Baltimore Just Made it Easier to Obtain a Zoning Variance
Baltimore property owners often assume that if a project doesn’t comply with the Zoning Code, the project is dead.
That’s not necessarily true.
In fact, Baltimore recently made it significantly easier to obtain many zoning variances.
At the Heyman Law Firm, we regularly represent homeowners, developers, landlords, businesses, and institutions before the Baltimore Board of Municipal and Zoning Appeals (BMZA). One of the most common misconceptions we hear is that variances are impossible to obtain. While they have never been automatic, Baltimore’s recent changes to the Zoning Code have made the process more practical and more consistent with Maryland law.
If you’ve been told your project can’t be approved – or you’ve never pursued it because you assumed the answer would be “no” – it may be time to take another look.
What is a Variance?
A variance is permission to deviate from a zoning requirement.
You might need one if you want to:
- convert a building into additional apartments;
- build an addition that encroaches into a setback;
- reduce parking requirements;
- increase lot coverage;
- construct an accessory structure that doesn’t meet dimensional standards; or
- seek relief from other bulk, area, or dimensional requirements.
A variance does not allow a prohibited use. If zoning doesn’t allow a restaurant in a residential district, you still can’t obtain that use through a variance. The new ordinance expressly confirms this.
The Biggest Change: Baltimore Abandoned the “Uniqueness” Requirement
Previously, applicants often had to prove that their property was somehow “unique” compared to neighboring properties.
That sounds simple.
In practice, it was often the hardest part of the case.
- Was a narrow lot unique enough?
- Was an oddly-shaped rowhouse unique?
- Was a historic building unique?
Reasonable people – and hearing officers – often disagreed.
The new ordinance eliminates that requirement from the City’s approval standards. Instead, the Board now asks whether: because of the conditions peculiar to the property or exceptional circumstances related to the structure or land, strict application of the zoning code would create a practical difficulty, as distinguished from a mere inconvenience. That is a much more practical inquiry.
The Focus is Now on the Property (Not Magic Words)
Instead of trying to prove your property is “unique,” applicants should explain what is physically different about it.
Examples include:
- a building constructed long before current zoning rules;
- a narrow city lot;
- an irregularly shaped parcel;
- a steep grade;
- an existing structure that cannot reasonably be expanded;
- historic construction that predates modern setbacks; or
- other physical characteristics that make literal compliance difficult.
Those are precisely the types of circumstances the revised ordinance is designed to address.
“Practical Difficulty” Doesn’t Mean “Impossible”
The ordinance also clarifies another important point. The question isn’t whether compliance is impossible. The question is whether literal enforcement creates a practical difficulty rather than a mere inconvenience. That’s an important distinction.
For example, forcing an owner to remove several existing apartments from a century-old apartment building because modern lot-area standards changed decades after construction may create a practical difficulty.
Having to move a garden shed a few feet probably does not.
The Board Still Has to Protect Baltimore Neighborhoods
This is not an invitation to ignore zoning. The applicant must still prove that the variance:
- was not self-created;
- is not sought merely to increase profits;
- will not injure neighboring properties;
- will not substantially diminish neighborhood property values;
- is consistent with the City’s Comprehensive Master Plan;
- will not endanger the public health, safety, or welfare; and
- is not contrary to the public interest.
Those safeguards remain firmly in place.
More Flexibility, But Not a Free Pass
The ordinance also broadens the City’s authority to grant variances from provisions of the Zoning Code while expressly confirming several important limits.
For example:
- A variance cannot be used to authorize a use that zoning otherwise prohibits.
- Sign-related variances remain subject to separate limitations.
- The City made clear that variance authority is intended to complement—not replace—other relief available under the Zoning Code.
Property Owners Now Have More Time to Use an Approved Variance
Another practical improvement is the extension of the time period to exercise an approved variance. Previously, approvals generally expired after one year.
The new ordinance extends that period to two years, giving owners additional time to obtain permits, financing, and begin construction.
For many projects—particularly rehabilitation work in older buildings—that additional year can make a significant difference.
What Does This Mean for Baltimore Property Owners?
If you’ve previously been told:
- “Your lot isn’t unique enough.”
- “That variance will never be approved.”
- “Your building is grandfathered, but you can’t expand or reconfigure it.”
- “It’s probably not worth applying.”
…the law has changed.
Every property is different, but many projects that previously faced significant legal hurdles deserve a fresh review under Baltimore’s revised variance standards.
That is especially true for:
- historic rowhouses;
- mixed-use buildings;
- adaptive reuse projects;
- apartment conversions;
- multifamily rehabilitation projects;
- commercial redevelopment; and
- infill development on constrained urban lots.
Why Legal Representation Matters for Zoning Issues in Baltimore
Even under the revised ordinance, a variance is not automatic.
Applicants must still present evidence demonstrating why relief is justified, address neighborhood impacts, satisfy the statutory approval criteria, and effectively respond to questions from BMZA hearing officers and Board members.
A well-prepared application often makes the difference between approval and denial.
At The Heyman Law Firm, we help clients throughout Baltimore navigate every stage of the zoning process, including:
- evaluating whether a variance is required;
- preparing variance applications;
- developing the factual record necessary for approval;
- coordinating with architects, engineers, and land-use professionals;
- representing clients before BMZA; and
- handling appeals of zoning decisions when necessary.
Whether your project involves converting an older building into additional apartments, expanding an existing structure, redeveloping a commercial property, or overcoming dimensional restrictions, we can help evaluate your options and advocate for your project.
What Baltimore Property Owners Need to Know
Baltimore’s adoption of Ordinance 25-015 represents one of the most significant changes to the City’s variance process in years. The focus has shifted away from rigid legal terminology and toward the real-world conditions that make compliance with the Zoning Code difficult.
For many property owners, that means projects that once appeared unattainable may now have a viable path to approval.
If you’re considering a project that may require zoning relief – or you’ve previously been told that a variance wasn’t possible – we would be happy to evaluate your property and discuss your options.
Contact Simon Penning at the Heyman Law Firm to schedule a consultation and determine whether Baltimore’s updated zoning laws can help move your project forward.