing a Class III nonconforming use in certain Residential Districts; and generally relating to the reestablishment of Class III nonconforming uses.
body
BY repealing and reordaining, with amendments
Article - Zoning
Section(s) 13-407, 13-718
Baltimore City Revised Code
(Edition 2000)
SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That the Laws of Baltimore City read as follows:
Baltimore City Revised Code
Article - Zoning
§ 13 407. Discontinuance or abandonment.
(a) Discontinuance of use.
(1) Except as specified in this section, whenever the active and continuous operation of any Class III nonconforming use, or any part of that use, has been discontinued for 12 consecutive months:
(i) the discontinuance constitutes an abandonment of the discontinued nonconforming use, or discontinued part of that use, regardless of any reservation of an intent to resume active operations or otherwise not abandon the use; and
(ii) the discontinued nonconforming use, or discontinued part of that use:
(A) may not be reestablished; and
(B) any subsequent use of any part of the land or structure previously used for the discontinued use, or discontinued part of that use, must conform to the regulations of the district in which the land or structure is located.
(2) In accordance with Subtitle 7 {"Modifications and Continuances by Board"} of this title, the Board may extend the time limit for discontinuance for 1 or more additional periods. In no case, however, may the total of the additional time exceed THE FOLLOWING:
(I) FOR NONCONFORMING USES IN AN R-6, R-7, R-8, R-9, OR R-10 DISTRICT, 18 MONTHS; AND
(II) FOR NONCONFORMING USES IN ANY OTHER DISTRICT, 12 months.
(b) Abandonment of use.
Except as specified in this section, if, at any time, actual abandonment in fact is evidenced by removal of structures, machinery, or equipment, or by alterations that indicate a change in the use of any part of the land or structure:
(1) that action constitutes an abandonment of the nonconforming use, or affected part of that use; and
(2) all rights to continue or reestablish the nonconforming use, or part of that use, immediately terminate.
[(c) Exceptions for R 6 to R 10 Districts.
This section does not apply to any Class III nonconforming uses in an R 6, R 7, R 8, R 9, or R 10 District.]
§ 13 718. Continuances for Class II or III nonconforming use.
(a) Board authority.
The Board may extend the time limit for the discontinuance of a Class II or a Class III nonconforming use, subject to the limits stated in §§ 13 307 and 13 407 {"Discontinuance or abandonment"} of this title, as specified in this section.
(b) Timely application required.
To obtain an extension, the property owner must apply to the Board, in writing, before or within THE FOLLOWING PERIODS:
(1) FOR NONCONFORMING USES IN A R-6, R-7, R-8, R-9, OR R-10 DISTRICT, 12 MONTHS AFTER THE SPECIFIED DISCONTINUANCE PERIOD LAPSES; AND
(2) FOR NONCONFORMING USES IN ANY OTHER DISTRICT, 6 months after the specified discontinuance period lapses.
(c) General considerations.
(1) In addition to the findings required by subsection (d) of this section, the Board must give due regard to the age and condition of the structure and the practicability of its adaption or conversion to a conforming use.
(2) Any relief granted by the Board:
(i) may only be as reasonably required to effect substantial justice;
(ii) may not be granted on an arbitrary or discriminatory basis; and
(iii) must be granted with due consideration for its effect on the value, utilization, enjoyment, and ultimate development of neighborhood properties.
(d) Required findings.
The Board must find that:
(1) the nonconforming use has not in fact been abandoned;
(2) discontinuance of the use has been beyond the control of the owner;
(3) the owner has made all reasonable efforts to rent, lease, sell, or continue the use of the property; and
(4) the enforcement of the time limit would impose on the owner or lessee of the property exceptional and practical difficulties that are not:
(i) created by or the result of any action or lack of action by any person having an interest in the property; or
(ii) the result of disregard for or ignorance of the provisions of this title.
SECTION 2. AND BE IT FURTHER ORDAINED, That the catchlines contained in this Ordinance are not law and may not be considered to have been enacted as a part of this or any prior Ordinance.
SECTION 3. AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the 30th day after the date it is enacted.
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