Article 32 – Zoning

a “P” indicates that a use is permitted within that zoning district;

a “CB” indicates that a use is a conditional use within that zoning district requiring approval by the Board of Municipal and Zoning Appeals;

a “CO” indicates that a use is a conditional use within that zoning district requiring approval by Ordinance of the Mayor and City Council;

no letter (that is, a blank space) or the absence of the use from the table indicates that the use is not allowed within that zoning district; and

each Table of Uses organizes its lists of uses under the following “Use Categories”: “Residential”, “Institutional”, “Open-Space”, “Commercial”, “Industrial”, and “Other”.

an “A” indicates that a sign type is allowed in that Zoning District;

an “ASSC Only” indicates that a sign type is only allowed in an approved Area of Special Signage Control; and

a “CB” indicates that a sign type requires conditional approval by the Board of Municipal and Zoning Appeals.

If a specific use is listed in any use table, that specific use cannot be interpreted as falling within any generic use that is listed in the same table.

If the definition of a generic use specifically excludes a specific use, the generic use cannot be interpreted as allowing that specific use.

that use is specifically listed as a permitted or conditional use in the use table for that district; or

that use falls within the definition of a generic use that is itself listed as a permitted or conditional use in the use table for that district.

is not exhaustive; and

may not be construed to imply that any use not listed here is a permitted or conditional use.

crude oil terminals;

data centers;

incinerators;

junk or scrap storage and yards;

nuclear power plants;

private detention centers;

solid waste sanitary landfills;

storage on barges and belt conveyor systems used for the transfer of materials, but this prohibition does not apply to the continuous process of unloading or loading processed metal (as defined in § 1-308) for and during its transfer to or from a docked barge or vessel awaiting shipment; and

vehicle dismantling facilities.

customarily incidental and subordinate to the use of the principal structure served;

subordinate in lot coverage and floor area to the principal structure served; and

located on the same lot as the principal structure served.

customarily incidental and subordinate to the principal use of the lot or principal structure served; and

located on the same lot as the principal use or principal structure served.

“Adult use” means any establishment that offers its customers, for viewing, purchase, loan, or otherwise, sexually explicit materials or entertainment that, applying contemporary standards, the average individual would find, taken as a whole, appeals to the prurient interest.

“Adult use” includes any:

a banquet hall, a lodge or social club, or a similar place; or

an adult use, a lounge, live entertainment as a principal use, or a restaurant that provides live entertainment as an accessory use.

“Alternative energy system” means equipment used to generate thermal or electrical energy from renewable sources.

“Alternative energy system” includes:

primarily produces energy for consumption on site by a property owner or for supply to an electric grid; and

is supported by community members who purchase energy from the system and who might benefit financially from the system.

“Animal clinic” means an establishment used by a licensed veterinarian:

“Animal clinic” does not include a kennel.

contributes to the aesthetics of the structure; and

is not needed either for the structural integrity of the structure or to make the structure habitable.

“Art gallery” means an establishment that engages in the sale, loan, or display of paintings, sculptures, photographs, video art, or other works of art.

“Art gallery” does not include:

“Arts studio” means an establishment in which an art, a type of exercise, or an activity is taught, practiced, or studied, such as dance, martial arts, photography, music, painting, gymnastics, or yoga.

“Arts studio” includes:

“Arts studio” does not include an establishment that teaches the types of arts taught in an arts studio – industrial.

comprises a lightweight frame structure over which a covering is attached;

is designed to provide weather protection, identity, or decoration; and

is partially or wholly supported by the building to which it is attached.

“Banquet hall” means an establishment:

In paragraph (1)(vi) of this subsection, “promoter” means a person whose primary business is to organize, schedule, and operate one-time events in various leased venues through wide-scale promotions and advance sales of general admission tickets advertised primarily by flyers, websites, e-blasts, and social media and customarily selling general admission tickets at the door.

“Banquet hall” includes an establishment that provides live entertainment as an accessory to the use described in paragraph (1) of this subsection.

“Banquet hall” does not include any restaurant or tavern.

projects outward from a building;

begins at least 2 feet above the ground; and

has no structural support to the ground.

is used primarily as a the owner’s personal home; but

also, while the owner is in residence, provides lodging in 3 or fewer guest rooms to members of the general public who have primary residences elsewhere.

sold or offered somewhere other than on the property on which the sign is located; or

sold or offered on that property only incidentally, if at all.

“Boat manufacturing, repair, and sales” includes the following activities:

“Boat manufacturing, repair, and sales” does not include the leasing of dry dock or marina storage for individual boat owners.

“Body art establishment” means an establishment that offers body piercing, non-medical body modification, or tattooing services.

“Body art establishment” does not include an establishment that only offers ear piercing.

“Broadcasting station (tv or radio)” means commercial and public communications facilities, including radio and television broadcasting and receiving stations and studios.

“Broadcasting station (tv or radio)” does not include freestanding TV or radio antennas.

is of rigid construction over which a covering is attached;

is designed to provide weather protection, identity or decoration; and

is structurally independent or supported by attachment to a building on one or more sides.

“Car wash” means an establishment for washing or cleaning motor vehicles, whether by using mechanical devices or hand labor.

“Car wash” includes facilities for self-service motor vehicle washing or cleaning.

circuses, carnivals, fetes, bazaars, and similar events;

feats of horseback-riding ability, acrobatic stunts, trained animal acts, clowning, and similar performances;

mechanical rides or other amusement devices to which the public is admitted; and

temporary stands or facilities for selling or dispensing products for human consumption in connection with these uses.

“Cemetery” means land used or dedicated to the burial of the dead.

“Cemetery” includes:

“Community center” means a facility in which people who live in the neighborhood or community are able to meet and carry on cultural, social, or recreational activities.

“Community center” includes indoor or outdoor recreational facilities.

“Community-managed open-space garden” means an open-space area that:

“Community-managed open-space garden” includes:

“Community-managed open-space farm” means an open-space area that:

“Community-managed open-space farm” includes on-site storage, including storage for farmstands.

initiated by City government to modify the zoning classifications of multiple properties;

based on considerations concerning the common needs of a substantial geographic area, involving a considerable number of properties;

designed to control and direct the use of land and structures according to present and planned future conditions; and

the product of:

“Convention center” means an establishment that accommodates conventions, conferences, seminars, product displays, recreation activities, and entertainment functions.

“Convention center” includes accessory uses such as:

extends outward from an exterior wall at the roof line;

crowns a wall; or

divides a wall horizontally.

“Cultural facility” means a facility that provides cultural services and facilities to the public.

“Cultural facility” includes any of the following, whether operated by a public, non-profit, or private entity:

“Cultural facility” includes the following accessory uses designed and intended primarily for patrons of the facility:

that is used primarily for the remote storage, processing, and distribution of data; and

that is capable of using 10 megawatts or more of electricity.

“Day-care center: Adult” means an establishment that provides care for 3 or more elderly or functionally impaired adults on less than a 24-hour basis.

“Day-care center: Adult” does not include:

“Day-care center: Child” means an establishment that provides care for 3 or more children on less than a 24-hour basis.

“Day-care center: Child” does not include:

“Day-care home: Adult” means a dwelling in which a resident of the dwelling provides care for up to 8 elderly or functionally impaired adults who do not spend the night at the dwelling.

“Day-care home: Adult” does not include an adult day-care center.

“Day-care home: Child” means a dwelling in which a resident of the dwelling provides care for up to 8 children, including the resident’s own.

“Day-care home: Child” does not include a child day-care center.

is owned or operated by or for an educational institution or a hospital; and

provides group sleeping accommodations in 1 room or in a series of closely associated rooms for students not members of the same family.

“Driving range” means an area that is equipped with distance markers, clubs, balls, and tees for practicing the striking of golf balls.

“Driving range” includes an accessory snack bar and pro-shop.

is permitted in the zoning district in which the structure is located and used predominantly by 1 or more of the unit’s residents; or

is an arts-related activity, such as painting, photography, sculpture, music, and film, and conducted predominantly by 1 or more of the unit’s residents.

“Dwelling: Multi-family” means a dwelling that contains 2 or more dwelling units.

“Dwelling: Multi-family” includes common facilities for residents, such as laundry rooms.

are used as living facilities for no more than 1 family; and

contain permanently installed bathroom and kitchen facilities reserved for the occupants of those rooms.

“Educational facility: Commercial-vocational” means:

“Educational facility: Commercial-vocational” does not include a post-secondary educational facility.

“Educational facility: Post-secondary” means a post-secondary institution for higher learning, such as a university or college, that grants associate, bachelor, master, or doctoral degrees.

“Educational facility: Post-secondary” includes post-secondary theological schools for training ministers, priests, rabbis, or other religious functionaries.

“Educational facility: Post-secondary” does not include a commercial-vocational educational facility.

“Electric substation” means a facility that is:

“Electric substation” includes generation facilities used to support the electric distribution system.

“Entertainment: Indoor” means a predominantly spectator use conducted within an enclosed structure, such as a movie theater.

“Entertainment: Indoor” includes the following accessory uses designed and intended primarily for patrons of the facility:

“Entertainment: Indoor” does not include:

“Entertainment: Live” means 1 or more of any of the following, performed live by 1 or more individuals, whether or not done for compensation and whether or not admission is charged:

“Entertainment: Live” does not include any adult use.

streams or stream buffers;

habitats of threatened or endangered species;

forests or forested areas;

wetlands or wetland buffers;

steep slopes (i.e., slopes of 20% or more);

floodplains;

any part of the Chesapeake Bay Critical Area; and

significant or specimen trees.

to construct, reconstruct, or move a structure on a lot; or

to excavate, fill, drain, or conduct physical operations of any kind in preparation for or while undertaking the construction, reconstruction, or moving of a structure on a lot.

animal shows;

auctions;

carnivals;

circuses;

concerts;

fairs;

food booths;

games;

rides;

rodeos;

sales; or

similar activities.

“Family” means one of the following, together with customary household helpers:

“Family” includes, with respect to those listed in paragraph (1)(i) or (ii) only, up to 2 roomers within the dwelling unit, as long as they share a common entrance and cooking and bathroom facilities.

“Family” does not include, in any case:

“Fraternity or sorority house” means a primarily residential structure for the housing of undergraduates of local colleges and universities by members of the same fraternal or sororal organization or association.

“Fraternity or sorority house” includes a structure with shared facilities or separate dwelling units under one roof.

coincides with the right of way line of an existing or dedicated public or private street or pedestrian way;

complies with the design requirements for streets and pedestrian ways; and

does not include any point or portion of perimeter coinciding with an alley, lane, or unimproved street.

“Fuel station” means any premises or structure used for the retail sale of fuel, dispensed from fixed equipment into the fuel tanks of motor vehicles.

“Fuel station” includes:

“Funeral home” means an establishment for preparing deceased individuals for burial or cremation and for conducting rituals before burial or cremation.

“Funeral home” includes:

“Golf course” means a tract of land that has holes for playing a game of golf.

“Golf course” includes the following as accessory uses:

“Government facility” means a structure or land that is operated by a government agency.

“Government facility” includes agency offices, storage yards, public works facilities, recreation: indoor, and utility facilities that are operated by a government agency.

“Government facility” does not include a private detention center.

<strong>“</strong>Greenhouse” means a structure that is:

“Greenhouse” includes a “high tunnel”, “hoop-house”, “cold-frame”, or similar structure.

<strong>“</strong>Health and fitness center” means a gym or other facility that:

<strong>“</strong>Health and fitness center” includes the following accessory uses designed and intended primarily for patrons of the facility:

“Heavy sales, rental, or service” means a sales, rental, or service establishment that maintains a service or storage area that is outdoors or in a structure that is only partially enclosed.

“Heavy sales, rental, or service” includes:

<strong>“</strong>Heliport” means a designated landing area for discharging or picking up passengers or goods by helicopter or similar vertical-lift aircraft.

“Heliport” includes terminal facilities for passengers, goods, aircraft servicing, or storage.

is carried on in a dwelling unit by a resident of the dwelling unit; and

is secondary to the use of the dwelling unit for residential purposes.

“Homeless shelter” means a facility that provides temporary housing to homeless or transient individuals.

“Homeless shelter” includes accessory services such as counseling or vocational training.

“Hospital” means an institution that provides health services, primarily inpatient medical or surgical care for the sick or injured.

“Hospital” includes related facilities integral to the hospital, such as laboratories, outpatient centers, health-care clinics, helistops, training facilities, classrooms, staff offices, on-site medical waste and storage facilities, and central service facilities.

In this section, “guest unit” means any room or group of rooms that forms a single habitable unit occupied or designed or intended to be occupied for sleeping or living purposes.

“Hotel” or “motel” means a building that:

“Hotel” or “motel” does not include a bed and breakfast or a rooming house.

“Impervious surface” means any surface that does not allow stormwater to infiltrate into the ground.

“Impervious surface” includes rooftops, driveways, sidewalks, and pavement.

“Impervious surface” does not include ballasted railroad tracks.

“Incinerator” means a combustion unit that uses controlled flame combustion for the thermal destruction of solid waste, including municipal waste, industrial waste, hazardous waste, special medical waste, or sewage sludge.

“Incinerator” includes any:

“Industrial boat repair facility” means a facility with 5 or more slips (wet or dry) used solely for the manufacture, assembly, or repair of commercial or recreational watercraft.

“Industrial boat repair facility” does not include docking, storage, or sales of recreational watercraft.

“Industrial: General” means the processing, manufacturing, or compounding of materials, products, or energy, having impacts on the environment or significant impacts on the use and enjoyment of adjacent property in terms of noise, smoke, fumes, odors, glare, or health and safety hazards.

“Industrial: General” includes:

“Industrial: General” does not include or authorize any use prohibited by <cite data-path="|32|§1-209">§ 1-209 {“Uses prohibited citywide”} of this title</cite>.

“Industrial: Light” means the processing, manufacturing, assembly, or compounding of materials or products, where:

“Industrial: Light” includes incidental storage, sales, and distribution of products manufactured or stored on site.

“Industrial: Light” does not include or authorize any use prohibited by <cite data-path="|32|§1-209">§ 1-209 {“Uses prohibited citywide”} of this title</cite>.

“Industrial: Maritime-dependent” means industrial uses with maritime-dependent facilities.

“Industrial: Maritime-dependent” includes:

“Junk or scrap storage and yards” means any premises used for any 1 or more of the following:

“Kennel” means a business or other entity where 3 or more dogs or cats over 6 months old are boarded or maintained by a person other than their owner, and boarding is the primary or principal function of the use.

“Kennel” does not include:

“Landfill: Industrial” means a facility for the disposal of inert, non-hazardous industrial materials that are not biodegradable and are not economically and beneficially reusable at the time of their disposal.

“Landfill: Industrial” does not include a facility for the disposal of:

is exclusively for the temporary parking of a commercial vehicle while loading or unloading goods or materials; and

adjoins a street, alley, or other appropriate means of access.

“Lodge or social club” means a lodge or social club that:

“Lodge or social club” includes:

“Lodge or social club” does not include an establishment that permits non-members to pay a temporary membership fee at the door in order to enter and use the premises.

is a lot of record; or

has been established as a lot by an approved subdivision plat.

is not a front lot line; and

coincides with:

the right-of-way line of an existing or dedicated public street from which the property derives its address; or

where no public street exists, the right-of-way line of a public or private way from which the property derives its address.

“Lot line: Side” means a lot line that is neither a front lot line nor a rear lot line.

“Lot line: Side” includes an interior-side lot line and a corner-side lot line.

“Lounge” means a business establishment that:

“Lounge” does not include any of the following uses:

“Materials recovery facility” means, except as provided in paragraph (2) of this subsection, a facility that:

“Materials recovery facility” does not include:

“Mini-warehouse” means a facility in which:

“Mini-warehouse” includes accessory outdoor storage and retail sales of packing, moving, and storage supplies.

a motor vehicle, as defined in §11-135 {“Motor vehicle”} of the Maryland Vehicle Law;

a moped, as defined in §11-134.1 {“Moped”} of the Maryland Vehicle Law; and

a motor scooter, as defined in §11-134.5 {“Motor scooter”} of the Maryland Vehicle Law.

“Motor vehicle dealership” means an establishment that sells or leases new or used motor vehicles.

“Motor vehicle dealership” includes:

“Motor vehicle operations facility” means a privately-owned facility for the dispatch, storage, fueling, and maintenance of emergency medical care vehicles, public utility vehicles, taxicabs, and other livery vehicles.

“Motor vehicle operations facility” does not include a facility in which vehicles for fire, police, or other municipal agencies are stored or maintained or from which these vehicles are dispatched.

“Motor vehicle rental establishment” means an establishment that rents motor vehicles.

“Motor vehicle rental establishment” includes facilities for servicing rental vehicles.

“Motor vehicle service and repair: Major” means an establishment that is engaged in major repairs to motor vehicles, such as:

“Motor vehicle service and repair: Major” includes an accessory car wash.

“Motor vehicle service and repair: Minor” means an establishment that is engaged in minor repairs to motor vehicles, such as:

“Motor vehicle service and repair: Minor” includes an accessory car wash.

“Motor vehicle service and repair: Minor” does not include the servicing or repair of commercial vehicles.

“Movie studio” means facilities for the production of motion pictures.

“Movie studio” includes stages, exterior sets, film laboratories, sound recording facilities, construction, repair, and storage facilities, caretaker’s and other temporary dwellings, related commercial vehicles, and accessory fabrication activities.

is non-residential in its construction and original use; or

has received prior zoning approval for a non-residential use, as evidenced by permits, construction, or historical evidence of lawful non-residential use.

“Nursery” means a business whose principal activity is the sale of plants grown on site.

“Nursery” includes:

“Office” means an establishment that engages in the processing, manipulation, or application of business information or professional expertise, whether or not it offers services to the public.

“Office” does not include:

“Outdoor storage” means any storage of goods, material, merchandise, or equipment other than within an enclosed building.

“Outdoor storage” includes incidental maintenance and repair of that which is being stored.

“Outdoor storage yard” means a lot the principal or accessory use of which is the storage, other than within an enclosed building, of any material for longer than 24 hours.

“Outdoor storage yard” includes all storage, whether for sale, lease, processing, or repair.

<strong>“</strong>Owner” means any person that:

“Owner” includes:

“Park” or “playground” means a non-commercial facility that serves the reflective and recreational needs of residents and visitors.

“Park” or “playground” includes:

extends from the foundation continuously through all stories to or above the roof;

separates 1 building from another; and

is in joint use by each building.

“Passenger terminal” means a facility or location the principal use of which is handling, receiving, and transferring passenger traffic.

“Passenger terminal” includes terminals for aircraft, train, bus, and watercraft passengers.

lends money on the deposit or pledge of personal property or other items of value, other than securities or printed evidences of indebtedness; or

purchases personal property or other items of value, subject to the seller’s option to buy them back at a stipulated price.

“Person” has the meaning stated in <cite data-doc="City of Balt., Md., Ord. 26-127" data-path="|general|1|1|1-107|(a)">§ 1-107(a) {“Person: In general”}</cite> of the City Code’s <cite data-doc="City of Balt., Md., Ord. 26-127" data-path="|general">General Provisions Article</cite>.

Notwithstanding <cite data-doc="City of Balt., Md., Ord. 26-127" data-path="|general|1|1|1-107|(b)">§ 1-107(b) {“Person: Exclusion”}</cite> of the <cite data-doc="City of Balt., Md., Ord. 26-127" data-path="|general">General Provisions Article</cite>, in this subtitle “person”also includes, except as used in Title 19, Subtitle 2 {“Enforcement”} of this Code for the imposition of civil or criminal penalties, a governmental entity or an instrumentality or unit of a governmental entity.

<strong>“</strong>Personal services establishment” means an establishment that provides recurrent needed services of a personal nature.

Typical examples of a “personal services establishment” include:

“Place of worship” means a building, together with its accessory buildings and uses, where individuals regularly assemble for religious purposes and related social events.

“Place of worship” includes:

“Printing establishment” means a facility for the reproduction of written or graphic materials on a custom-order basis for individuals or businesses.

Typical examples of a “printing establishment” include:

“Private detention center” means any building, facility, or structure that:

“Private detention center” does not include a residential-care facility.

“Public use area”, as it applies to the calculation of off-street parking requirements, means areas within a structure that are accessible to the public.

“Public use area” includes areas such as display areas, restrooms, dining rooms, and bar seating.

“Racetrack” means a measured course where animals or automobiles are entered in competition against one another or against time.

“Racetrack” includes:

“Recreation: Indoor” means predominantly participant recreational activities or games of skill that are conducted within a wholly enclosed building.

“Recreation: Indoor” includes:

“Recreation: Indoor” does not include indoor entertainment.

“Recreation: Outdoor” means predominantly participant recreational activities or games of skill that are not conducted within a wholly enclosed building.

“Recreation: Outdoor” includes:

“Recreation: Outdoor” does not include:

recreational watercraft may be launched; or

transient watercraft may tie up, be launched, or have repairs made for less than 1 week at a time.

“Recreational vehicle” means a vehicle that:

“Recreational vehicle” includes a travel trailer, camping trailer, truck camper, motor home, fifth-wheel trailer, boat, or van.

“Recreational vehicle dealership” means an establishment that sells or leases new or used recreational vehicles.

“Recreational vehicle dealership” includes:

“Recyclable materials” means materials that can be collected, separated, or processed and returned to the marketplace in the form of raw materials or products.

“Recyclable materials” includes paper, cans, aluminum, metal, glass, and plastics.

“Recyclable materials recovery facility” does not include:

“Recycling” mean any process by which materials that would otherwise become solid waste are collected, separated, or processed and returned to the marketplace in the form of raw materials or products.

“Recycling” includes composting.

“Recycling and refuse collection facility” means a facility the primary purpose of which is:

“Recycling and refuse collection facility” does not include any:

“Research and development facility” means an establishment where research and development activities are conducted in various disciplines, including biotechnology, pharmaceuticals, medical instrumentation or supplies, communication and information technology, electronics and instrumentation, and computer hardware and software.

“Research and development facility” includes, as an accessory use, the manufacture, fabrication, processing, or sale of products developed on the same lot as the establishment.

“Research and development facility” does not include:

“Resource recovery facility” means, except as provided in paragraph (2) of this subsection, a facility that:

“Resource recovery facility” does not include:

“Restaurant” means an establishment at which:

“Restaurant” does not include a carry-out food shop.

“Retail goods establishment” means an establishment that sells goods, wares, or other merchandise directly to consumers.

“Retail goods establishment”, as applied to a delicatessen, bakery, grocery, or similar establishment that sells ready-to-eat food products, includes incidental seating areas for consumption of food on the premises.

“Retail goods establishment” does not include any heavy sales, rental, or service establishment.

“Retail: Small Box Establisment” means a retail store that:

“Retail: Small Box Establisment” does not include:

“Right-of-way” means land dedicated for use as a public way.

“Right-of-way” includes the roadway and, generally, the curbs, parkways, sidewalks, lighting facilities, and drainage facilities.

In this section, “rooming unit” means any room or group of rooms that forms a single habitable unit occupied or designed or intended to be occupied for sleeping or living purposes, but not for cooking purposes.

“Rooming house” means a building that:

has a paved or hard surface;

is designed for individual travel or recreational use;

accommodates walking, running, biking, use of a mobility device, scooter, or other recreational vehicle; and

is not for vehicular traffic

“Sign” means any writing (including letter, word, or numeral), pictorial representation (including illustration or graphic), emblem (including logo, symbol, or trademark), device, or any other figure of similar character that:

Specific types of signs are as described in § 17-102 {“Signs: Definitions”} of this Code.

“Smoke shop” means a retail goods establishment that: