Baltimore County panel denies petition to recognize boarding-house use at 2420 Holly Neck Road

A Baltimore County zoning appeals panel on Nov. 19, 2024 said the petitioner, William Faber, did not meet his burden to show that 2420 Holly Neck Road is a lawful nonconforming "boarding house" under Baltimore County Zoning Regulations (BCZR) section 104, and the panel declined to grant the special hearing that would have recognized that status.

Panel chair Sharron Bernardi opened the public deliberation and concluded: "and therefore, it the special, you know, hearing is not granted to approve the existence of a lawful nonconforming use of a boarding house." Members Fred Lauer and William Palschuck agreed with the disposition during the discussion recorded in the transcript.

The panel's decision rested primarily on three factual findings raised repeatedly in the deliberation: the petition lacked contemporary documentary proof (leases, photographs or rental ledgers) that the property was occupied and operated continuously as a boarding house; county licensing and permit records showed gaps and lapses; and multiple code‑enforcement and police complaints, together with testimony in related recordings, raised public‑health and safety concerns.

Why it matters: a lawful nonconforming use allows a property to continue a preexisting use after zoning changes only if the owner proves continuity and other legal factors. If the panel had found the property lawfully nonconforming as a boarding house, it could have preserved that use despite…