Putting your operations in the place you want them is often a challenge. The local zoning laws and boards in Baltimore often seek the best interests of the neighbors around building projects, but sometimes what is most convenient for your business – and potentially for your neighbors – is blocked by decades-old zoning decisions.
Our attorneys seek to overturn regulations and get exceptions for our clients so they can proceed with building projects, expansions, and land use to grow and develop their businesses. Whether this means getting permission to build more housing, a variance to get closer to a property line, or to build an extra structure you need, we can help.
Reach out to the zoning and land use attorneys at Heyman Law Firm at (410) 305-9287 to get started.
Baltimore Zoning Laws
Throughout Baltimore, zoning laws govern how land is used. These often place restrictions and requirements on all kinds of factors about property ownership and use:
- Permitted use (e.g., multifamily, commercial, industrial, mixed-use)
- Environmental impact
- Building size
- Site layout
- Setback from property lines
- Historical preservation
- And more.
These rules not only govern what you can build and where you can build it, but also what kinds of operations will be allowed in the buildings on that site. Sometimes your business requires changes to these lands to make your property work for you.
How a Zoning and Land Use Lawyer Helps
All kinds of zoning actions and restrictions can be challenged, and exceptions can be sought to change how these laws apply to your property. Our attorneys can handle many of the following issues:
Variances
A variance is an exception to a zoning rule. Sometimes you can seek a variance – i.e., seek permission to break the rule – and proceed with construction or operations in a place that you would otherwise be blocked from proceeding.
Variances can be sought through the Board of Municipal and Zoning Appeals through public hearings.
Conditional Use
Conditional uses are similar to a variance, except you essentially get the exception because you are doing something or taking additional steps to make sure you can use the property that way safely and without impacting the neighborhood.
Hearings
Many zoning and land use issues need to go to public hearings before the Board. We can prepare for these hearings and represent you throughout the process.
Negotiations
Issues often need to be negotiated with City Hall to show the politicians how your project or use will improve the city and not just benefit you. Showing City Hall that you are willing to work with them instead of trying to go under the radar can often go a long way toward accomplishing your goals, especially when there is a give and take to offset the kinds of impacts that might bother the City (noise, traffic, etc.).
Submitting Floor Plans
A lot of the paperwork of projects involves submitting floor plans and getting approval. This can feel like a basic procedural step, but proper care and attention are often needed to avoid questions and objections.
Citations
Citations can happen when you do not work with a zoning lawyer. If you or your company was cited for nonconforming use, we may need to challenge the citations and seek the variances to let your nonconforming use continue.
Appeals
When decisions are made against you, you need a lawyer to fight them. Through reconsideration, we may be able to get decisions against you overturned or else file in the Circuit Court for Baltimore City to have a judge review the decisions.
FAQs for Zoning and Land Use Laws in Baltimore, MD
What is a Variance vs. Conditional Use?
A variance is essentially an exception from the literal terms of the zoning ordinances to allow a project or use to proceed that would otherwise violate the rules. Usually, a variance is only granted when the owner faces a hardship that they did not create because of unique circumstances.
Conditional uses are instead granted by the government to allow you to break rules, so long as you follow additional rules to limit that violation and the impact it can cause.
Is a Zoning Lawyer Different from a Real Estate Lawyer?
Our attorneys are also real estate lawyers, so we can handle all issues related to your property acquisition, building projects, and business decisions. Whether you need us to help you acquire the property in the first place or develop it for the purposes you need, we can handle the case.
Can You Build in Historic Districts in Baltimore?
Baltimore is a city with a rich, long history and multiple Historic Districts. Properties in historic districts actually get all kinds of benefits, such as tax incentives for preservation work and no use restrictions. However, there are more requirements that must be met to make renovations in a Historic District, including additional authorization and public hearings.
Generally, this means you cannot change the exterior appearance of a structure, but demolition and new construction are allowed in Historic Districts if you get proper approval. This usually requires proof that the changes will not change the historic character of the district.
How Do You Deal with Public Objections to Zoning Issues?
Our job is to work with you on your goals and put them before the Board of Municipal and Zoning Appeals and City Hall. The public is of course permitted to object and make its voice heard during hearings, and we can advise you how best to take potential objections into consideration.
Often, the Board and the City can be shown that we have the best argument and evidence, convincing them to grant things like variances or even rezoning to help with your project. Other times, it will take additional evidence and projections to prove to the Board or City that your project is a benefit, despite public objections.
Call Our Zoning and Land Use Lawyers in Baltimore Today
Contact the Heyman Law Firm’s zoning and land use attorneys at (410) 305-9287 to discuss our services.