This section applies to applications for conditional uses that require approval by the Board of Municipal and Zoning Appeals. Once the Executive Director of the Board of Municipal and Zoning Appeals determines that an application for conditional-use approval by the Board of Municipal and Zoning Appeals is complete, the Executive Director of the Board of Municipal and Zoning Appeals must forward the application to the Board for its consideration and action on the application. The Executive Director of the Board of Municipal and Zoning Appeals must also refer the completed application to the following, for their submission within 15 days of the referral, of written reports and recommendations to the Board:the Department of Planning; and any other City agencies and officials that the Executive Director of the Board of Municipal and Zoning Appeals determines should be asked to review the application and submit written reports and recommendations on it. Ord. 16-581 Ord. 22-181

The Board of Municipal and Zoning Appeals or the City Council, as the case may be, must evaluate the request for a conditional use, based on the evidence presented at the public hearing, in accordance with the standards in <cite data-path="|32|§5-406">§ 5-406 {“Approval standards”} of this subtitle</cite>. The Board of Municipal and Zoning Appeals must consider a proposed conditional use and conditional sign in a public hearing. Notice of the public hearing must be given in accordance with Title 5, Subtitle 6 {“Notices”} of this Code. Except as provided in subsection (b) of this section, the hearing must be concluded no more than 90 days from the Board’s receipt of the completed application. If the Department of Planning or other City agency or official fails to timely submit its written report and recommendations, the Board of Municipal and Zoning Appeals may proceed without that report and recommendations. If, in the judgment of the Board of Municipal and Zoning Appeals, the application does not contain sufficient information to enable the Board to properly discharge its responsibilities, the Board may request additional information from the applicant or from City agencies or officials. In that event, the 90-day period will be suspended or the public hearing continued pending receipt of all requested information. The applicant may also waive this time limit by requesting a postponement from the Board of Municipal and Zoning Appeals. The Board of Municipal and Zoning Appeals must render its written decision, approving, approving with conditions, or denying the application within 30 days of the close of the public hearing. The Board may extend this period for up to an additional 60 days for good cause on a majority vote of the Board at a publicly scheduled meeting. Ord. 16-581 Ord. 22-181

Before approving any conditional use or sign, the Board of Municipal and Zoning Appeals or the City Council, as the case may be, may impose on the establishment, location, construction, maintenance, or operation of the conditional use or sign any condition, restriction, or limitation that it considers necessary for the protection of the public interest. Any condition imposed under this subsection must be reasonably related and roughly proportional to the expected impact of the conditional use. Failure to comply with any condition, restriction, or limitation imposed under this subtitle:constitutes a violation of this Code; and in addition to any other civil or criminal remedy or enforcement procedure, is grounds for modification, suspension, or revocation of the conditional use. Ord. 16-581 Ord. 22-181

As a guide to its decision on the facts of each case, the Board of Municipal and Zoning Appeals or the City Council must consider the following, where appropriate:the nature of the proposed site, including its size and shape and the proposed size, shape, and arrangement of structures; the resulting traffic patterns and adequacy of proposed off-street parking and loading; the nature of the surrounding area and the extent to which the proposed use might impair its present and future development; the proximity of dwellings, churches, schools, public structures, and other places of public gathering; accessibility of the premises for emergency vehicles; accessibility of light and air to the premises and to the property in the vicinity; the type and location of adequate utilities, access roads, drainage, and other necessary facilities that have been or will be provided; the preservation of cultural and historic landmarks and structures; the character of the neighborhood; the provisions of the City’s Comprehensive Master Plan; the provisions of any applicable Urban Renewal Plan; all applicable standards and requirements of this Code; the intent and purpose of this Code; and any other matters considered to be in the interest of the general welfare. The Board of Municipal and Zoning Appeals or the City Council, may not approve a conditional use or sign unless, after public notice and hearing and on consideration of the standards required by this subtitle, the Board or Council finds that:the establishment, location, construction, maintenance, or operation of the conditional use or sign would not be detrimental to or endanger the public health, safety, or welfare; the use or sign would not be precluded by any other law, including an applicable Urban Renewal Plan; the authorization would not be contrary to the public interest; and the authorization would be in harmony with the purpose and intent of this Code. Ord. 16-581 Ord. 17-015 Ord. 22-181

A conditional use and a conditional sign approval lapses and becomes void in 2 years from the date of its final order granting same unless, within that period:a use permit under this Code and an occupancy permit under the Baltimore City <cite data-doc="City of Balt., Md., Ord. 25-015" data-path="|building-codes|II">Building Code</cite> have been obtained for that use; the erection or alteration of a structure for that use has lawfully begun; the use has lawfully begun; or a building permit under this Code and any other applicable Codes has been obtained for the use or the sign, as the case may be. The Board of Municipal and Zoning Appeals may grant an extension of this period on written application and for good cause shown, without notice or hearing. Ord. 16-581 Ord. 18-171 Ord. 22-181

If any conditional use is discontinued for a continuous period of 2 years or more, the conditional use approval automatically lapses and is void. A new application and authorization is required before the conditional use may be re-established. If a conditional sign is removed in its entirety from the building or structure for which it was approved for a continuous period of 1 year or more, the conditional approval automatically lapses and is void. A new application is required before the conditional approval may be re-established. Ord. 16-581 Ord. 22-181

Whenever the Zoning Administrator learns of a violation of a condition, restriction, or limitation imposed under this subtitle, the Zoning Administrator must attempt to resolve the violation informally and promptly. If the Zoning Administrator is unable to resolve the violation, the Zoning Administrator must issue a notice of proposed revocation to:the owners of record of the property, as shown on the tax records of Baltimore City; the persons to whom the conditional use approval was granted or the current operator; the owners of record of the properties immediately adjacent to the property; and the community, neighborhood, or improvement association listed with the Department of Planning for the area in which the property lies. A copy of the notice must be provided to the Department of Planning. The notice must:specify the nature of the violation; and warn the recipient that, unless the violation is corrected within 30 days, or such other time as is specified in the notice, the matter will be referred to the Board of Municipal and Zoning Appeals for potential modification, suspension, or revocation of the conditional use or sign. All notices must be served by 1 of the methods specified in § 19-207 {“Violation notice: Service”} of this Code. If the violation is not corrected within the time specified, the Zoning Administrator must forward the record of this matter to the Board of Municipal and Zoning Appeals and request the Board to schedule a hearing. On receipt of the request, the Board of Municipal and Zoning Appeals must promptly schedule the matter for a hearing, to be held as soon as practicable. If, after notice to the parties and an opportunity to be heard, the Board of Municipal and Zoning Appeals finds that a condition, restriction, or limitation imposed under this subtitle has been violated, the Board may take any 1 or combination of the following actions:revoke the conditional use or sign; suspend the conditional use or sign approval subject to completion of corrective action or other condition set by the Board; or affirm the conditional use or sign, subject to a schedule for corrective action, with provision for automatic termination if the schedule is not met. The Board’s findings must be specifically documented in the record. Ord. 16-581 Ord. 17-015 Ord. 22-181

Neither the Zoning Administrator nor the Executive Director of the Board of Municipal and Zoning Appeals may process any application for a conditional use or sign if the subject property has any outstanding notices of violation, fines, or fees that are either unresolved or unpaid. The Zoning Administrator or the Executive Director of the Board of Municipal and Zoning Appeals may process the application for a conditional use or, sign if the conditional use or sign applied for is required to resolve an outstanding notice of violation, fine, or fee that is either unresolved or unpaid. Ord. 22-181

In this Code, “legislative authorization” means any ordinance that: amends the text of this Code, except as provided in <cite data-path="|32|§5-502">§ 5-502 {“Exception for corrective bills”} of this subtitle</cite>; or approves, authorizes, or amends a prior approval or authorization relating to 1 or more specific properties, including:a variance; a conditional use; a map amendment; an educational campus master plan; a hospital general development plan; an area of special sign control; and a planned unit development. Ord. 16-581

This subtitle applies to all legislative authorizations created under authority of this Code. This subtitle does not apply to any text amendment that:consists only of a change in punctuation, grammar, or spelling; and does not in any way alter the substance of this Code. Ord. 16-581

On introduction of a bill proposing a legislative authorization under <cite data-path="32|§5-501|(2)">§ 5-501(2)</cite> {“'Legislative authorization’ defined”} of this subtitle, the applicant shall submit a written statement in the form provided by the Department of Legislative Reference that informs the City Council, the agencies to which the proposed bill is referred, and the public of the changes sought and intended uses. The statement shall contain, at a minimum:a description of all proposed changes to the subject property; property information, including the name of the owner and deed reference as recorded among the Land Records of Baltimore City; a description of any contract that is contingent on the proposed legislative authorization, including the names and contact information of all parties; the names and contact information of all individuals for whom the application benefits, including the names and contact information of individuals holding a majority stake in a corporate entity; an affidavit executed by the applicant stating the following: “I, [applicant name], solemnly affirm under the penalties of perjury that the information given in this Statement of Intent is true and complete to the best of my knowledge, information, and belief.”; and any other information required to verify compliance with the standards for conditional uses, variances, and other provisions of this Code.

Once a bill proposing a legislative authorization has been introduced, the City Council must refer the bill to the following for their written reports and recommendations: the Board of Municipal and Zoning Appeals; the Planning Commission; the Department of Transportation; and any other agencies that the City Council President specifies. Ord. 16-581 Ord. 17-015

The Planning Commission must consider the referred bill in a public hearing. Notice of the public hearing must be given in accordance with Title 5, Subtitle 6 {“Notices”} of this Code. Except as provided in subsection (e)(2) of this section, the hearing must be concluded no more than 60 days from the Commission’s receipt of the referred bill. The Planning Commission must evaluate the bill in accordance with the standards in <cite data-path="|32|§5-508">§ 5-508 {“Approval standards”} of this subtitle</cite>. Within 15 days of the close of the public hearing, the Planning Commission must:issue its written report and recommendations; and forward its report and recommendations, together with all agency reports and recommendations received, to the applicant and to the City Council’s Executive Secretary. For a text amendment, the Planning Commission may recommend approval, amendment, or denial of the application. For a map amendment, the Planning Commission may recommend:approval or denial of the application; an alternative zoning designation than that applied for; or the removal or addition of properties from the application. Within 30 days of the bill’s introduction, the Board of Municipal and Zoning Appeals must submit its written report and recommendation to the City Council, with a copy to the Zoning Administrator. Within 15 business days of the bill’s introduction, City Council must refer the bill and all accompanying documents to the Director of Transportation for review and, if required, traffic mitigation, as provided in <cite data-path="|32|§5-201|(d)">§ 5-201(d) {“Introduction: Traffic mitigation”} of this title</cite>, if:traffic-mitigation requirements have not already been complied with in accordance with this Code or the <cite data-path="|building-codes">City Building, Fire, and Related Codes Article</cite>; and the proposed legislative authorization:is for property in a Traffic-Mitigation Zone designated in <cite data-path="|building-codes|II">Building Code</cite> <cite data-path="|building-codes|II|3805">§ 3805</cite> {“Traffic-Mitigation Zones”} and involves 10 or more dwelling units; involves 15,000 sq. ft. or more of gross floor area; or involves 50 or more dwelling units. Within 30 days of the bill’s introduction, any other agencies to which the bill might have been referred must submit their written reports and recommendations to the City Council, with a copy to the Zoning Administrator. If an agency fails to submit its written report and recommendations within the period specified by this section, the City Council may proceed without that report and recommendations. However, the applicant may waive this time limit and consent to an extension of the reporting period by giving written notice of the waiver and consent to the President of the City Council, with copies to the Board of Municipal and Zoning Appeals, the Planning Commission, and the Zoning Administrator. Ord. 16-581

The bill must be considered at a public hearing of a committee of the City Council. Notice of the public hearing must be given in accordance with Title 5, Subtitle 6 {“Notices”} of this Code. The committee must evaluate the bill in accordance with the standards in <cite data-path="|32|§5-508">§ 5-508 {“Approval standards”} of this subtitle</cite>. The City Council may approve, amend, or disapprove any legislative authorization. Except as otherwise specified in this subsection, whenever a legislative authorization is amended:another public hearing must be held on the bill as amended; and the requirements of this subtitle for notice and for agency reports apply to the additional hearing. An additional hearing is not required for:an amendment that consists only of a change in punctuation, grammar, or spelling and does not in any way alter the substance of the ordinance; any other amendment that does not in any way alter the substance of the ordinance; an amendment proposed in and approved by Committee; or an amendment to a comprehensive rezoning if, for at least 14 days before any vote is taken on the amendment, a description of the amendment:has been provided to the Department of Legislative Reference and to the Department of Planning and by them made available for inspection and copying by the public; and has been posted on the Department of Planning’s website. A bill proposing a legislative authorization is considered to have failed and the application denied if the City Council fails to act finally on the bill within 12 months from the earlier of:the date on which the last of the required agency reports and recommendations is received; and the last day of the agency reporting period, as set by this section. Ord. 16-581 17-049 Ord. 18-171

Legislative authorizations must be evaluated by the Planning Commission and the City Council in accordance with the standards set forth in this section. As required by the State Land Use Article, the City Council may approve the legislative authorization based on a finding that there was either:a substantial change in the character of the neighborhood where the property is located; or a mistake in the existing zoning classification. In making the determination required by subsection (b)(1) of this section, the City Council must also make findings of fact that address:population changes; the availability of public facilities; present and future transportation patterns; compatibility with existing and proposed development for the area; the recommendations of the City agencies and officials; and the proposed amendment’s consistency with the City’s Comprehensive Master Plan. Additional standards that must be considered for map amendments are:existing uses of property within the general area of the property in question; the zoning classification of other property within the general area of the property in question; the suitability of the property in question for the uses permitted under its existing zoning classification; and the trend of development, if any, in the general area of the property in question, including changes, if any, that have taken place since the property in question was placed in its present zoning classification. To rezone land from the Maritime Industrial (“MI”) District to any other zoning district, the Planning Commission must find that the proposed amendment:is consistent with the most current Baltimore City Comprehensive Master Plan; sustains or enhances transportation access into and out of the Port of Baltimore; ensures the long-term preservation of the deep water assets of the Port of Baltimore for maritime industrial use; protects maritime industrial land uses from the intrusion of non- industrial uses; sustains or enhances the current and future maritime industrial economic development growth in the District; establishes an adequate physical separation that will buffer non-industrial land uses from maritime industrial uses; and adheres with federal and state laws regarding homeland security, generally, and port safety, specifically. If an application is filed to rezone property from the Maritime Industrial District, the Director of Planning must notify the Maryland Port Administration and any adjacent property owners of the application. At least 30 days before the Planning Commission hearings on the application, the Director of Planning must seek an opinion from the Maryland Port Administration on the application of the criteria listed in subparagraph (i) of this paragraph. Standards that must be considered for text amendments are:the amendment’s consistency with the City’s Comprehensive Master Plan; whether the amendment would promote the public health, safety, and welfare; the amendment’s consistency with the intent and general regulations of this Code; whether the amendment would correct an error or omission, clarify existing requirements, or effect a change in policy; and the extent to which the amendment would create nonconformities. Ord. 16-581 Ord. 18-171

For a bill proposing a zoning map amendment, a zoning text amendment, or the creation, modification, or repeal of a planned unit development, the City Council committee to which the bill has been referred must conduct a hearing at which:the parties in interest and the general public will have an opportunity to be heard; and all agency reports will be reviewed. Notice of the hearing must be given by each of the following methods, as applicable:by publication in a newspaper of general circulation in the City; for the creation or modification of a planned unit development and for a zoning map amendment, other than a comprehensive rezoning:by posting in a conspicuous place on the subject property; and by first-class mailing of a written notice, on forms provided by the Zoning Administrator, to each person who appears on the tax records of the City as an owner of the property to be rezoned and each person that appears on the tax records of the City as an owner of property that is within the planned unit development to be amended; and for a comprehensive rezoning:by posting in conspicuous places within and around the perimeter of the subject area or district, as the Department of Planning designates; and by first-class mailing of a written notice, on forms provided by the Zoning Administrator, to each person who appears on the tax records of the City as an owner of property within the subject area or district. The notice must include:the date, time, place, and purpose of the public hearing; the address of the subject property or a drawing or description of the boundaries of the area affected by the proposed rezoning; and the name of the applicant. For a zoning map amendment or the creation or modification of a planned unit development, the number and manner of posting is as follows:for an individual property, at least 1 sign must be visible from each of the property’s street frontages; for a comprehensive rezoning, a change in the boundaries of a zoning district, or the creation or modification of a planned unit development, at least 2 or more signs are required, as the Department of Planning designates; each sign must be posted at a prominent location, near the sidewalk or public right-of-way, so that it is visible to passing pedestrians and motorists; a window-mounted sign must be mounted inside the window glass and placed so that it is clearly visible to passing pedestrians and motorists; and each sign must be at least 3 feet by 4 feet in size. Nothing in this subtitle prevents the voluntary posting of more notices than required by this subtitle. The notice must be published, mailed, and, except as provided in subsection (f) of this section, posted:at least 15 days before the public hearing; or for a comprehensive rezoning, at least 30 days before the public hearing. For a zoning map amendment or the creation or modification of a planned unit development, the posted notice must be:posted at least 30 days before the public hearing; and removed within 48 hours after conclusion of the public hearing. If an application is made to rezone any property in the MI District, the Director of Planning must notify the Maryland Port Administration and the owners of any adjacent property of the application. Ord. 16-581 Ord. 17-015 Ord. 19-252

For major variances and conditional uses, the Board of Municipal and Zoning Appeals or the City Council, as the case may be, must conduct a hearing at which:the parties in interest and the general public will have an opportunity to be heard; and all agency reports will be read. Notice of the hearing must be given by posting in a conspicuous place on the subject property. The notice must include:the date, time, place, and purpose of the public hearing; the address of the subject property or a drawing or description of the boundaries of the area affected by the proposed variance or conditional use; the name of the applicant; and how additional information on the matter can be obtained. The number and manner of posting is as follows:for an individual property, at least 1 sign must be visible from each of the property’s street frontages; each sign must be posted at a prominent location, near the sidewalk or public right-of-way, so that it is visible to passing pedestrians and motorists; a window-mounted sign must be mounted inside the window glass and placed so that it is clearly visible to passing pedestrians and motorists; and each sign must be at least 3 feet by 4 feet in size. Nothing in this subtitle prevents the voluntary posting of more notices than required by this subtitle. The posted notice must be:posted at least 21 days before the public hearing; and removed within 48 hours after conclusion of the public hearing. Ord. 16-581 Ord. 17-015

Notice of an application for a minor variance must be given by posting in a conspicuous place on the subject property. The notice must include:the purpose of the application; the address of the subject property or a drawing or description of the boundaries of the area affected by the proposed rezoning; the name of the applicant; and where, how, and by when any objections must be filed. The number and manner of posting is as follows:for a property with more than 1 street frontage, at least 1 sign must be visible from each street frontage; each sign must be posted at a prominent location, near the sidewalk or public right-of-way, so that it is visible to passing pedestrians and motorists; a window-mounted sign must be mounted inside the window glass and placed so that it is clearly visible to passing pedestrians and motorists; and each sign must be at least 3 feet by 4 feet in size. Nothing in this subtitle prevents the voluntary posting of more notices than required by this subtitle. The posted notice must be:posted at least 21 days before the Zoning Administrator makes a decision on the application; and removed within 48 hours after a written decision is issued. Ord. 16-581 Ord. 17-015

For any site-specific matter, the Planning Commission must conduct a public hearing at which:the parties in interest and general public will have an opportunity to be heard; and staff reports and recommendations will be read. In addition to any other form of notice required by law or regulation, notice of the hearing must be given by posting in conspicuous places within and around the perimeter of the subject property or area. Where a property is added to a proposal by amendment, the requirements of paragraph (1) of this subsection (b) do not apply if:a notice was previously mailed to the owner of record of the property about the proposed inclusion; or the property owner of record has agreed to the proposed inclusion by amendment either in person at a public meeting or in writing. The posted notice must include:the date, time, place, and purpose of the hearing; the address of the subject property or a drawing or description of the boundaries of the subject area; the name and address of the applicant; and how additional information on the matter can be obtained. The number of posted notices and the manner of their posting are as follows:For a notice applicable only to an individual property, at least one sign must be visible from each of the property’s street frontages. For a notice applicable to more than one property (e.g., a modification to a Planned Unit Development), at least 2 or more signs are required, as the Department of Planning designates. Each sign must be at least 3 feet by 4 feet in size. Each sign must be composed of waterproof materials sufficient to ensure the sign will last the required posting period (corrugated vinyl and polyurethane banner being acceptable). The posted notice must be:posted at least 10 days before the public hearing; and removed within 48 hours after conclusion of the hearing. At least 4 calendar days before any meeting of the Planning Commission, the Commission must deliver to each member of the City Council, by email or in person, an agenda of all matters that the Planning Commission proposes to consider at that meeting. When applying for the creation of a new planned unit development or for a major change or repeal of a planned unit development, the applicant must provide written notification to all other owners, or their authorized agents, of property within the proposed or existing planned unit development boundaries, as the Department of Planning requires. Ord. 16-581 Ord. 17-015 Ord. 19-252

The notices required by this subtitle must be given by and at the expense of the following: the applicant, for applications initiated by or on behalf of a property owner; and the Mayor and City Council, for applications initiated by the City. Ord. 16-581

Additional electronic notice by website or email for public hearings under this Code may be provided. This notice is discretionary, and any defect in or failure to strictly adhere to an electronic notice is not a basis for declaring any legislative authorization invalid or void. Ord. 16-581

The purpose of this subtitle is to set out the requirements for obtaining a use permit. Ord. 16-581

A use permit is a document issued for a structure or land that states that the use or occupancy of the structure or land: complies with the provisions of this Code; and is the authorized use for that structure or land. Ord. 16-581

A use permit for a structure or land is: authorized by the Zoning Administrator; and issued by the Housing Commissioner. Ord. 16-581 Ord. 17-015

A use permit is required before any person may: occupy any newly-constructed structure or any addition to a previously-constructed structure; use for any purpose any previously vacant land; make any change in the authorized use of any land or structure; or occupy any building that:has been unoccupied for more than 1 year; or is subject to an outstanding vacant building notice. Ord. 16-581

The procedure for authorizing and obtaining a use permit is as determined by the Housing Commissioner. Ord. 16-581 Ord. 17-015

The consultation process provided for by this subtitle recognizes that the provisions of this Code, though detailed and extensive, cannot as a practical matter address every specific zoning issue. This process is thus intended to assist in clarifying the purpose and intent of the provisions of this Code. It is not intended, however, to permit adding to or changing the essential content of this Code. Ord. 16-581

The following may request a consultation with the Zoning Administrator to assist in clarifying provisions of this Code: the owner of any property in the City; any person expressly authorized by a property owner in writing; or any Councilmember or other official of City government. Ord. 16-581

On request under <cite data-path="|32|§5-802">§ 5-802 {“Who may request”} of this subtitle</cite>, the Zoning Administrator: must review the request; and may:ask for additional information; provide the consultation requested; and provide a written summary of the consultation results. Ord. 16-581

Zoning consultations are meant to provide advisory information about the application of the Zoning Code. Results of a consultation are not binding on the Zoning Administrator, the Board of Municipal and Zoning Appeals, the Planning Commission, or the Mayor and City Council when addressing questions that arise under this Code. All written summaries of consultations must include the following statement: “The results of any Zoning Code consultation provided under this subtitle are advisory only and are not binding on the Zoning Administrator, the Board of Municipal and Zoning Appeals, the Planning Commission, or the Mayor and City Council when making decisions on matters within the scope of their authority under the Zoning Code or any provision of federal, state, or local law or regulation.” Ord. 16-581

A zoning verification is a document issued by the Zoning Administrator, at an applicant’s request and for the applicant’s own use, that:states whether a property complies with the use regulations of the district in which it is located; states whether a property complies with the bulk and yard regulations of the district in which it is located; or states whether a requested variance qualifies as a minor variance or as a major variance in the district in which the property is located. A zoning verification is not required by this Code. Ord. 16-581 Ord. 17-015

A zoning verification may be obtained from the Zoning Administrator, on application and payment of a fee for each request. Except as provided in paragraph (3) of this subsection, a separate application must be made for each individual lot of property. A community-managed open-space garden or farm need only pay the fee and submit an application for verification as a single lot, as long as the lots constituting that use are contiguous. Each application must contain the following information:The block and lot number of the property; a description or definite street location of the property; The name and address of the present owner of the property; and the existing and any proposed use of the property. In issuing a zoning verification, the Zoning Administrator must consider both the use specified in the application submitted for the verification and the information contained in the Zoning Administrator’s official records. A zoning verification that states a property is in compliance is limited by the accuracy of the information submitted by the applicant. Ord. 16-581

Neither the Mayor and City Council of Baltimore, the Zoning Administrator, nor any of their officers, agents, or employees may be held liable to any person, under any circumstances, in connection with or resulting from the issuance of any zoning verification or in connection with or resulting from any information or statement contained in any zoning verification. Ord. 16-581

The purpose of this title is to outline the different zoning districts and the zoning map, floodplain overlay maps, and flood profiles subject to this Code. Ord. 16-581

To carry out the purposes of this Code, the City is divided into zoning districts, as listed in this subtitle and located on the zoning map, floodplain overlay maps, and flood profiles adopted under this Code. Ord. 16-581

The Open-Space and Environmental Districts are: <table> <tbody> <tr> <td>OS</td> <td data-text-align="center">Open-Space Zoning District</td> </tr> <tr> <td>FP</td> <td data-text-align="center">Floodplain Overlay Zoning District</td> </tr> <tr> <td>CBCA</td> <td data-text-align="center">Chesapeake Bay Critical Area Overlay Zoning District</td> </tr> </tbody> </table> Ord. 16-581

The Detached and Semi-Detached Residential Districts are: <table> <tbody> <tr> <td>R-1A</td> <td data-text-align="center">Detached Residential Zoning District</td> </tr> <tr> <td>R-1B</td> <td data-text-align="center">Detached Residential Zoning District</td> </tr> <tr> <td>R-1C</td> <td data-text-align="center">Detached Residential Zoning District</td> </tr> <tr> <td>R-1D</td> <td data-text-align="center">Detached Residential Zoning District</td> </tr> <tr> <td>R-1E</td> <td data-text-align="center">Detached Residential Zoning District</td> </tr> <tr> <td>R-1</td> <td data-text-align="center">Detached Residential Zoning District</td> </tr> <tr> <td>R-2</td> <td data-text-align="center">Detached and Semi-Detached Residential Zoning District</td> </tr> <tr> <td>R-3</td> <td data-text-align="center">Detached Residential Zoning District</td> </tr> <tr> <td>R-4</td> <td data-text-align="center">Detached and Semi-Detached Residential Zoning District</td> </tr> </tbody> </table> Ord. 16-581

The Rowhouse and Multi-Family Residential Districts are: <table> <tbody> <tr> <td>R-5</td> <td data-text-align="center">Rowhouse and Multi-Family Residential Zoning District</td> </tr> <tr> <td>R-6</td> <td data-text-align="center">Rowhouse and Multi-Family Residential Zoning District</td> </tr> <tr> <td>R-7</td> <td data-text-align="center">Rowhouse and Multi-Family Residential Zoning District</td> </tr> <tr> <td>R-8</td> <td data-text-align="center">Rowhouse and Multi-Family Residential Zoning District</td> </tr> <tr> <td>R-9</td> <td data-text-align="center">Rowhouse and Multi-Family Residential Zoning District</td> </tr> <tr> <td>R-10</td> <td data-text-align="center">Rowhouse and Multi-Family Residential Zoning District</td> </tr> </tbody> </table> Ord. 16-581

The Commercial Districts are: <table> <tbody> <tr> <td>C-1</td> <td data-text-align="center">Neighborhood Business Zoning District</td> </tr> <tr> <td>C-1-E</td> <td data-text-align="center">Neighborhood Business and Entertainment Zoning District</td> </tr> <tr> <td>C-1-VC</td> <td data-text-align="center">Neighborhood Business Zoning District (Village Center)</td> </tr> <tr> <td>C-2</td> <td data-text-align="center">Community Commercial Zoning District</td> </tr> <tr> <td>C-3</td> <td data-text-align="center">General Commercial Zoning District</td> </tr> <tr> <td>C-4</td> <td data-text-align="center">Heavy Commercial Zoning District</td> </tr> <tr> <td>C-5</td> <td data-text-align="center">Downtown District</td> </tr> </tbody> </table> Ord. 16-581

The Industrial Districts are: <table> <tbody> <tr> <td>OIC</td> <td data-text-align="center">Office-Industrial Campus Zoning District</td> </tr> <tr> <td>BSC</td> <td data-text-align="center">Bio-Science Campus Zoning District</td> </tr> <tr> <td>IMU-1</td> <td data-text-align="center">Industrial Mixed-Use Zoning District</td> </tr> <tr> <td>IMU-2</td> <td data-text-align="center">Industrial Mixed-Use Zoning District</td> </tr> <tr> <td>I-1</td> <td data-text-align="center">Light Industrial Zoning District</td> </tr> <tr> <td>I-2</td> <td data-text-align="center">General Industrial Zoning District</td> </tr> <tr> <td>MI</td> <td data-text-align="center">Maritime Industrial Zoning District</td> </tr> </tbody> </table> Ord. 16-581 Ord. 19-244

The Special Purpose Districts are: <table> <tbody> <tr> <td>OR</td> <td data-text-align="center">Office-Residential Zoning District</td> </tr> <tr> <td>TOD-1</td> <td data-text-align="center">Transit-Oriented Development District</td> </tr> <tr> <td>TOD-2</td> <td data-text-align="center">Transit-Oriented Development District</td> </tr> <tr> <td>TOD-3</td> <td data-text-align="center">Transit-Oriented Development District</td> </tr> <tr> <td>TOD-4</td> <td data-text-align="center">Transit-Oriented Development District</td> </tr> <tr> <td>EC</td> <td data-text-align="center">Educational Campus Zoning District</td> </tr> <tr> <td>H</td> <td data-text-align="center">Hospital Campus Zoning District</td> </tr> <tr> <td>T</td> <td data-text-align="center">Transportation Zoning District</td> </tr> <tr> <td>W</td> <td data-text-align="center">Waterfront Overlay Zoning District</td> </tr> <tr> <td>R-MU</td> <td data-text-align="center">Rowhouse Mixed-Use Overlay District</td> </tr> <tr> <td>D-MU</td> <td data-text-align="center">Detached Dwelling Mixed-Use Overlay District</td> </tr> <tr> <td>AU</td> <td data-text-align="center">Adult Use Overlay Zoning District</td> </tr> <tr> <td>PC</td> <td data-text-align="center">Port Covington Zoning District</td> </tr> </tbody> </table> Ord. 16-581 Ord. 19-244

The zoning map, floodplain overlay maps, and flood profiles adopted under this Code are incorporated in and made a part of this Code as fully as if they were set forth and described in this Code. As evidence of the authenticity of these maps and profiles, each is to be signed by the Mayor and by the President of the City Council. The Zoning Administrator may convert these maps and profiles into, and maintain and periodically update them in, a geographic database or other digital format that is capable of depicting the zoning lines and designations in both electronic and printed forms. On certification by the Director of Transportation, the maps and profiles converted to a digital format under this subsection:are legalized for purposes of the Zoning Code of Baltimore City; and may be taken by all public officials and others as evidence of the original maps and profiles adopted under this Code. Ord. 16-581

The use on the zoning map of a letter or a letter-number combination to designate a district indicates that the regulations applying to that district extend throughout the whole area bounded by the district boundary lines, as determined by the provisions of <cite data-path="|32|§6-303">§ 6-303 {“Boundary line determination”} of this subtitle</cite>. Ord. 16-581

The precise location of a zoning district boundary line is determined as specified in this section. Where a district boundary line is shown as being within or along a street, alley, other public or private way, or an extension of any of them, or as being within or along a non-navigable stream, the boundary is the center line of that street, alley, other way, extension, or stream. Where a district boundary line is shown as along or superimposed on a lot line, the boundary is that lot line. Where the location of a district boundary line is indicated by a designated number of feet, that distance controls. Where a district boundary line is shown as being within or along a railroad right-of-way, the boundary line of that railroad right-of-way controls. Where a district boundary line is shown as along a navigable waterway and is not otherwise fixed, the boundary is:the line that coincides with the “pierhead line” (that is, the legal boundary beyond which artificial structures, such as piers, may not project); or where no pierhead line has been established, the line that coincides with the mean low tide line. Unless otherwise indicated on the zoning map, submerged land that is later reclaimed is in the same district as the non-submerged premises to which the reclaimed land is contiguous. Where a district boundary line is shown and its location is not fixed by any of the rules of this section, its precise location is determined by scaling from fixtures, objects, or other structures shown on the zoning map. Ord. 16-581

Where a lot is divided into 2 or more parts by a zoning district line: for all purposes except density, each part must comply with all of the regulations applicable to its zoning classification; and for density purposes, the lot area computation of each part may be totaled and then distributed throughout the lot, without regard to the zoning lines. Ord. 16-581

The purpose of this title is to set out the use regulations, bulk and yard regulations, and other standards for: Open-Space Zoning Districts; Floodplain Overlay Zoning Districts; and Chesapeake Bay Critical Area Overlay Zoning District. Ord. 16-581

The purpose of the Open-Space (“OS”) Zoning District is to enhance the quality of life for City residents by permanently preserving public open space as an important public asset and critical environmental infrastructure. The regulations for this district are intended to:protect and promote public and private open space; provide public reflective, cultural, educational, and recreational opportunities; enhance the urban environment; provide pedestrian and bicycle transportation connections; encourage neighborhood investment in and stewardship of natural green spaces and native flora and fauna; protect and enhance natural resources, including forests, habitat, and water quality; and ensure the environmental benefits of adequate light, air, and water in City neighborhoods. The Open-Space District applies to public and private open space properties and cemeteries. Ord. 16-581

Only those uses of land listed in Table 7-202: Open-Space Districts – Permitted and Conditional Uses are allowed within an Open-Space Zoning District. Ord. 16-581 Ord. 17-015

Table 7-203: Open-Space Districts – Bulk and Yard Regulations sets forth the applicable bulk and yard regulations for an Open-Space Zoning District. Measurement methodologies are as set forth in Title 15, Subtitle 3 {“Measurement Methodologies”} of this Code. Exceptions and requirements are as set forth in Title 15, Subtitle 4 {“Exceptions and Requirements”} of this Code. Ord. 16-581

The Open-Space Zoning District is also subject to the standards identified in this section. Standards governing accessory structures and uses are as set forth in Title 15, Subtitle 5 {“Accessory Structures and Uses”} of this Code. On-site development standards are set forth in Title 15 {“Site Development Standards”} of this Code. Standards governing off-street parking and loading are as set forth in Title 16 {“Off-Street Parking and Loading”} of this Code. All landscaping and screening must comply with the requirements of the Baltimore City Landscape Manual. Sign standards are as set forth in Title 17 {“Signs”} of this Code. Standards governing temporary uses are as set forth in Title 14, Subtitle 4 {“Temporary-Use Standards”} of this Code. Ord. 16-581 Ord. 17-015

In this subtitle, the following terms have the meanings indicated. “Floodplain” has the meaning stated in City Code <cite data-path="|7|§1-2|(v)">Article 7 {“Natural Resources”}, § 1-2(v) {“Definitions: Floodplain”}</cite>. “Floodplain maps” means the series of maps and profiles known as the Flood Insurance Rate Maps and Flood Insurance Study for the City of Baltimore, dated June 16, 2021, as prepared, revised, or amended from time to time for the Federal Emergency Management Agency, Flood Insurance Administrator in accordance with City Code <cite data-path="|7">Article 7</cite>, Division I {“Floodplain Management”}. “Floodplain Overlay Zoning District”, “Floodplain District”, or “Overlay District” means all areas shown as floodplains on the floodplain maps. Ord. 16-581 Ord. 21-020

The Floodplain (“FP”) Overlay Zoning District regulates the placement and use of structures and the use of land in the floodplain, with the design towards: protecting human life and health; minimizing damage to public and private property; preventing or minimizing future flood damage; protecting the public water supply and sanitary sewage disposal systems; preserving natural drainage systems; and reducing financial burdens imposed on the City and its citizens. Ord. 16-581

The Floodplain Overlay Zoning District is divided into the following 6 subdistricts, each designating a measurable degree of flood hazard, as delineated on the floodplain maps. The Floodway comprises that part of the Overlay District that is described in City Code <cite data-path="|7|§2-2|(b)">Article 7, § 2-2(b) {“Subdistricts: Floodway”}</cite>. The Floodway Fringe comprises those lands within the Overlay District that are described in City Code <cite data-path="|7|§2-2|(c)">Article 7, § 2-2(c) {“Subdistricts: Floodway Fringe”}</cite>. The Approximated Floodplain comprises those lands within the Overlay District that are described in City Code <cite data-path="|7|§2-2|(d)">Article 7, § 2-2(d) {“Subdistricts: Approximated Floodplain”}</cite>. The Coastal Floodplain comprises those lands within the Overlay District that are described in City Code <cite data-path="|7|§2-2|(e)">Article 7, § 2-2(e) {“Subdistricts: Coastal Floodplain”}</cite>. The Coastal High Hazard Area comprises those lands within the Overlay District that are described in City Code <cite data-path="|7|§2-2|(f)">Article 7, § 2-2(f) {“Subdistricts: Coastal High Hazard Area”}</cite>. The flood resilience area comprises those lands within the Overlay District that are described in City Code <cite data-path="|7|§2-2|(g)">Article 7, § 2-2(g) {“Subdistricts: Flood Resilience Area”}</cite>. Ord. 16-581

Except as otherwise specifically limited or prohibited by this section or by other applicable law (See <cite data-path="|32|§7-309">§ 7-309 of this subtitle</cite>), all uses allowed in a Floodplain Overlay Zoning District are as otherwise provided in this Code for the underlying zoning district. In addition to the general requirements of this Code governing conditional uses, a conditional use in a Floodplain Overlay District is subject to the standards and procedures contained in <cite data-path="|32|§7-306">§ 7-306 {“Variances and conditional uses”} of this subtitle</cite>. The only uses allowed in the Floodway are the following recreational facilities, but not including accessory buildings:athletic fields; golf courses; and parks. Notwithstanding any other provision to the contrary, no public utility or government service use may be located in any floodplain if it:might impede, retard, or change the direction of the flow of water; will catch or collect debris carried by the water; or is placed where the natural flow of the stream or floodwaters would carry it downstream to the damage or detriment of any public or private property in or adjacent to the floodplain. Ord. 16-581

The bulk and yard regulations applicable to properties in a Floodplain Overlay Zoning District are as otherwise provided in this Code for the underlying zoning district. In addition to the general requirements of this Code governing variances, a variance in a Floodplain Overlay Zoning District is subject to the standards and procedures contained in <cite data-path="|32|§7-306">§ 7-306 {“Variances and conditional uses”} of this subtitle</cite>. Ord. 16-581

In addition to the other requirements of this Code governing variances and conditional uses, the additional standards specified in paragraph (2) of this subsection apply to any variance or conditional use that involves any substantial improvement or new construction in a Floodplain Overlay Zoning District. All variances and conditional uses described in paragraph (1) of this subsection are subject to the following additional standards:the variance or conditional use will not result in increased flood heights or additional danger to the public health, safety, or welfare; the proposal is consistent with the need to minimize flood damage; all necessary permits have been received from the appropriate state and federal agencies; all public and private utilities and facilities (including sewer, water, telephone, electric, gas, etc.) are located and constructed to minimize or eliminate flood damage; adequate drainage is provided to reduce exposure to flood hazard; and the variance or conditional use is necessary because of extraordinary circumstances in local conditions that render the application of certain standards a severe hardship. If the Board of Municipal and Zoning Appeals grants a variance or conditional use under this section, the Board must attach to its decision a warning that:construction below the base flood level may result in increased premium rates for flood insurance; and construction below the base flood level increases risks to life and property. Ord. 16-581 Ord. 17-015

A zoning authorization for property that is near a delineated floodplain or near any other land later discovered to be a floodplain: is not a representation, guarantee, or warranty of any kind that the property is not in a floodplain; and may not be used to impose any liability on the City, its elected or appointed officials, or its employees. Ord. 16-581

The Floodplain Overlay Zoning District is also subject to the standards, limitations, and prohibitions set forth in other applicable laws governing floodplains and flood hazard areas, including: City Code <cite data-path="|7">Article 7</cite>, Division I {“Floodplain Management”}; and the <cite data-path="|building-codes">City Building, Fire, and Related Codes Article</cite>. Ord. 16-581

The Chesapeake Bay Critical Area (“CBCA”) Overlay District is designed to foster more sensitive, consistent, and uniform development and redevelopment activity along the City’s shoreline areas of the Chesapeake Bay and its tributaries, so as to minimize damage to water quality and natural or established habitats for the benefit of current and future generations. Ord. 16-581

In this subtitle, the following terms have the meanings indicated. “Buffer” means area that:based on conditions at the time of development, is immediately landward from mean high water of tidal waterways, the edge of a bank of a tributary stream, or the edge of a tidal wetland; and exists, or may be established in, natural vegetation to protect a stream, tidal wetland, tidal waters or terrestrial environments from human disturbance. “Buffer” includes:an area of at least 100-feet, even if that area was previously disturbed by human activity; and any expansion for contiguous areas, including a steep slope, hydric soil, highly erodible soil, nontidal wetland, or a Nontidal Wetland of Special State Concern as defined in <cite data-doc="Code of Maryland Regulations" data-path="26.23.01.01">COMAR 26.23.01.01</cite>. “Critical Area” means all lands and waters defined in §8-1807 of the State Natural Resources Article. “Critical Area” includes:all waters of and lands under the Chesapeake Bay and Atlantic Coastal Bays and their tributaries to the head of tide; all State and private wetlands designated under Title 16 of the State Environment Article; all land and water areas within 1,000 feet beyond the landward boundaries of State or private wetlands and the heads of tides designated under Title 16 of the State Environment Article; and modification to these areas through inclusions or exclusions proposed by local jurisdictions and approved by the Critical Area Commission, as specified in § 8-1807 of the State Natural Resources Article. “Critical Area Management Program” or “CAMP” means the Baltimore City Critical Area Management Program, as adopted by Resolution or Ordinance of the Mayor and City Council of Baltimore and approved by the Chesapeake Bay Critical Area Commission. “Development” has the meaning stated in <cite data-doc="Code of Maryland Regulations" data-path="27.01.01.01|B.|(21)">COMAR 27.01.01.01B(21)</cite>. “Development” includes any one or a combination of the following:construction, reconstruction, modification, expansion, or demolition of structures; placement of fill; dredging; drilling; mining; grading; paving; land excavation; land clearing; land improvement; or storage of materials. “Disturb” means to alter or change land in any way. “Disturb” includes any amount of clearing, grading, or construction activity. “Disturb” does not include gardening or maintenance of an existing grass lawn. “Non-water dependent project” has the meaning stated in <cite data-doc="Code of Maryland Regulations" data-path="27.01.13.01">COMAR 27.01.13.01</cite>. “Non-water dependent structure” means a temporary or permanent structure or activity which, by reason of its intrinsic nature or operation, is not required to be located in or over State or private tidal wetlands. “Significant development” means any development that would:disturb any land in the Buffer; disturb 10,000 or more square feet of land in the Critical Area; result in any disturbance, caused by use, development, or destruction of vegetation, to land in an area designated under the Critical Area Management Program as a “Designated Habitat Protection Area”; or involve an expenditure for improvements to the property equal to or greater than 50% of the assessed value of the property, as recorded in the State Department of Assessment and Taxation’s database. “Water-dependent facilities” means land uses or structures that:are associated with industrial, maritime, recreational, educational, or fisheries activities; require a location within the Buffer near the shoreline; and are dependent on the water by reason of the intrinsic nature of their operation. “Water-dependent facilities” include:ports; intake and outfall structures of power plants; industries that withdraw water from surface waters regulated by this State, requiring a Water Appropriation and Use Permit from the Maryland Department of the Environment; marinas and other boat-docking structures; public beaches and water-oriented recreation areas; and fisheries. “Water-dependent facilities” does not include private piers that are installed and maintained by riparian landowners and are not part of a subdivision that provides community piers. Ord. 16-581 Ord. 20-374 Ord. 20-464

The Chesapeake Bay Critical Area Act (State Natural Resources Article Title 8, Subtitle 18) requires the City to designate as its Critical Area an area that consists of, at a minimum: all waters of and lands under the Chesapeake Bay and its tributaries to the head of tide, and all State and private wetlands designated under Title 16 of the State Environment Article; and all land and water areas within 1,000 feet beyond the landward boundaries of State or private wetlands and the heads of tides designated under Title 16 of the State Environment Article. Ord. 16-581 Ord. 20-374 Ord. 20-464

State law requires the City to designate “Development Areas” within the Chesapeake Bay Critical Area, based generally on existing development patterns and densities. The 2 types of Development Areas specified in the Critical Area Management Program are:“Resource Conservation Areas, which include the subarea designated as “Shoreline Conservation Area”; and “Intensely Developed Areas”, which comprise 2 subareas designated as:“Waterfront Industrial Areas”; and “Waterfront Revitalization Areas.” Development area boundaries exist as established on the Baltimore City CAMP Map as provided for under § 7-405(a) of this subtitle {“Boundaries delineated on Map”}. Ord. 16-581 Ord. 20-374

The boundaries of the Critical Area, the Buffer, and the Development Areas are delineated on the Baltimore City CAMP Map (2020 Edition), as published and maintained by the Baltimore City Department of Planning. In addition to the requirements of Title 5, Subtitle 5 {“Legislative Authorizations”} of this Code, any amendment to the CAMP Map must be reviewed and approved by:the Planning Commission; and the Chesapeake Bay Critical Area Commission. With the approval of the Planning Commission and the Chesapeake Bay Critical Area Commission, the Department pf Planning may create, convert, or update the CAMP Map in a geographic database or other digital format that is capable of depicting the boundaries and designations in both electronic and printed forms. The CAMP Map approved under this section:is legalized for purposes of the Zoning Code of Baltimore City; and may be taken by all public officials and others as evidence of the boundaries and designations adopted under this subtitle and the Baltimore City Critical Area Management Program. Any other representation of the Critical Area, Buffer, or Development Areas, regardless of the source of publication, are illustrative only and may not be used for determining any of the development requirements or restrictions required in this subtitle or by the Critical Area Management Program. Ord. 16-581 Ord. 20-374

The uses prohibited by this section are in addition to those prohibited by§ 1-218 {“Uses prohibited citywide”} of this Code. Except as specified in subsection (d) of this section, the following uses are prohibited within the Critical Area:a non-water dependent structure, except as authorized under <cite data-doc="Md. Code" data-path="gnr|8-1808">State Natural Resources Article § 8-1808</cite>.4 {“Critical Area Protection Program: Nonwater-dependent projects”}; collection, storage, handling, or disposal of hazardous or toxic materials, as defined in <cite data-doc="Code of Maryland Regulations" data-path="11.07.01.01">COMAR 11.07.01.01</cite>; industrial landfills; liquefied natural gas and petroleum gas terminals; maintenance, dismantling, or storage of abandoned, unlicensed, junked, or derelict vehicles or vehicle parts; non-water dependent uses on barges in tidal waters, except maritime museums; non-water dependent uses on permanently moored vessels in the Inner Harbor Basin, except maritime museums; recycling collection stations; solid waste acceptance facilities, as defined in City Code <cite data-doc="City of Balt., Md., Ord. 24-322" data-path="|23">Article 23</cite>, except for facilities approved as a conditional use under this subtitle; and storage and handling of radioactive waste. Except as specified in subsection (d) of this section, the following additional uses are prohibited within the Buffer:cement plants; chemical plants; sand or gravel extraction operations; and storage facilities for nutrients – that is, elements or compounds essential as raw material for organic growth and development (for example, carbon, nitrogen, and phosphorus). The prohibitions in subsections (b) and (c) of this section do not apply if the following standards are met:on recommendation of the Department of Planning, the Board of Municipal and Zoning Appeals finds both that:there is no environmentally acceptable alternative outside the Critical Area; and the use is needed to correct an existing water quality or wastewater management problem; and for any new use that constitutes a significant development or for any expansion of a nonconforming use, a best management practices plan that will achieve a net improvement in water quality and habitat is submitted and implemented as a requirement of the Critical Area review process. Ord. 16-581 Ord. 20-374

Non-public water-dependent facilities are prohibited in Resource Conservation Areas. In a Resource Conservation Area outside the Buffer, permitted and accessory uses are:open space; public recreation; natural parks; pedestrian easements; bike paths; and cultural and historical sites. In a Resource Conservation Area within the Buffer, permitted and accessory uses are areas for passive recreation, such as nature study and education, but service facilities for these areas must be located outside of the Buffer. In a Resource Conservation Area outside the Buffer, conditional uses are public facilities. In a Resource Conservation Area within the Buffer, conditional uses are public water-dependent facilities. Ord. 16-581 Ord. 20-374

In a Waterfront Revitalization Area outside the Buffer, permitted and accessory uses are as otherwise provided in this Code for the underlying zoning district, subject to the provisions of <cite data-path="|32|§7-406">§ 7-406 {“Prohibited uses”} of this subtitle</cite>. In a Waterfront Revitalization subarea designated a Shoreline Conservation Area, no new bulkheads are allowed within 30 feet from the mean high water line. In a Waterfront Revitalization Area within the Buffer, permitted and accessory uses are as otherwise provided in this Code for the underlying zoning district, subject to the provisions of § 7-406 {“Prohibited Uses”} and <cite data-path="|32|§7-410">§ 7-410 {“Intensely Developed Areas – Water-dependent facilities within Buffer”} of this subtitle</cite>. In a Waterfront Revitalization Area outside the Buffer, conditional uses are as otherwise provided in this Code for the underlying zoning district, subject to the provisions of <cite data-path="|32|§7-406">§ 7-406 {“Prohibited uses”} of this subtitle</cite>. In a Waterfront Revitalization Area within the Buffer, conditional uses are as otherwise provided in this Code for the underlying zoning district, subject to the provisions of § 7-406 {“Prohibited uses”} and <cite data-path="|32|§7-410">§ 7-410 {“Intensely Developed Areas – Water-dependent facilities within Buffer”} of this subtitle</cite>. Ord. 16-581 Ord. 20-374

In a Waterfront Industrial Area outside the Buffer, permitted and accessory uses are as otherwise provided in this Code for the underlying zoning district, subject to the provisions of <cite data-path="|32|§7-406">§ 7-406 {“Prohibited uses”} of this subtitle</cite>. In a Waterfront Industrial Area within the Buffer, permitted and accessory uses are as otherwise provided in this Code for the underlying zoning district, subject to the provisions of § 7-406 {“Prohibited Uses”} and <cite data-path="|32|§7-410">§ 7-410 {“Intensely Developed Areas – Water-dependent facilities within Buffer”} of this subtitle</cite>. In a Waterfront Industrial Area outside the Buffer, conditional uses are as otherwise provided in this Code for the underlying zoning district, subject to the provisions of <cite data-path="|32|§7-406">§ 7-406 {“Prohibited uses”} of this subtitle</cite>. Solid-waste acceptance facilities of the following types require conditional-use approval: waste-to-energy facilities, indoor-operated transfer facilities, and indoor-operated composting facilities, such as “in-vessel” composting facilities. If the use entails any significant development, the Board of Municipal and Zoning Appeals must find, as a condition of its approval, that a best management practices plan that will achieve a net improvement in water quality and habitat is submitted and implemented as a requirement of the Critical Area review process. In a Waterfront Industrial Area within the Buffer, conditional uses are as otherwise provided in this Code for the underlying zoning district, subject to the provisions of § 7-406 {“Prohibited Uses”} and <cite data-path="|32|§7-410">§ 7-410 {“Intensely Developed Areas – Water-dependent facilities within Buffer”} of this subtitle</cite>. Ord. 16-581

In Intensely Developed Areas, water-dependent facilities are allowed in the Buffer only if all of the following standards are met: the use and project meet a recognized private right or public need; adverse effects on water quality and on fish, plant, and wildlife habitats are minimized and equivalent offsets have been made; to the extent possible, all associated non-water-dependent uses and structures are located outside the Buffer; and the facilities meet the requirements of the Critical Area Management Program, the Critical Area Development Manual, and the State law and regulations governing the Critical Area. Ord. 16-581

Notwithstanding any other provision to the contrary, every significant development of public utilities or governmental services within the Critical Area is subject to the special requirements and restrictions of the Critical Area Management Program. Ord. 16-581

Any use in the Critical Area Overlay District that is discontinued for 12 consecutive months: is considered abandoned; and may not be reestablished in the Critical Area unless, on recommendation of the Department of Planning, the Board of Municipal and Zoning Appeals finds that the use complies with the Critical Area Management Program. Ord. 16-581

Properties in the Critical Area Overlay District are subject to: the bulk and yard regulations in the underlying zoning district; and to the extent that they are more restrictive, the lot coverage limitations imposed by the Critical Area Management Program. Ord. 16-581

In addition to the general requirements of this Code governing variances and conditional uses, a variance or conditional use in the Critical Area is subject to the standards and procedures of:State Natural Resources Article Title 8, Subtitle 18; COMAR Title 27; the Critical Area Management Program; and this section. No conditional use or variance may be granted to authorize a then-existing violation except as authorized in <cite data-doc="Md. Code" data-path="gnr|8-1808">State Natural Resources Article § 8-1808 </cite>{“Critical Area Protection Program: Program development...”}. In considering an application for a conditional use or variance, the Planning Department and the Board of Municipal and Zoning Appeals must presume that the specific development activity for which a conditional use or variance is required does not conform with the general purpose and intent of State Natural Resources Article, Title 8, Subtitle 18, the general purpose and intent of COMAR Title 27, or the requirements of the Critical Area Management Program. If the request for a conditional use or variance is based on conditions or circumstances that are the result of actions by the applicant, including the commencement of development activity before an application is filed, the Board of Municipal and Zoning Appeals may consider that fact. An applicant has the burden of proof and the burden of persuasion to overcome the presumption of nonconformance established by paragraph (1) of this subsection. The Board of Municipal and Zoning Appeals must make written findings as to whether, based on competent and substantial evidence, the applicant has overcome this presumption. With due regard for the person’s experience, technical competence, and specialized knowledge, the findings may be based on evidence introduced and testimony presented by either:the applicant. the City or any other government agency; and any other person considered appropriate by the Board of Municipal and Zoning Appeals. The Board of Municipal and Zoning Appeals must furnish copies of all applications for a conditional use or variance to the Planning Department and the Chesapeake Bay Critical Area Commission. The Planning Department must find both that:special conditions or circumstances exist that are peculiar to the land or structure for which the application is made; and a literal enforcement of the requirements of the Critical Area Management Program would result in the applicant’s being denied reasonable and significant use of the entire parcel or lot for which the conditional use or variance is requested. In addition, the Board of Municipal and Zoning Appeals must find that all of the following standards are met:a literal interpretation of the Critical Area Management Program, the State Chesapeake Bay Critical Area law, or related regulations will deprive the applicant of rights commonly enjoyed by other properties in similar areas within the Critical Area; the granting of a conditional use or variance will not confer on the applicant any special privilege that would be denied under the Critical Area Management Program, the Chesapeake Bay Critical Area law, or related regulations to other lands or structures within the Critical Area; the granting of a conditional use or variance will not adversely affect water quality or adversely impact fish, wildlife, or plant habitats within either the Critical Area or any other protected part of the State Chesapeake Bay Critical Area within a neighboring jurisdiction; the granting of a conditional use or variance will be in harmony with the general spirit and intent of the Critical Area Management Program, the State Chesapeake Bay Critical Area law, and related regulations; and the application for the conditional use or variance either:is not based on conditions or circumstances that are the result of the applicant’s own actions; or does not arise from any condition that relates to a land or building use, whether nonconforming or otherwise allowed, on any neighboring property. Ord. 16-581

This section is enacted by authority of <cite data-doc="Md. Code" data-path="gnr|8-1808">State Natural Resources Article § 8-1808(c)(1)(iii)</cite>14. This section applies in addition to any other civil or criminal penalty authorized by State or City law. Any person who violates a provision of this subtitle, of the Critical Area Management Program, or of any rule or regulation adopted under them, including any contractor, property owner, or other person who authorizes or who assists or participates in the violation, is subject to the imposition by the Zoning Administrator of a civil fine of up to $1,000 for each offense. Each day that a violation continues is a separate offense. In determining the amount of the penalty to be imposed under this section, the Zoning Administrator must consider the following:the gravity of the violation; any willfulness or negligence involved in the violation; the environmental impact of the violation; and the cost of restoring and mitigating the damage to the resource affected by the violation, including the cost to the State or the City for performing, supervising, or rendering assistance to the restoration and mitigation. The procedures for imposing the fine and for providing notice and an opportunity to be heard are as set forth in the Administrative Enforcement Procedures of the Critical Area Management Program. Ord. 16-581

The purpose of this title is to set out the use regulations and the bulk and yard regulations for Detached and Semi-Detached Residential Districts. Ord. 16-581

In the districts described in this subtitle, residential development is limited to 1 single-family dwelling unit per lot. In any of the districts subject to this title, the conversion of a single-family dwelling to a multi-family dwelling is prohibited. Ord. 16-581

The R-1A Detached Residential Zoning District is intended for neighborhoods of detached dwellings located on large lots of at least 2 acres in areas of countryside character, where environmental sensitivity is required during development to preserve natural features and where transportation access is more limited. Ord. 16-581

The R-1B Detached Residential Zoning District is intended for neighborhoods of detached dwellings located on large lots of at least 1 acre in areas of countryside character, where environmental sensitivity is required during development to preserve natural features and where transportation access is more limited. Ord. 16-581

The R-1C Detached Residential Zoning District is intended for neighborhoods of detached dwellings located on large lots of at least 21,780 square feet in areas of established low density development. Ord. 16-581

The R-1D Detached Residential Zoning District is intended for low density neighborhoods of detached dwellings located on lots of at least 14,520 square feet. Ord. 16-581

The R-1E Detached Residential Zoning District is intended for neighborhoods of detached dwellings located on lots of at least 9,000 square feet. Ord. 16-581

The R-1 Detached Residential Zoning District is intended for neighborhoods of detached dwellings located on lots of at least 7,300 square feet. Ord. 16-581

The R-2 Detached and Semi-Detached Residential Zoning District is intended for residential neighborhoods that accommodate both detached and semi-detached dwellings located on lots of at least 5,000 square feet. Ord. 16-581

The R-3 Detached Residential Zoning District is intended for neighborhoods of detached dwellings located on lots of at least 5,000 square feet. Ord. 16-581

The R-4 Detached and Semi-Detached Residential Zoning District is intended for neighborhoods that accommodate detached and semi-detached dwellings located on lots of at least 3,000 square feet. Ord. 16-581

Only those uses of land listed in Table 8-301: Detached and Semi-Detached Residential Districts – Permitted and Conditional Uses are allowed within these zoning districts. Ord. 16-581

Table 8-401: Detached and Semi-Detached Residential Districts – Bulk and Yard Regulations sets forth the applicable bulk and yard regulations for these zoning districts. Ord. 16-581

Measurement methodologies are as set forth in Title 15, Subtitle 3 {“Measurement Methodologies”} of this Code. Exceptions and requirements are as set forth in Title 15, Subtitle 4 {“Exceptions and Requirements”} of this Code. Ord. 16-581

The Detached and Semi-Detached Residential Zoning Districts are also subject to the standards listed in this subtitle. Ord. 16-581

Standards governing accessory structures and uses are set forth in Title 15, Subtitle 5 {“Accessory Structures and Uses”} of this Code. Ord. 16-581

On-site development standards are set forth in Title 15 {“Site Development Standards”} of this Code. Ord. 16-581 Ord. 17-015

Standards governing off-street parking and loading are set forth in Title 16 {“Off-Street Parking and Loading”} of this Code. Ord. 16-581

All developments of the type described in § 4-405 {“Design Review: Applicability”} of this Code must comply with the applicable design standards required by the Baltimore City Design Manual. Ord. 16-581

All landscaping and screening must comply with the requirements of the Baltimore City Landscape Manual. Ord. 16-581 Ord. 17-015

Standards governing signs are set forth in Title 17 {“Signs”} of this Code. Ord. 16-581

Standards governing temporary uses are set forth in Title 14, Subtitle 4 {“Temporary-Use Standards”} of this Code. Ord. 16-581

The purpose of this title is to set out the use regulations and the bulk and yard regulations for Rowhouse and Multi-Family Residential Districts. Ord. 16-581

The R-5 Transitional Residential Zoning District is intended for those areas that facilitate a transition from primarily single-family neighborhoods to neighborhoods that contain a wider mix of housing types. The R-5 District is meant to accommodate single-family units in both detached and semi-detached dwellings, rowhouse developments, and limited low-rise multi-family garden apartment developments of a moderate density. Ord. 16-581

The R-6 Garden Rowhouse Residential Zoning District is intended for primarily low density rowhouse neighborhoods that reflect a naturalistic environment typified by open and landscaped front yards of buildings that are set back and that contain stoops and porches oriented to those yards. The R-6 District is meant to accommodate single-family units in both detached and semi-detached dwellings, rowhouse developments, and multi-family developments of a moderate density. Ord. 16-581

The R-7 Mixed Residential Zoning District is intended for those areas that offer a diverse range of housing types. Development in this district accommodates a transition between naturalistic and urban residential settings. The R-7 District is meant to accommodate a diverse range of housing types, including detached and semi-detached dwellings, rowhouse developments, and multi-family developments of a larger scale than found in the more restrictive residential districts. Ord. 16-581

The R-8 Rowhouse Residential Zoning District is intended to accommodate and maintain the traditional form of urban rowhouse development typical of many of the City’s inner neighborhoods, which contain continuous, block-long rowhouse development built to or only modestly set back from the street. Although rowhouse is the predominant housing type, this district also accommodates other residential types, of a similar density, including detached and semi-detached dwellings, and multi-family developments of a larger scale than found in more restrictive zoning districts. Ord. 16-581

The R-9 Multi-Family Residential Zoning District is intended for those areas with significant green space surrounding development, particularly higher density housing and non-residential uses. The R-9 District contains a mix of higher density, but predominantly mid-rise, housing types. Permitted housing types include single-family homes, both detached and semi-detached, rowhouse developments, and multi-family developments, all with significant front yard open space. Characteristic of this district are multi-family developments sited with significant front yard open space and rowhouse developments with open space both along the perimeter of the site and within the development. Ord. 16-581

The R-10 High-Density Residential Zoning District is intended for areas of significant density accommodated in concentrated high rise and rowhouse development environments. Ord. 16-581

Only those uses of land listed in Table 9-301: Rowhouse and Multi-Family Residential Districts – Permitted and Conditional Uses are allowed within these zoning districts. Ord. 16-581

Table 9-401: Rowhouse and Multi-Family Residential Districts – Bulk and Yard Regulations sets forth the applicable bulk and yard regulations for these zoning districts. Ord. 16-581

Multi-family dwellings designed with a courtyard are permitted a reduction of the front yard requirement. Front yards may be reduced for courtyard building design as long as:no more than 75% of the building’s frontage maintains a minimum front yard of 15 feet; the remaining frontage meets the minimum required front yard or 30 feet, whichever is greater; and those portions of the courtyard building located at a reduced front yard are evenly spaced or within 10% of even spacing. Ord. 16-581

In the Residence Districts, the conversion of a single-family dwelling to a multi-family dwelling is allowed only in the R-7, R-8, R-9, and R-10 Districts, subject to: the requirements of this subtitle; and in the R-7 and R-8 Districts, conditional-use approval by Ordinance of the Mayor and City Council. Ord. 16-581

Design review approval is required if exterior modifications are proposed. As part of the submittal for design review, construction drawings and plans that describe the proposed conversion in detail are required. Ord. 16-581

All conversions must meet the standards set forth in this section. The dwelling must continue to conform to the applicable bulk and yard regulations, including lot area per dwelling unit, for the district in which the building is located. No residential conversion may violate any dwelling unit occupancy regulations or restrictions of the City Code. Following the conversion, the exterior of the dwelling must retain its existing residential character. Ord. 16-581 Ord. 17-015

The Rowhouse and Multi-Family Residential Zoning Districts are also subject to the standards listed in this subtitle. Ord. 16-581

Standards governing accessory structures and uses are set forth in Title 15, Subtitle 5 {“Accessory Structures and Uses”} of this Code. Ord. 16-581

On-site development standards are set forth in Title 15 {“Site Development Standards”} of this Code. Ord. 16-581 Ord. 17-015

Standards governing off-street parking and loading are set forth in Title 16 {“Off-Street Parking and Loading”} of this Code. Ord. 16-581

All landscaping and screening must comply with the requirements of the Baltimore City Landscape Manual. Ord. 16-581 Ord. 17-015

Standards governing signs are set forth in Title 17 {“Signs”} of this Code. Ord. 16-581

Standards governing temporary uses are set forth in Title 14, Subtitle 4 {“Temporary-Use Standards”} of this Code. Ord. 16-581

The purpose of this title is to set out the use regulations and the bulk and yard regulations for Commercial Zoning Districts. Ord. 16-581

The C-1 Neighborhood Business Zoning District is intended for areas of commercial clusters or pedestrian-oriented corridors of commercial uses that serve the immediate neighborhood. The C-1 District standards are crafted to:ensure compatibility between neighboring residential and commercial uses; maintain the proper scale of commercial use; and address the unique issues related to smaller commercial sites. Ord. 16-581

The C-1-E Neighborhood Business and Entertainment Zoning District is intended for areas of commercial clusters or pedestrian-oriented corridors of commercial uses that serve the immediate neighborhood and allow for clustering of entertainment uses. The C-1-E District standards are crafted to:ensure compatibility among neighboring residential, commercial, and entertainment uses; maintain the proper scale of commercial use; and address the unique issues related to smaller commercial sites. Ord. 16-581

The C-1-VC Neighborhood Business Zoning District (Village Center) is intended for areas of commercial clusters or pedestrian-oriented corridors of commercial uses that serve the immediate neighborhood in a low scale and with a mix of attached and detached structures. The C-1-VC District standards are crafted to:ensure compatibility between neighboring residential and commercial uses; maintain the proper scale of commercial use; and address the unique issues related to small commercial sites. Ord. 16-581

The C-2 Community Commercial Zoning District is intended for areas of small to medium-scale commercial use, typically located along urban corridors, that are designed to accommodate pedestrians and, in some instances, automobiles. The C-2 District standards are crafted to:ensure compatibility among neighboring residential, commercial, and entertainment uses; maintain the proper scale of commercial use; and maintain a balance between high traffic volume and pedestrian circulation. Ord. 16-581 Ord. 17-015

The C-3 General Commercial Zoning District is intended for more intensive commercial uses and key commercial nodes that require additional controls, particularly for shopping centers and larger retail establishments. The C-3 District accommodates larger developments that may require significant parking, such as shopping centers and large-scale mixed-use development. The C-3 District standards are crafted to:ensure compatibility among neighboring residential, commercial, and entertainment uses; ensure high quality pedestrian connections between public sidewalks and business entrances; and create store fronts that are oriented towards streets and other public ways. Ord. 16-581

The C-4 Heavy Commercial Zoning District is intended for areas of more intense commercial use that are generally not appropriate for lower intensity commercial districts, including uses related to motor vehicles and those that might require outdoor storage. Because of the impacts from more intensive commercial uses, the standards for this district ensure that setbacks, buffering, and site development controls are in place to mitigate negative impacts on neighboring uses. Ord. 16-581

The C-5 Downtown Zoning District is intended for Baltimore’s Downtown and accommodates a wide range of uses normally associated with the downtown of a major city. The C-5 District standards are crafted to:maintain or improve the pedestrian environment; ensure that new construction is compatible with existing development; and develop a greener downtown. In order to address the different character areas that make up Downtown, the C-5 District is divided into the following subdistricts, for which varied bulk and yard regulations are provided to recognize the different physical characteristics of Downtown. The purpose of the C-5-DC Downtown Core Subdistrict is to establish these standards for structures located within the majority of Downtown. The standards recognize that this subdistrict is to be the most intensely developed portion of Downtown and is to be predominately pedestrian-oriented in nature. The purpose of the C-5-IH Inner Harbor Subdistrict is to establish these standards for structures located adjacent to and facing the Inner Harbor. The standards recognize that development within this subdistrict is to be oriented to the Inner Harbor waterfront and be predominantly pedestrian-oriented and mixed-use. The purpose of the C-5-DE Downtown East Subdistrict is to establish these standards for structures within a high intensity waterfront-oriented area. The standards recognize that this area is to contain intense levels of development to create a high density, walkable, mixed-use environment where careful placement of structures affords visual access to the waterfront as well as pedestrian access within. Because this subdistrict is adjacent to lower density neighborhoods of historic and traditional character, the intensity and height of development on the periphery of the subdistrict are intended to provide a transition between the core of this subdistrict and the adjacent neighborhoods. The purpose of the C-5-HT Downtown Historic and Traditional Subdistrict is to establish these standards for structures in an area of Downtown containing substantial historic and traditional architecture that has evolved since the founding of the City. Given the character of that development, this district is designed to require relatively low heights and the use of materials that reflect the existing development context. The purpose of the C-5-TO Downtown Traditional Office Subdistrict is:to establish these standards for structures in an area that primarily consists of early 20th Century office development; and to seek to maintain a distinctive and desirable environment. The purpose of the C-5-HS Howard Street Mixed-Use Subdistrict is to establish these standards for structures to facilitate a transition between the intensive development of the Downtown core and the more modest-scale development found in adjacent, primarily residential environments. The purpose of the C-5-G Government Center Subdistrict is to establish these standards for structures that reflect the scale of major governmental buildings located within the district. The intent is to ensure that future development reflects the existing scale of development and maintains critical views of these public buildings from the adjacent areas. Ord. 16-581 Ord. 17-015 Ord. 24-319

Only those uses of land listed in Table 10-301: Commercial Districts – Permitted and Conditional Uses are allowed within these zoning districts. Ord. 16-581

Table 10-401: Commercial Districts – Bulk and Yard Regulations sets forth the applicable bulk and yard regulations for these zoning districts. Ord. 16-581

Within certain areas of the C-5-DC, C-5-IH, and C-5-DE Subdistricts, a harbor promenade is required. (The applicable areas are shown on the zoning map for the Waterfront Overlay Zoning Districts.) New development in these areas must comply with Title 12, Subtitle 9 {“Waterfront Overlay Zoning Districts”} of this Code. Ord. 16-581

Public open-space plazas are permitted within the C-5 District. Open-space plazas must comply with the following design requirements:a plaza must be designed to be accessible from adjoining buildings and for generally unobstructed pedestrian circulation throughout the plaza; and visibility into the plaza may not be entirely blocked by structures. Ord. 16-581 Ord. 17-015

The C-5 District is exempt from the parking requirements of this Code. New curb cuts are prohibited on primary streets (see Design Manual). Along Pratt Street:parking garages as principal uses are prohibited; vehicle entries to parking garages are prohibited; and all parking garages must be faced with active ground-floor uses, whether residential or non-residential. Ord. 16-581 Ord. 22-181

Except as provided in subsection (b) of this section, skyways and street bridges are prohibited in the C-5 District. For hospital uses, a skyway or street bridge is allowed, subject to conditional use approval from the Board of Municipal and Zoning Appeals. Ord. 16-581

The Commercial Zoning Districts are also subject to the standards listed in this subtitle. Ord. 16-581

Standards governing accessory structures and uses are set forth in Title 15, Subtitle 5 {“Accessory Structures and Uses”} of this Code. Ord. 16-581

On-site development standards are set forth in Title 15 {“Site Development Standards”} of this Code. Ord. 16-581 Ord. 17-015

Standards governing off-street parking and loading are set forth in Title 16 {“Off-Street Parking and Loading”} of this Code. Ord. 16-581

All landscaping and screening must comply with the requirements of the Baltimore City Landscape Manual. Ord. 16-581 Ord. 17-015

Standards governing signs are set forth in Title 17 {“Signs”} of this Code. Ord. 16-581

Standards governing temporary uses are set forth in Title 14, Subtitle 4 {“Temporary-Use Standards”} of this Code. Ord. 16-581

The conversion of a single-family dwelling to a multi-family dwelling is allowed in the Commercial Zoning Districts, subject to the requirements of § 9-702 {“Residential Conversions: Design review”} and § 9-703 {“Residential Conversions: Conversion standards”} of this Code. Ord. 16-581

The purpose of this title is to set out the use regulations and the bulk and yard regulations for Industrial Zoning Districts. Ord. 16-581

The OIC Office-Industrial Campus Zoning District is intended for developments of large office structures, research and development facilities, and light industrial uses. An OIC District must encompass at least 1 acre of land. The OIC District standards are intended for architecturally coordinated office and industrial structures built in a campus-like atmosphere. Examples of typical OIC District uses include:the international headquarters of a large corporation; large research and development facilities; and office campuses of substantial size. Ord. 16-581 Ord. 17-015

The BSC Bio-Science Campus Zoning District is intended to accommodate bio-science campuses, including supportive uses, and some residential uses. A BSC District must encompass at least 1 acre of land. The BSC District allows:a broad mix of uses, integrating manufacturing, office, and research and development; and additional supportive uses, like limited retail, educational facilities, and some higher density residential uses. Ord. 16-581 Ord. 17-015

The IMU Industrial Mixed-Use Zoning Districts are intended to encourage the reuse of older industrial buildings for light industrial use, as well as a variety of non-industrial uses. These older industrial buildings are often surrounded by residential and other non-industrial uses, though in many cases they are also transition zones between a heavy industrial area and a major road or a less intense use or district. 2 types of IMU Districts are established, as follows:one, the IMU-1 District, allows a variety of residential uses, including live-work dwellings; and the other, the IMU-2 District, prohibits all residential uses. The IMU-1 District is generally for industrial buildings that are adjacent to existing residential buildings, typically rowhouses. The IMU-2 District is generally for industrial buildings that are adjacent to heavier industry, port uses, highways, or truck routes and not residential areas. This district is intended to protect industrial land and truck routes from pressures of residential uses. In an IMU-1 District, a use other than residential and other than parking must account for a floor area (located anywhere in any building on the same lot) equal to at least 60% of the total ground-floor area of all buildings on the lot, unless otherwise granted a variance by the Board of Municipal and Zoning Appeals. In an IMU-2 District, a use listed in the “Industrial Use Category” of Table 11-301 {“Industrial Districts – Permitted and Conditional Uses”} as allowed for an IMU-2 District must account for a floor area (located anywhere in any building on the same lot) equal to at least 50% of the total ground floor area of all buildings on the lot, unless otherwise granted a variance by the Board of Municipal and Zoning Appeals. Ord. 16-581 Ord. 22-181

The I-1 Light Industrial Zoning District is intended to provide for a wide variety of light manufacturing, fabricating, processing, wholesale distributing, and warehousing uses. Light industrial uses are enclosed low-intensity, non-nuisance light fabrication and assembly-type manufacturing, with little to no outside impacts. Ord. 16-581

The I-2 General Industrial Zoning District is intended to provide for a wide variety of general manufacturing, fabricating, processing, wholesale distributing, and warehousing uses. General industrial uses include fabrication, warehousing and assembly-type manufacturing, which may result in some moderate external effects, such as smoke, noise, glare, or vibration, and typically include outdoor storage and related outdoor activities. Commercial uses and outdoor storage of materials are allowed. Ord. 16-581

The MI Maritime Industrial Zoning District is intended to ensure the preservation of deep-water frontage of the Port of Baltimore for maritime industrial uses by delineating an area where maritime shipping and maritime industrial uses can be conducted without the intrusion of non-industrial uses and where investment in maritime infrastructure is encouraged. The nature of these activities may result in external effects, such as smoke, noise, glare, or vibration, and typically include outdoor storage and related outdoor activities. Ord. 16-581

Only those uses of land listed in Table 11-301: Industrial Districts – Permitted and Conditional Uses are allowed within these zoning districts. Ord. 16-581 Ord. 17-015

Table 11-401: Industrial Districts – Bulk and Yard Regulations sets forth the applicable bulk and yard regulations for these zoning districts. Ord. 16-581

The Industrial Zoning Districts are also subject to the standards listed in this subtitle. Ord. 16-581

Standards governing accessory structures and uses are set forth in Title 15, Subtitle 5 {“Accessory Structures and Uses”} of this Code. Ord. 16-581

On-site development standards are set forth in Title 15 {“Site Development Standards”} of this Code. Ord. 16-581 Ord. 17-015

Standards governing off-street parking and loading are set forth in Title 16 {“Off-Street Parking and Loading”} of this Code. Ord. 16-581

All landscaping and screening must comply with the requirements of the Baltimore City Landscape Manual. Ord. 16-581 Ord. 17-015

Standards governing signs are set forth in Title 17 {“Signs”} of this Code. Ord. 16-581

Standards governing temporary uses are set forth in Title 14, Subtitle 4 {“Temporary-Use Standards”} of this Code. Ord. 16-581

The purpose of this title is to set out the use regulations, bulk and yard regulations, and other standards for: Office-Residential Zoning Districts; Transit-Oriented Development Zoning Districts; Educational Campus Zoning Districts; Hospital Campus Zoning Districts; Transportation Zoning Districts; Waterfront Overlay Zoning Districts; Rowhouse Mixed-Use Overlay Zoning Districts; Detached Dwelling Mixed-Use Overlay Zoning Districts; Adult-Use Overlay Zoning Districts; and Port Covington Zoning District. Ord. 16-581 Ord. 17-015

An overlay district is a district, established by ordinance, by which a layer of regulations is superimposed on the regulations of an underlying zoning district. The overlay district is intended to modify or supplement the regulations of its underlying zoning districts in recognition of unique circumstances in the area, while maintaining the general character and purpose of the underlying zoning districts over which it is located. Ord. 17-015

OR Office-Residential Zoning Districts are intended for areas where there is a mix of office and residential uses. The regulations for these Districts are designed to ensure that office uses remain compatible with residential uses, thereby permitting the area to maintain a more residential character. Ord. 16-581 Ord. 17-015

The purpose of TOD Transit-Oriented Development Zoning Districts is to encourage the location of uses and forms of development conducive to increased transit usage. These Districts are intended to promote new, well-integrated residential and commercial development around transit stations, to ensure that new development occurs in the form of compatible, higher density, transit-friendly design in close proximity to transit systems, to encourage a pedestrian-orientation in new development, to decrease reliance on motor vehicles by increasing transit uses, and to encourage a mix of buildings and activities that provides settings for social interaction and active community life. In order to address the different characteristics of transit locations within the City, 4 TOD Districts are established: the TOD-1 District, TOD-2 District, TOD-3 District and the TOD-4 District. The primary distinctions among these 4 TOD Districts are height, residential density, and use mix. Ord. 16-581 Ord. 17-015

EC Educational Campus Zoning Districts are intended for the campuses of educational facilities to facilitate an orderly and efficient regulation process for these types of users. There are 2 Educational Campus Zoning Districts: a campus district for colleges and universities that allows for certain non-educational uses and dormitories for students and a second campus for primary and secondary educational facilities that is restricted to education-related uses. These Districts provide a set of base district regulations that offers a certain intensity of development by right. They also provide an allowance for a Campus Master Plan, which must be approved by ordinance, that allows for flexibility in the development and expansion of the campus above the base district regulations. Ord. 16-581 Ord. 17-015

H Hospital Campus Zoning Districts are intended to address the special needs and impacts of large-scale, multi-functional hospitals and medical campuses, including hospital-related and support service uses, such as offices and commercial uses. These Districts provide a set of base district regulations that offers a certain intensity of development by right. They also provide an allowance for a General Development Plan, which must be approved by ordinance, that allows for flexibility in the development and expansion of the hospital campus above the base district regulations. Ord. 16-581 Ord. 17-015

T Transportation Zoning Districts are intended to preserve, protect and enhance road, rail and other transportation corridors within the City. Ord. 16-581 Ord. 17-015

W Waterfront Overlay Zoning Districts are intended to preserve, create, and enhance public views of and access to the waterfront and creatively encourage use of the waterfront by providing a waterfront promenade, including connections to nearby public rights-of-way, open spaces, and other public amenities. These Districts serve to establish a process to encourage new waterfront development to occur in a manner that seeks to minimize substantial change to existing public views of the waterfront from adjacent public streets and neighborhoods, and to enhance the existing waterfront promenade by creating a continuous public access via a promenade along non-industrial portions of the City’s waterfront. Ord. 16-581 Ord. 17-015

R-MU Rowhouse Mixed-Use Overlay Zoning Districts are intended to address those areas of rowhouse development where a mixed-use environment is desired, where some rowhouse structures are used for residential uses and others for first-floor commercial uses. These Overlay Districts are tied directly to the underlying rowhouse district in order to maintain the existing character of the development and the neighborhood. Commercial uses are restricted to only those uses that are compatible with residential uses. Ord. 16-581 Ord. 17-015

D-MU Detached Dwelling Mixed-Use Overlay Zoning Districts address those areas of detached dwelling development where a mixed-use environment is desired, where some detached dwellings are used for residential uses and others for first-floor non-residential uses. These Overlay Districts are tied directly to the underlying detached residential district in order to maintain the existing character of the development and the neighborhood. Non-residential uses are restricted to only those uses that are compatible with residential uses. Ord. 16-581 Ord. 17-015

AU Adult Use Overlay Zoning Districts are intended to provide areas in which to operate an adult use. Ord. 16-581 Ord. 17-015

The Port Covington Zoning District is intended to establish the standards to accommodate the transition of the Port Covington area, located along the north shore of the Middle Branch of the Patapsco River, from a heavy industrial area to a high intensity, mixed-use, waterfront-oriented area over time. The standards recognize that this area is unique because of both its waterfront access and separation from established neighborhoods to the north by the elevated portion of I-95 and a heavy rail line. The Port Covington Zoning District is designed to accommodate an office-industrial headquarters campus and adjacent high-intensity mixed-use with recreational and entertainment amenities to promote a live-work-play community within an ecologically sustainable environment. Ord. 16-581 Ord. 17-015

The Harford Road Overlay District is intended to increase customer supply to businesses along the Harford Road corridor beginning at Argonne Drive and continuing along the center line of Harford Road until the point of intersection with the northern boundary line of the City at Hillcrest Avenue. The regulations for this overlay district are designed to: improve the pedestrian experience; increase transit access and ridership; reduce the requirements for a business owner, developer, and the City to allocate resources to cars and trucks; promote sustainable mixed-use development; promote investment in public spaces through new construction; and increase housing opportunity and diversity.

Only those uses of land listed in Table 12-301: Office-Residential Districts – Permitted and Conditional Uses are allowed within an OR Zoning District. Ord. 16-581 Ord. 17-015

Table 12-302: Office-Residential Districts – Bulk and Yard Regulations sets forth the applicable bulk and yard regulations for an OR District. Measurement methodologies are as set forth in Title 15, Subtitle 3 {“Measurement Methodologies”} of this Code. Exceptions and requirements are as set forth in Title 15, Subtitle 4 {“Exceptions and Requirements”} of this Code. Ord. 16-581 Ord. 17-015

OR Zoning Districts are also subject to the standards listed in this section. Standards governing accessory structures and uses are set forth in Title 15, Subtitle 5 {“Accessory Structures and Uses”} of this Code. On-site development standards are set forth in Title 15 {“Site Development Standards”} of this Code. Standards governing off-street parking and loading are set forth in Title 16 {“Off-Street Parking and Loading”} of this Code. All developments of the type described in § 4-405 {“Design Review: Applicability”} of this Code must comply with the applicable design standards required by the Baltimore City Design Manual. All landscaping and screening must comply with the requirements of the Baltimore City Landscape Manual. Standards governing signs are set forth in Title 17 {“Signs”} of this Code. Standards governing temporary uses are set forth in Title 14, Subtitle 4 {“Temporary-Use Standards”} of this Code. The conversion of a single-family dwelling to a multi-family dwelling is allowed in an OR Zoning District, subject to the requirements of § 9-702 {“Residential Conversions: Design review”} of this Code. Ord. 16-581 Ord. 17-015

4 types of Transit-Oriented Development Districts are established for areas around existing and anticipated transit stations, as follows: The TOD-1 Transit-Oriented Development District is characterized by a more restrictive height and a limited retail use mix; the TOD-2 Transit-Oriented Development District is characterized by a more restrictive height and a full mix of uses; the TOD-3 Transit-Oriented Development District is characterized by significant height and a limited retail use mix; and the TOD-4 Transit-Oriented Development District is characterized by significant height and a full mix of uses. Ord. 16-581

Only those uses of land listed in Table 12-402: Transit-Oriented Development Districts – Permitted and Conditional Uses are allowed within a TOD Zoning District. Ord. 16-581 Ord. 17-015

Table 12-403: Transit-Oriented Development Districts – Bulk and Yard Regulations sets forth the applicable bulk and yard regulations for a TOD District. Measurement methodologies are as set forth in Title 15, Subtitle 3 {“Measurement Methodologies”} of this Code. Exceptions and requirements are as set forth in Title 15, Subtitle 4 {“Exceptions and Requirements”} of this Code. Ord. 16-581 Ord. 17-015

The parking regulations of this section apply to the TOD Districts, in addition to the parking regulations of Title 16 {“Off-Street Parking and Loading”} of this Code. For all commercial and mixed-use structures, off-street parking is prohibited in front of the corner-side or front building line. For a multi-family dwelling, no more than 1 off-street parking space per dwelling unit, plus 1 guest space per 15 dwelling units is permitted. For a rowhouse or multi-family dwelling, no minimum parking is required. Non-residential uses of less than 2,000 square feet are exempt from all parking requirements. Parking for non-residential uses may be provided at no more than 3 spaces per 1,000 square feet of gross floor area. Parking lots may not exceed 1 acre in size. Ingress to and egress from parking must be from side streets or alleys. Ord. 16-581 Ord. 17-015

The TOD Zoning Districts are also subject to the standards listed in this section. Standards governing accessory structures and uses are set forth in Title 15, Subtitle 5 {“Accessory Structures and Uses”} of this Code. On-site development standards are set forth in Title 15 {“Site Development Standards”} of this Code. Standards governing off-street parking and loading are set forth in Title 16 {“Off-Street Parking and Loading”} of this Code. All developments of the type described in § 4-405 {“Design Review: Applicability”} of this Code must comply with the applicable design standards required by the Baltimore City Design Manual. All landscaping and screening must comply with the requirements of the Baltimore City Landscape Manual. Standards governing signs are set forth in Title 17 {“Signs”} of this Code. Standards governing temporary uses are set forth in Title 14, Subtitle 4 {“Temporary-Use Standards”} of this Code. Ord. 16-581 Ord. 17-015

Only those uses of land listed in Table 12-501: Educational Campus Districts – Permitted and Conditional Uses are allowed within an Educational Campus Zoning District. Ord. 16-581 Ord. 17-015

Except as provided in <cite data-path="|32|§12-503">§ 12-503 {“Educational Campus Master Plan”} of this subtitle</cite>, Table 12-502: Educational Campus Districts – Bulk and Yard Regulations sets forth the applicable bulk and yard regulations for new construction in the EC-1 and EC-2 Districts. Measurement methodologies are as set forth in Title 15, Subtitle 3 {“Measurement Methodologies”} of this Code. In this District, height limits are relative to the perimeter street building. Therefore, height is measured from the closest perimeter street to the building. Ord. 16-581 Ord. 17-015 Ord. 18-171

An educational facility within the EC District must obtain approval by ordinance of a Campus Master Plan for any new construction that would deviate from the bulk and yard regulations of Table 12-502. Once a Campus Master Plan is submitted and approved, the development proceeds in accordance with the plan rather than the base district regulations. Until a Campus Master Plan has been approved, Table 12-502 applies in its entirety to the EC District. A Campus Master Plan may be applied only to those properties owned by an educational facility. A Campus Master Plan (and any subsequent amendment to it) requires approval by ordinance, in accordance with the applicable procedures of Title 5, Subtitle 5 {“Legislative Authorizations”} of this Code. The Campus Master Plan must:address the general site layout of the entire district; and include the following:a site plan for development of the entire district, including the proposed boundaries of the District; the location, square footage, and building heights of all existing structures and uses; the location, approximate square footage, and approximate building heights, within a reasonable range, of all proposed structures and uses; a landscape plan that shows the location of all open space and of any buffering or screening along the perimeter of the district; a sign plan that shows the location of all proposed signs; internal traffic circulation plans, including traffic ingress and egress locations, pedestrian circulation, bicycle circulation, and public transit access; and the location and capacity of all off-street parking and loading spaces. A condition of the EC-1 or EC-2 District zoning designation is that the primary use within the proposed area is an educational facility. An educational facility may choose to submit a Campus Master Plan for approval simultaneously with a zoning map amendment, both subject to approval by ordinance, so that the land would controlled by the Campus Master Plan, rather than the base district standards. Map amendments to increase the boundaries of, add additional uses to, or add additional property to the EC District requires Campus Master Plan approval by ordinance. Ord. 16-581 Ord. 17-015 Ord. 18-216

Unless a Campus Master Plan has been approved, the standards listed in this section apply to the EC Districts. Standards governing accessory structures and uses are set forth in Title 15, Subtitle 5 {“Accessory Structures and Uses”} of this Code. On-site development standards are set forth in Title 15 {“Site Development Standards”} of this Code. Standards governing off-street parking and loading are set forth in Title 16 {“Off-Street Parking and Loading”} of this Code. All developments of the type described in § 4-405 {“Design Review: Applicability”} of this Code must comply with the applicable design standards required by the Baltimore City Design Manual. All landscaping and screening must comply with the requirements of the Baltimore City Landscape Manual. Standards governing signs are set forth in Title 17 {“Signs”} of this Code. Standards governing temporary uses are set forth in Title 14, Subtitle 4 {“Temporary-Use Standards”} of this Code. Ord. 16-581 Ord. 17-015

An Educational Campus District must encompass at least the smaller of the following: 2 acres of land; or the entire city block on which it is situated. Ord. 17-015

Only those uses of land listed in Table 12-601: Hospital Campus Districts – Permitted and Conditional Uses are allowed within a Hospital Campus Zoning District. Ord. 16-581 Ord. 17-015

Except as provided in <cite data-path="|32|§12-603">§ 12-603 {“Hospital General Development Plan”} of this subtitle</cite>, Table 12-602: Hospital Campus Districts – Bulk and Yard Regulations sets forth the applicable bulk and yard regulations for new construction in the H District. Hospital buildings existing as of June 5, 2017, regardless of height and yards, are deemed conforming. Measurement methodologies are as set forth in Title 15, Subtitle 3 {“Measurement Methodologies”} of this Code. In this District, height limits are relative to the perimeter street building. Therefore, height is measured from the closest perimeter street to the building. Ord. 16-581 Ord. 17-015

A hospital facility within the H District must obtain approval by ordinance of a General Development Plan for any new construction that would deviate from the bulk and yard regulations of Table 12-602. Once a General Development Plan is submitted and approved, the development proceeds in accordance with the plan rather than the base district regulations. A General Development Plan may be applied only to those properties owned by a hospital facility at the time of the plan’s approval. An approved General Development Plan is a permitted exception to all base district regulations expressly made subject to the plan, including plan-approved use, sign, parking, and maximum height regulations. A General Development Plan (and any subsequent amendment to it) requires approval by ordinance, in accordance with the applicable procedures of Title 5, Subtitle 5 {“Legislative Authorizations”} of this Code. The General Development Plan must:address the general site layout of the entire district; and include the following:a site plan for development of the entire district, including the proposed boundaries of the District; the location, square footage, and building heights of all existing structures and uses; the location, approximate square footage, and approximate building heights, within a reasonable range, of all proposed structures and uses; a landscape plan that shows the location of all open space and of any buffering or screening along the perimeter of the district; a sign plan that shows the location of all proposed signs; internal traffic circulation plans, including traffic ingress and egress locations, pedestrian circulation, bicycle circulation, and public transit access; and the location and capacity of existing and proposed off-street parking and loading spaces. A condition of the H District zoning designation is that the primary use within the proposed area is a hospital. A hospital may choose to submit a General Development Plan for approval simultaneously with a zoning map amendment, both subject to approval by ordinance, so that the land would be controlled by the General Development Plan, rather than the base district standards. Map amendments to increase the boundaries of, add additional uses to, or add additional property to the H District requires General Development Plan approval by ordinance. Ord. 16-581 Ord. 17-015 Ord. 18-216

Unless a General Development Plan has been approved, the standards listed in this section apply to the H District. Standards governing accessory structures and uses are set forth in Title 15, Subtitle 5 {“Accessory Structures and Uses”} of this Code. On-site development standards are set forth in Title 15 {“Site Development Standards”} of this Code. Standards governing off-street parking and loading are set forth in Title 16 {“Off-Street Parking and Loading”} of this Code. All developments of the type described in § 4-405 {“Design Review: Applicability”} of this Code must comply with the applicable design standards required by the Baltimore City Design Manual. All landscaping and screening must comply with the requirements of the Baltimore City Landscape Manual. Standards governing signs are set forth in Title 17 {“Signs”} of this Code. Standards governing temporary uses are set forth in Title 14, Subtitle 4 {“Temporary-Use Standards”} of this Code. Ord. 16-581 Ord. 17-015

A Hospital Campus District must encompass at least 1 the smaller of the following: 2 acres of land; or the entire city block on which it is situated. Ord. 17-015

In a Transportation District, the following uses are permitted: Public rights-of-way. Commuter and freight rail lines and activities directly related to the provision of commuter or freight rail service, including accessory structures. Bus ways. Pedestrian and bicycle trails. Ord. 16-581 Ord. 17-015

The Waterfront Overlay Districts apply to all waterfront lots as shown on the zoning map. Unless modified by this section, the underlying zoning district and critical area regulations apply (See Title 7, Subtitle 4). 2 subdistricts of a Waterfront Overlay Zoning District apply as provided in this subsection. The W-1 Subdistrict applies to land along the waterfront areas characterized by a hardscape boundary with the water, such as bulkheads, port facilities, or a hard-surface promenade. The W-2 Subdistrict applies to areas with a soft shoreline, such as wetlands, vegetation, or habitat areas that directly abut the water, most notably along the Middle Branch. To ensure a compatible development pattern along the shoreline, property owners are encouraged to cooperate as development proceeds in a W-2 Subdistrict. The Waterfront Overlay Districts do not apply to industrially zoned properties. Ord. 16-581 Ord. 17-015

Before any new construction may begin in the Waterfront Overlay Zoning Districts, design review approval is required. Ord. 16-581

Maximum building heights in the Waterfront Overlay Zoning Districts are as indicated in the following Tables, not by the underlying zoning: Table 12-903(1): Canton Waterfront Area; Table 12-903(2): Fells Point Waterfront Area; Table 12-903(3): Key Highway Waterfront Area; and Table 12-903(4): Middle Branch Waterfront Area. Ord. 16-581

No development may block the view of the waterfront from any public street that extends to the waterfront or that terminates before reaching the waterfront but adjoins the boundaries of this subdistrict. These view corridors must be of the same width as the adjoining public street, and continue to the waterfront as a straight line extension of the adjoining street. This extension may be modified with approval of a view corridor modification by the Director of Planning. Building projections into any view corridor may not exceed more than 10% of the width of the corridor and are allowed only on those corridors that are at least 30 feet wide. These projections may encompass up to a maximum of 20% of the building facade fronting the corridor. Landscaping, exterior lighting, or other public amenities may be located within the view corridor to maximize public view to the water. Parking is permitted within a view corridor as long as public access areas are maintained and not encroached upon. View corridors must:connect existing parks, open-space areas, and new development centers to the waterfront; be located no more than 300 feet apart from one another and be at least 15 feet wide; or be located no more than 600 feet apart from one another and be at least 60 feet wide. Landscaping, exterior lighting, or other public amenities may be located within the view corridor to maximize public view of the water. Parking is permitted within a view corridor, as long as public access areas are maintained and not encroached upon. Ord. 16-581 Ord. 17-015

An administrative exception to the requirements of this section can be granted as provided in § 4-409 {“Administrative exceptions”} of this Code. Blank walls along the promenade are prohibited. Primary or secondary building entrances are encouraged to be located on facades facing the promenade. The ground floor of commercial buildings, as measured from grade to the bottom of the second floor, must maintain a transparency of 40%. Windows must be constructed of clear or lightly tinted glass. Tinting above 20% or reflective glass is prohibited. Windows must begin within 3 feet of grade. No overhead service doors or bays may face the promenade. Loading and service areas must be internal to the development block and accessed through service corridors and not through pedestrian-oriented streets. Retail uses along the promenade are encouraged. Outdoor extension of these uses are restricted to a maximum of 8 feet into the required promenade easement and must be separated from the paved portion with planting beds, raised planters, or a minimum 2-foot vertical separation. Where planting beds or raised planters are used to provide separation, landscape should be provided in accordance with the Baltimore City Landscape Manual. No extensions of residential structures are permitted. The height of any structure facing a major public street must be at least 35 feet. Structures over 60 feet high must be located at least 100 feet from any adjacent structure over 60 feet high. Parking, whether internal or external, adjoining any promenade easement is prohibited, as described in § 12-906 {“Waterfront public access promenade, open space, and required easements”}. The floor area ratio within this subdistrict may not exceed a maximum of 2.0. However, mixed-use developments with residential units that constitute 80% or more of the overall development plan are permitted a floor area ratio of 2.5 for the entire development area. Blank walls along the waterfront are prohibited. Primary or secondary building entrances are encouraged to be located on facades facing the open-space and view corridors. Loading, service areas, and entrances to parking garages (principal use) must be sited so that they are not visible from the waterfront or view corridors to the greatest extent feasible. The height of any structure facing a public street must be at least 35 feet. Ord. 16-581 Ord. 17-015

In addition to the uses allowed by the underlying zoning districts, on waterfront lots within the W-1 Overlay Subdistrict, a continuous public access waterfront promenade, accessible to the public but built and maintained by the owners of the underlying land, must be provided on lots, or development parcels consisting of lots, that adjoin the waterline of the Inner Harbor of the Chesapeake Bay and, where applicable, the Middle Branch of the Patapsco. A public access promenade must be established by an easement at least 30 feet wide, unless otherwise shown on Tables 12-903(1)-(4), of which at least 12 feet must be a permanently constructed promenade. Those areas of the 30-foot public easement that do not consist of permanently constructed promenade must be landscaped and maintained in a manner that is visible to the public and in accordance with the Landscape Manual. Where it can be demonstrated that it is functionally justified, the Director of Planning may allow a promenade or easement of lesser width. Promenade easements must be recorded by the property owner within 1 month of their approval and a copy of the recordation receipt provided to the Director of Planning. These required easement improvements must be built and maintained by the property owner. Public access must be available 24 hours a day, 7 days a week unless otherwise agreed to by the Director of Planning and stated in the easement. The completion of the promenade easement area must coincide with the completion of the adjacent development on the property. Public access corridors are connections between public streets adjoining a waterfront property and the promenade established on the property. All public access corridors must be included in the pedestrian promenade easements for the property in which they are located. The widths of the required corridors may vary but must be at least 12 feet wide. The corridors must be open to the public 24 hours a day, 7 days a week, unless otherwise agreed to by the Director of Planning and stated in the easement, and free of gates or other impeding obstacles. Adequate lighting of these corridors, consistent with the promenade, is required. No motor vehicles are permitted to use or cross the promenade, unless for emergency or invasive repair purposes. Any proposed road crossing of the promenade, either public or private, requires Planning Commission approval. No mechanical or service equipment may be located adjacent to the promenade easement unless it is within an enclosed structure or otherwise screened from public view in accordance with the requirements of the Baltimore City Landscape Manual. In addition to the uses allowed by the underlying zoning districts, on waterfront lots within the W-2 Overlay Subdistrict, a conservation easement, accessible to the public but built and maintained by the owners of the underlying land, must be provided on lots, or development parcels consisting of lots, that adjoin the waterline of Middle Branch of the Patapsco. A buffer that provides a vegetated habitat area must be established by an easement at least 100 feet wide landward from the mean high water line of tidal waters or from the edge of tidal wetlands and tributary streams, and must be vegetated as specified by the Critical Area Management Program. A 12-foot wide hiking and biking trail must be constructed in this area. To allow flexibility for development while preserving and creating habitat, the Director of Planning may approve a reduction of the 100-foot wide buffer to not less than 50 feet (from the mean high water line) if:the areas of impact are replaced with areas elsewhere on the sites controlled by the same developer; or there is an outfall or other limiting physical condition, as indicated on the zoning map. The replacement areas must be:of equal or greater size than the area being transferred and placed under easement; and adjoining a habitat area. Both the transferred habitat area and the contiguous habitat area must be properly vegetated as specified by the Critical Area Management Program. Stormwater from the entire site must be managed to prevent negative impacts to the buffer. The hiking and biking trail, together with a 12-foot hard surface and a meadow or mown strip a maximum of 3 feet wide on either side, must be at least 50 feet from the mean high tide line. Public access corridors to the trail must be provided and included in the easements for the property where they are located. The trail on any given property must connect to the trail on adjoining properties. The trail takes the place of the promenade and these hard surfaces are exempt from the Critical Area buffer requirement, but are not exempt from stormwater requirements. Access to the water as part of the trail system is encouraged, and must be approved by the Director of Planning. Easements for the buffer and the hiking and biking trail must be recorded by the property owner once approved and a copy of the easements, stamped at the courthouse, provided to the Director of Planning. These required easement improvements must be built and maintained by the property owner. Public access on private property is subject to reasonable rules and regulations adopted by the property owner and included in the easement. The completion of the easement area must coincide with the completion of the adjacent development on the property. The shoreline must be maintained as a naturally vegetated buffer. No new bulkheads or rip-rap may be constructed and any existing bulkheads or rip-rap must be removed to the greatest extent possible as development occurs. Additionally, wetland marsh creation, restoration, and preservation are encouraged. Any work done in designated habitat protection areas, resource conservation areas, or existing vegetated buffers must be scheduled so that it does not disturb the reproductive cycles of fish or wildlife. No motor vehicles are permitted to use or cross the hiking and biking trail, unless required for an emergency or for trail or buffer maintenance purposes. No mechanical or service equipment may be located adjacent to the conservation easement unless it is within an enclosed structure or otherwise screened from public view in accordance with the requirements of the Baltimore City Landscape Manual. Ord. 16-581 Ord. 17-015 Ord. 18-216

A Rowhouse Mixed-Use Overlay District may be applied to rowhouse dwellings in the R-5, R-6, R-7, R-8, R-9, R-10, and OR Districts. This Overlay District allows the rowhouse dwelling to be used for 1 of the non-residential uses listed in <cite data-path="|32|§12-1003">§ 12-1003 {“Use regulations”} of this subtitle</cite>. A rowhouse dwelling’s initial conversion from a residential use to a non-residential use listed in <cite data-path="|32|§12-1003">§ 12-1003 {“Use regulations”} of this subtitle</cite> requires conditional-use approval by the Board of Municipal and Zoning Appeals. Ord. 16-581 Ord. 17-015

An R-MU Overlay District may only be applied to a minimum of: 50% of the blockface; or two opposing corner lots. Ord. 16-581 Ord. 17-015

In an R-MU Overlay District, 1 (but no more than 1) of the following non-residential uses is permitted on the ground floor of a rowhouse structure:Art gallery. Arts studio. Day-care center: Adult or child (See § 14-309 for use standards). Office. Personal services establishment. Restaurant. Retail goods establishment – no alcoholic beverage sales. In an R-MU Overlay District, the following uses are conditional uses requiring approval by the Board of Municipal and Zoning Appeals:Outdoor Dining (See § 14-329 for use standards). Initial conversion of a rowhouse dwelling from a residential use to a non-residential use listed in subsection (a) of this section. Use of upper floor for a non-residential use listed in subsection (a) of this section. Ord. 16-581 Ord. 17-015

The bulk and yard regulations for rowhouses in the underlying zoning district apply to a Rowhouse Mixed-Use Overlay District, except as provided in subsection (b) of this section. Subsection (a) does not apply to the minimum lot area for a non-residential use that was converted under this subtitle from a residential use. In that case, the minimum lot area requirement for the prior residential use applies. Ord. 16-581 Ord. 17-015

The design standards for rowhouse dwellings in the underlying zoning district apply to a Rowhouse Mixed-Use Overlay District. Conversion of a rowhouse to a use allowed by <cite data-path="|32|§12-1003">§ 12-1003 {“Use regulations”} of this subtitle</cite> requires design review. This conversion is subject to the following design and performance standards. The ground floor of the structure may be used for a non-residential use listed in <cite data-path="|32|§12-1003">§ 12-1003 {“Use regulations”} of this subtitle</cite>. The upper floors of the structure may be used for office uses related to that ground-floor business, as long as the upper floors are not open to the public. For all other non-residential uses, conditional-use approval by the Board of Municipal and Zoning Appeals is required for the use of the upper floors of a structure for the non-residential uses listed in <cite data-path="|32|§12-1003">§ 12-1003 {“Use regulations”} of this subtitle</cite>. The residential form of the building must be generally maintained. However, ground-floor windows and doors may be enlarged for improved visibility and access. The principal entrance must be a direct entry from the primary abutting street. No additional off-street parking is required. Outside storage or display is prohibited. All business, servicing, processing, and storage uses must be located within the structure. Signs are limited to wall, projecting, window, awning, and temporary a-frame signs only. Ord. 16-581 Ord. 17-015 Ord. 18-216

A Detached Dwelling Mixed-Use Overlay District may be applied to detached dwellings. This Overlay District allows the detached dwelling to be used for 1 of the non-residential uses listed in § 12-1103 {“Use regulations”}. A detached dwelling’s initial conversion from a residential use to a non-residential use listed in <cite data-path="|32|§12-1103">§ 12-1103 {“Use regulations”} of this subtitle</cite> requires conditional-use approval by the Board of Municipal and Zoning Appeals. Ord. 16-581 Ord. 17-015

A D-MU Overlay District may only be applied to a minimum of: 50% of the blockface; or two opposing corner lots. Ord. 16-581 Ord. 17-015

In a D-MU Overlay District, 1 (but no more than 1) of the following non-residential uses is permitted on the ground floor of a detached dwelling:Art gallery. Arts studio. Day-care center: Adult or child (See § 14-309 for use standards). Office. In a D-MU Overlay District, the following uses are conditional uses requiring approval by the Board of Municipal and Zoning Appeals:Initial conversion of a detached dwelling from a residential use to a non-residential use listed in subsection (a) of this section. Use of upper floor for a non-residential use listed in subsection (a) of this section. Ord. 16-581 Ord. 17-015

The bulk and yard regulations for detached dwellings in the underlying zoning district apply to a D-MU Overlay District. Ord. 16-581 Ord. 17-015

The design standards for detached dwellings in the underlying zoning district apply to a D-MU Overlay District. Conversion of the structure to a use allowed by §12-1103 {“Use regulations”} of this subtitle requires design review. This conversion is subject to the following design and performance standards. The ground floor of the structure may be used for a non-residential use listed in <cite data-path="|32|§12-1003">§ 12-1003 {“Use regulations”} of this subtitle</cite>. The upper floors of the structure may be used for office uses related to that ground-floor business, as long as the upper floors are not open to the public. For all other non-residential uses, conditional-use approval by the Board of Municipal and Zoning Appeals is required for the use of the upper floors of a structure for the non-residential uses listed in <cite data-path="|32|§12-1003">§ 12-1003 {“Use regulations”} of this subtitle</cite>. The residential form of the building must be generally maintained. The principal entrance must be a direct entry from the primary abutting street. No additional off-street parking is required. Outside storage or display is prohibited. All business, servicing, processing, and storage uses must be located within the structure. Signs are limited to wall and projecting signs only. Ord. 16-581 Ord. 17-015 Ord. 18-216

The Adult Use Overlay District may be applied only within the C-5 District. Ord. 16-581

All permitted uses in the underlying zoning district are allowed as permitted uses within the Adult Use Overlay District. All conditional uses in the underlying zoning district are allowed as conditional uses within the AU Overlay District. In addition, the following uses are conditional uses, requiring approval by the Board of Municipal and Zoning Appeals:Adult uses (See § 14-301 for use standards). Ord. 16-581

The bulk and yard regulations of the underlying zoning district apply to the AU Overlay District. Ord. 16-581

The establishment of an adult use within the City is a 2-step process:First an area must be zoned as an Adult Use Overlay District, in accordance with the provisions of this subtitle, the zoning amendment process of Title 5, Subtitle 5 {“Legislative Authorizations”} of this Code, and the additional approval standards of subsection (b) of this section. Once the area is rezoned, a conditional use may be applied for to establish the adult use, in accordance with the provisions of this subtitle, the conditional use process of Title 5, Subtitle 4 {“Conditional Uses”} of this Code, and any additional use and development standards of this Code. A conditional use may be applied for to establish an adult use in an area already zoned as an AU Overlay District. In addition to the general standards for zoning map amendments, as set forth in § 5-406 {“Approval standards”} of this Code, the following standards must be met. The adult use must be so designed, located, and operated so that the public health, safety, and welfare will be protected. The adult use may not unduly increase traffic congestion in the public streets of the area in which it is located. The adult use may not cause additional public expense for fire or police protection. No adult use may be conducted in any manner that permits the observation, from any public way or adjacent property, of any material that depicts, describes, or relates to specified sexual activities or specified anatomical areas. This applies to any display, decoration, sign, show window, or other opening. Adult uses must meet the standards of § 14-301 {“Adult uses”} of this Code. Ord. 16-581

4 Subdistricts are established to accommodate and encourage redevelopment of the Port Covington area, along the north shore of the Middle Branch of the Patapsco River, as follows: The PC-1 Subdistrict is characterized by commercial use, entertainment, attractions, open-space, waterfront, and recreation amenities that create a focal point within the Port Covington Zoning District. The standards recognize that development within this subdistrict is to be ecologically sustainable, oriented to both the street edges and the Middle Branch Waterfront, and predominantly pedestrian-oriented. Development is generally mid-scale to promote connectivity between the waterfront and adjoining subdistricts. The PC-2 Subdistrict is characterized by a wide mix of uses, including residential, commercial, office, open-space, recreation, and entertainment amenities, waterfront, and light industrial in a dense urban setting. The standards recognize that the development in this subdistrict is to accommodate a high-density, walkable, mixed-use environment. The PC-3 Subdistrict is characterized by a wide mix of uses, including residential, commercial, office, open-space, recreation, and entertainment amenities, as well as industrial uses as part of a live-work-play community. The standards recognize that this subdistrict is designed to accommodate the transition from an historically industrial area to a medium-density, walkable, mixed-use environment. The PC-4 Subdistrict is characterized as an office-industrial campus on the waterfront that can accommodate the international headquarters of a major corporation. The standards are intended for architecturally coordinated office and industrial structures built in a campus-like atmosphere, which includes a focus on recreation amenities. This subdistrict provides standards to promote ecologically sustainable design and accommodate a high-density, walkable environment for this waterfront campus. Ord. 16-581 Ord. 17-015

Only those uses listed in Table 12-1302: Port Covington District – Permitted and Conditional Uses are allowed within the PC Subdistricts. Ord. 16-581 Ord. 17-015

Table 12-1303: Port Covington District – Bulk and Yard Regulations sets forth the applicable bulk and yard regulations for the PC Subdistricts. Measurement methodologies are as set forth in Title 15, Subtitle 3 {“Measurement Methodologies”} of this Code. Exceptions and requirements are as set forth in Title 15, Subtitle 4 {“Exceptions and Requirements”} of this Code. Ord. 16-581 Ord. 17-015

The PC Subdistricts are also subject to the standards listed in this section. Standards governing accessory structures and uses are set forth in Title 15, Subtitle 5 {“Accessory Structures and Uses”} of this Code. On-site development standards are set forth in Title 15 {“Site Development Standards”} of this Code. Standards governing off-street parking and loading are set forth in Title 16 {“Off-Street Parking and Loading”} of this Code. All landscaping and screening must comply with the requirements of the Baltimore City Landscape Manual. Standards governing signs are set forth in Title 17 {“Signs”} of this Code. Standards governing temporary uses are set forth in Title 14, Subtitle 4 {“Temporary-Use Standards”} of this Code. Ord. 16-581 Ord. 17-015

There is a Harford Road Overlay District.

The boundaries of the district are as shown on that certain map titled “Harford Road Overlay District” dated as of June 5, 2024, on file with the Department of Planning.

For non-residential zoning districts, only those uses listed in Table 12-1403: Harford Road Overlay District – Permitted and Conditional Uses are allowed within the Harford Road Overlay District. Only those uses of land listed in the tables listed below are allowed within each respective zoning district.Table 8-301: Detached and Semi-Detached Residential Districts – Permitted and Conditional Uses. Table 9-301: Rowhouse and Multi-Family Residential Districts – Permitted and Conditional Uses. The use “Dwelling: Multi-Family” is permitted in all residential districts.

The bulk and yard regulations for the structures in the underlying zoning district apply to the Harford Road Overlay District. Measurement methodologies are as set forth in Title 15, Subtitle 3 {“Measurement Methodologies”} of this Code. Exceptions and requirements are as set forth in title 15, Subtitle 4 {“Exceptions and Requirements”} of this Code. Residentially zoned properties may be developed as a “Dwelling: Multi-Family” to the bulk and yard specifications for the R-10 zoning district established in Table 9-401 {“Rowhouse and Multi-Family Residential Districts – Bulk and Yard Regulations”}.

The Harford Road Overlay District is also subject to the standards contained in this section. Standards governing accessory structures are set forth in Title 15, Subtitle 5 {“Accessory Structures and Uses”} of this Code. On-site development standards are set forth in Title 15 {“Site Development Standards”} of this Code. Under § 16-601(b) of this Code, the district is exempt from off-street parking requirements. All developments of the type described in § 4-405 {“Design Review: Applicability”} of this Code must comply with the applicable design standards required by the Baltimore City Design Manual. New curb cuts are prohibited on Harford Road at real property with rear or side access. Real property with existing curb cuts that exceed City standards may be removed by the City. Existing curb cuts or abandoned curb cuts do not guarantee reuse. All disused curb cut permissions are revoked. The City reserves the right to deny any curb cut request regardless of the availability or unavailability of access. All landscaping and screening must comply with the requirements of the Baltimore City Landscape Manual. Standards governing signs are set forth in Title 17 {“Signs”} of this Code. Standards governing temporary uses are set forth in Title 14, Subtitle 4 {“Temporary-Use Standards”} of this Code.

The purpose of a planned unit development is to: encourage flexibility in the development of land and in the design of structures; encourage a creative approach to the use of land that results in better development and design than might otherwise be accomplished under the strict application of this Code on a lot-by-lot basis; provide for the efficient use of land to facilitate a more effective arrangement of land uses, buildings, circulation systems, and utilities; encourage the construction of appropriate aesthetic amenities that will enhance the character of the site; promote quality development that is commensurate with other development within the community and compatible with the character of the surrounding area and adjacent properties; and facilitate the implementation of the Comprehensive Master Plan. Ord. 16-581

Residential, office-residential, business, and industrial planned unit developments approved before the effective date of this Code (June 5, 2017) remain valid as long as they continue to comply with all requirements and conditions of their approvals and with the Zoning Code regulations in effect immediately preceding the date of those approvals. Any amendments to these previously approved planned unit developments will be categorized as either engineering corrections, minor changes, or major changes in accordance with Subtitle 4 {“Modifications to approved final development plans”} of this title and must follow the corresponding approval procedure. All permitted and conditional uses of the underlying zoning district of a previously approved planned unit development are allowed unless specifically prohibited by the planned unit development. Ord. 16-581 Ord. 17-015 Ord. 18-171

Planned unit developments may only be established by ordinance of the Mayor and City Council enacted in accordance with the provisions of this title. Unless otherwise specifically provided by the ordinance establishing or amending the planned unit development, all requirements of the underlying zoning district apply. Planned unit developments are prohibited in the I-1, I-2, and MI Districts. Planned unit developments may only be repealed by ordinance of the Mayor and City Council enacted in accordance with the provisions of this title. Ord. 16-581 Ord. 17-015 Ord. 18-171 Ord. 19-251

The site of the planned unit development must be under common ownership or unified control. If there are 2 or more owners, the application for approval of a new planned unit development must be jointly filed by all owners, or their respective contract purchaser or authorized agents. When applying for a major change or repeal of an existing planned unit development, one owner or contract purchaser, or the authorized agent of either, may make the application for approval, as long as all other property owners, or their authorized agents, are notified in accordance with Title 5, Subtitle 6 {“Notices”} of this Code. Planned unit developments must meet the following minimum areas:at least 5 acres in the R-1A, R-1B, R-1C, R-1D, R-1E, R-1, R-2, R-3, R-4, R-5, OIC, and BSC Districts; at least 2 acres in the R-6, R-7, R-8, R-9, R-10, C-1, C-2, C-3, C-4, IMU-1 and -2, TOD, OR, and PC Districts; and at least 1½ acres in the C-5 District. Exceptions to the regulations contained in this Code, including use, bulk, yard, parking, and sign regulations, may be granted through the planned unit development process, as may be desirable to achieve the objectives of the proposed planned unit development, as long as the exceptions are fully consistent with and authorized by this title. Ord. 16-581 Ord. 17-015 Ord. 19-244 Ord. 19-252

In reviewing a planned unit development:the conditional use standards of § 5-405(a) {“Conditions: In general”} and § 5-406 {“Approval standards”}of this Code apply; and the following additional factors must be considered:whether the planned unit development is in general conformance with all elements of the Comprehensive Master Plan, and the character and nature of existing and contemplated development in the vicinity of the proposed planned unit development; whether the planned unit development will preserve unusual topographic or natural features of the land, and the design of the planned unit development will best utilize and be compatible with the topography of the land; whether the physical characteristics of the planned unit development will not adversely affect future development or the value of undeveloped neighboring areas, or the use, maintenance, or value of neighboring areas already developed; whether the planned unit development will provide the same protection as the basic district regulations in regard to fire, health hazards, and other dangers; whether the planned unit development will encourage innovative design features or adaptive reuse of structures that would not be possible by application of the basic district regulations; and whether the planned unit development is compatible with any nearby industrial district. The planned unit development may be approved only if there are findings that:the use is compatible with the surrounding neighborhood; the use furthers the purpose of the proposed classification; and the PUD master plan developed under <cite data-path="|32|§13-304">§ 13-304 {“PUD master plan”} of this title</cite> ensures that there will be no discordance with existing uses. Ord. 16-581

In determining whether to grant an exception from district regulations, the Planning Commission and City Council must consider whether the exception will:enhance the overall merit of the planned unit development; promote the objectives of both the City and the development; enhance the quality of the design of the structures and the site plan; enable the development to offer environmental and pedestrian amenities; not cause such an adverse impact on neighboring properties so as to outweigh the benefits of the development; not negatively affect the value and enjoyment of surrounding property, the provision of municipal services, or the flow of traffic; be compatible with the land use policies of the Comprehensive Master Plan; provide a substantial public benefit to the City, as illustrated in subsection (d) of this section; and allow uses that predominantly match or are compatible with uses allowed in the underlying zoning district and the zoning districts of adjacent properties. To be granted an exception, the applicant must demonstrate superior design and enhanced amenities. In no case may any exception be granted unless the applicant demonstrates a substantial benefit to the City. Examples of substantial benefits to the City are as follows:use of sustainable design and architecture, such as green roofs, white roofs, and other energy efficient design concepts, new building technologies, and qualifying as a Leadership in Energy and Environmental Design (“LEED”) or LEED-equivalent structure; enhanced design characteristics, including mixed-use development, circulation systems that utilize alleys or traffic-calming techniques, and a pedestrian-oriented environment; community amenities, including plazas, malls, formal gardens, places to congregate, outdoor seating, public art, and pedestrian and transit facilities; preservation of natural areas and site design that is sensitive to environmental features; historic preservation and adaptive reuse of historic structures; additional open-space and recreational amenities, such as recreational open space and playgrounds, including athletic fields, dog parks, natural water features, and conservation areas; additional public infrastructure improvements, in addition to the minimum needed by the planned unit development, such as new or repaved streets, bicycle paths, gutters and sewers, and traffic control devices to improve traffic flow; senior housing set-aside; affordable housing set-aside; provision of accessible dwelling units with accessible features beyond those required by the Americans with Disabilities Act or any other applicable codes; and provision of public car or bike share facilities. Ord. 16-581

In determining whether to approve the repeal of a planned unit development, the Planning Commission and the City Council must find that: the repeal of the planned unit development is in the public interest; and the approved final development plan of the planned unit development:has been substantially completed; is no longer necessary in light of the property’s underlying zoning; is no longer consistent with the City’s Master Plan; or has been abandoned by the property owner. Ord. 19-252

Approval of a planned unit development is a 4-step process comprising:preliminary consultation; concept plan; PUD master plan; and final development plan. The procedures, requirements, restrictions, and conditions of this title must be observed in the authorization of a planned unit development. In accordance with Title 5, Subtitle 5 {“Legislative Authorizations”}, of this Code, at the request of a property’s owner or developer, 1 or more members of the City Council may introduce a legislative authorization to approve, amend, or repeal a planned unit development and PUD master plan. On referral of the bill for the legislative authorization to the Planning Commission, as required by Title 5, Subtitle 5:the property owner or developer seeking the legislative authorization is considered the applicant for purposes of this title; and the procedures of this subtitle apply. Ord. 16-581

Before filing any plans for a planned unit development, the applicant must attend a preliminary consultation with the Director of Planning. This consultation must take place before or as soon as possible after introduction of the bill seeking the legislative authorization for the planned unit development. For the preliminary consultation, the applicant must provide the following information:location of the proposed development; proposed uses; proposed public and private improvements; a list of any exceptions to district requirements that the applicant anticipates will be requested; and any other information necessary to clearly explain the planned unit development. The purpose of the preliminary consultation is to make advice and assistance available to the applicant before preparation of the concept plan, so that the applicant may determine:whether the proposed planned unit development appears in general to be in compliance with the provisions of this Code and other applicable regulations; whether any zoning exceptions are required in connection with the proposed planned unit development; and whether the proposed planned unit development will be in conformity with the Comprehensive Master Plan and the goals and policies of the City for development. The preliminary consultation does not require the filing of an application or payment of a fee. Opinions or advice provided at the consultation are in no way binding on the Planning Commission or the City Council when later taking formal action on the planned unit development. Ord. 16-581

After the preliminary consultation, the applicant must file a concept plan with the Planning Director for the purpose of obtaining information and guidance from the Planning Commission before the applicant enters into binding commitments or incurs substantial expense. At minimum, the concept plan must consist of the following:a site plan that is drawn to an appropriate scale and, in general form, shows:proposed land uses and structures; natural features of the development site; approximate location of all roadways and access drives proposed within the planned unit development; and location of all adjacent public streets, thoroughfares, and public utilities; a site location map that is drawn to an appropriate scale and shows:the proposed planned unit development in relation to surrounding streets and property within 600 feet in all directions of the development site; and the location, height, and land use of all existing buildings and structures adjoining the development site; schematic drawings that show the size, gross square footage, character, and disposition of buildings currently existing on the site and buildings proposed for the site; and a written statement that contains:a general explanation of the planned unit development; a statement of the present ownership of all the land within the development; a schedule setting forth any proposed exceptions to district requirements, including exceptions to the regulations governing use, bulk, yard, off-street parking, and signs, as they apply to the zoning district or districts in which the planned unit development is to be located; and proposed public benefits and amenities. The Planning Commission must review the concept plan and provide the information and guidance that it considers appropriate. Opinions or advice provided by the Planning Commission are in no way binding on the Planning Commission or the City Council when later taking formal action on the planned unit development. The review of the concept plan is a public meeting. Public comment on the concept plan will be accepted at that meeting. Notice of the meeting must be given as specified by the Director of Planning in accordance with:the rules and regulations that, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Planning Commission adopts; and the State Open Meetings Act (Title 3 of the State <cite data-path="|general">General Provisions Article</cite>). Ord. 16-581 Text Conformed 02/28/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed paragraph (2)(i) of subsection (e) to refer expressly to and reflect the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

The purpose of the PUD master plan is to serve as the legislatively approved plan encompassing all major aspects of site development and public benefits. Where certain elements of site design are unknown, it is sufficient to reflect intent as provided in this section. The PUD master plan must include the following:an accurate topographic and boundary line map of the project area; a location map that shows the relationship of the project area to surrounding properties; the pattern and intended design standards of existing and proposed roads, driveways, parking facilities, and bicycle and pedestrian paths, whether public or private; the use, type, size, arrangement, and location of existing and proposed lots, structures, and building groups; a general plan for landscaping that demonstrates design intent and how environmental requirements will be met; architectural drawings and sketches that illustrate the design and character of proposed structures; the general location of existing and proposed sewer and water facilities; the existing topography and storm drainage pattern; the proposed storm drainage system, showing basic topographic changes; the location of recreational and open-space areas and areas reserved or dedicated for public uses, such as school and park sites, and any open space to be owned and maintained by a property owners’ association; statistical data on:the total size of the project area; density computations; the proposed number of residential units, by type; and any other similar factors pertinent to a comprehensive evaluation of the proposed planned unit development; a detailed time schedule for the start and completion of the planned unit development, including a proposed phasing schedule, which must indicate when the public benefits and amenities will be constructed; and a schedule setting forth any proposed exceptions to district regulations, citing by section number each regulation from which an exception is sought. Before a public hearing is scheduled, the proposed PUD master plan must be forwarded to the appropriate City agencies, as determined by the Director of Planning, for review. These agencies must review the proposed PUD master plan and forward their reports to the Planning Commission within 30 days of receipt of the plan. The Planning Commission must schedule a public hearing on the proposed PUD master plan within 60 days of receipt of a complete application. If, in the Planning Commission’s judgment, the application does not contain sufficient information to enable it to properly discharge its responsibilities, the Planning Commission may request additional information from the applicant and the 60 day period is suspended or the hearing continued. The Planning Commission may recommend approval, recommend approval with conditions, or advise the applicant in writing of any recommended changes, additions, or corrections to the proposed PUD master plan. If the Planning Commission recommends changes, additions, or corrections, the applicant may, within 30 days of the recommendation, submit a revised proposed PUD master plan for Planning Commission consideration, without paying an additional filing fee. The Planning Commission may grant the applicant additional time to prepare the revised plan. Once resubmitted, the Planning Commission may then recommend approval, approval with conditions, or denial of the proposed PUD master plan. The Planning Commission’s final determination regarding a proposed PUD master plan must be:included in the Planning Commission’s report to the Mayor and City Council under § 5-506 of this Code if the planned unit development is the subject of a proposed legislative authorization that has already been introduced under <cite data-path="|32|§13-301|(c)">§ 13-301(c) of this title</cite>; or retained by the Planning Commission for at least 12 months from the date the Planning Commission makes a final determination and included in the Planning Commission’s report under § 5-506 of this Code if, within that 12-month period, the planned unit development becomes the subject of a legislative authorization. Ord. 16-581

The purpose of the final development plan is to provide, after enactment of the ordinance approving the planned unit development and its PUD master plan, additional detailed information on all aspects of site development and public benefits once construction is imminent. Whereas the PUD master plan may reflect design intent, the final development plan must reflect actual and final proposed conditions. The Planning Commission may not approve the final development plan, as provided in this section, unless the final development plan substantially complies with the PUD master plan. Within 2 years after enactment of the ordinance approving or amending the planned unit development and its PUD master plan, the applicant must file a final development plan with the Director of Planning, together with the applicable filing fee. If the PUD master plan was approved to be constructed in phases, the applicant must submit the final development plan for the first phase within 2 years of the approval of the PUD master plan. Final development plans for subsequent phases may be submitted according to the phasing schedule approved as part of the PUD master plan. The final development plan must include the following, in final form:the plan components required by <cite data-path="|32|§13-304|(b)">§ 13-304(b) {“PUD master plan: Plan components”} of this subtitle</cite>, updated as required to reflect actual and final proposed conditions; the final location, type, and size of proposed landscaping features; and final architectural drawings and sketches that illustrate the design and character of proposed structures. The Director of Planning must review the final development plan within 60 days of its receipt and take actions described in this subsection. The Director of Planning may recommend approval of the final development plan to the Planning Commission if it is in substantial compliance with the PUD master plan and all City regulations. The Director of Planning will certify to the Planning Commission that the final plan is in substantial conformance with the PUD master plan and City regulations. Within 60 days of receipt of the Director of Planning’s recommendation, the Planning Commission must review the final development plan and approve or deny it at a public meeting. If the Director of Planning finds that the final development plan is substantially changed from the PUD master plan, or is otherwise not in accordance with City regulations, then the Director of Planning may recommend to the Planning Commission that the final development plan be denied. If the Planning Commission finds that the final development plan is not in conformity with the PUD master plan or City regulations, the Director of Planning must inform the applicant of the specific areas found not to be in compliance, and the applicant may resubmit the final development plan to the Director of Planning with changes to those areas found not to be in compliance. Once resubmitted and the Director of Planning has determined the final development plan to be in substantial compliance with the PUD master plan and City regulations, the Director of Planning must certify to the Planning Commission that the final development plan is in substantial conformance with the PUD master plan and City regulations. Within 60 days of receipt of the Director of Planning’s recommendation, the Planning Commission must review the final development plan and approve or deny it at a public meeting. Before final approval of the final development plan, the Planning Commission may approve minor changes to the final development plan that do not conflict with the PUD master plan and City regulations. The minor changes that may be approved by the Planning Commission are limited to those that qualify as minor variances under § 5-302(b) {“Minor and major Variances: Minor variances”} of this Code. After the approval of a final development plan by the Planning Commission, the use of the land and the construction, modification, or alteration of any structures within the planned unit development are governed by the approved final development plan rather than by the provisions of this Code. Ord. 16-581

During construction only, minor changes required by engineering or other physical site circumstances not foreseen at the time that the final development plan was approved, but encountered during construction on site, may be authorized by the Director of Planning. However, the Director of Planning may not approve any change:that fails to substantially comply with the PUD master plan or City regulations; or that violates:the underlying zoning; an approved exception; a condition of approval attached to the planned unit development; or a provision of the ordinance that approved or amended the planned unit development. The Director of Planning may not approve any engineering correction for a site that has not had building permits issued. A revised final development plan showing all changes proposed under this section must be submitted to the Director of Planning, with these changes indicated by marked-up or red-lined exhibit of plans. The revised final development plan proposed under this section must be reviewed and approved or denied by the Director of Planning within 15 days. A new final development plan, reflecting the changes approved under this section, must be filed with the Department of Planning, noting the date of the changes. Ord. 16-581

The Planning Commission may approve a change to the approved final development plan that is not a major change governed by <cite data-path="|32|§13-403">§ 13-403 {“Major changes”} of this subtitle</cite>. However, the Planning Commission may not approve any change:that fails to substantially comply with the PUD master plan or City regulations; or that violates:the underlying zoning; an approved exception; a condition of approval attached to the planned unit development, with the exception of modifications to the planned unit development’s phasing schedule; or a provision of the ordinance that approved or amended the planned unit development. A revised final development plan showing all changes proposed under this section must be submitted to the Director of Planning, with these changes indicated by marked-up or red-lined exhibit of the plans. The Director of Planning must forward the revisions to the Planning Commission. The Planning Commission must review the revised final development plan and approve, approve with conditions, or deny it within 30 days of its submittal. A new final development plan, reflecting the changes approved under this section, must be filed with the Department of Planning, noting the date of the changes. Ord. 16-581

This section applies to the following major changes:a 10% increase or 25% decrease in the approved number of dwelling units; a 10% increase or a 25% decrease in the maximum building heights in the approved planned unit development; a change in the type, location, or arrangement of land use within the development, as shown on the previously approved final development plan; a change in the boundaries of the planned unit development; a decrease in open space that had been included as a public benefit or amenity under <cite data-path="|32|§13-204">§ 13-204 {“Exceptions from district regulations”} of this title</cite>; and any change:that fails to substantially comply with the PUD master plan or City regulations; or that violates:the underlying zoning; an approved exception; a condition of approval attached to the planned unit development, with the exception of modifications to the planned unit development’s phasing schedule; or a provision of the ordinance that approved or amended the planned unit development. A major change requires introduction and enactment of an ordinance to approve an amendment to the planned unit development and PUD master plan. Ord. 16-581 Ord. 19-252

The ordinance and approved final development plan constitute a binding agreement by the property owner and the developer to proceed with the development in strict accordance with the approved final development plan, including the detailed time schedule. Ord. 16-581 Ord. 17-015

An approved planned unit development and final development plan automatically expire 2 years after the date of approval if:a building permit has not been issued; or the installation of required infrastructure has not begun. The Planning Commission may extend the time for expiration of an approved planned unit development and final development plan on:a written request for extension that is submitted before the expiration; and for good cause shown. The Planning Commission must conduct a public hearing to determine whether to terminate or extend the approval. In making its determination, the Planning Commission must take into account:hardship to the applicant; changes in surrounding circumstances that have occurred since the original approval; the schedule for providing required public benefits and amenities; and the likelihood that substantial construction will occur during any period of extension. Ord. 16-581

Failure to comply with the requirements set by or under authority of this title is cause for canceling the planned unit development and final development plan. The Zoning Administrator must provide the property owner and the developer at least 15 days notice to appear before the Zoning Administrator and answer to any charge of noncompliance. If the Zoning Administrator finds the charges to be substantiated and if the situation is not satisfactorily adjusted within a specified period set by the Zoning Administrator, the Zoning Administrator may:order cancellation of the planned unit development and final development plan; and take any other action that is appropriate. Ord. 16-581 Ord. 17-015

The purpose of this Title is to set forth additional requirements for certain permitted and conditional uses found within the district use tables. These standards are intended to ensure that a use is compatible with the surrounding area. Ord. 16-581

No structure or land may be used or occupied except in conformity with the regulations for the zoning district in which it is located. No structure may be erected, reconstructed, extended, enlarged, altered, or moved except in conformity with the regulations of the zoning district in which it is located. Ord. 16-581

In addition to the use standards of Subtitle 3 of this title, all uses are required to comply with all provisions of this Code, including Title 15 {“Site Development Standards”}, Title 16 {“Off-Street Parking and Loading”}, and Title 17 {“Signs”}, and all other City regulations. Ord. 16-581

The establishment, location, construction, maintenance, and operation of an adult use may not be detrimental to or endanger the public health, safety, or welfare. When reviewing a proposed adult use, the following must be considered:the adverse secondary effects of the proposed use on the community; and in addition to determining compliance with subsection (c) of this section, the distance between the proposed use and existing adult uses in the area, to determine if a negative impact on the community will result. Any new adult use must be at least 300 feet distant from any existing adult use, residential district, educational facility, and place of worship. The following signs are prohibited for adult uses:neon lights that depict any adult entertainment; posters, photographs, sketches, painted or laminated signs, or similar materials that are displayed on the exterior of the building or in windows and that obscenely depict or illustrate adult entertainment; and freestanding signs that are on or adjacent to the premises. Ord. 16-581 Ord. 18-216

For an after-hours establishment, the Zoning Board must consider imposing conditions, as appropriate, concerning:days and hours of operation; use of amplification, noise levels, and need for noise proofing; limits on the size of the establishment or on the size, location, or configuration of any entertainment or dancing venue within the establishment; number of live entertainers; whether to place limits on the type of entertainment use; exterior lighting; and the establishment and maintenance of:a traffic and parking management plan; and an indoor and outdoor security plan. The board must find, and require as a condition of approval, that the establishment cannot be entered from a tavern. Ord. 17-056

A banquet hall may not be used by a third-party entity for banquets, meetings, parties, or other events that were planned, organized, prepared for, executed, or promoted by the third-party entity if the third-party entity has no related business or organizational purpose other than the planning, organization, preparation for, execution, or promotion of banquets, meetings, parties, or other events, and whether or not the third-party entity reserved the establishment. Ord. 16-581

For boat manufacturing, repair, and sales, the site must have equipment capable of repairing, hauling, and launching vessels with a gross weight of 25 tons or more. The following activities are prohibited:the sale of new boats, other than those assembled or manufactured on site; and the leasing of dry dock or marina storage for individual boat owners. Ord. 16-581

The site of a car wash, other than a hand car wash, must be at least 10,000 square feet. For a hand car wash, there is no minimum lot area. The site of the use must be paved to drain away from adjacent properties. Lighting provided for the site must be directed away from adjacent properties. Ord. 16-581

“Commercial composting facility” means a facility in the business of collecting, storing, or processing organic materials, bulking agents, or additives for composting. The facility must work with the Maryland Department of the Environment to ensure its compliance with all State regulations and to obtain all applicable State permits. The facility must be operated and maintained in a manner that protects adjacent properties from nuisance odors and the attraction of rodents or other pests. Ord. 16-581

For a community-based alternative energy system, properties may share a solar, wind, or geothermal alternative energy system, including permission to install equipment along all properties. This community-based renewable energy system is only allowed if agreed to by the owners of each lot, and the agreement is recorded as a “community-based renewable energy easement” on each survey plat, including provisions for all property owners to access all equipment to maintain the system. The easement must be submitted to the City. Alternatively, a community-based alternative energy system may be constructed on a lot managed and owned by a homeowners’ association. A management plan must be submitted to the City. Easements, agreements, and management plans submitted to the City under this section are for informational purposes. The City does not enforce these easements, agreements, or management plans. Community-based alternative energy systems are subject to the standards for the type of individual renewable energy system. Ground-mounted systems must meet the yard requirements of the applicable district. Height restrictions and screening requirements must meet the standards of:§ 15-517 {“Alternative energy systems: Solar”} of this Code for solar alternative energy systems; and § 15-518 {“Alternative energy systems: Wind”} of this Code for wind alternative energy systems. Ord. 16-581

For any community-managed open-space garden or farm use that involves the cultivation of plants for human consumption, measures must be taken to test and, if necessary, remediate the soil in accordance with guidelines adopted by the Department of Planning. Except as provided in this subsection, permanent structures are prohibited. Temporary greenhouses are permitted to extend the growing season. Accessory structures, such as sheds, gazebos, and pergolas, are also permitted. On a community-managed open-space farm, temporary farmstands for the display and sale of agricultural products grown at the site are permitted. These farmstands must be removed from the premises or stored inside a structure on the premises during that time of the year when the open space is not open for public use. Only 1 farmstand is permitted per lot. Composting on-site of a community-managed open-space farm is allowed as an accessory use, subject to the following conditions:any compost pile must be located at least 3 feet away from any lot line; composting areas and structures must be maintained in a way that protects adjacent properties from nuisance odors and the attraction of rodents or other pests; and organic waste material for composting may be accepted from outside sources and either used on site or distributed at no cost, but may not be sold. The keeping of livestock and animals must adhere to all applicable regulations of the Baltimore City Health Department and the Maryland Department of Agriculture. Ord. 16-581 Ord. 17-015

Cultural facilities must be designed so that the location of entrances and exits, exterior lighting, service areas, and parking and loading facilities will minimize traffic congestion, pedestrian hazards, and adverse impacts on adjacent properties. Ord. 16-581

Adult and child day-care centers must meet all federal, state, and local requirements, including licensing, health, safety, and <cite data-path="|building-codes|II">building code</cite> requirements. In addition, each day-care center must meet the following conditions:adequate on-site drop-off zones, sidewalks, and exterior lighting must be provided, except that drop-off zones are not required in the C-5 and PC Districts; the amount of traffic or noise to be generated may not be excessive; and open-space and recreational areas must be provided in accordance with State requirements. Ord. 16-581 Ord. 17-015 Ord. 18-216

Adult and child day-care homes must meet all federal, state, and local requirements, including licensing, health, safety, and <cite data-path="|building-codes|II">building code</cite> requirements. In addition, each day-care home must meet the following conditions:open-space and recreational areas must be provided in accordance with state requirements; the day-care home must retain a residential character and may not adversely affect the residential character of the neighborhood; and the operation of the day-care home may not adversely impact surrounding properties. Ord. 16-581 Ord. 17-015 Ord. 18-216

A drive-through facility is considered a separate use, rather than accessory to a principal use, and is subject to the following standards. Only the following uses are eligible for a drive-through facility:restaurants, including carry-out food shops; financial institutions; and retail goods establishments – no alcoholic beverage sales. All drive-through facilities must provide adequate stacking spaces, in accordance with Title 16 {“Off-Street Parking and Loading”} of this Code. Service windows, A-frame signs, and queuing areas are prohibited along the front facade of any building. All drive-through lanes must be located and designed to ensure that they will not adversely affect the safety and efficiency of traffic circulation on adjacent streets. A drive-through facility on an interior lot is limited to 2 curb cuts. A drive-through facility on a corner lot is limited to 1 curb cut along each street frontage. No exterior lighting may be used that will produce a glare into or upon the surrounding area or any residential premises. All drive-through facilities must be screened from public view in accordance with the requirements of the Baltimore City Landscape Manual. Drive aisles must be separated from landscaped areas by curbs. The volume on all intercom -menu displays must be maintained at a level so as not to be audible on adjacent residential properties. The volume on all intercom-menu displays must comply with all local noise regulations. The operator of a drive-through facility must provide:adequate on-site outdoor waste receptacles; and daily litter clean-up of the facility. Ord. 16-581 Ord. 17-015 Ord. 18-216

Entertainment and recreation facilities must be designed so that the location of entrances and exits, exterior lighting, noise levels, service areas, and parking and loading facilities will minimize traffic congestion, pedestrian hazards, and adverse impacts on adjacent properties. Ord. 16-581

“Farmers’ market” defined. In this section, “farmers’ market” means a market in a fixed location at which 3 or more vendors offer for sale to the public:fresh fruits, vegetables, juices, flowers, plants, herbs, or spices that have been produced or grown by the vendor or consigned to the vendor by their producer or grower; baked goods, meats, dairy goods, or prepared foods that have been made by the vendor or consigned to the vendor by their maker; or arts and crafts that have been made by the vendor or consigned to the vendor by their maker. Farmers’ markets are allowed in any zoning district on a lot or contiguous lots at least 3,500 square feet. For an initial application, the market’s manager shall submit a site plan that shows the location of the market, the layout of the market, and all parking, including all proposed ingresses and egresses Sales of arts and crafts may not occupy more the 25% of the overall sales area of the market. Ord. 22-181

A fraternity or sorority house must be located within 1,000 feet of the Educational Campus District in which is located the college or university with which the fraternity’s or sorority’s local chapter is affiliated. No fraternity or sorority house is permitted in any residential district, unless the house:was established prior to enactment of the Baltimore City Zoning Code of 1971 and has maintained uninterrupted use and occupancy since then; or since that 1971 enactment, has obtained a use permit as a fraternity or sorority house. On or before June 5, 2019, all fraternity or sorority houses must either secure a use permit or terminate the fraternity or sorority use. The number of individuals residing in a fraternity or sorority house may not exceed that allowed under the <cite data-path="|building-codes">City Building, Fire, and Related Codes Article</cite>. For purposes of zoning enforcement, a structure that houses college and university undergraduates may be presumed to be a fraternity or sorority house if:the house is affiliated with a local chapter of a fraternal or sororal organization; and that affiliation is acknowledged by the college or university. Ord. 16-581 Ord. 17-015

A fuel station that abuts a residential district may not have more than 8 fuel pumps. Fuel station canopies must be designed with luminaires recessed under the canopy to minimize light pollution. Light intensity directly under the canopy may not exceed 10 footcandles at any location. All lighting mounted under the canopy, including auxiliary lighting within signage and panels over the pumps, are included in the 10-footcandle limit. All fuel station drive lanes must be designed and located to ensure that they will not adversely affect the safety and efficiency of traffic circulation on adjacent streets. The sale of alcoholic beverages is prohibited. A fuel station may also include a free-standing self-service car wash with 1 bay. Fuel stations are not subject to the front yard requirements of the zoning district. However:a landscaped front yard of at least 5 feet must be provided; and if a fuel station adjoins a residential district, buffer yard landscaping is required in accordance with the Baltimore City Landscape Manual. Signs must comply with:Title 17 {“Signs”} of this Code; and all state and federal regulations for fuel station signs. Ord. 16-581 Ord. 18-216 Ord. 22-181

General industrial uses are allowed in the MI District only if the use includes a deepwater component that requires waterside access to and from the property by vessels or barges in maritime trade. This deep water component may include other users whose core business has a maritime-related component. General industrial uses in the MI District must maintain, regardless of frequency or nature of use:the working condition of the piers, berths, bulkheads, and other existing maritime infrastructure under their control; and the water depth and condition of the deepwater channels throughout the associated riparian area. Ord. 16-581

A junk or scrap storage and yard must comply with all federal, state, and local environmental laws, rules, and regulations, including those involving the management of stormwater run-off and the development and maintenance of a pollution prevention plan. A junk or scrap storage and yard must be located, conformed, drained, and managed so that it will not constitute a source of water pollution. A pollution prevention plan approved by the City and the Maryland Department of the Environment is required. The plan must comply with all federal, state, and local environmental laws, rules, and regulations. A junk or scrap storage and yard must be screened from public view in accordance with the requirements of the Baltimore City Landscape Manual. Ord. 16-581 Ord. 17-015

This section applies to all kennels and animal clinics. All animal quarters and runs are to be kept in a clean, dry, and sanitary condition. Exterior enclosures and runs must provide protection against weather extremes. Floors of runs must be made of impervious material to permit proper cleaning and disinfecting. Exercise areas and runs must be fenced. This fencing must be:of a sufficient height to prevent escape; and buried during installation to prevent escape by digging beneath the fence posts. Noise must be mitigated so as not to create a public nuisance for adjacent properties and must comply with all local noise regulations. This excludes typical noise from exercise or training while outdoors during daytime hours of operation. Ord. 16-581

An industrial landfill must:be a part of the City’s Solid Waste Plan; comply with all applicable federal, state, and local environmental, health, and other laws, rules, and regulations; and obtain a state reuse disposal permit and all other applicable state and local permits. An industrial landfill may not accept:residential solid waste; municipal solid waste; or rubble or land-clearing debris. Materials must be deposited in layers, covered with suitable cover material to a depth and at a frequency sufficient to control disease, vectors, and odors and in a manner that protects the environment. An industrial landfill must be located, conformed, drained, and managed so that it will not constitute a source of water pollution. An industrial landfill must be screened from public view in accordance with the requirements of the Baltimore City Landscape Manual. Ord. 16-581 Ord. 17-015

An application for conditional-use authorization to provide live entertainment or dancing must include:a description of the type of live entertainment or dancing to be provided; a floor plan that describes, in sufficient detail:the establishment generally; the live entertainment or dancing venue within the establishment; if dancing is to be provided, the location and dimensions of the dance floor; and the maximum authorized occupant load, as approved by the Fire Department, for:all configurations of the establishment, generally; and the live entertainment or dancing venue, specifically. In approving a conditional use for live entertainment or dancing, the Board of Municipal and Zoning Appeals or the Mayor and City Council, as the case may be, may:limit the types of live entertainment or dancing to which the use is allowed; and impose conditions, as appropriate, concerning:days and hours of operation for:the establishment’s operations generally; and the live entertainment or dancing to be provided; use of amplification, noise levels, and need for soundproofing; limits on the size of the establishment or on the size, location, or configuration of the live entertainment or dancing venue within the establishment; number of live entertainers; number of seats proposed for outdoor dining; exterior lighting; whether to limit the use to live entertainment only or dancing only; public need and desire for the establishment; number and location of other, similar establishments in the area and potential effect of the new use on those establishments; proximity of residential dwellings, educational facilities, places of worship, or parks or playgrounds to the establishment; maximum authorized occupant loads of the establishment and of the live entertainment or dancing venue within the establishment; volume and types of vehicular and pedestrian traffic in the area of the establishment; and the establishment and maintenance of:a traffic management plan; a parking management plan; an indoor and outdoor security plan; and a sanitation plan. Ord. 16-581 Ord. 18-167

Lodges and social clubs must be designed so that the location of entrances and exits, exterior lighting, service areas, and parking and loading facilities will minimize traffic congestion, pedestrian hazards, and adverse impacts on adjacent properties. Lodges and social clubs are permitted to serve meals or alcoholic beverages on the premises for members and their guests only. No more than 50% of the gross floor area may be used as office space for the lodge or social club. Sleeping facilities are prohibited. Ord. 16-581

The establishment, location, construction, maintenance, and operation of a lounge may not be detrimental to or endanger the public health, safety, or welfare. The lounge must be designed so that the location of entrances and exits, exterior lighting, noise levels, service areas, and parking and loading facilities will minimize traffic congestion, pedestrian hazards, and adverse impacts on adjacent properties. Ord. 17-056

All marinas and industrial boat repair facilities must comply with the rules and guidelines set forth in the Baltimore Maritime Master Plan, as adopted by the Planning Commission and amended from time to time, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>. A marina or industrial boat repair facility may not unduly impede access to open water by other marinas, industrial boat repair facilities, commercial operations, or boat launches. The marina or industrial boat repair facility must meet all federal, state, and local requirements for the construction, operation, and maintenance of a marina or a industrial boat repair facility. Ord. 16-581 Text Conformed 02/28/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed subsection (a) to refer expressly to and reflect the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

A materials recovery facility must:comply with all applicable state and local laws, rules, and regulations; and obtain all applicable state and local permits. All loading and unloading must be performed either within an enclosed structure or otherwise screened from public view in accordance with the requirements of the Baltimore City Landscape Manual. All other operations must be performed within an enclosed building. The operator of a materials recovery facility may not purchase materials on-site from the public. Ord. 16-581 Ord. 17-015

Motor vehicle or recreational vehicle dealerships or rental establishments must have a lot size of at least 20,000 square feet, except in a PC Subdistrict. The minimum lot size requirement of paragraph (1) of this subsection applies only to a standalone dealership or rental establishment and, as such, does not apply to a dealership or rental establishment that is part of a shared- or multi-use property. Any service and repair facilities must also comply with the standards §14-326 {“Motor vehicle service and repair”} of this subtitle. A 6-foot high solid fence is required along any portion of a dealership or rental establishment that is visible from the ground level of a residential zoning district. Ord. 16-581 Ord. 17-015 Ord. 18-171

Major motor vehicle service and repair shops must have a lot size of at least 20,000 square feet, except in a PC Subdistrict. Minor motor vehicle service and repair shops must have a lot size of at least 10,000 square feet, except in a PC Subdistrict. Motor vehicle service and repair shops may not store the same vehicles outdoors on the site for longer than 30 days. All curb cuts must be located and designed to ensure that they will not adversely affect the safety and efficiency of traffic circulation on adjacent streets. All repair operations must be fully enclosed. Wrecked or junked vehicles must be kept within an enclosed structure or otherwise screened from public view in accordance with the requirements of the Baltimore City Landscape Manual. Only motor vehicles may be stored outdoors. Their storage must comply with the requirements of § 15-510 {“Outdoor storage”} of this Code. Ord. 16-581 Ord. 17-015: Ord. 18-171

A multi-family dwelling containing 50 or more dwelling units in the R-8, R-9, R-10, and OR-2 Districts may contain the following non-residential uses:Offices. Personal service establishments. Retail goods establishments – no alcoholic beverage sales. Restaurants. These uses must be conducted entirely inside the building. The aggregate area of these uses may not exceed the following:in the R-8 and R-9 Districts, 5% of the gross floor area of the building; and in the R-10 and OR-2 Districts, the greater of:10% of the gross floor area of the building; or if all these uses are located exclusively on the ground floor of the building, the floor area of the entire ground floor. Signs must comply with Title 17 {“Signs”} of this Code. Ord. 16-581 Ord. 17-015 Ord. 18-216

Because neighborhood commercial establishment uses apply only to certain already-existing buildings, those uses are not subject to the minimum lot area required for non-residential uses in Residential or Office-Residential Zoning Districts. A neighborhood commercial establishment may contain any one or more of the following non-residential uses in any part or all of the building:Art galleries – no live entertainment or dancing. Arts studios. Day care centers: adult or child. Offices. Personal services establishments. Restaurants – no live entertainment or dancing. Retail goods establishments – no alcoholic beverage sales. The development and the proposed use must be pedestrian-oriented and not oriented to the automobile. The principal entrance must be a direct entry from the primary adjoining street. Drive-through facilities are prohibited. All business, servicing, processing, display, and storage uses must be located within the building, unless the Zoning Board expressly authorizes, as a conditional use, one or more of these uses to be located, in part or in whole, outside the building. The Zoning Board may authorize, as a conditional use, the expansion of a neighborhood commercial establishment into a newly constructed addition to the principal building, on the same original property. Signs must comply with Title 17 {“Signs”} of this Code. The sale of a tobacco product, as defined by State Health-General Article, § 13-1001(u) {“Definitions: Tobacco product”}, is prohibited in neighborhood commercial establishments. Where the right-of-way is 10 feet or greater, outdoor dining may:be on the street side of the property; be on the interior of the property; and be in the rear yard of the property. No deck used for outdoor dining shall be constructed in the 10 foot right-of-way described under this section. Ord. 16-581 Ord. 18-171 Ord. 18-216 Ord. 20-360 Ord. 20-370 Ord. 22-181

Outdoor dining is considered an accessory use to a principal use and may be located on either the property for which the permit is approved or extend into the public rights of way immediately adjoining the building frontage or street corner side of the property. Outdoor dining on the property for which the permit is approved in a C-1, C-1-E, C-1-VC, or C-2 zoning district requires approval as a conditional use by the Board of Municipal and Zoning Appeals:where it adjoins a residential zoning district on the side in which the outdoor dining is proposed; and where it is separated from the residential district by an alley or street of less than 20 feet in width on the side in which the outdoor dining is proposed, or if no alley or street is present. Rooftop dining is allowed in all non-residential zoning districts. Rooftop dining is a permitted use in all non residential zoning districts, except in the C-1, C-1-E, C-1-VC, or C-2 zoning districts. Rooftop dining in a C-1, C-1-E, C-1-VC, or C-2 zoning district requires approval as a conditional use by the Board of Municipal and Zoning Appeals. Paragraphs (1) and (2) of this subsection are subject to the requirements set forth in this section, as applicable. Outdoor dining may not interfere with the pedestrian access, parking, and safe vehicle maneuverability. All outdoor dining areas must maintain a 5-foot sidewalk clearance at all times. If reallocating parking spaces for an outdoor dining area, then the following apply:If off street parking spaces are being reallocated and result in the loss of required parking, then a parking variance must be obtained from the Board of Municipal and Zoning Appeals. If on-street parking spaces are being reallocated, then the applicant must follow the process and guidelines set forth by the Department of Transportation. Any outdoor dining located in the public right-of-way requires a minor privilege permit. Outdoor dining in a non-residential zoning district may not be located in any required yard or rooftop that adjoins a residential zoning district, unless an alley or a street of at least 20 feet in width on the side in which the outdoor dining is proposed is located between the use and the residential district. If no yard is required or if no alley or street is present, as outlined in paragraph (1) of this subsection the use must maintain at least a 30-foot distance from the property line of any adjacent non-mixed use residential property. An outdoor dining area located on a public sidewalk adjoining the building street frontage seeking the use should be as compact as possible against the building wall to allow for easy connectivity to the sidewalk on the remainder of the block. All applications for the outdoor dining use conditional use must include a site plan that shows:the size and location of the proposed outdoor dining; any required pedestrian access; any required clearances, and; the location of all reallocated parking spaces. Ord. 16-581 Ord. 22-181

In this section, “outdoor storage area” means any:outdoor storage yard; or contractor storage yard. All outdoor storage areas must be screened in accordance with § 15-510 {“Outdoor storage”} of this Code. Whenever possible, the storage area must be located to the rear of the lot. Outdoor storage areas must be surfaced and graded to drain all surface water. Outdoor storage areas may be surfaced with partially permeable materials, if adequate drainage and erosion and dust control are provided. Any lighting used to illuminate an outdoor storage area must be directed and shielded as to not illuminate any adjacent lots. All exterior lighting must comply with the requirements of § 15-505 {“Exterior Lighting”} of this Code. Ord. 16-581

Parking garages in the C-1, C-1-E, C-1-VC, C-2, C-3, C-5, and TOD Districts must include active ground-floor uses, whether residential or non-residential uses, along at least 25% of the ground floor when adjoining a street, other than an alley. In all other districts, if a parking garage does not include active ground floor uses along at least 50% of the ground floor, the ground floor must be screened from public view in accordance with the requirements of the Baltimore City Landscape Manual. A parking lot may be used solely for the parking of motor vehicles and may not be used as an off-street loading area. No motor vehicle repair or service of any kind may be conducted in any parking lot. Signs must comply with Title 17 {“Signs”} of this Code. No buildings other than those for shelter of attendants may be erected in a parking lot. The allowable shelters may not exceed 10 feet in height or 200 square feet in area. The parking lot must be screened from public view in accordance with the requirements of the Baltimore City Landscape Manual. The parking lot must be kept free from refuse and debris. Ord. 16-581 Ord. 17-015 Ord. 18-216 Ord. 22-181

Places of worship must be designed so that the location of entrances and exits, exterior lighting, service areas, and parking and loading facilities will minimize traffic congestion, pedestrian hazards, and adverse impacts on adjacent properties. Ord. 16-581

A recyclable materials recovery facility must:comply with all applicable state and local laws, rules, and regulations; and obtain all applicable state and local permits. All loading and unloading must be performed either within an enclosed building or within an area screened from public view in accordance with the requirements of the Baltimore City Landscape Manual. All other operations must be enclosed within an enclosed building. Ord. 16-581 Ord. 17-015

All processing, fabrication, assembly, treatment, and packaging of products must be contained indoors entirely within a research and development facility. Noise, odor, smoke, heat, glare, and vibration resulting from the manufacturing process must be confined to a research and development facility or otherwise minimized. Only minimal truck traffic required for the daily operations of a research and development facility is permitted. In the C-2 zoning district a minimum parcel size of at least 1 acre is required.

A residential-care facility may locate where single-family dwellings are allowed under this Code as permitted or conditional uses, if the facility:is located in a single-family dwelling (whether detached, semi-detached, or attached); complies with § 1-305(u) {“Definitions: Dwelling unit”} and § 1-306(g) {“Definitions: Family”} of this Code; and meets the general requirements, the bulk and yard regulations, and all other requirements of this Code applicable to dwellings in the zoning district within which the facility is located. A residential-care facility may locate where multi-family dwellings are allowed as permitted or conditional uses under this Code , if the facility:complies with § 1-305(p) {“Definitions: Dwelling: Multi-family”}, § 1-305(u) {“Definitions: Dwelling unit”}, and § 1-306(g) {“Definitions: Family”} of this Code; and meets the general requirements, the bulk and yard regulations, and all other requirements of this Code applicable to dwellings in the zoning district within which the facility is located. Ord. 16-581 Ord. 17-015

A resource recovery facility must:comply with all applicable state and local laws, rules, and regulations, including state restrictions on location; and obtain all applicable state and local permits. The facility must comply with all federal, state, and local environmental and health laws, rules, and regulations. Material must be stored indoors or in appropriate waste containers. Ord. 16-581

Before approving a conditional use application for a proposed Retail: Big box establishment, a finding must be made that the proposed use will not have an undue adverse economic impact on the community. This finding must be based on data provided by an economic and fiscal impact study conducted by a qualified analyst selected by the City and must be paid by a fee assessed to the applicant. Ord. 16-581

Any new Retail: Small Box Establishment shall be at least 2,640 feet from any existing Retail: Small Box Establishment.

A retail goods establishment with alcoholic beverage sales must have a Class A or Class A-2 License from the Baltimore City Board of Liquor License Commissioners. The establishment may not be detrimental to or endanger the public health, safety, and welfare. Except as otherwise provided in this subsection, a retail goods establishment with alcoholic beverage sales must be located at least 300 feet from any other existing retail goods establishment with alcoholic beverage sales. This spacing requirement does not apply in the C-5, C-1-E, and PC Districts. The Board of Municipal and Zoning Appeals may waive this spacing standard during the conditional use process if the applicant can show that there will be no negative impact to public health, safety, and welfare. Ord. 16-581

A smoke shop may not be located: within 750 feet of any school, recreation center, or park; or within 750 feet from another smoke shop. Ord. 16-581

A tavern must have the appropriate license from the Baltimore City Board of Liquor License Commissioners. Taverns may sell alcoholic beverages for off-premises consumption only if:annually, the average daily receipts from the sale of alcoholic beverages for on-premises consumption exceeds 50% of the establishment’s total average daily receipts, not including sales of novelty items, income from vending machines, cover charges, or other receipts not derived from the sale of food or beverages; and more than 50% of the establishment’s public floor space is devoted to on-premises consumption. Taverns must keep accurate records of all sales of alcoholic beverages so that a determination can be made of what proportion of those sales are in sealed packages or containers for off-premise consumption. These records must be maintained and made available for inspection to confirm compliance. Ord. 16-581 Ord. 17-015 Ord. 18-216

In this section, the following terms have the meanings indicated. “Base station” means the transmission equipment and non-tower supporting structure at a fixed location that enables wireless communications services between user equipment and a communications network. “Base station” does not include a satellite dish antenna, as defined in § 1-313(d) {“Satellite dish antenna”} of this Code. “Collocate” means to mount or install transmission equipment on telecommunication facilities for the purpose of transmitting or receiving radio frequency signals for communications purposes. “Distributed antenna system” or “DAS” means a network of multiple, spatially separate antenna nodes connected, for the purpose of providing wireless communication services within a geographic area. “Eligible facilities request” means any request for modification of an existing tower or base station that:involves:the collocation of new transmission equipment; the removal of transmission equipment; or the replacement of transmission equipment; and does not:substantially change physical dimensions; or include the replacement of a tower. “Node” means a component of a DAS or small cell installation that:includes one or more radio frequency transmitters or antennae; and is connected by a high capacity transport medium (such as a fiber optic cable) to a common source with other nodes. “Small cell installation” means a wireless communication technology installation similar to a DAS, but normally including a single node. “Substantially change ... physical dimensions”, when used with reference to a tower or base station, means:for a tower:an increase in the tower’s height by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; or the creation of an appurtenance that protrudes from the edge of the tower more than 20 feet or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for a base station:an increase in the base station’s height by more than 10% or 10 feet, whichever is greater; or the creation of an appurtenance that protrudes from the edge of the base station by more than 6 feet; an installation of more than the standard number of new equipment cabinets for the technology involved or, in any event, more than 4 cabinets; a modification that entails an excavation or deployment outside the current site of the tower or base station; a modification that would defeat the existing concealment elements of the tower or base station; and a modification that does not comply with conditions associated with the prior approval of construction or modification of the tower or base station, unless the non-compliance is due to an increase in height, increase in width, additional cabinet installation, or new excavation that does not exceed the corresponding “substantial change” thresholds identified above. “Telecommunications facility” means any structure that falls within the definition of “base station” or “tower”. “Telecommunications facility” does not include a data center. “Tower” means any structure built for the sole or primary purpose of supporting a base station. “Tower” does not include a satellite dish antenna, as defined in § 1-313(d) {“Satellite dish antenna”} of this Code. “Transmission equipment” means any equipment that facilitates transmission for a wireless communication service. “Transmission equipment” includes radio transceivers, antennas, and other relevant equipment associated with and necessary to their operation, including coaxial or fiber-optic cable, and regular and backup power supply. “Transmission equipment” does not include a satellite dish antenna, as defined in § 1-313(d) {“Satellite dish antenna”} of this Code. “Wireless communications service” means a radiocommunication service licensed pursuant to Federal Communications Commission requirements for frequency bands in the 2305-2320 and 2345-2360 MHZ spectrum range. The most common use of this spectrum is mobile voice and data services, including cell phone, text messaging, and Internet. This section does not apply to towers or base stations located in a public right-of-way. The following standards for telecommunications facilities are intended to:ensure public health, safety, and welfare; ensure access to reliable wireless communications services throughout the City; encourage the location of antennas and towers on City-owned property; encourage the use of existing telecommunications facilities for wireless communications services; and encourage the location of towers, to the extent possible, in areas where the adverse impact on the City will be minimal and, preferably, in non-residential districts. A telecommunications facility is, in all districts, a conditional use requiring approval by the Board of Municipal and Zoning Appeals, except where, as provided in subsection (k) {“Stealth design”} or subsection (n) {“Modifications”} of this section, it is a permitted use subject to site plan review. In addition to the general requirements for conditional-use applications, site plan review submissions, eligible facilities requests, or other documentation, all applications to erect, construct, or modify any part of a telecommunications facility must include the following items:a site plan showing:the location, size, screening, and design of all structures, including fences; the location and size of all outdoor equipment; elevations showing antenna height; a landscape plan; and if the site plan is for a new tower, indication of the fall zone (shaded circle); a maintenance plan, and any applicable maintenance agreement, designed to ensure long-term, continuous maintenance to a reasonably prudent standard, including maintenance of landscaping, keeping the area free from debris and litter, and immediate removal of any graffiti; a description of what is proposed, demonstrating the need for the telecommunications facility to be located where proposed; the reason or purpose for the placement, construction, or modification, with specific reference to the provider’s coverage, capacity, and quality needs, goals, and objectives; the service area of the proposed telecommunications facility; if the proposal is for a new tower, a map showing existing telecommunications facilities within the City and within areas surrounding the borders of the City, together with a justification for why locating on those existing facilities is not feasible and the new tower needed where proposed; certification by a professional engineer of the manner in which the proposed structure will fall, which certification may be used, along with other criteria such as applicable regulations for the district in question, in determining if additional setback should be required for the structure and other facilities; and a visual simulation or rendering of the proposed telecommunications facility that illustrates the relationship between the height and the visual appearance of the telecommunications facility. The Zoning Administrator may require that the visual simulation be provided from 2 different perspectives and accurately depict the scale of the proposed telecommunications facility in the context of the surrounding area. Telecommunications facilities must be set back from all lot lines in accordance with the minimum setback requirements applicable to the district in question. DAS and small cell installation sites are not subject to setback requirements. The maximum height of a tower is the minimum needed to function satisfactorily with telecommunications facilities for at least 2 wireless communications service providers. The conditional-use application for approval of a tower must demonstrate the height needed for the tower. Telecommunications facilities may not be lit or marked unless required by the Federal Communications Commission, by the Federal Aviation Administration, or for the specific purpose of security, maintenance, or repair. Telecommunications facilities must comply with the landscaping regulations of the Baltimore City Landscape Manual. A base station may house only equipment and supplies for the direct operation of the telecommunications facility. Equipment and supplies not used in direct support of the operation may not be stored on the site. The facility may not be staffed. Signs are strictly prohibited unless required by FCC or other governmental regulation. A tower may be freestanding or supported and may be of either lattice or monopole construction. The ability for other wireless communications service providers to collocate on a tower is required. Towers must be designed to accommodate other wireless communications service providers. The area surrounding a tower must be of a sufficient size to accommodate the base stations of at least 2 wireless communications service providers. Unless otherwise required by the Federal Communications Commission, the Federal Aviation Administration, or the City, towers must have a galvanized silver or gray finish. Stealth designs for base stations are encouraged and are permitted uses in all commercial, industrial, and special purpose districts, subject to site plan review and the requirements of this section. An application for site plan review must include all information required by this section. To qualify as a permitted stealth design:the base station must be within an enclosed structure or otherwise screened from public view in accordance with the requirements of the Baltimore City Landscape Manual; its antennae must be mounted at least 40 feet above grade, except for small cell installations, which must be mounted at least 25 feet above grade or a minimum of 15 feet by conditional use, as measured from grade to the base of the antenna; the base station must be located on or in a structure already permitted within the zoning district, such as water towers, clock towers, streetlights, penthouses, parapet walls, and steeples, and designed to blend into the structure; and the base station may not increase the overall height of the structure on which it is mounted. Base stations that collocate on existing towers are considered stealth design. Any telecommunications facility that is not operated for 180 consecutive days is considered abandoned. The owner must remove the telecommunications facility and all aboveground equipment and related debris within 180 days of its abandonment. Ordinary maintenance may be performed on nonconforming telecommunications facilities. However, if a proposed alteration intensifies a nonconforming characteristic of the telecommunications facility, a variance is required. Collocation of a base station on an existing nonconforming tower is allowed as a conditional use requiring approval by the Board of Municipal and Zoning Appeals, as long as the addition of the base station does not intensify the nonconformity. Modifications of an existing tower or base station that does not substantially change the physical dimensions of the tower or base station are permitted if supported by an eligible facilities request. An applicant submitting an eligible facilities request must show that the modification does not substantially change the physical dimensions of the tower or base station. Within 60 days of filing an eligible facilities request, the request must be reviewed and approved if the modification qualifies under this subsection, Approval of an eligible facilities request:is subject to a site plan review; and may be subject to conditions imposed by the Zoning Administrator, as long as those conditions do not conflict with the provisions of this section. When the installation of a telecommunications facility is completed, and every 5th year thereafter, a professional engineer must certify that the facility meets all applicable <cite data-doc="City of Balt., Md., Ord. 26-128" data-path="|building-codes|II">Building Code</cite> and safety requirements. Ord. 16-581 Ord. 17-015

Urban agriculture uses that involve any of the following activities must prepare a management plan, subject to approval by the Director of Planning, that addresses how the activities will be managed to mitigate impacts on surrounding land uses and natural systems:Animal husbandry, including chicken coops, apiaries and aquaculture. The keeping of livestock must adhere to all Baltimore City Health Department and Maryland Department of Agriculture regulations. Processing of food produced on site. Spreading of manure, sludge, or other nutrient-rich fertilizers. Spraying of agricultural chemicals, including fertilizers, fungicides, and pesticides. Use of heavy equipment such as tractors. Greenhouses (permanent or temporary) used to extend the growing season are permitted. There is no limit on the number or square footage on these structures. For any urban agriculture use that involves the cultivation of plants for human consumption, measures must be taken to test and, if necessary, remediate the soil in accordance with guidelines adopted by the Department of Planning. Permanent accessory structures are limited to:tool sheds; shade pavilions; barns; toilet facilities; planting preparation houses; and post-harvest processing facilities. All structures must be set back at least 5 feet from any lot line. No structure may exceed 25 feet in height, except for structures designed to capture wind energy. The combined area of all structures is limited to 25% of the lot area. For multiple adjoining lots that are under common ownership and used as community-managed open space, the limit for the combined area of structures is applied over the entire site rather than each individual lot. The limit for the combined area of structures for the individual lots may not exceed that of the underlying zoning district. Farmstands for the display and sale of agricultural products are permitted. Farmstands must be removed from the premises or stored inside a structure on the premises during that time of the year when the facility is not open for public use. Composting on-site is allowed as an accessory use, subject to the following conditions:any compost pile must be located at least 3 feet away from any lot line; composting areas and structures must be maintained in a way that protects adjacent properties from nuisance odors and the attraction of rodents or other pests; and organic waste material for composting may be accepted from outside sources and either used on site or distributed at no cost, but may not be sold. Ord. 16-581 Ord. 17-015

Utilities and electric substations must be designed so that the location of entrances and exits, exterior lighting, service areas, and parking and loading facilities will minimize traffic congestion, pedestrian hazards, and adverse impacts on adjacent properties. Except as otherwise provided in subsection (c) of this section, electric substations and any aboveground utility structures, such as pedestals for cable wire access or other access points for underground infrastructure (communications wiring, fiber optic, etc.):may not encroach into a required front yard; and must be screened from any public right-of-way. The following are exempt from the setback and screening requirements of subsection (b) of this section:an above-ground, fully-enclosed transformer, switchgear, regulator, meter, or capacitor that is located in an Industrial Zoning District; and an above-ground, fully-enclosed transformer, switchgear, regulator, meter, or capacitor that:is located in a Residential, Office-Residential, Commercial, or TOD Zoning District; and does not exceed 7 feet in width, 7 feet in length, or 6 feet in height. On a property where an electric substation has been approved as a conditional use, a modification of the electric substation is allowed without amendment of the conditional use, as long as:the modification conforms to the bulk and yard regulations of the underlying zoning district; the modification either:is located solely within the existing perimeter fence or wall; or covers an area beyond the existing perimeter fence or wall that is not more than 10% of the area within the existing perimeter fence or wall; the modification is located solely on the property governed by the conditional use; and the electric substation, as so modified, complies with all conditions of the existing conditional use approval other than a condition that restricts the electric substation to the equipment configuration allowed under the existing conditional use approval.

Any person that desires a temporary-use permit, as required by this Code, must file with the Zoning Administrator a written application, in the form that the Zoning Administrator requires. The Zoning Administrator may grant temporary-use permits for temporary uses, whether the proposed use is specifically listed in this subtitle or, except for a use that involves alcoholic beverage sales, not specifically listed in this subtitle, as long as the Zoning Administrator determines that the proposed use complies with all applicable requirements of this subtitle and this Code. Unless otherwise limited, temporary uses may be allowed in any zoning district as long as that use is consistent with the purpose and intent of this Code and the zoning district in which it is located. No temporary use is allowed in any district if it would have a significant negative impact on any adjacent property or on the area as a whole. Unless expressly provided in this subtitle, every temporary use or structure must comply with the bulk and yard regulations applicable to the district in which it is located. As part of the temporary-use permit approval, the Zoning Administrator may impose other conditions, restrictions, or limitations as necessary to achieve the purposes of this Code and to protect the public health, safety, and welfare. Whenever the Zoning Administrator learns of a violation of a condition, restriction, or limitation imposed on a temporary use, the Zoning Administrator must attempt to resolve it informally and promptly. If unable to resolve the violation, the Zoning Administrator must issue notice of proposed revocation. All notices must be served by 1 of the methods specified in § 19-207 {“Violation notice: Service”} of this Code. The notice of the proposed revocation must be sent to:the owners of record of the property, as shown on the tax records of Baltimore City; the persons to whom the temporary-use permit was granted or the current operator; and the Director of Planning. The notice must specify the nature of the violation and warn the recipient that, unless the violation is corrected within the time specified in the notice, the Zoning Administrator will either:revoke the permit; suspend the permit subject to completion of corrective action or other condition; or affirm the permit subject to a schedule for corrective action, with provision for automatic termination if the schedule is not met. Ord. 16-581 Ord. 17-015

No temporary use is permitted that causes or threatens to cause an on-site or off-site threat to the public health, safety, or welfare. Every temporary use must be operated in accordance with the restrictions and conditions that the Fire Department requires. If required by the City, the operator of the temporary use must employ appropriate security personnel. No temporary use is permitted if the additional vehicular traffic reasonably expected to be generated by the use would have undue detrimental effects on surrounding streets and uses. No temporary use may block fire lanes. No temporary use may be authorized that would unreasonably reduce the amount of parking spaces available for use in connection with permanent uses located on the lot in question. The Building Official may make an assessment of the total number of parking spaces that will be reasonably required in connection with a proposed temporary use, based on the particular use, its intensity, and the availability of other parking facilities in the area. The Building Official may approve the temporary use only if that number of parking spaces are provided. No temporary use is permitted if it conflicts with another previously authorized temporary use. Ord. 16-581

Carnivals and circuses are allowed in any district. Carnivals and circuses are evaluated based on:the adequacy of the parcel size, parking provisions, and traffic access; and the absence of undue adverse impact, including noise, on other properties. Carnivals and circuses need not comply with the yard requirements and the maximum height requirements of this Code. The party responsible for the operation of the carnival or circus must:submit, in advance of the event, a site layout displaying adequate ingress and egress routes for emergency vehicles and no dead-end aisles; comply with all applicable local regulations; provide and properly service refuse containers in the number and locations required by the City; provide for a thorough clean-up of the site at the completion of the event; provide proof that all amusement devices have been government inspected; and on written notice from the City, immediately stop the use of any amusement device or structure found by the City to pose a threat to the public safety. Ord. 16-581

Seasonal or holiday sales lots are allowed in any district. Seasonal or holiday sales lots, such as Christmas tree sales and pumpkin patches, are evaluated based on:the adequacy of the parcel size, parking provisions, and traffic access; and the absence of undue adverse impact on other properties. Seasonal or holiday sales lots are limited to a period of not more than 45 days. Ord. 16-581

This section was repealed by Ordinance 22-181 because “Farmers’ market” is now a regular use and is codified as such in§ 14-312.1.

House, apartment, garage, and yard sales are allowed in any district, but only when limited to personal possessions of, or arts and crafts made by, the owner or occupant of the dwelling unit where the sale is being conducted. No temporary-use permit is required. These sales are limited to a period of not more than 3 consecutive days. No more than 3 sales may be conducted from the same residence in any 12-month period. Ord. 16-581

In this section, “shows and sales” means any of the following events, whether indoors or outdoors:arts and crafts shows and sales; flea markets; holiday shows and sales; and plant shows and sales. Shows and sales, as described in subsection (a) of this section, are allowed in any district. These shows and sales are evaluated based on:the adequacy of the parcel size, parking provisions, and traffic access; and the absence of undue adverse impact on other properties. In residential districts:these shows and sales are limited to a period of not more than 3 consecutive days; and no more than 3 shows or sales are permitted at the same location in any 12-month period. In all other districts:these shows and sales are limited to a period of not more than 3 consecutive days; and no more than 4 shows or sales are permitted at the same location in any 12-month period. Ord. 16-581

Sidewalk sales are permitted in the commercial districts only. Sidewalk sales must be in conjunction with and clearly incidental to an existing permanent on-site use. Sidewalk sales are permitted to display and sell only merchandise that is found in stores participating in the sidewalk sale. Sidewalk sale may not interfere with pedestrian traffic or violate standards of accessibility required by the ADA or other accessibility codes. A minor privilege permit is required for any sidewalk sale that takes place within the public right-of-way. Sidewalk sales are limited to a period of not more than 5 consecutive days. No more than 2 sales are permitted at the same location in any 12-month period. Ord. 16-581

Temporary outdoor entertainment events are allowed in non-residential districts. Temporary outdoor entertainment events are evaluated based on:the adequacy of the parcel size, parking provisions, and traffic access; and the absence of undue adverse impact, including noise, on other properties. Temporary outdoor entertainment events need not comply with the yard requirements of this Code. Ord. 16-581

Temporary batching plants (asphalt or concrete) are allowed in any district in connection with construction activities. Temporary batching plants must be set back at least 50 feet from any property developed for other than industrial uses. Temporary batching plants are limited the duration of construction or 1 year, whichever is sooner. Ord. 16-581

In this section, the following terms have the meanings indicated. “Contractor trailer” means a use that includes watchman’s trailers, construction equipment sheds, contractor trailers, and similar items incidental to a construction project. “Real estate model unit” means a dwelling unit temporarily used for display purposes as an example of dwelling units available for sale or rental in a particular subdivision or other residential development. “Real estate model unit” includes sales or rental offices for dwellings within the development. Contractor trailers and real estate model units, including temporary sales or rental offices accessory to a new development, are allowed in any zoning district when accessory to a construction project or a new development. These structures may not contain any sleeping or cooking accommodations, except those located in a model unit used for demonstration purposes only. No trailer, unit, or office may be used as the general office or headquarters of any person. Contractor trailers are limited to a period of not more than the duration of the active construction phase of the project. Real estate model units, including temporary sales or rental offices, are limited to the active selling and leasing of space in the development or 6 months after issuance of the final use permit, whichever is sooner. Ord. 16-581

In this section, “temporary storage container” means a temporary self-storage container (also known as a “Portable On-Demand Storage” container or “PODS”) that is delivered to a residential or commercial use for the resident or business owner to store belongings, which are then picked up and returned to a warehouse until called for. Temporary storage containers are permitted in any zoning district when used for loading or unloading. Temporary storage containers may not be used for permanent storage. They may not serve as a substitute for permanent storage needs on the site on which they are located. Containers may not be permanently attached to the ground, serviced with permanent utilities, or stacked on the site. Temporary storage containers are limited on site to a period of not more than 72 hours. Ord. 16-581

Tents within commercial districts are permitted for no longer than 14 days and must be in conjunction with a special event or a use located on the same lot. Tents must be removed within 2 days of the end of the event for which it was erected, but in no case may a tent be in place for longer than 14 days. Every tent must comply with the bulk requirements applicable to accessory structures. Additionally, the Zoning Administrator may restrict the size and location of a tent or tents if the Zoning Administrator determines that they create parking or access problems on the site. Tents within residential districts are limited to a period of not more than 5 consecutive days and must be located in the rear yard. Tents within residential districts are exempt from temporary-use permits. These include tents used for entertainment or assembly purposes. Ord. 16-581

The purpose of this title is to address the regulation of site improvements on a lot, including the regulations applicable to the principal building. This includes measurement methodologies, site design standards, accessory structures and uses, temporary uses, permitted encroachments and performance standards. Ord. 16-581

No structure may be erected except in accordance with the bulk and yard regulations prescribed for the district in which the structure is located or proposed to be located. No structure may be expanded, altered, or moved so as to reduce the yards and open spaces prescribed for the district in which the structure is located or the expansion, alteration, or movement is proposed to be located. No structure may be erected, expanded, or altered if the structure, as proposed to be erected, expanded, or altered, is arranged, intended, or designed to exceed the density permitted in the district in which the structure, expansion, or alteration is located or proposed to be located. No structure may be occupied by more than the number of individuals permitted by the bulk regulations of the district in which the structure is located. Ord. 16-581 Ord. 17-015

The maintenance of required yards, other open-space, and minimum lot area for a structure is a continuing obligation of the owner of the structure and of the owner of the property on which the structure is located, as long as the structure exists. No required yard, other open-space, or minimum lot area allocated to a structure may, by virtue of a change of ownership or for any other reason, be used to satisfy yard, other open-space, or minimum lot area requirements for any other structure. All yards and other open spaces allocated to a structure must be located on the same lot as the structure. No lot may be divided or subdivided in a way that would violate any provision of this Code applicable to the original lot or to the resulting lots. Ord. 16-581

Except in a planned unit development or as authorized in subsection (b) of this section:no more than 1 principal detached structure may be located on:any residential lot; or any lot adjacent to a residential lot; and no principal detached structure or any other free-standing structure may be located with any other principal structure on the same:residential lot, except as specified in <cite data-path="32|§1-210">§ 1-210</cite> {“Use and site development standards”} or <cite data-path="32-§15-601">§ 15-601</cite> {“Permitted projections and obstructions into required yards”}; or any lot adjacent to a residential lot. Notwithstanding subsection (a) of this section, the Zoning Administrator shall approve the construction of more than 1 principal detached structure or other free-standing structure on a residential lot or any lot adjacent to a residential lot, if:the development otherwise would conform to the requirements of this Article; and the requirements of site plan review and design review are met.

In this subsection, “street wall” means the wall of a building nearest to and facing a street. For purposes of determining compliance with height limitations, the height of a building is determined by measuring the vertical distance:from the following, as applicable:from the mean curb level of the right-of-way on which the property fronts; if the front wall of the building is not within 30 feet of the curb, from the average elevation of the ground adjoining that wall; or if the building is in a Regulated Flood-Hazard Area (as defined in and subject to City Code <cite data-path="|7">Article 7 {“Natural Resources”}</cite>, Division I {“Floodplain Management”}), from the required design-flood elevation (also as defined in and subject to <cite data-path="|7">Article 7</cite>, Division I); and to the following, as applicable:in the case of a flat roof, to the highest point of the roof that adjoins the street wall; or in the case of a pitched roof, to the mean height level of the roof as measured between the eaves and the peak in the case of pitched roofs. The height regulations of this Code do not apply to the following:belfries, chimneys, cupolas, domes, grain elevators, fire escapes, flagpoles, flues, minarets, monuments, spires, stacks, steeples, ventilators, and utility poles; water towers or tanks other than those located on the roof of a structure; bulkheads, cooling towers, elevator enclosures, monitors, elevator or stairway penthouses, skylights, stage towers and water tanks, and air conditioning units, as long as these structures do not occupy more than 25% in the aggregate of the area of the roof of the structure on which they are located; roof decks, subject to design review; parapet walls used to screen mechanical equipment, as long as these walls do not exceed the height necessary to screen the mechanical equipment listed in item (3) of this subsection; any accessory structures in Subtitle 5 of this title that are allowed to exceed height limitations, subject to any limitations imposed by Subtitle 5 of this title; and rooftop greenhouses, as long as:the greenhouses do not exceed 15 feet above the applicable district height limit; the greenhouses do not occupy more than 50% of the roof area; all lighting used to illuminate a rooftop greenhouse is directed and shielded to prevent illumination of any adjacent lots; and all exterior lighting complies with the requirements of <cite data-path="|32|§15-505">§ 15-505 {“Exterior lighting”} of this title</cite>. Ord. 16-581 Ord. 17-015 Ord. 18-171 Ord. 22-181

In the residential districts, the maximum number of permitted dwelling units on a lot is determined by dividing the total area of the lot by the lot area requirement that applies to the district in which the lot is located. On a lot with 3 or more dwelling units, a fraction of the total area that is 50% or more of the required lot area factor counts as an additional permitted dwelling unit. Ord. 16-581

For determining floor area ratio, the floor area of a structure is the gross floor area of all floors of the structure, including parking, measured from the outside faces of exterior walls or from the centerlines of party walls. Ord. 16-581

In computing the percentage of lot area covered by a structure, the area of the maximum horizontal plane of the entire structure is used. Ord. 16-581

In determining the distance between properties, the measurement shall be calculated using the shortest separation between the property boundary lines.

Subject to the requirements and limitations of this section, if the owner of a lot gives or dedicates to the Mayor and City Council of Baltimore any land on or adjacent to the lot for the purpose of establishing or improving a public street, for the purpose of establishing or improving public transit, or for the purpose of establishing open space, the area of the land so given or dedicated may be added to the lot area used to compute the maximum number of dwelling units that, under the bulk and yard regulations of this Code, are permitted on that lot. To qualify for this added area, the land given or dedicated must be:designated for this purpose on an approved subdivision plat or builders’ location plat; certified by the Planning Commission as essential to overall community planning and not for the sole benefit of any one individual; and given or dedicated to the City at the request of the Planning Commission. In lieu of any compensation to the owner for a lot contributed under this section, the permitted density of the remaining private development lot, as computed under this section, may exceed by up to, but no more than, 110% of the density that otherwise would be allowed for that lot. Ord. 16-581 Ord. 17-015

For a residential project that, under City Code <cite data-path="|13|§2B-22|(c)">Article 13, § 2B-22(c) {“Project benefitting from significant land use authorization or rezoning”}</cite> or § 2B-23(c)(1) {“30 or more units: Cost-offsets”}, is entitled to bonus units, the lot area per dwelling unit otherwise required by this Code is reduced to the extent needed to accommodate those bonus units. Ord. 16-581

For a lot that is less than 100 feet deep, the depth of a rear yard required for a dwelling may be reduced 1% for each 1 foot that the lot is less than 100 feet deep, subject to the limitations and requirements of this section. A reduction under this section may not exceed the following:in the case of an existing detached or semi-detached dwelling that is located in a business district, two-thirds of the required depth; and in all other cases, one-quarter of the required depth. A reduction may be taken under this section only if all other bulk and yard regulations are complied with. Ord. 16-581 Ord. 17-015

Nothing in this Code in any way affects the requirements of Chapter 42, Laws of Maryland 1904, which states: “[F]rom and after [March 15, 1904], no building, except churches, shall be erected or altered in the City of Baltimore on the territory bounded by the south side of Madison street, the west side of St. Paul street, the north side of Centre street, and the east side of Cathedral street, to exceed in height a point seventy feet above the surface of the street at the base line of the Washington Monument.” Now codified as § 14-1 of the Code of Public Local Laws of Baltimore City Ord. 16-581

The building height limitations and permissions of Table15-405: Mount Vernon Neighborhood Height Map apply within the boundaries indicated in that Table for the Mount Vernon Neighborhood. These building heights control in place of the building height regulations of the underlying zoning district. Within the boundaries indicated in Table 15-405 for the Mount Vernon Neighborhood:when calculating the height of a building for compliance with height limitations, mechanical equipment, including heating, ventilation, and air-conditioning units, on top of the building are included in that calculation; new principal-use surface parking lots are prohibited; and for new construction, the minimum lot area per dwelling unit is 200 square feet. Ord. 16-581 Ord. 22-181

An accessory structure or use must be limited to and located on the same lot with the use of the principal structure to which it is accessory. The total area of all accessory structures may not occupy more than 50% of the area of a required rear yard. Unless otherwise permitted or restricted by this subtitle, no accessory structure may exceed 15 feet in height. Unless otherwise permitted or restricted by this subtitle, accessory structures must comply with the yard requirements of the district. No accessory structure may be erected on any lot before construction of the principal structure to which it is accessory. If an accessory structure, such as an attached garage, is attached to a principal structure by any wall or roof construction, it is considered to be a part of the principal structure and must comply in all respects with the requirements of this Code that apply to the principal structure. Ord. 16-581

“Amateur (ham) radio equipment” means equipment for broadcasting an amateur (ham) radio station licensed by the Federal Communications Commission. “Amateur (ham) radio equipment” includes:a tower or tower-like structure supporting a single, radiating antenna platform; and other broadcasting equipment. Towers that solely support amateur (ham) radio equipment and conform to all applicable performance criteria as set forth in Subtitle 7 of this Title are permitted in the required rear yard. Towers may not exceed the maximum building height of the applicable district, unless a taller tower is technically necessary to engage successfully in amateur radio communications in accordance with subsection (e) of this section. In the single-family residential districts, all towers must be set back 10 feet from any lot line. Certain additional types of antenna systems that are not freestanding towers are permitted in any yard if they implement stealth design and receive design review approval. To qualify as a stealth design, antennas must be within an enclosed structure or otherwise screened from public view in accordance with the requirements of the Baltimore City Landscape Manual. Antennae may be ground-, building- or roof-mounted. Every effort must be made to install radio antennae in locations that are not readily visible from neighboring properties or from the public right-of-way, excluding alleys. An antenna or tower that is proposed to exceed the height limitations is a conditional use. The operator must provide evidence that a taller tower or antenna is necessary to engage successfully in amateur radio communications. In addition, the applicant must provide evidence that the tower or antenna is not a hazard to birds (i.e., minimal chance of bird strikes). The tower or antenna must conform to all applicable performance criteria as set forth in Subtitle 7 of this title. As part of the application, the applicant must submit a site plan showing the proposed location of the tower or antenna, as well as its relation to the principal building and any additional accessory structures. Antennae and towers owned and operated by the City are exempt from these requirements. Ord. 16-581 Ord. 17-015

Parking spaces within parking lots or parking garages, whether the parking is a principal use or accessory to a principal use, may include electric automobile charging stations, including models that charge by solar energy. Ord. 16-581 Ord. 17-015

An accessory carriage house existing on June 5, 2017, in a Residential District or in an OR District may be converted into a single-family detached dwelling, if:the building contains at least 350 square feet of gross floor area; and all other requirements of this Code are met. In addition, if an existing carriage house is converted into a dwelling unit, it cannot be enlarged by any alteration that would increase the building height or footprint by more than 20%. Ord. 16-581 Ord. 17-015 Ord. 22-181

The following exterior lighting requirements apply to lighting on private property. No exterior lighting may glare into, or upon, the surrounding area or any residential premises. In addition, no exterior lighting may be used in any manner that could interfere with the safe movement of motor vehicles on public streets. The light level may not be greater than one-half footcandle at a residential property line and 1 footcandle at any non-residential property line or public right-of-way line. Specifically, the following types of light trespass are prohibited:any light not designed for roadway illumination that produces direct or reflected glare that could disturb the operator of a motor vehicle; any light that may be confused with, or construed as, a traffic control device, except as authorized by federal, state, or local government. Exterior lighting must be designed as down-lighting. Shielded lighting, unless specifically permitted by subsection (c) of this section, is required. The use of unshielded lighting, including incandescent light bulbs hung or strung on poles, wires, or any other type of support, are prohibited, except on a temporary basis in areas where approved carnivals, fairs, or other similar activities are held and only while those activities are taking place. The maximum height of light poles on private property, as measured from grade at the base to the bottom of the luminaire, is as specified below. These standards do not apply to public right-of-way lighting. Permitted light pole heights are as follows. For non-residential uses:Lights poles and building-mounted fixtures must be designed with fully shielded luminaires. These poles or mounts may not exceed 25 feet in height. Light poles for outdoor recreational facilities may not exceed 35 feet in height. Exterior lighting for outdoor recreation areas is subject to design review. Light poles for outdoor recreational facilities that exceed 35 feet in height are conditional uses. For residential uses:Light poles for single-family detached and semi-detached dwellings and rowhouse dwellings may not exceed 6 feet in height. Light poles for multi-family uses may not exceed 12 feet in height. Under-soffit lighting mounted on a residential dwelling may not be mounted higher than 15 feet above the finished floor height of the ground floor. Ord. 16-581

Any lighting used to illuminate a greenhouse must be directed and shielded so as to minimize illumination of any adjacent lots. All exterior lighting must comply with the requirements of <cite data-path="|32|§15-505">§ 15-505 {“Exterior Lighting”} of this subtitle</cite>. Ord. 16-581 Ord. 17-015

The home occupation must be conducted entirely within the dwelling and must be clearly incidental and secondary to the use of the dwelling for residential purposes. A home occupation may not be established before the members of the family conducting the home occupation take possession of and reside in the dwelling. No more than 1 individual other than a family member residing on the premises may be employed as part of a home occupation. The use may not create additional pedestrian, automobile, or truck traffic in excess of the normal amount typical for the area. Client or customer visits to the site are limited to no more than 3 a day and 10 a week. No more than 1 truck or van, whose capacity may not exceed 1 ton, may be used in any manner with the home occupation. Vehicles may not contain advertising for the home occupation. The receipt, sale, or shipment of deliveries is not permitted on or from the premises, with the exception of regular U.S. Mail or a shipping service that is characteristic of service to residential neighborhoods. A home occupation may not generate noise, solid waste, vibration, glare, fumes, odors, or electrical interference beyond what normally occurs in a residential use. No outside storage or display of materials, merchandise, inventory, or heavy equipment is permitted. No exterior alteration that changes the residential character of the principal building is permitted. Any type of motor vehicle repair or service is a prohibited home occupation. Day-care homes are not considered a home occupation. Ord. 16-581 Ord. 18-216

In all districts, all ground-based mechanical equipment, including heating, ventilating, and air-conditioning units and back-up generators, may be located in any yard. However, if the equipment is in an interior-side yard, it must be at least 3 feet from the side lot line. If ground-based mechanical equipment is located in a non-residential district adjoining a Residential, Office-Residential, or Industrial Mixed-Use District, the equipment must be screened from public view in accordance with the requirements of the Baltimore City Landscape Manual. Any mechanical equipment located on the roof of any structure in any zoning district must be located to allow safe access to the roof. Ord. 16-581 Ord. 17-015

Subject to the conditions of this section, a retail goods establishment is allowed, as an accessory use, to display and sell its merchandise outdoors. The outdoor sales or display of the following merchandise is prohibited: tires, mattresses, furniture, appliances, and dirt bikes. No sales or display area is permitted in any public right-of-way unless a minor privilege permit is obtained. Outdoor storage of goods not offered for sale is prohibited, as provided in <cite data-path="|32|§15-510">§ 15-510 {“Outdoor storage”} of this subtitle</cite>. A portion of the establishment’s parking area that is in excess of and not needed to meet the establishment’s off-street parking requirements may be used for outdoor sales and display on a temporary basis only, in terms of both display structure and goods displayed or sold (no permanent display structures permitted in parking areas). However, no more than 10% of the portion that exceeds and is not needed to meet parking requirements may be used for the temporary outdoor sales and display. If the rear or interior-side yard of an outdoor sales and display area abuts a Residential District, the area must be screened from public view in accordance with the requirements of the Baltimore City Landscape Manual. If an outdoor sales and display lot of a motor vehicle or recreational vehicle dealership or rental establishment abuts a public right-of-way, other than an alley, the lot must be screened in accordance with the requirements of the Baltimore City Landscape Manual. Ord. 16-581 Ord. 17-015

The following uses are allowed as accessory outdoor storage:greenhouses and nurseries, including the growing of plants in the open; industrial uses within the OIC, C-4, I-1, I-2, and MI Districts; mini-warehouses in the C-4, IMU-1 and -2, and I-1 Districts; motor vehicle dealerships or rental establishments (prohibited when establishment is required to be fully enclosed); motor vehicle operations facilities; motor vehicle service and repair – storage of vehicles under repair only (prohibited when establishment is required to be fully enclosed); and outdoor storage yards and contractor storage yards. Additional accessory outdoor storage may be approved by as a conditional use. Permitted outdoor storage uses must comply with the following provisions:no required parking area may be used as outdoor storage; all outdoor storage must meet minimum yard requirements; all materials stored must be related to the business conducted on the property; and except in the I-2 and MI Districts, where no screening is required, all outdoor storage must be screened from public view in accordance with the requirements of the Baltimore City Landscape Manual. Ord. 16-581 Ord. 17-015 Ord. 19-244

The following design standards apply to all residential parking garages. Attached garages are not considered an accessory structure but are subject to the design standards and regulations of this section for attached garages. Front-loaded attached garages are discouraged. New front-loaded attached garages are prohibited where rear or side access to the lot is available, and restricted to areas in which the City’s curb cut policy would allow for a curb cut to access the garage. Rear-loaded and side-loaded attached garages are preferred. Front-loaded attached garages may not occupy more than 50% of the width of the front facade of the dwelling, as measured along the building line that faces the street. Front-loaded attached garages must be located at least 5 feet behind the main front facade of the dwelling. This measurement must be taken from the part of the front facade that adjoins the garage, except that the measurement may be taken from the part of the house closest to the street if all of the following conditions are met:the front facade of the house is irregular, i.e., the front foundation is not a straight line; the portion closest to the street is actual living space; and the measurement is not taken from a porch, bay window, turret, or similar architectural feature that protrudes from the facade. Windows, doors, and roof treatments of that part of a front-loaded attached garage facing the street must incorporate architectural detail expressive of a residence. Upper level dormers and pitched roof elements must be used to de-emphasize a front-loaded attached garage. Garage openings, windows, columns, trims, decorative paneling, and color must de-emphasize the visual impact of the garage in relation to the building as a whole. Detached garages are permitted in the rear yard and must be accessed from the rear of the lot if rear access is available. Detached garages accessed from the front of the lot are restricted to areas in which the City’s curb cut policy would allow for a curb cut to access the garage. On lots of 7,300 square feet or less in area, detached garages may not exceed 660 square feet in area. No residential garage may be used for commercial body repair, painting, or engine rebuilding. Ord. 16-581 Ord. 17-015

In this section, the following terms have the meanings indicated. “Enclosed porch” means a porch that is enclosed by walls, screens, or other material on 2 or more sides. “Enclosed porch” includes a screened-in porch. “Unenclosed porch” means a porch that is open on 2 or more sides, even if the porch has a railing along the sides. Unenclosed porches may encroach 8 feet into any required front or corner-side yard. Unenclosed porches in the interior-side yard must be located at least 4 feet from the interior-side lot line. Enclosed porches must meet all minimum yard requirements. Front porches must remain open. Original porches must be retained and may not be filled in with opaque materials. For infill construction of 1 or 2 rowhouse units within a coordinated group of existing rowhouses, the following standards must be met:porch posts and railings must be compatible with the other houses in the row; steps must be oriented in the same manner as other houses in the row; and replacement steps must match the material of the steps original to the neighborhood. When replacing porch elements, the original elements of the row must be matched as closely as possible. T-1-11 paneling, plywood, vinyl and aluminum siding, and cinderblock are prohibited. Columns and railings are prohibited when not part of the original elements of the row. Foundations of ashlar stone must be repaired and repointed with matching mortar and mortar joints. Ord. 16-581

The following accessory uses are permitted within a publicly-owned park: concession services, as follows:sales of food and sundries; and rental of recreational equipment; grandstands as part of athletic fields, which grandstands must be located at least 200 feet from the nearest lot line in a residential or office-residential district; information kiosks; picnic shelters and gazebos; public restrooms; and mobile storage structures. Ord. 16-581

“Recycling collection station” means a receptacle, usually a trailer or roll-off, that is located on a hard surface and used for collecting recyclable materials, including paper (corrugated boxes, high grade paper, newspapers, and the like), cans (aluminum, tin, or bi-metal), aluminum scrap, non-ferrous metal (copper, brass, zinc, lead, or tin), glass bottles, and plastics. “Recycling collection station” includes receptacles for the collection of leaf and yard waste. Recycling collection stations are conditional uses, subject to the following standards:No mechanical processing or shredding is allowed on-site. In approving a recycling collection station, the Board of Municipal and Zoning Appeals must consider:the size of the transfer trailer or roll-off and its location on the site; availability of off-street parking and the impact on any existing parking lot; whether an attendant is to be provided or required and the hours of operation, which must be clearly posted on the trailer or roll-off; impact on adjacent residences or businesses; whether other recycling collection stations are in the immediate neighborhood; whether landscaping or screening is needed and what is to be provided; and compliance with all applicable building, housing, and <cite data-path="|health">health code standards.</cite> Ord. 16-581 Ord. 17-015

Refuse disposal containers and refuse storage areas must be located to the rear or side of structures. Refuse disposal containers and refuse storage areas may store recycling bins. All refuse disposal containers must be fully enclosed on 3 sides by a 6-feet high or higher:solid wood or simulated wood screen fence; opaque masonry wall (stone, stucco, or brick); or principal structure wall. The materials used for the enclosure must complement the architecture of the principal structure. The enclosure must be gated. An extension of an exterior principal structure wall may be used as one of the 3 walls for enclosing a refuse disposal container as long as the extension meets the minimum 6-feet high requirement and is of the same building materials as the principal structure. This section does not apply to a refuse disposal container used as part of on-site construction as long as:the container is maintained on the construction site; or a minor privilege permit is obtained to allow the container on the public right-of-way. The container must be removed once construction is complete. Ord. 16-581 Ord. 17-015

Satellite dish antennas must be permanently installed on a building, in the ground or on a foundation, and may not be mounted on a portable or movable structure. Subject to operational requirements, the dish must be of a neutral color, such as white or grey, to blend with the surroundings as best as possible. No signs are permitted on the satellite dish. Compliance with all federal, state and local regulations is required in the construction, installation, and operation of satellite dish antennas. All exposed surfaces of the antenna must be kept clean and all supports must be painted to maintain a well-kept appearance. Antennas no longer in use must be removed. Satellite dish antennas that are1 meter or less in diameter (“small dish antennas”) are subject to the general requirements of subsection (a) of this section. Satellite dishes are not permitted on any facade that adjoins a street unless a report is submitted to verify that this facade is the only location that receives an adequate signal. Satellite dish antennas that are more than 1 meter in diameter (“large dish antennas”) are subject to the general requirements of subsection (a) of this section. In residential districts, a large dish antennas is allowed only in the rear yard, and must be set back from all lot lines a distance that is at least equal to the height of the dish, but in no case less than 5 feet. Roof-mounting is prohibited. The overall height of a large dish antenna cannot exceed 12 feet. A large dish antenna must be screened from public view in accordance with the requirements of the Baltimore City Landscape Manual. In non-residential districts, a large dish antenna is allowed only in the rear or interior-side yard and must be set back from all lot lines a distance that is at least equal to the height of the dish, but in no case less than 5 feet. Roof-mounting is allowed in non-residential districts only if the large dish antenna is in scale with the overall building mass and location and is screened by an architectural feature. The visible portion of the dish may not exceed 25% of the corresponding height or width of the screen. A large dish antenna must be screened from public view in accordance with the requirements of the Baltimore City Landscape Manual. Ord. 16-581 Ord. 17-015 Ord. 18-216

Building permit applications for solar alternative energy systems must be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of the installation conforms to all <cite data-path="|building-codes|III">electrical code</cite>s. Solar alternative energy systems must be installed to rise no more than 42 inches from a roof surface. A roof-mounted solar alternative energy system is considered a permitted height exception and is not subject to the building height limitations of the district. In the case of a flat roof, solar alternative energy systems must be setback 3 feet from the front facade. A ground-mounted solar alternative energy system is permitted in all yards and must be at least 3 feet from any lot line. Ground-mounted solar alternative systems are subject to the following height limitations:for a commercial alternative energy system, the system may not exceed 15 feet in height; and for a community-based or private alternative energy system:a system located in a side or rear yard may not exceed 10 feet in height; and a system located in a front yard may not exceed 30 inches in height. All ground-mounted systems must:be screened from public view in accordance with the requirements of the Baltimore City Landscape Manual; and display warning signs indicating voltage and dangers. Ord. 16-581 Ord. 17-015

Building permit applications for wind energy systems must be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of the installation conforms to all <cite data-path="|building-codes|III">electrical code</cite>s. The maximum height of any ground-mounted wind energy system is 65 feet or 20 feet above the tree line, whichever is greater. The maximum height of any roof-mounted wind alternative energy system mounted on a detached accessory structure is 15 feet above the maximum permitted height for that structure. The maximum height of any roof-mounted wind energy system mounted on a principal structure is 10 feet above the maximum permitted height for that structure. However, this limitation does not apply to principal structures over 175 feet in height, in which case there is no limit on the height of a roof-mounted wind alternative energy system. For purposes of this section, maximum height is the total height of the turbine system, including the tower and, if designed with turbine blades, the maximum vertical height of the turbines blades. Maximum height is therefore calculated by measuring the length of a prop at maximum vertical rotation to the base of the tower. The maximum height of any ground-mounted wind energy system is measured from the length of a prop at maximum vertical rotation to grade. If turbine blades are part of the system, no portion of the turbine blades may be within 20 feet of the ground. Ground-mounted wind alternative energy systems may be located in the rear yard only. No part of the wind system structure, including guy wire anchors, may extend closer than 10 feet to any lot line. The system tower must be setback from all lot lines equal to the height of the system. All wind alternative energy systems must be equipped with manual (electronic or mechanical) and automatic over-speed controls to limit the blade rotation speed to within the design limits of the wind alternative energy system. Except as provided in this subsection, wind alternative energy systems may not exceed 60 dBA, as measured at the closest neighboring inhabited dwelling. This level, however, may be exceeded during short-term events, such as utility outages or severe windstorms. Wind turbines must be certified by a small-wind certification program recognized by the American Wind Energy Association or the U.S. Department of Energy. Alternatively, for a non-certified wind turbine, the applicant must submit to the Building Official a description of the safety features of the turbine prepared by a registered mechanical engineer. Wind alternative energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports. No wind alternative energy system may be installed until evidence has been submitted to the Building Official that the utility company has been informed of the customer’s intent to install an interconnected customer-owned generator. Ord. 16-581 Ord. 17-015

Except for the projections and obstructions specified in Table 15-601: Permitted Encroachments into Required Yards, every part of a required yard or of any other required open space must be open and unobstructed from the ground to the sky. Ord. 16-581

The performance standards in this subtitle are designed to promote and protect commercial districts, business areas, and the IMU-1 and -2 and I-1 Districts, as light industrial areas, thereby promoting and maintaining the most appropriate and beneficial use of these areas. The application of these standards protect business and residential areas in or adjacent to a commercial district or an IMU-1 or -2 or I-1 District from adverse effects that might otherwise result from the operation of the uses allowed in those districts. Ord. 16-581 Ord. 17-015 Ord. 19-244

Except as specified in subsection (b) of this section, the performance standards in this subtitle apply to:all uses in an IMU-1 and -2 and an I-1 District; and all activities in a commercial district that involve the production, processing, cleaning, servicing, testing, or repair of materials, goods, or products. Uses lawfully established before these performance standards were enacted or extended to apply to the district in which they are located need not comply with the standards. However, if that use is later expanded, the expansion must comply with all applicable performance standards. Ord. 16-581 Ord. 17-015 Ord. 19-244

All uses in the commercial districts and the IMU-1 and -2 and I-1 Districts must be operated so as to comply with the performance standards described in this section. In addition to these performance standards, all uses must be constructed, maintained, and operated so as not to be injurious to the use and occupation of the adjacent premises by reason of the emission or creation of noise, vibration, radiation, fire, explosive hazard, or glare. Nothing in this section may be construed to alter, change, modify, or abrogate any authority granted exclusively to any state or federal regulations. No activity or use may be conducted in a manner that generates a level of sound as measured on another property greater than that allowed by federal, state, or local regulations. These limits do not apply to construction noises, noises emanating from safety signals or warning devices, noises not directly under the control of the owner or occupant of the property, or transient noises from moving sources, such as motor vehicles, railroads, or aircraft. Any activity or the operation of any use that produces glare or heat must be conducted so that no glare or heat from the activity or operation is detectable at any point off the lot on which the use is located. Flickering or intense sources of light must be controlled or shielded so as not to cause a nuisance across lot lines. No earthborne vibration from the operation of any use may be detectable at any point off the lot on which the use is located. Dust and other types of air pollution, borne by the wind from sources such as storage areas, yards, roads, conveying equipment, and the like on the lot, must be kept to a minimum by appropriate landscaping, screening, sheltering, paving, fencing, wetting, collecting, or other acceptable means. The discharge or disposal of radioactive or hazardous waste materials must comply with all applicable federal, state, and local laws, rules, and regulations that govern those materials or waste, generally. Radioactive and hazardous waste materials must be transported, stored, and used in conformance with all applicable federal, state, and local laws, rules, and regulations. Any condition or operation that results in the creation of odors of an intensity and character as to be detrimental to the health and welfare of the public or that interferes unreasonably with the comfort of the public, must be removed, stopped, or modified so as to remove the odor. The storage, handling, or transport of toxic substances must comply with federal, state, and local laws, rules, and regulations. Materials that present potential fire or explosion hazards must be transported, stored, and used only in conformance with all applicable federal, state, and local regulations. Ord. 16-581 Ord. 19-244

The off-street parking and loading regulations of this title are intended to: provide accessible, attractive, secure, and well-maintained off-street parking and loading areas; and increase public safety by reducing congestion of public streets; encourage the use of alternative modes of transportation where appropriate; and ensure that parking requirements are tailored to maintain pedestrian environments and sensitive to the urban fabric of the City. Ord. 16-581

All off-street parking spaces may only be used for the parking of motor vehicles and bicycles. No motor vehicle repair work or service of any kind, except emergency repair service, is permitted in any off-street parking space. Ord. 16-581 Ord. 17-015

The total number of required loading and bicycle spaces is based on the requirements for the use of the lot. However, if a lot contains more than 1 use, the number of required spaces is the sum of the separate requirements for each use. All required facilities must be completed before occupancy of the structure. In computing the number of loading or bicycle spaces required by this title, the following standards of computation apply. A fraction of less than one-half may be disregarded, and a fraction of one-half or more is counted as 1 loading space. In places of assembly in which patrons or spectators occupy benches, pews or similar seating facilities, each 24 inches of the seating facility is counted as 1 seat for the purpose of determining the requirement for off-street loading and bicycle spaces. Floor area of a prayer hall is counted as one 1 seat per marked prayer mat space or, if prayer mat spaces are not marked, 1 seat for every 5 square feet in the prayer hall. Except as otherwise specified, loading or bicycle spaces required on an employee basis is based on the maximum number of employees normally present on the premises at any one time. If the determination of the number of parking spaces is based on the number of employees, the owner and the manager are each counted as an employee. Ord. 16-581

With the exception of single-family, detached and semi-detached, dwellings and rowhouse dwellings, in all off-street parking facilities where parking is provided for employees, visitors, or both, accessible parking spaces must be provided. The accessible parking spaces shall be in accordance with the applicable requirements of the Maryland Accessibility Code, as set forth in COMAR 09.12.53, and all other governing codes and applicable laws. These spaces must comply with the design standards in the Maryland Accessibility Code. These spaces must be identified by a sign and pavement markings indicating parking for the disabled only. Ord. 16-581 Ord. 17-015

In no case may off-street parking be provided in excess of the limits set in Table 16-204 of this Code, except:detached and semi-detached dwelling to which no maximum applies; and a structure or land that has changed to a new use, if:prior to the change in use, the structure or land had existing off-street parking spaces that would exceed the maximum set for the property’s new use; and no further off-street parking is added following the change in use. Nothing in this Title prevents the voluntary establishment of additional off-street parking or loading facilities. All regulations governing the location, design, and control of these facilities shall be in accordance with this title. Ord. 16-581

Site plan review is required before any construction or alteration of or addition to any off-street parking facility of 5 or more parking spaces or the construction of a new loading berth. For purposes of this section, construction, alteration, or addition includes all paving of previously unpaved surfaces, replacement of pavement with new binder and surface courses, construction of curbing, installation of new parking lot landscaping, and similar activities. Construction, alteration, or addition does not include maintenance activities such as replacement of existing landscaping, repair of existing curbing, repairs, sealing, re-striping (with no design or layout changes), or placement of surface course pavement over previously paved areas. Ord. 16-581 Ord. 22-181

Bicycle parking and loading facilities required by this title shall be completed before issuance of a use permit for the use these facilities serve. Ord. 16-581

Unless otherwise permitted by this title, all off-street parking facilities must be located on the same lot as the use or structure served. In all detached and semi-detached zoning districts identified in <cite data-path="32|§6-203">§ 6-203 {“Detached and Semi-detached Residential Districts”}</cite> and in the R-5, R-6, R-7, and R-8 zoning districts, off-street parking is prohibited in the required front or corner yard and forward of the front building line. In the C-1, C-1-E, C-1-VC, and C-2 Districts, off-street parking is prohibited in front of the front building line. Off-street parking facilities may be located off-site if:the parking facilities are located in a zoning district where this parking is permitted or allowed as a conditional use; the land on which the off-site parking facilities are located is within 600 feet of the lot line of the use or structure served; and the off-site parking facilities are on a lot possessed by the record titleholder of the lot occupied by the structure or use to be served by the parking facilities. For the purposes of this subsection, possession of the facilities may be by either:deed; or 20-year or longer recorded deed restriction. The location of the off-site parking facilities and the term and contents of the deed or deed restriction permitting the owner of the use or structure served to use the off-site facilities are subject to the approval of the Zoning Administrator. The deed or deed restriction must be recorded in the Land Records of Baltimore City, binding the owner of that lot and the owner’s heirs and assigns to maintain the required number of parking spaces for the duration of the use served or the term of the deed or deed restriction, whichever first terminates. Notwithstanding the restrictions of subsections (a), (b), and (c) of this section, a use may utilize a valet service in accordance with City Code <cite data-doc="City of Balt., Md., Ord. 25-064" data-path="|31">Article 31</cite>, Subtitle 14 {“Valet Parking”}. However, the off-site parking facility must provide the required number of spaces. The use must certify that valet service will be used and that the required number of spaces has been provided. Ord. 16-581 Ord. 17-015

Off-street parking spaces must either be designed: in accordance with Table 16-402: Off-Street Parking Dimensions; or as reviewed by the Site Plan Review Committee and approved by the Director of Planning. Ord. 16-581 Ord. 17-015 Ord. 18-171 Ord. 22-181

Each off-street space must open directly onto an aisle or driveway wide enough to provide adequate means of vehicular access to the parking space. All off-street parking facilities must provide appropriate means of vehicular access in a manner that least interferes with traffic movement and in a way that permits vehicles to enter or leave the parking spaces without having to move any other vehicle. All off-street parking facilities must have vehicular access from a street, an alley at least 10 feet wide, a driveway, or cross-access easement connection. In the residential and commercial districts, if off-street parking areas can be accessed from an alley at least 15 feet wide, access from the alley is required and new curb cuts along the public right-of-way are prohibited. Within off-street parking facilities, one-way traffic aisles must either be designed:in accordance with Table 16-402{: Off-Street Parking Dimensions}; or as reviewed by the Site Plan Review Committee and approved by the Director of Planning. Ord. 16-581 Ord. 22-181

The design of every driveway with access onto a City-owned roadway must conform to the City Department of Transportation’s Book of Standards. Driveways must be located at least 1 foot from the side lot line. However, a residential driveway may be located on the lot line if it physically abuts a driveway on the adjoining lot. This location will only be allowed if agreed to by the owners of each lot and that agreement is recorded as a shared driveway easement on each survey plat. Ord. 16-581 Ord. 17-015 Ord. 18-171

Curb cuts for driveways require a curb-cut permit from the Department of Transportation, subject to review by the Department of Planning. No person may construct, widen, remove, or alter any driveway or curb cut without a permit issued by the Department of Transportation. For residential-, commercial-, and industrial-zoned properties, curb cuts will be considered for the following situations:for access to parking garages (principal use); for access to parking lots with more than 5 parking spaces; for dwelling units without rear or side access, where no on-street parking is allowed along the front lot line; for dwelling units that are capable of securing side street access to a garage or parking space; and in cases where the proposed private parking will provide a net gain over the displaced amount of on-street parking. Existing curb cuts or abandoned curb cuts do not guarantee approval for reuse unless there is an existing permit. In addition, existing curb cuts lawfully established in the immediate vicinity do not guarantee approval of any given request. The City reserves the right to deny a curb cut request regardless of the availability or unavailability of side and rear access. Ord. 16-581 Ord. 17-015

Every drive-through facility shall provide at least 4 stacking spaces per bay or lane, unless otherwise required by this Code. Stacking spaces provided for drive-through uses must:be at least 9 feet wide, as measured from the outermost point of any service window to the edge of the drive aisle, and at least 18 feet long; be placed in a single line behind the drive-through facility; be located so that, when in use, they do not obstruct ingress or egress to the site and do not obstruct access to required parking or loading spaces; begin behind the vehicle parked at a last point of service, such as a window or car wash bay; and comply with any additional standards in <cite data-path="32|§14-311">§ 14-311 {“Drive-through facilities”}</cite>. Ord. 16-581

Unless otherwise permitted by this title or in subsections (b) or (c) of this section, parking spaces must be surfaced and maintained with a dustless all-weather material in accordance with the Baltimore City <cite data-path="|building-codes|II">Building Code</cite>. For single-family detached and semi-detached dwellings, a parking space may consist of 2 parallel paved parking strips, each of which is at least 18 inches wide and at least 18 feet long. For single-family detached, semi-detached, and rowhouse dwellings, driveways may be constructed of semi-pervious materials, such as grass-crete, pervious pavers, and gravel. Ord. 16-581 Ord. 18-171

Off-street parking areas of 5 or more spaces must delineate the parking spaces with paint or other permanent materials, which must be maintained in clearly visible condition. Accessible parking spaces must be identified with the appropriate sign and must be visible at all times of the year. Ord. 16-581

Wheel stops or curbing must be provided to prevent vehicles from damaging or encroaching on an adjacent parking or loading space, sidewalk, landscaped area, or parking lot island, fence, wall, or building. Curbing must be at least 6 inches in height, in accordance with <cite data-path="|building-codes|II">Building Code</cite> <cite data-path="|building-codes|II|3116.5">§ 3116.5</cite> {“Curbs or bumpers”}. Ord. 16-581 Ord. 20-361

Parking lot lighting must comply with § 15-505 {“Exterior lighting”} of this Code. Illumination of an off-street parking area must be arranged so as to deflect light away from adjacent properties and streets. Ord. 16-581

Adjacent commercial uses that possess dedicated parking areas are encouraged to provide a cross-access drive to allow circulation between sites. For new commercial and office uses, a system of joint-use driveways and cross-access easements is encouraged where feasible. Commercial property owners are encouraged to pursue cross-access with neighboring property owners when site plan review is requested. If cross-access will be provided, the Zoning Administrator may require that the property owner provide proof that adjacent property owners have been contacted in writing regarding the provision of cross-access. Joint-use driveways and cross-access easements shall incorporate the following:a minimum width of 24 feet to ensure 2-way travel aisles to accommodate automobiles, service vehicles and loading vehicles; bump-outs and other design features to make it visually obvious that the abutting properties are tied together; and a unified access and circulation plan for coordinated or shared-parking areas. Property owners who establish cross-access easements under this section shall:record an easement that allows cross-access to and from properties served by the joint-use driveways and cross-access easement; record an easement to the effect that remaining access rights along the roadway will be dedicated to the City, and that any pre-existing driveways will be closed and eliminated after construction of the joint-use driveway; and record a joint maintenance agreement that defines the maintenance responsibilities of each property owner. Ord. 16-581

Except as provided in paragraph (2) of this subsection, required bicycle spaces must be at least 2 feet wide by 6 feet long, with a minimum overhead vertical clearance of 7 feet 6 inches. Approved bike lockers and other enclosures may be shorter than the dimensions described in paragraph (1) of this subsection. All bicycle parking spaces required by this title must be used solely for the parking of bicycles. If required bicycle parking facilities are not visible from the street, signs must be posted to indicate their location. These signs must comply with Title 17 {“Signs”} of this Code. Areas used for required bicycle parking must be paved and drained to be reasonably free of mud, dust, and standing water, and must be well-lighted. Bicycle parking must be designed so that bicycles may be securely locked without undue inconvenience and will be reasonably safeguarded from intentional or accidental damage. Bicycle parking must be provided at ground level unless an elevator is easily accessible to an approved bicycle storage area. Bicycle parking must be positioned so as to minimize interference with pedestrian movements. If required bicycle parking is provided in lockers, the lockers must be:lockable;. capable of fully enclosing the bicycle; securely anchored; constructed from a strong, weather-resistant, and low- to no-maintenance material; clearly labeled as bicycle parking; constructed with doors that open at least 90 degrees to allow easy loading and unloading; posted with information about how to use bicycle lockers (user-provided locks, leasing, sign-up system, smart cards, etc.) on or near the lockers; and if the lockers are stacked on top of each other, equipped with a wheel guide tray or other mechanism to assist the user with lifting the bicycle. Required bicycle parking may be provided in floor racks. Wall and ceiling rack designs are subject to the approval of the Director of Planning as part of site plan review as follows:in no case of new construction of a building may more than 50% of the required bicycle parking spaces be provided as wall or ceiling racks; and in no case of building rehabilitation or adaptive reuse of a building may more than 75% of the required bicycle parking spaces be provided as wall or ceiling racks. If required bicycle parking is provided in racks, the racks must meet the following standards:the bicycle frame and 1 wheel must be lockable to the rack with a high security, U-shaped shackle lock if both wheels are left on the bicycle; a bicycle 6-feet long can be securely held with its frame supported so that the bicycle cannot be pushed or fall in a manner that will damage the bicycle in any way; the racks must support a bicycle in at least 2 places, preventing it from falling over; and the racks must be solidly constructed, resistant to rust and corrosion, d resistant to hammers and saws, and anchored so that they cannot be easily removed. Bicycle parking and maneuvering areas for bicycling parking must meet the following standards:each required bicycle parking space must be accessible without moving another bicycle; there must be an aisle at least 5 feet wide behind all required bicycle parking to allow room for bicycle maneuvering; and if the parking area adjoins a sidewalk, the maneuvering area may extend into the right-of-way. Covered bicycle parking may be provided inside buildings, under roof overhangs or awnings, in bicycle lockers, or within or under other structures. If required bicycle parking is to be covered and is not within a building or locker, the cover must be:permanent; designed to protect the bicycle from rainfall; and at least 7 feet and 6 inches above the floor or ground. All required bicycle parking spaces must be made available to the public as follows:required short-term bicycle parking spaces must be available for shoppers, customers, messengers, and other visitors to the site; required long-term bicycle parking spaces must be available for employees, students, residents, commuters, and others who remain at the site for several hours. Bicycle parking spaces must be designed in accordance with Table 16-701: Bicycle Parking Dimensions. Alternate designs for bicycle parking may be approved by the Director of Planning as part of site plan review. Ord. 16-581 Ord. 17-015 Ord. 18-216 Ord. 22-181

All required bicycle spaces must be located on the same lot as the use served. However, required bicycle spaces may be constructed in the public right-of-way, subject to obtaining a minor privilege permit. Required long-term bicycle parking for residents of dwellings, dormitories, fraternities, or sororities must be provided in garages, storage rooms and other resident-accessible, indoor, secure areas. Space within dwelling units or on balconies may not be counted toward satisfying bicycle parking requirements. Ord. 16-581

Short-term bicycle parking must be: outside a building; at the same grade as the sidewalk or at a location that can be reached by an accessible route; and within the following distances of the main entrance:for a building with 1 main entrance, the bicycle parking must be within 50 feet of that entrance, as measured along the most direct pedestrian access route; for a building with more than 1 main entrance, the bicycle parking must be along all facades with a main entrance, and within 50 feet of at least 1 main entrance on each facade that has a main entrance, as measured along the most direct pedestrian access route; for a site that has more than 1 primary building, but is not an institutional campus, the bicycle parking must be within 50 feet of a main entrance, as measured along the most direct pedestrian access route and distributed to serve all primary buildings; and on an institutional campus with more than 1 building or main entrance, the bicycle parking must be either:within 50 feet of a main entrance, as measured along the most direct pedestrian access route; and if the short-term bicycle parking is more than 50 feet from a main entrance, it must be in a common bicycle parking location along a pedestrian access route. Ord. 16-581

Long-term bicycle parking must be:located:on the site; or in an area where the closest point is within 300 feet of the site; located either at ground level, on the ground floor of a building, or easily accessible by elevator; covered; in at least 1 of the following locations, to provide security:in a locked room; or in an area that is enclosed by a fence, either 8 feet high or from floor to ceiling, with a locked gate; and provided as outlined in (4) of this subsection, except in certain conditions of public assembly, such as for stadiums and arenas, the Director of Planning and the Site Plan Review Committee may approve at least 1 of the following in place of those requirements in paragraph (4) of this subsection:within view of an attendant or security guard; in an area that is monitored by a security camera; and in an area that is visible from employee work areas. In instances where more than 9 long-term bicycle parking spaces are required, a minimum of 10% of the total spaces must:be dedicated as cargo, family, or adaptive bicycle parking; and adhere to the following additional standards:the spaces must be floor-mounted; each space must have an electric outlet for bicycle charging; and each space must have a minimum dimension of 4 feet wide by 9 feet long. Ord. 16-581 Ord. 22-181

Bicycle parking spaces must be provided as indicated in Table 16-705: Required Bicycle Spaces. No bicycle parking is required for uses not listed in Table 16-705. Structures under 2,500 square feet in gross floor area are exempt from bicycle parking requirements. In all cases where only 1 of either or both a long-term or short-term bicycle parking space would be required by a Table 16-705 calculation, a minimum of 2 long-term or short-term spaces, as the case may be, must be provided. After the first 50 bicycle parking spaces are provided, additional bicycle parking spaces required are at one-half of the space-per-unit listed. If the expected need for bicycle parking for a particular use is uncertain due to unknown or unusual operating characteristics of the use, the Director of Planning may authorize the deferral of up to 50% of the bicycle parking spaces. Land area required for deferred bicycle parking spaces must be maintained in reserve. Ord. 16-581 Ord. 17-015 Ord. 18-171 Ord. 22-181

The following restrictions apply to the storage or parking of commercial vehicles on private property that is zoned for residential use. Only standard-sized, passenger vehicles including, but not limited to, automobiles, passenger size livery vehicles, vans, sports utility vehicles (SUVs), and pick-up trucks are permitted to be stored or parked outdoors overnight on private property that is zoned for residential use. All other commercial vehicles including, but not limited to, semi-truck tractor units, with or without attached trailers, commercial trailers, buses, limousines (excluding passenger size livery vehicles), tow trucks, or construction vehicles, are prohibited from being stored or parked outside overnight on private property that is zoned for residential use. Ord. 16-581 Ord. 18-171

The parking or storage of recreational vehicles or similar camping equipment must meet the following conditions. No recreational vehicle or trailer licensed to transport recreational vehicles or equipment may be parked or stored on private property that is zoned for residential use unless it is parked or stored:in a fully enclosed structure, not including a temporary storage tent; or on a paved surface:in the rear yard of the lot; and at least 3 feet from the side and rear lot lines. This subsection does not apply to recreational vehicles offered for sale in an approved outdoor sales and display area of a recreational vehicle dealership. No recreational vehicle may be used for living, sleeping, or housekeeping purposes. No recreational vehicle may have fixed connections to electricity, water, gas, or sanitary sewer facilities. All recreational vehicles must be maintained in mobile condition. No recreational vehicle may be parked or stored in a manner that creates a dangerous or unsafe condition on the lot where parked or stored. Parking or storage in a way that the recreational vehicle, whether loaded or not, might tip or roll is considered a dangerous and unsafe condition. The recreational vehicle equipment must be kept in good repair and carry a current year’s license and registration. Ord. 16-581 Ord. 18-171

In this section, the following terms have the meanings indicated. “Derelict vehicle” means a vehicle that exhibits a defect, damage, or deterioration sufficient to preclude proper operation on the highway. “Unlicensed vehicle” means:an unregistered vehicle; or a vehicle on which current registration tags are not displayed. Outdoor storage or maintenance of abandoned, derelict, or unlicensed vehicles is prohibited in all districts. Ord. 16-581

All off-street loading spaces must be located on the same lot as the building or use served. No off-street loading space may project into a public right-of-way. No off-street loading space may be located in a front yard. All required off-street loading spaces must be at least 12 feet wide and 35 feet long, exclusive of aisle and maneuvering space, and must have a vertical clearance of at least 14 feet. However, a larger loading space may be required through site plan review. All structures that, on June 5, 2017, maintain loading spaces that do not comply with the dimensions required by this section are considered to be legally conforming in terms of loading space dimensions. If new loading spaces are constructed, those spaces must match the dimensions of the existing loading spaces rather than those of this section. All off-street loading spaces must be paved with a durable, all-weather material, such as concrete or asphalt. Semi-pervious materials may also be used, subject to the approval of the Department of Transportation and verification that the materials can support the weight of vehicles and their loads. Off-street loading facilities must be drained to eliminate standing water and prevent damage to adjoining property or public streets. Off-street loading areas must be maintained in a clean, orderly, and dust-free condition. Each off-street loading space must be designed with adequate means of vehicular access to a street that is at least 15 feet wide in a manner that will minimize interference with traffic movement. Loading facility lighting must be in accordance with § 15-505 {“Exterior lighting”} of this Code. Illumination of an off-street loading facility must be arranged so as to deflect the direct rays of light away from adjacent properties and streets. All loading facilities must be landscaped and screened from public view in accordance with the requirements of the Baltimore City Landscape Manual. Ord. 16-581 Ord. 17-015

Off-street loading spaces must be provided in accordance with Table 16-902: Off-Street Loading Requirements for a building, structure, or use that requires the receipt or distribution of materials or merchandise by trucks or other vehicles. In the case of multi-tenant buildings or mixed-use developments, required loading spaces are calculated on the basis of each individual tenant. For example, if only 1 commercial tenant of a multi-tenant building is over 10,000 square feet, only one 1 loading space is required; if all tenants are 10,000 square feet or less, no loading is required. In no case is a structure required to provide more than 5 loading spaces. All structures that were constructed before June 5, 2017, without on-site loading spaces are considered to be legally conforming in terms of loading space requirements. No new loading spaces are required to be constructed. Ord. 16-581 Ord. 17-015

The reasonable and adequate display of signs is allowed under this title. There is a substantial need to regulate the display of signs through the adoption of this title to address the following concerns:the number, size, design characteristics, and locations of signs in the City directly affect the public health, safety, and welfare; and many signs are distracting and dangerous to motorists and pedestrians, are confusing to the public, are poorly located, and substantially detract from the beauty and appearance of the City. The purposes and intent for the enactment of this title are:to protect the health, safety, and general welfare of the people in Baltimore City and to implement the policies and objectives of the City of Baltimore through the enactment of a comprehensive set of regulations governing signs in the City of Baltimore; to regulate the erection and placement of signs within the City of Baltimore in order to provide safe operating conditions for pedestrian and vehicular traffic without unnecessary and unsafe distractions to drivers or pedestrians; to maintain an aesthetically attractive city in which specific types of signs are allowed in zoning districts consistent with the uses, intent, and aesthetic characteristics of those districts; to establish comprehensive sign regulations that balance legitimate business and development needs with a safe and aesthetically attractive environment for residents, workers, and visitors to the City of Baltimore; to provide fair and reasonable opportunities for the identification of businesses located within the City of Baltimore; to provide for the identification of the availability of products, goods or services of businesses located within the City of Baltimore and to promote the economic vitality of these businesses; to ensure the protection of free speech rights under the State and United States Constitutions within the City of Baltimore and in no event place restrictions that apply to any given sign dependent entirely on the communicative content of the sign; to allow signs that are, safe, unobtrusive, and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of this title; and to prohibit all signs not expressly authorized by this title, to provide for the maintenance of signs, and to provide for the enforcement of the provisions of this title. Ord.18-216

In this title, the following terms have the meanings indicated. “A-frame sign” means a sign, ordinarily in the shape of the letter “A”, or some variation of it, that is displayed on the ground, not permanently attached, and usually 2-sided. Above ground floor.“Above ground floor” means the occupiable space in a building that is above the ground floor. “Above ground floor” does not include:anything determined to be the ground floor as defined in this section; any exterior or interior spaces created from or defined by the structural or architectural items described in <cite data-path="|32|§15-301|(b)">§ 15-301(b) of this article</cite>; interior loft space or mezzanine space within the volume of the ground floor; or anything otherwise described in <cite data-path="|32">this article</cite> as not above ground floor. “Attention-getting device” means any pennant, flag, feather flag, festoon, spinner, streamer, searchlight, balloon, inflatable sign, strobe light, or similar device or ornamentation designed for the purpose of attracting attention. “Awning or canopy sign” means a sign that is printed on, or is attached above, on, or under the outer edge of, an awning, canopy or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. “Banner Sign” means a sign that:is printed or displayed on cloth or other flexible material; is attached to a frame, a pole or other structure on a lot; is mounted flat against the wall of a structure or projects from a structure; and is mounted and attached to a structure that is meant to be durable and permanent. A banner sign may be either a freestanding banner sign, a projecting banner sign, or a wall mounted banner sign. For purposes of this definition:“freestanding banner sign” means any banner sign, including a flag, that is attached by only one side to a pole, frame, or any structure and hanging freely so that it can flutter or move in the wind; “projecting banner sign” means any banner sign that is mounted non-parallel to a building wall or any other surface of a structure and is attached on multiple sides to a rigid frame that is attached to a structure; and “wall mounted banner sign” means a banner sign that is attached to a building wall and projects no more than 8 inches from the wall, with the exposed face of the sign in a plane parallel to the face of the wall. “Banner sign” does not include any provisional fence sign or attention-getting device. See “Awning or canopy sign”. “Changeable copy sign” means a permanent sign that contains a part that allows copy to be changed manually “Electronic sign” means a sign or portion of a sign that uses changing light to form a message or messages in text, digital graphics, or digital animation, where the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes. “Electronic sign” includes an electronic display screen. For purposes of this definition, “electronic display screen”:means the portion of an electronic sign that displays digital art or an electronic graphic, image, or video, which may or may not include text; and includes any television screen, plasma screen, digital screen, flat screen, LED screen, video boards holographic display, projected video sign, and exterior wall integrated technology. See “Banner sign”. “Freestanding sign” means a sign that:is made of durable material that is not cloth or other flexible material; and is placed on or supported by the ground, independent of the principal structure on the lot. “Freestanding sign” does not include a banner sign. A freestanding sign may be either a freestanding monument sign, a freestanding pole sign, or a freestanding pylon sign. For purposes of this definition:“Freestanding monument sign” means any freestanding sign that is placed directly on the ground or supported by a decorative base, including a post, pole, or other structure, that is an integral part of the sign design. “Freestanding pole sign” means any freestanding sign that is erected and maintained on 1 or more freestanding poles, uprights, or braces directly inserted into the ground and is not attached to any other structure. “Freestanding pylon sign” means any freestanding sign that is supported by a support structure that is a solid-appearing base constructed of a permanent material, such as concrete block, brick, or metal. The ground support does not include any post, pole, or other structure. “Ground floor” means the first level of occupiable space of a building. Exclusions. “Ground floor” does not include:anything determined to be above ground floor, as defined in this section; basement or sub-basement spaces; or anything otherwise described in <cite data-path="|32">this article</cite> as not ground floor. See “Freestanding sign”. “Moving sign” means a sign that, in whole or in part, rotates, elevates, or in any way alters position or geometry. “Moving sign” does not include an analog clock. “Nonconforming sign” means a sign that was lawfully erected and maintained under a previous version of this Code but does not now conform to the requirements of this Code. “Open-structural framework sign” means a sign that is attached to an expressed or projecting structural member of a building below the roofline of any roof surface of any section of the building. The sign:may be attached above, on, or under the structural member; but may not be located on a roof or above the roofline of any roof surface of any section of the building. “Painted/mural sign” means a sign applied directly to the wall of a building or other permanent structure element on a lot through paint, glue, or other medium application without the use of fasteners, frames, or other support structures. For the purposes of this definition:a painted/mural sign lies on the same plane of the structure to which it is applied, unless otherwise specified in this title; and a structure shall include building walls, roofs, architectural elements, fences, driveways, parking lots, or other paved areas, and structural or architectural items described in <cite data-path="|32|§15-301|(b)">§ 15-301(b) of this article</cite>. A “painted/mural sign” does not include:wall signs; awning or canopy signs; projecting signs; window signs; or roof signs. See “Freestanding sign”. See “Banner sign”. “Portable sign” means a sign whose principal supporting structure is intended, by design and construction, to rest on the ground for support and may be easily moved or relocated. “Portable sign” includes a sign mounted on a trailer, wheeled carrier, or other non-motorized mobile structure, with wheels or with wheels removed. “Portable sign” does not include an A-frame sign, even if the A-frame sign is designed to be easily moved. See “Banner sign”. “Projecting sign” means a sign that:is made of a durable material that is not cloth or other flexible material; is attached to a building or other structure; and extends beyond the surface of the building or structure to which it is attached. “Projecting sign” includes:any sign that is non-parallel to the face of the wall of a structure; and any sign that:is in a plane parallel to the face of the wall of a structure; and projects more than 12 inches from that wall. “Projecting sign” does not include any:banner sign; or roof sign. “Provisional fence sign” means a sign placed on any fence that is constructed or installed primarily for the purposes of making a safety perimeter around a construction site. “Roof sign” means a sign that:is erected, constructed, or maintained on any roof surface, on any permitted projection on a roof, or has 30% or more of the sign face above any parapet of a building; and has its principal support attached to the roof structure or behind the parapet of a building. “Wall sign” means a sign:that is made of a durable material that is not cloth or other flexible material; that is mounted flat against or painted on the wall of a structure; that projects no more than 12 inches from the wall, with the exposed face of the sign in a plane parallel to the face of the wall; and whose sign face extends less than 30% beyond the roof line or parapet of a building. “Wall sign” does not include any:banner sign; painted/mural sign; roof sign; or window sign. See “Banner sign”. “Window sign” means a sign that:is intended for viewing from the exterior of a building; and is:attached to, placed on, or printed on the interior or exterior of a window of the building; attached to, placed on, or printed on a door of the building; or displayed within 12 inches of a window of the building. “Window sign” does not include a painted/mural sign, as defined in this section. Ord.18-216 Ord. 20-350 Ord. 22-181

No sign may be erected, relocated, or structurally altered unless in accordance with this Code. All signs are subject to the location, height, quantity, and dimensional requirements of Table 17- 201: Sign Regulations and as otherwise stated in this title. A sign is allowed within a zoning district only if and to the extent that:Table 17-201: Sign Regulations expressly lists that sign type as allowed within that zoning district; and the sign complies with all other requirements of this title applicable to that sign type. Non-obscene wording and non-obscene graphics on table umbrellas are not governed by this title. Ord.18-216

All signs must also comply with the placement restrictions of the Baltimore City <cite data-path="|building-codes|II">Building Code</cite>, Appendix H {“Signs”}. No sign mounted on the exterior or interior of a building may cover any part of a window, door, or prominent architectural feature unless otherwise expressly allowed in <cite data-path="|32">this article</cite>. Any painted/mural sign that seeks to cover any window, door, or prominent architectural feature must have design review approval. Any painted/mural sign that seeks to cover any window or portion of a window must comply with the transparency requirements described in <cite data-path="|32|§17-416">§ 17-416 {“Window signs”} of this title</cite>. Ord.18-216 Ord. 22-181

In this section, “commercial speech” means:speech that proposes a commercial transaction; or expression related solely to the economic interests of the speaker and its audience. To avoid favoring commercial speech over noncommercial speech or favoring the expression of any particular noncommercial message over any other noncommercial message, noncommercial speech is allowed wherever commercial speech is allowed under this Code. Ord.18-216

The structural design and construction of signs, including their supports, must comply with the applicable requirements of the <cite data-path="|building-codes">City Building, Fire, and Related Codes Article</cite>. Supports and braces must be an integral part of the sign design. Supports and braces must be hidden from public view to the extent technically feasible, unless they are intended as a decorative part of the sign design. All letters, figures, characters, or representations in cut-out or irregular form, maintained in conjunction with, attached to, or superimposed on any sign must be safely and securely built or attached to the sign structure. Unless otherwise provided in this title, all signs, including electronic signs, are subject to the illumination requirements of this subsection. Goose-neck fixtures and indirect spotlights are allowed on awning signs, canopy signs, freestanding signs, projecting signs, and wall signs. All exterior lighting intended to illuminate a sign must concentrate the illumination on the area of the sign that minimizes glare on the street or adjacent property. All sign illumination must be designed, located, shielded, and directed to minimize:casting glare or direct light on adjacent publicly dedicated roadways and surrounding properties; and distraction of motorists or pedestrians in the public right-of-way. Freestanding signs, projecting signs, roof signs, wall signs, and window signs may be internally illuminated. For the purposes of this title, an indirectly illuminated sign is a sign illuminated with a light that is directed primarily toward the sign and shielded to minimize rays from the light being visible anywhere other than on the lot where the sign is located. Ord.18-216 Ord. 22-181

All signs and the premises surrounding them must be maintained in a clean and sanitary condition, free and clear of all noxious substances, rubbish, and weeds. All unused sign hardware or wiring must be removed. The following activities are allowed with proper permits as long as there is no increase in sign dimensions or change in structure:changing the copy or message on an existing changeable copy sign, whether illuminated or non-illuminated; painting, repainting, cleaning, changing allowed items of information, or other normal maintenance and repair of a sign, including replacement of lights and sign face, but not involving structural changes or the change in the size of the sign; refacing an existing sign, unless located in an Historical and Architectural Preservation District or listed on a Landmark List: Exteriors or a Special List: Exteriors, in which case the proposed activity must be referred to the Commission for Historical and Architectural Preservation in accordance with its review process; replacement of the digital screen on an electronic sign; replacement of broken or physically damaged sign supports; and modifications necessary to improve the safety of existing signs. If the Building Official finds that any sign or other structure defined in this title is unsafe or insecure, or has been constructed, erected or is being maintained in violation of this title, the Building Official must give written notice to the sign permit holder, if applicable, and the property owner. If the sign permit holder or the property owner fails to cure the violation, the sign may be removed by the City at the expense of the sign permit holder or the property owner. The City may cause any sign or other structure defined in this title that is an immediate peril to individuals or property to be removed summarily and without notice. Ord.18-216

Except for roof signs, any lot with more than 1 principal building on that lot may have signage on each building that complies with the rules of the respective sign type in this title, Table 17-201: Sign Regulations, and Table 17-306: Maximum Cumulative Areas of Signs. Unless otherwise provided in this title, the aggregate maximum area of signage allowed for each building may not be combined or split. Freestanding monument signs may be installed on lots adjacent to and contiguous with residential developments of 20 units or more if the units are in a single building or part of a major subdivision or redevelopment of contiguous and adjoining lots. The aggregate maximum sign area per sign type, as calculated under <cite data-path="|32|§17-306">§ 17-306 of this title</cite>, may be split into multiple signs and dispersed on a single lot for the following sign types, zoning districts, and uses:freestanding monument signs and freestanding pylon signs for approved drive-through facilities in the C-2, C-3, C-4, and C-5 Zoning Districts; freestanding monument signs and freestanding pylon signs for uses in the C-2, C-3, C-4, and C-5 zoning districts where the lot is 10,000 square feet or greater or has more than one principal building on a lot; freestanding monument signs, freestanding pylons signs, and wall signs where there is more than 1 principal building on a lot in the EC-1, EC-2, OS, H, OIC, and BSC zoning districts. This option must be documented in a signage package; wall signs above ground floor in the C-1, C-1-E, and C-2 zoning districts may be split into no more than 4 signs; wall signs above ground floor in the C-3, C-4, C-5, TOD-4, BSC, H, I-1, I-2, and PC Zoning Districts; and the maximum area of a sign cannot be varied to create more sign area and then split into multiple signs nor can a sign that results from the split be later replaced with a larger sign; and multi-family dwellings of 50 units or more in the R-8, R-9, R-10, or OR-2 zoning districts that have ground floor commercial uses and are subject to § 14-327 {“Multi-family dwellings - Accessory non-residential uses.”}, may follow projecting sign and wall sign requirements for the C-1 zoning district as provided for in Table 17-201: Sign Regulations and Table 17-306: Maximum Cumulative Area of Signs. If sign splitting is used, a 15% automatic total maximum area increase may be applied to the aggregate base maximum area permitted before the sign splitting is used, subject to the following:the maximum sign area automatic increase under this subsection may not be further increased by the Board of Municipal and Zoning Appeals; and all signs under this subsection must be permitted at the same time on the same permit and the increase documented on the permit. Single-story, single-tenant buildings that are 15,000 square feet or greater in the C-2, C-3, C-4, C-5, and PC zoning districts may use the above ground floor signage allotment for wall signs in Table 17-201: Sign Regulations if the sign type distinguishes the allotment between ground floor and above ground floor. Ground floor tenants 15,000 square feet or greater in a multi-tenant building with direct street access in the C-2, C-3, C-4, C-5, and PC zoning districts may use the above ground floor signage allotment for wall signs in Table 17-201: Sign Regulations if the sign type distinguishes the allotment between ground floor and above ground floor, subject to the following:applicable only to uses outlined in the commercial and institutional use categories of the underlying zoning district; for the application of this title, Table 17-201: Sign Regulations, and Table 17-306: Maximum Cumulative Areas of Signs for buildings whose main entrance does not front a right-of-way (not including an un-named alley or named alley), the building frontage is designated as the elevation that has the main entrance to the building or tenant; and the building frontage or tenant frontage must be 40 feet wide or greater. The following rules apply for signage within planned unit developments:Unless otherwise specified in an individual planned unit development ordinance, all existing planned unit developments established or that have had a major change after June 5, 2017 must follow the rules specified in this title, Table 17-201: Sign Regulations, and Table 17-306: Maximum Cumulative Areas of Signs. Any designated business planned unit development established prior to June 5, 2017 that has an underlying residential zoning and that does not expressly address signage must follow the rules specified for the C-2 zoning district in this title, Table 17-201: Sign Regulations, and Table 17-306: Maximum Cumulative Areas of Signs Subject to Title 17, Subtitle 5 of <cite data-path="|32">this article</cite>, Title 15 of <cite data-path="|32">this article</cite>, and any other applicable portions of this Code, an Area of Special Signage Control may be incorporated in the ordinance of a new planned unit development. This paragraph applies only to new planned unit developments or existing planned unit developments that are being repealed and replaced. This paragraph does not apply to existing planned unit developments. For a planned unit development that does not have an Area of Special Signage Control, either incorporated within the planned unit development ordinance or separately, the aggregate of the maximum allowable freestanding monument and pylon signage may be split among all buildings on that lot, not to exceed the aggregate area allowed by adding the maximum allowable area of each sign by the quantity of signs allowed by Table 17-201: Sign Regulations and Table 17-306: Maximum Cumulative Areas of Signs, unless otherwise provided within this title. This option must be documented in a signage package within the planned unit development ordinance. For existing planned unit development where there is a signage package, the signage package may be amended as a minor change. If there is a conflict between an Area of Special Sign Control and a planned unit development ordinance, the planned unit development ordinance prevails. If using the sign splitting option, the Board of Municipal and Zoning Appeals may not increase the aggregate area of a sign. Ord. 22-181

Sign area is measured as provided in §§ 17-302 through 17-306 of this subtitle. Sign height is measured as provided in <cite data-path="|32|§17-307">§ 17-307 of this subtitle</cite>. Ord.18-216

For signs on a background, the entire area of the framework or background of the sign is calculated as sign area, including any material or color forming the sign face or background used to differentiate the sign from the structure against which it is placed. Sign area does not include any framework or bracing, unless the framework or bracing is part of the message or sign face. For signs consisting of freestanding letters or logos, the sign area is calculated as the total area of each square, circle, rectangle, triangle, or combination of these, that encompasses each individual letter or logo. Sign area does not include any supporting framework or bracing, unless the framework or bracing is part of the message or sign face. Window signs printed on a transparent film and affixed to a windowpane are calculated by their individual letters or logos, as long as the portion of the transparent film around the perimeter of the individual letters or logos maintains the transparency of the window. A single design in the same plane or elevation shall be considered 1 sign. For painted/mural signs that include both signage and art in a single design, the signage area shall be calculated as the combined area of the signage portion or portions, provided that the signage is in the same plane or elevation. Ord.18-216 Ord. 22-181

Necessary supports or uprights on which the sign is placed are not included in the computation. Ord.18-216

If a sign has 2 or more faces, the area of all faces is included in determining the area of the sign, except as specified in subsection (b) of this section. If 2 faces are placed back to back and are nowhere more than 2 feet apart (excluding necessary supports or uprights), the area of the sign is taken as:the area of 1 face, if the 2 faces are of equal area; and. the area of the larger face, if the 2 faces are of unequal area. Ord.18-216

The sign area of a three-dimensional, free-form, or sculptural (non-planar) sign is calculated as 50% of the sum of the area of the 4 vertical sides of the smallest cube that will encompass the sign. Ord.18-216

The total cumulative square feet of all signs on a lot may not exceed the amounts specified in Table 17-306: Maximum Cumulative Area of Signs, except as allowed in an approved Signage Plan for an Area of Special Signage Control, where those maximums may be exceeded to the extent provided by that Table. Ord.18-216

The height of a sign is determined by measuring the vertical distance from the uppermost point used to measure the area of a sign to the ground immediately below that point or to the level of the upper surface of the nearest curb of a street or alley, whichever measurement allows the greater elevation of the sign. The width of a sign is determined by measuring the horizontal distance from the outermost points of either edge of the sign perpendicular to the ground plane. Poles, uprights, braces, and other support structures must be contained within the maximum height. For freestanding pole signs, the minimum pole height is determined by measuring the vertical distance from the lowest point of where the sign’s message or graphics begins to the ground immediately below that point or to the level of the upper surface of the nearest curb of a street or alley, whichever measurement allows the greater elevation of the sign. Ord.18-216

For any building subject to this title, the building frontage shall be identified and calculated based on the building elevation that is parallel to and immediately adjacent to the right-of-way (excluding un-named or named alleys) or the parking lot drive aisle on which the main entrance fronts. For ground floor tenants with direct street access, tenant frontage shall be calculated per linear foot of exterior facing frontage for that tenant. Ord. 22-181

Except as provided in subsection (b) of this section or as otherwise provided in <cite data-path="|32">this article</cite>:the “maximum area per sign” specified in Table 17-201: Sign Regulations is the maximum area allowed for each sign per sign type allowed; the “maximum quantity” specified in Table 17- 201: Sign Regulations is the total number of signs per sign type allowed; and the aggregate maximum sign area per sign type is calculated by multiplying the “maximum area per sign” by the ‘maximum quantity” of that sign type as specified in Table 17-201: sign regulations. Any sign that is required by the City Building, Fire, and Related Codes and that is 2 square feet or less does not count towards:the allowable maximum quantity specified in Table 17- 201: Sign Regulations: the maximum area per sign specified in Table 17- 201: Sign Regulations; or the maximum cumulative area of signage specified in Table 17-306: Maximum Cumulative Area of Signs. Any sign over 2 square feet or any sign described in paragraph (1) of this subsection is subject to the applicable rules of this title, Table 17-201: Sign Regulations, and Table 17-306: Maximum Cumulative Areas of Signs. Ord. 22-181

A-frame signs are allowed only:for non-residential uses; and in the zoning districts specified in this title or in Table 17-201: Sign Regulations. An A-frame sign:may only be placed:on the same property as the non-residential use to which it relates, within 30 feet of that use’s primary entrance; or on the right-of-way in front of that property; and may not:interfere with pedestrian traffic; or violate standards of accessibility as required by the ADA or other accessibility codes. An A-frame sign may only be placed outdoors between hours of operation. The sign must be stored indoors at all other times. An A-frame sign may not be placed outdoors during high-wind or heavy-rain conditions. The sign must be stored indoors during these conditions. Ord.18-216 Ord. 22-181

No person may place any sign, poster, placard, device, graphic display, or other item that advertises alcoholic beverages or cigarettes in any publicly visible location, including any outdoor billboard, side of a building, or freestanding sign. In this subsection, “licensed premises” means:as to alcoholic beverage signs, a premises that operates under an alcoholic beverages license or permit issued under the State Alcoholic Beverages Article; and as to the cigarette signs, a premises that operates under a cigarette business license issued under Title 16 of the State Business Regulation Article. This section does not apply to the placement of signs:inside a licensed premises; in conjunction with a temporary or 1-day alcoholic beverages license granted by the Board of License Commissioners; in an Area of Special Signage Control advertising for a business located within the Area of Special Signage Control that holds a manufacturer’s license issued under <cite data-doc="Md. Code" data-path="gab">Title 2, Subtitle 2 of the Alcoholic Beverages Article of the Maryland Code</cite>; or on property owned, leased, or operated by the Maryland Stadium Authority. This section does not apply to any window or exterior wall sign of a licensed premises that meets all of the following criteria:the sign is intended to identify the licensed premises, by containing its name, slogan, or logo; the sign covers no more than 15% of the window or exterior wall area on which it is displayed; and the licensed premises has no other window or exterior wall sign along the same street frontage. For purposes of this paragraph (3):a “window” comprises all the glass panes within the main frame of the window area; and the maximum 15% coverage is calculated based on the total area within the external window frame. Notwithstanding the foregoing, any billboard that advertises alcoholic beverages shall be located at least 500 linear feet from established and conspicuously identified elementary or secondary schools, places of worship, or public playgrounds. Ord.18-216

The erection, placement, or construction of attention-getting devices is prohibited in the R-1-A through R-10, R-MU, OR-1, OR-2, and EC-1 Zoning Districts. The City may not issue permits for these signs or devices in these zoning districts. Attention-getting devices are subject to the following regulations. Attention-getting devices may not be erected or maintained in any location or in any manner that could endanger the public safety, interfere with or obstruct pedestrian or vehicular travel, or create a traffic safety problem. Attention-getting devices may not be erected or maintained within any public right-of-way. As a condition of a building permit, requirements may be imposed on the material, manner of construction, and method of erection as are reasonably necessary to assure the safety and convenience of the public. No inflatable promotional device may exceed 15 feet in height or the height of the of the principal building to which it relates, whichever is lower. No inflatable promotional device may be mounted on the roof of a structure. Ord.18-216

Awning or canopy signs and open-structural framework signs are allowed:in a residential use category, only on multi-family dwellings with 20 or more units, dormitories with 20 or more rooms, and residential-care facilities with 17 or more residents; in all other use categories, on all uses for which the sign is otherwise allowed under this title; and in the zoning districts specified in this title or in Table 17-201: Sign Regulations. Awnings and canopies must maintain at least 8 feet of vertical clearance from the ground. Awnings and canopies must be located at least 1 foot from the curb line. Signs placed underneath an awning or canopy or structural framework must maintain at least 8 feet vertical clearance from the ground. Signs attached to the awning, canopy, or open-structural framework may not project more than 6 inches beyond the awning, canopy, or open-structural framework. Signs may not be mounted on or extend beyond any roof surface. Signs may not be wider than 80% of the width of the awning or canopy. Signs may not be any taller than 2 feet. No messages or graphics printed on the top surface of any awning or canopy may exceed 25% of that top surface area. Awnings and canopies must be constructed out of canvas, canvas-like material, fabric, or metal. Back-lit box and plastic awnings and canopies are prohibited. Awnings, canopies, and open-structural frameworks must be securely attached to and supported by a building. All frames and supports must be made of metal or similar rigid material. Frames and supports may not be made of wood or plastics. Signs mounted underneath awnings, canopies, and open-structural frameworks must be securely fixed with metal supports. Awning or canopy signs and open-structural framework signs must be compatible in material and construction to the style and character of the building. When feasible, awning or canopy signs and open-structural framework signs should be generally aligned with others nearby to maintain a sense of visual continuity. Awning or canopy signs must be tailored to the opening of the building and positioned so that distinctive architectural features remain visible. Awning or Canopy signage may be applied to existing canopy structure on buildings in local historic districts and local landmarks that were previously used for signage as approved by the Commission for Historical and Architectural Preservation. Any electronic signage on existing canopies are subject to all applicable rules of <cite data-path="|32">this article</cite>, Table 17-201: Sign Regulations, and Table 17-306: Maximum Cumulative Area of Signs. Ord.18-216 Ord. 22-181

Banner signs are allowed: in a residential use category, only for multi-family dwellings with 20 or more units and dormitories with 20 or more rooms; in all other use categories, for all uses for which the sign is otherwise allowed under this title; in the zoning districts specified in this title or in Table 17-201: Sign Regulations. Ord.18-216 Ord. 22-181

Except as otherwise specifically provided in this Code, the erection, conversion, placement, or construction of new billboards, static or digital, is prohibited. No billboard may have audio speakers or any audio component. In this section, “digital billboard” means any billboard that is also an electronic sign. New billboards are only allowed in an Area of Special Signage Control. In addition:new non-digital billboards may only be located in a C-1, C-1-E, C-1-VC, C-5-DC, or PC Zoning District and may not exceed 50 square feet; and new digital billboards are subject to the following requirements:they may only be located in a C-2, C-3, C-4, C-5, TOD-4, or PC Zoning District; digital animation, streaming video, or images that move or give the appearance of movement are only allowed as described in the approved Signage Plan; and. all digital billboards must have ambient light monitors that automatically adjust the brightness level of the billboard based on ambient light conditions. Billboards may only be integrated into any other sign type listed in Table 17-201: Sign Regulations for that zoning district. An existing non-digital billboard may be converted to a digital billboard only if:it is accompanied by documentation that at least 3 existing billboard faces in the City have been removed for each new digital billboard face to be placed or erected; each message or image displayed on the digital billboard must be static or follow standards for electronic signs; digital animation, streaming video, or images that move or give the appearance of movement are prohibited; the digital billboard has ambient light monitors that automatically adjust the brightness level of the billboard based on ambient light conditions; the billboard does not have audio speakers or any audio component; the new digital billboard is not relocated by more than 15 feet in any direction from its original location; each billboard being removed is a minimum of 100 square feet; and the applicant submits proof of current billboard tax payment at the time of application for conversion. The Zoning Administrator shall maintain an account of removals of existing printed billboards and shall credit the account of the owner of a printed billboard for each printed billboard that is removed. In order to document the removal of a printed billboard, the owner shall submit to the Zoning Administrator a copy of the conversion permit for the removal of the billboard and photographs documenting the removal. A printed billboard removal credit may be reserved and used by the original owner of the credit within 5 years after the removal of the printed billboard. An existing billboard may not be converted to a digital billboard if:it is attached to a building that is 35 feet or less in height; it is a pole mounted billboard that is 35 feet or less in height; or it is located in or within 250 feet of a residential district. Ord.18-216

Electronic signs are allowed:in Residential Zoning Districts R-1A through R-10 for all uses allowed in the Institutional use category on lots with a minimum of 30 feet of building frontage and 7,500 square feet of lot area. in non-residential zoning districts:in a residential use category, only for multi-family dwellings with 50 or more units; and in all other use categories, for all uses for which the sign is otherwise allowed under this title; and in the zoning districts specified in this title or in Table 17-201: Sign Regulations. Category I: No larger than15 square feet. Category II: No larger than 50 square feet. Category III: No larger than 750 square feet. Category IV: No larger than 5,000 square feet. Category V: No larger than 10,500 square feet. Text and digital graphics must be static or have a minimum dwell time of 8 seconds. Digital animation and videos must have a maximum loop time of 1 minute. The dwell time for any previously approved electronic sign may be modified to 8 seconds without the need for any further approval. Electronic signs and electronic sign components may only be in the form of or integrated into sign types listed in this subtitle and Table 17-201: Sign Regulations. A standalone electronic sign must conform to:the requirements and maximum sign area for electronic signs, as provided in this subtitle and Table 17-201: Sign Regulations; and all other requirements for non-electronic sign types, as provided in this title, in Table 17-201: Sign Regulations, and in Table 17-306: Maximum Cumulative Area of Signs, unless otherwise specified by this title or these tables. Where electronic signs are allowed:an electronic sign component may be integrated into a non-electronic sign; the combined sign area of an electronic sign component and another sign type may not exceed the maximum sign area for the other sign type; and the electronic sign component may not exceed 25% of the maximum sign area for the other sign type. Category I electronic signs are subject to the following requirements:the electronic component may not exceed:15 square feet in area; plus the percentage deviation allowed by Table 17-201: Sign Regulations and specified in an approved Signage Plan; only 1 electronic sign is allowed per lot; each message displayed on an electronic sign is limited to text only, and that text must be static or depicted for at least 10 seconds; and electronic signs may only be in the form of or integrated into a freestanding sign or wall sign type. Category II electronic signs are subject to the following requirements:the electronic component may not exceed:50 square feet in area; plus the percentage deviation allowed by Table 17-201: Sign Regulations and specified in an approved Signage Plan; no more than 2 electronic signs are allowed per lot; the electronic signs may include text and digital graphics, but digital animation and video is only allowed in an Area of Special Signage Control; electronic signs may only be in the form of or integrated into a freestanding sign, projecting sign, or wall sign type, but if a projecting sign is used, the electronic component may not exceed 25 square feet; and in the C-5 and PC Zoning Districts, digital projection on windows is allowed on the ground floor. Category III electronic signs are subject to the following requirements:these signs are only allowed in an approved Area of Special Signage Control; the electronic component may not exceed:750 square feet in area; plus the percentage deviation allowed by Table 17-201: Sign Regulations and specified in an approved Signage Plan; the quantity and location of signs are as allowed by the approved Signage Plan; each message displayed on an electronic sign may include text, digital graphics, digital video, and digital animation; and electronic signs may only be in the form of or integrated into a freestanding sign, open structural framework, roof sign, or wall sign type. Category IV electronic signs are subject to the following requirements:these signs are only allowed in an approved Area of Special Signage Control; the electronic component may not exceed:5,000 square feet in area; plus the percentage deviation allowed by Table 17-201: Sign Regulations and specified in an approved Signage Plan; the quantity and location of signs are as allowed by the approved Signage Plan; each message displayed on an electronic sign may include text, digital graphics, digital video, and digital animation; and electronic Signs may only be in the form of or integrated into a freestanding sign, roof sign, open structural framework, or wall sign type. Category V electronic signs are subject to the following requirements:these signs are only allowed in an approved Area of Special Signage Control; the electronic component may not exceed:10,500 square feet in area; plus the percentage deviation allowed by Table 17-201: Sign Regulations and specified in an approved Signage Plan; the quantity and location of signs are as allowed by the approved Signage Plan; each message displayed on an electronic sign may include text, digital graphics, digital video, and digital animation; and electronic signs may only be in the form of or integrated into a wall sign type. Projecting electronic signs must maintain at least 8 feet vertical clearance from the ground. Electronic wall signs may project beyond 12 inches from the wall of a building face up to no more than 6 feet from the wall of the building face if:the electronic wall sign is 200 square feet or greater; is in an approved signage plan within an area of special signage control; the wall supports, necessary internal sign components, structural support, or maintenance access requires the projection beyond 12 inches and only to the minimum extent beyond 12 inches necessitated; maintains a clearance of at least 8 feet from the ground if the electronic wall sign does not rest on the ground; and meets all requirements of the <cite data-path="|building-codes|II">Building Code</cite> and any other applicable regulations. No electronic sign affixed to a building, including sign support structure, may project beyond the ends or top of the wall or higher than any roofline of the structure to which it is attached. In Local Historic Districts and Local Landmarks designated by the Commission for Historical and Architectural Preservation, electronic signage may be added to an existing canopy that is integral to the architecture of the building in accordance with all applicable rules of <cite data-path="|32">this article</cite>, Title 17, Table 17-201: Sign Regulations, and Table 17-306: Maximum Cumulative Area of Signs. Ord.18-216 Ord. 22-181

Freestanding signs are allowed:in a residential use category, only for multi-family dwellings with 20 or more units, dormitories with 20 or more rooms, and residential-care facilities with 17 or more residents; in all other use categories, for all uses for which the sign is otherwise allowed under this title; and in the zoning districts specified in this title or in Table 17-201: Sign Regulations. To erect a freestanding monument sign, the lot must have a minimum of 50 feet of frontage along a public right-of-way. To erect a freestanding pole sign or a freestanding pylon sign, the lot must have a minimum of 100 feet of frontage along a public right-of-way. All freestanding signs must be securely built, constructed, and erected on posts, bases, and standards that are sunk below the natural surface in a manner that will prevent the sign from overturning. On a freestanding pole sign, no message or graphic is allowed within the minimum pole height. On a freestanding pole sign, the poles, uprights, or braces may not be more than 25% of the width of the lowest point of the message or graphic being supported. Where allowed, all freestanding signs may only be placed within 20 feet of the front or corner side lot line of any lot adjoining a street right-of-way of at least 30 feet wide. The height of the open space between the ground and the message component of any freestanding monument sign may not exceed more than 40% of the total sign height. Unless otherwise provided in this title, the maximum square footage of multiple freestanding signs may not be combined to create a larger freestanding sign. No part of any freestanding sign may project into, over, or otherwise encroach on a public right-of- way. Ord.18-216 Ord. 22-181

Except as provided in subsection (b) of this section, no sign may have or consist of:any moving, rotating, or animated part; or any flashing, blinking, fluctuating, or animated light. The movement and flashing described in subsection (a) of this section is allowed on the following sign types:electronic signs; and barber poles or similar structures that have a rotating graphic. Ord.18-216

No sign may display any matter in which the dominant theme of the material taken as a whole appeals to a prurient interest in sex or is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters and is utterly without redeeming social value. Ord.18-216

Painted/mural signs are allowed: in the R-1A through R-10 zoning categories on all uses in the institutional, open-space, and commercial use categories; in all other use categories, on all uses for which the sign is otherwise allowed under this title; and in the zoning districts specified in this title or in Table 17-201: Sign Regulations. Ord. 22-181

Portable signs may not be displayed outside of a building. Ord.18-216 Ord. 22-181

Projecting signs are allowed:in a residential use category, only on multi-family dwellings with 20 or more units; in all other use categories, on all uses for which the sign is otherwise allowed under this title; in the zoning districts specified in this title or in Table 17-201: Sign Regulations. A projecting sign may not project more than 4 feet from the face of the building to which it is attached, including the area between the sign and the face of the building. The bottom of any projecting sign must be at least 8 feet above the sidewalk or thoroughfare. No projecting sign affixed to a building may project higher than the heights of the facade to which it is affixed. Projecting signs, including frames, braces, and supports, must be designed by a licensed structural engineer or manufacturer. Any movable part of a projecting sign, such as the cover of a service opening, must be securely fastened by chains or hinges. Projecting signs may not be constructed using cloth or other flexible material. Ord.18-216 Ord. 22-181

Roof signs are allowed:in a residential use category, only on multi-family dwellings with 100 or more units; in all other use categories, on all uses for which the sign is otherwise allowed under this title; in the zoning districts specified in this title or in Table 17-201: Sign Regulations. The roof sign may be located on the side of a roof structure that forms a backdrop for the sign. The maximum size of a roof sign is determined by:measuring the building frontage along the lot line of the elevation on which the roof sign will be placed; and applying to that measurement the area factor specified in Table 17-201: Sign Regulations. The size of a roof sign on each side of the building is limited to the square footage calculated on that side only. In no case may the square footage allowed by the building frontage located along any lot line be combined with the square footage allowed by the building frontage located along any other lot line to create a larger sign on a building other than that allowed on each individual building elevation. Ord.18-216 Ord. 22-181

Wall signs are allowed:in a residential use category, only on multi-family dwellings with 15 or more units, dormitories with 20 or more rooms, and residential-care facilities with 17 or more residents; in the C-1 and C-1-E zoning districts, wall signs above the ground floor are only allowed on buildings with a building frontage of 30 feet or wider; in all other use categories, on all uses for which the sign is otherwise allowed under this title; and in the zoning districts specified in this title or in Table 17-201: Sign Regulations. This subsection applies to the R-1A through R-10 Zoning Districts and the OR Zoning District. 1 non-illuminated or indirectly illuminated wall sign is allowed for each street frontage. This subsection applies to all zoning districts, unless otherwise specified by this subtitle or by Title 17-201: Sign Regulations. The maximum size of a wall sign is determined by:measuring the building frontage along the lot line of the elevation on which the wall sign will be placed; and applying to that measurement the area factor specified in Table 17-201: Sign Regulations. The size of a wall sign on each side of the building is limited to the square footage calculated on that side only and must be placed on that side of the building unless otherwise provided in this title. In no case may the square footage allowed by the building frontage located along any lot line be combined with the square footage allowed by the building frontage located along any other lot line to create a larger sign on a wall or split into multiple wall signs other than that allowed on each individual wall unless otherwise provided in this title. Wall signs may be internally illuminated, unless otherwise specified in this title. Wall signs must be safely and securely attached to the building wall. Wall signs must be affixed flat against the wall and may not project more than 12 inches from the building wall. In the C-1 and C-1-VC Zoning Districts, wall signs must be located on the sign frieze – that is, on the portion of the building immediately above the ground-floor window and, in the case of a 2- or 3-story building, below the second-floor window sill. No wall sign affixed to a building, including sign support structure, may project beyond the ends or top of the wall or higher than the roofline of the wall to which it is attached. Architectural features that are part of the original building design, such as chimneys, may have a sign affixed to them. On existing buildings, a parapet wall may not be constructed for the sole purpose of increasing the allowable height of a wall sign. For new buildings, when a sign is to be mounted on a parapet wall, that parapet wall must be consistent with the architectural design of the building, including building materials. Wall signs may not be attached to un-reinforced masonry parapets. Wall signs may not be constructed of cloth or other flexible material. Wall signs may not extend above the parapet. Ord.18-216 Ord. 22-181

Window signs are allowed:in a residential use category, only on multi-family dwellings with 20 or more units; in all other use categories, on all uses for which the sign is otherwise allowed under this title; in the zoning districts specified in this title or in Table 17-201: Sign Regulations. Window signs may not block views into or out from the building in the area between 5 feet and 7 feet above the adjacent grade, in the R-5, R-6, R-7, R-8, R-9, R-10, C-1, C-1-VC, and C-2 Zoning Districts. “Window area” means a continuous surface undivided by any architectural or structural element. Mullions are not considered an element that divides a window area. Except as provided in <cite data-path="|32|§17-402">§ 17-402 {“Alcoholic beverage and cigarette advertising signs”} of this title</cite>, signs affixed to the inside of a window or mounted within 12 inches of a window are allowed, as long as the total of all window signs on a window, whether permanent or temporary, but not counting window displays, occupies no more than a percentage of the total window area, as specified in Table 17-201: Sign Regulations. Ord.18-216 Ord. 22-181

The City recognizes that certain commercial areas present a unique character that could be enhanced with the application of sign standards that depart from the requirements of this title. In these circumstances, these standards would be considered supportive of the commercial area. Under this subtitle, the Planning Commission may recommend and the City Council may approve the designation of an area that meets certain criteria as an Area of Special Signage. The Planning Commission may then approve a specific Signage Plan for that Area of Special Signage Control. Ord.18-216

An Area of Special Signage Control may be applied for in the C-1, C-1-E, C-1-VC, C-2, C-3, C-4, C-5, IMU-1 or 2, OR, or TOD Zoning Districts. The entire PC Zoning District, as mapped on the adopted Zoning Map, as of June 5, 2017, is designated an Area of Special Signage Control, unless the boundaries of the Area of Special Signage Control are otherwise amended per § 17-505.The entire PC Zoning District is designated an Area of Special Signage Control, unless the boundaries of the Area of Special Signage Control are otherwise amended per <cite data-path="32|§17-505">§ 17-505</cite>. An Area of Special Signage Control must include multiple properties and cover an area that has at least 600 linear feet of street frontage. The block faces may either be located directly across the street from each other or adjacent to each other along the street. The block faces may be in any 1 or combination of the zoning districts identified in subsection (a) of this section. Ord.18-216 Ord. 19-244

Approval of an Application for an Area of Special Sign Control requires approval by ordinance, in accordance with the applicable procedures of Title 5, Subtitle 5 {“Legislative Authorizations”} of this Code, except that §§ 5-506(a)(2) and 5-508 do not apply. If an area is located in a zoning district listed in <cite data-path="|32|§17-502|(a)|(1)">§ 17-502(a)(1) of this subtitle</cite> and meets the requirements of this subtitle, a proposed Ordinance can be introduced to designate that area as an Area of Special Sign Control. Notice of the proposed Ordinance’s introduction is as required in § 5-603 of this Code, except that instead of the contents of the notice as set forth in § 5-603(b) of this Code, the notice must instead include:date of the proposed Ordinance’s introduction and its assigned bill number; date of hearing on the proposed Ordinance; the name and address of the applicant(s); the boundaries of the proposed area; Planning Department contact information, at which the public can arrange to review the proposed Signage Plan; and a statement that any objections to the designation of the area as an Area of Special Signage Control should be given to the Director of Planning and the City Council. The Planning Commission may recommend approval of the application so long as the Planning Commission makes findings of fact that the designation of the area as an Area of Special Signage Control:would not increase the likelihood of traffic congestion or distraction; would not add to the visual clutter in the area; and would not be incongruous with the existing or contemplated design of the area. If 51% of property owners inside the proposed Area of Special Sign Control object to the designation of that area as an Area of Special Sign Control before the Planning Commission hearing on the proposed Ordinance, the Director of Planning:may not recommend to the Planning Commission that the City Council approve the application; but must still address the findings required by paragraph (1) of this subsection. The City Council may approve the application even if the Planning Commission does not approve it, so long as the City Council makes findings of fact that the designation of the area as an Area of Special Signage Control:would not increase the likelihood of traffic congestion or distraction; would not add to the visual clutter in the area; and would not be incongruous with the existing or contemplated design of the area. Ord.18-216

Once an area is designated as an Area of Special Signage Control, a Signage Plan must be submitted to the Planning Commission. The Signage Plan must include:a list of what sign types are being sought in the Area of Special Sign Control; the location and number of signs per lot or building; the maximum dimensions per sign; and the percentage deviation being sought in the area or height of the sign or in the maximum cumulative area of signs from what is allowed by right as provided in Table 17-201: Sign Regulations and Table 17-306: Maximum Cumulative Area of Signs. The Signage Plan may include deviations from location, height, quantity, and dimensional requirements of this title so long as the deviation is allowed by Table 17-201: Sign Regulations or Table 17-306: Maximum Cumulative Area of Signs.. The Signage Plan may include a type of sign that is not generally permissible in the underlying district if that additional sign type is listed in Table 17-201: Sign Regulations as one allowed in an Area of Special Sign Control for that district and is otherwise a sign type defined in this title. The Board of Municipal and Zoning Appeals may not grant any variance for a sign that has been the subject of a deviation or addition under this section. When calculating the percentage deviation for a sign area or height, a fraction in the resultant allowable deviation that is ½ or more of a whole number counts as 1 additional square foot for sign area or 1 additional foot for height. The Signage Plan may not alter or deviate from the standards required by § 17-402 {“Alcoholic beverage and cigarette advertising signs”} or <cite data-path="|32|§17-411">§ 17-411 {“Obscene signs”} of this title</cite>. Ord.18-216

The Planning Commission must approve the Signage Plan before any signs may be erected in an Area of Special Signage Control. The Planning Commission must make findings of fact that the Signage Plan:would not increase the likelihood of traffic congestion or distraction; would not add to the visual clutter in the area; and would not be incongruous with the existing or contemplated design of the area. The Planning Commission may only approve a Signage Plan that:meets the requirements listed in Table 17-201: Sign Regulations and Table 17-306: Maximum Cumulative Area of Signs; and is otherwise allowed by this title. The Planning Commission may request review and evaluation of any aspect of a proposed signage plan from any City agency prior to approval of a signage plan at the Planning Commission. Any amendments to the boundaries of an Area of Special Sign Control must be approved by Ordinance of the Mayor and City Council. Any amendments to the Signage Plan must be approved by the Planning Commission. Ord.18-216

An Area of Special Signage Control and Signage Plan may be incorporated into a new planned unit development established by ordinance. If a planned unit development incorporates an Area of Special Signage Control:the proposed ordinance must have a dedicated section of the ordinance entitled, “Area of Special Signage Control”; the requirements of 17-503(c) must be included as part of the evaluation of application for the inclusion within the planned unit development; the requirements of 17-504 must be met and included in either text or exhibits in the planned unit development; Table 17-201: Sign Regulations and Table 17-306: Maximum Cumulative Area of Signs are applicable; a boundary change shall be considered a major change and must be changed by Ordinance; unless the signage is attached to portions of the planned unit development that are deemed to be a major change under Title 15 of <cite data-path="|32">this article</cite>, a Signage Plan included in the planned unit development may be amended by Planning Commission and considered a minor change to the planned unit development; if a planned unit development is repealed and not replaced, the Area Of Special Signage Control may continue to be effective with the designated boundaries and the approved signage plan; and unless otherwise provided, all provisions of this Code are applicable. Ord. 22-181

This Code establishes separate districts, each of which is an appropriate area for the location of the uses and structures that are allowed in that district. Consistent with the establishment of those districts, all uses and structures incompatible with allowed uses and structures must be strictly regulated and properly controlled. This title provides for the regulation of nonconforming uses and structures existing in the various districts. Specifically, this title regulates the continuance of nonconforming uses, structures, lots, and signs. Ord. 16-581

In this title, the following terms have the meanings indicated. “Nonconforming lot” means a lawfully existing lot that, as of the effective date of this Code (June 5, 2017) or the effective date of an amendment to this Code, does not comply with the lot area or lot width regulations applicable to the district in which it is located. “Nonconforming structure” means a lawfully existing structure that, as of the effective date of this Code (June 5, 2017) or the effective date of an amendment to this Code, does not comply with the bulk, yard, or other regulations applicable to the district in which it is located. “Nonconforming use” means a lawfully existing use of a structure or of land that, as of the effective date of this Code (June 5, 2017) or the effective date of an amendment to this Code, does not conform to the use regulations applicable to the district in which it is located. Ord. 16-581 Ord. 17-015

Except as otherwise specified in this title, any use, structure, or lot that existed as a lawful nonconforming use, structure, or lot as of June 5, 2017, and any use, structure, or lot that has been made nonconforming because of the terms of this Code or any subsequent amendment to this Code, may continue subject to the provisions of this title so long as it remains otherwise lawful. A use or structure that was unlawful as of June 5, 2017, remains unlawful to the extent that the use or structure conflicts with any of the requirements of this Code or of the <cite data-path="|building-codes">Baltimore City Building, Fire, and Related Codes Article</cite>, including the requirements to obtain a use permit and an occupancy permit. Ord. 16-581 Ord. 17-015

All police power laws and regulations enacted to promote the public health, safety, and welfare, including all building, fire, and <cite data-path="|health">health codes, apply to nonconforming structures.</cite> Ord. 16-581

A casual, temporary, or unlawful use of any land or structure does not establish any nonconforming use, nonconforming density, or other form of nonconformity. Ord. 16-581

No use may be construed as nonconforming solely by reason of nonconformance with the off-street parking requirements of this Code. Ord. 16-581

Whether a nonconforming use, nonconforming density, or other form of nonconformity exists is a question of fact that, except as specified in subsection (b) of this section, must be decided by the Board of Municipal and Zoning Appeals after public notice and hearing and in accordance with the rules of the Board. The Zoning Administrator may issue a use permit, without referring the matter to the Board of Municipal and Zoning Appeals, if:permits, ordinances, the Police Survey of 1931, or other records on file with the Zoning Administrator:document the existence of a continuing and uninterrupted lawful nonconforming use; or document the existence of a lawful nonconforming density, or other nonconformance; and a field inspection of the construction, design, and arrangement of the structure or use in question confirms these records. Ord. 16-581 Ord. 17-015

Any authorization to reestablish or continue a nonconforming use, density, or other nonconformity lapses and becomes void 1 year from the date of its final approval, unless within that year:a use permit under this Code and an occupancy permit under the Baltimore City <cite data-path="|building-codes|II">Building Code</cite> have been obtained for that use; the erection or alteration of a structure for that use has lawfully begun; or the use has lawfully begun. The Board of Municipal and Zoning Appeals may grant an extension of this period, as established under subsection (a), by not more than 18 months on written application and for good cause shown without notice or hearing. Ord. 22-181

Except as otherwise specified in this Code, nonconforming uses may be continued, subject to the regulations of this subtitle. Ord. 16-581

A nonconforming use may not be expanded in any manner, nor may any structure be erected or expanded, unless the use of the land and the structure are made to conform to the regulations of the district in which they are located. For a nonconforming use or structure in a Commercial, Industrial, or TOD District, the Zoning Board may authorize by variance an expansion of the gross floor area of the use or structure by up to 25% of that which lawfully existed as of June 5, 2017. Ord. 16-581 Ord. 18-171

Normal maintenance and incidental repair may be performed on any structure that is devoted in whole or in part to a nonconforming use, as long as the maintenance or repair will not, in any way, create any new nonconformity, increase the degree of any nonconformity, or increase the bulk of the structure. No structural alteration may be performed on any structure devoted to a nonconforming use, unless:the alteration is required by law; the alteration is necessary to restore the structure to a safe condition on order of any official charged with protecting the public safety; the alteration is for the purpose of bringing about a conforming use; or the alteration will not, in any way, create any new nonconformity, increase the degree of any nonconformity, or increase the bulk of the structure. Ord. 16-581

If a structure containing a nonconforming use is damage or destroyed or if a nonconforming sign is damaged or destroyed, the structure or sign may be repaired or reconstructed and the nonconforming use or sign re-established as long as no new nonconformities are created and the existing degree of any nonconformity is not increased. A building permit must be obtained for the repair or reconstruction within 1 year of the date of the damage or destruction. The Board of Municipal and Zoning Appeals may grant an extension of this period. If a building permit is not obtained within the time required by this section or the repairs not completed within 1 year of the issuance of the building permit, then the use may not be reestablished unless the structure and the use conform to all regulations of the district in which they are located. Ord. 16-581 Ord. 18-216 Ord. 20-350

A nonconforming structure or use may not be relocated, in whole or in part, to any other location on the same lot. A nonconforming freestanding pole sign that is 300 square feet or larger that is either damaged or destroyed pursuant to § 18-304(a) may be relocated by no more than 15 feet in any direction from its original location. A nonconforming use may be relocated to another lot only if the use conforms to all regulations of the zoning district in which the new lot is located, including all use regulations. Ord. 16-581 Ord. 18-216

A change of use occurs when an existing nonconforming use has been terminated and another use has commenced. A nonconforming use may not be changed to any other use except one that is allowed within the zoning district in which it is located. When a nonconforming use has been changed, in whole or in part, to an allowed use, the whole or part that has been made to conform may not later be changed back to a nonconforming use. In the R-1A, R-1B, R-1C, R-1D, R1-E, R-1, R-2, R-3, and R-4 zoning districts the zoning administrator may authorize the reestablishment of a residential nonconforming multifamily use that has lapsed up to the same number of units or a number less than the number of units that were legally established, if:the unit was a legally established multi-family dwelling unit; and the structure was not altered to become a single-family dwelling unit. Any change in use that violates this Code constitutes an abandonment of the previously existing nonconforming use. Ord. 16-581 Ord. 22-181

Whenever the active and continuous operation of any nonconforming use, or any part of that use, has been discontinued for 12 consecutive months: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 the discontinued nonconforming use, or discontinued part of that use:may not be reestablished; and 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. 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:that action constitutes an abandonment of the nonconforming use, or affected part of that use; and all rights to continue or reestablish the nonconforming use, or part of that use, immediately terminate. If a person reasonably believes that a nonconforming use has been, in whole or in part, discontinued or abandoned as described under this section, the person may file a report with the Zoning Administrator. The report shall contain:the location of the discontinued or abandoned use; a description of the discontinued or abandoned use; the date the person last observed the use; a statement by the person affirming that the person reasonably believes the use describe in subparagraph (ii) of this paragraph has not occurred in the past 12 months; and the signature or signatures of the person reporting the discontinued or abandoned use. Upon receipt of a complaint issued under this subsection, the Zoning Administrator shall inspect structures and uses of land to determine compliance with this Code and, where violations are found, initiate action to secure compliance. Ord. 16-581 Ord. 24-313

A junk or scrap storage and yard, a vehicle dismantling facility, or a landfill lawfully existing as of June 5, 2017, is considered a lawful nonconforming conditional use, subject to the conditions and restrictions previously imposed. For a lawful nonconforming junk or scrap storage and yard or a lawful nonconforming vehicle dismantling facility:structural alterations are permitted; and an expansion of no more than 25% in land area is allowed if, in addition to any conditions and restrictions previously imposed:the expansion is onto a property that is no more than 750 feet from the property line of the junk or scrap storage and yard or the vehicle dismantling facility; and the expansion is onto the portion of that property that is closest to the existing use. For a lawful nonconforming landfill:structural alterations are permitted; and an expansion of no more than 35% in land area is allowed if, in addition to any conditions and restrictions previously imposed:the expansion is onto a property that is no more than 750 feet from the property line of the landfill; and the expansion is onto the portion of that property that is closest to the existing use. The area to be used for the expansion must be subdivided into a separate lot or, if possible, consolidated as part of the existing junk or scrap storage and yard, vehicle dismantling facility, or landfill to avoid having a use allowed on a portion of a lot but not on the whole lot. Ord. 16-581 Ord. 17-015

This subtitle does not apply to nonconforming signs. Nonconforming signs are instead regulated by Subtitle 5 of this title. If a nonconforming structure is also devoted in whole or in part to a nonconforming use, the structure is subject to both:the provisions of this title that govern nonconforming uses; and the provisions of this subtitle. In the event of any conflict or inconsistency between the provisions that govern nonconforming uses and the provisions of this subtitle, the provisions that govern nonconforming uses control. Ord. 16-581 Ord. 17-015

Except as otherwise specified in this Code, nonconforming structures may be continued, subject to the requirements of this subtitle. Ord. 16-581

A nonconforming structure may be expanded under: Title 5, Subtitle 3 {“Variances”} of this Code; or § 18-411 {“Exceptions - Administrative bulk adjustments”} of this Code. Ord. 16-581 Ord. 22-181

Normal maintenance and incidental repair may be performed on any nonconforming structure, as long as the maintenance or repair will not, in any way, create any new nonconformity, increase the degree of any nonconformity, or increase the bulk of the structure. No structural alterations may be performed on any nonconforming structure, unless:the alteration is required by law; the alteration is necessary to restore the structure to a safe condition on order of any official charged with protecting the public safety; the alteration will result in eliminating the nonconformity; or the alteration will not, in any way, create any new nonconformity, increase the degree of any nonconformity, or increase the bulk of the structure. Ord. 16-581

If a nonconforming structure is damaged or destroyed, the structure may be repaired or reconstructed as long as no new nonconformities are created and the existing degree of nonconformity is not increased. A building permit must be obtained for the repair or reconstruction within 2 years of the date of the damage or destruction. The Board of Municipal and Zoning Appeals may grant an extension of this period. If the building permit is not obtained within the time required by this section or the repairs not completed within 1 year of the issuance of the building permit, then the structure may not be restored unless the structure conforms to all regulations of the district in which it is located. Ord. 16-581

A nonconforming structure may not be moved, in whole or in part, to any other location on the lot, unless the structure or the moved part of the structure is made to comply with the bulk and yard regulations of the district in which the structure is located. Ord. 16-581 Ord. 17-015

A minor expansion of a nonconforming structure may be made with the administrative approval of the Zoning Administrator, as provided in this section. An application under this section must be filed by the property owner or with the written consent of the property owner. The application must be filed with the Zoning Administrator, in the form and with the information and accompanying plans that the Zoning Administrator requires. The application must include a certification by the property owner:that the structure is a nonconforming structure; and that a copy of the application has been given to the owners of the adjoining properties. On receipt of an application, the Zoning Administrator must promptly refer it to the Director of Planning for design review. The Planning Director may recommend approval of the application if, after design review, the Director finds that the proposal:is in harmony with the general character, arrangement, design, and architectural features of similar buildings within a radius of 300 feet; is not contrary to the public interest; and is consistent with the purposes and intent of this Code. To the extent necessary or desirable to reduce or minimize any effect of a proposed expansion on other properties in the neighborhood, the Planning Director may recommend:requiring changes in any design or plan of any existing structure or any alteration of the structure; and imposing conditions, restrictions, and limitations governing:screening or fencing; type of lighting; and any other relevant matter. A copy of the Planning Director’s recommendation on the application must be filed with the Zoning Administrator. When issued, the Director’s decision constitutes a recommendation to the Zoning Administrator. The Zoning Administrator’s decision is a final decision for purposes of administrative appeal under Title 19, Subtitle 3 {“Administrative and Judicial Review”} of this Code. Failure to comply with any change, condition, restriction, or limitation imposed under this section constitutes a violation of this Code. No condition, restriction, or limitation imposed under this section may be changed unless, on the filing of a new application, that change is authorized under this section. Ord. 16-581 Ord. 17-015

Except as provided in paragraph (2) of this subsection, this section applies to any structure that:at any time, with or without authorization of the Board of Municipal and Zoning Appeals, has been converted for 4 or more dwelling units or, if originally built for 4 or more dwelling units, has been converted to increase the number of dwelling units; and now fails to comply with the minimum lot area requirements of the district in which it is located. This section does not apply to any nonconforming structure that:in compliance with this Code or before June 5, 2017, was originally designed and built as a multi-family dwelling for 4 or more dwelling units, as evidenced by permits or records of the City; and has not been altered, added to, or subdivided in any way that increases the number of dwelling units to more than the maximum now allowed under this Code. If, at any time, actual abandonment is evidenced by the issuance of a use permit for fewer dwelling units:that action constitutes an abandonment of the dwelling unit; all rights to continue or reestablish the previous number of dwelling units immediately terminate; and the number of dwelling units allowed to continue in the structure is reduced by 1. This section does not apply to § 18-306(c) {“Change of use . . . Reversion prohibited.”} of this Code. Ord. 16-581 Ord. 17-015 Ord. 22-181

All lawfully existing structures that, as of June 5, 2017, are located in a Hospital Campus Zoning District are considered to be conforming structures. Ord. 16-581 Ord. 17-015 Ord. 18-171

Signs that were lawful when erected but no longer conform to the requirements of this Code must comply with the following regulations. Ord. 16-581

Any nonconforming sign may be structurally altered, reconstructed, replaced, or relocated, as long as the alteration, reconstruction, replacement, or relocation does not result in: an increase in the area or any dimension of the sign; an increase in the degree of illumination of the sign; the addition of:any moving, rotating or otherwise animated part; or any flashing, blinking, fluctuating, or otherwise animated light; or any other increase in the degree of the sign’s nonconformity. Ord. 16-581

If a nonconforming sign is damaged or destroyed to the extent of more than 50% of the sign’s fair market value immediately preceding the damage, the sign may not be repaired or reconstructed unless it will then conform to all applicable regulations for the district. Ord. 16-581

Any legal nonconforming billboard, as of June 5, 2017, may continue to follow the rule in § 11-207(c)(9) and (10) of the Zoning Code of Baltimore City that was in effect on June 4, 2017. Ord. 16-581 Ord. 18-216

This section does not apply in an Industrial District. On a nonconforming lot that was established before June 5, 2017, a single-family dwelling may be erected regardless of the minimum lot area requirements imposed by this Code as long as:the nonconforming lot meets all other requirements of this Code; and the owner of the nonconforming lot does not also own any abutting lot that can be consolidated with the nonconforming lot. Ord. 16-581 Ord. 17-015

Except as provided in subsection (b) of this section, retail goods establishments with alcoholic beverage sales in a residential district must be terminated as follows:for an establishment with alcoholic beverage sales that existed as a lawful nonconforming use before June 5, 2017, no later than June 4, 2019, notwithstanding the issuance of any prior use permit as a nonconforming package goods liquor store; and for an establishment that becomes nonconforming on or after June 5, 2017, whether by the enactment of this Code, by the enactment of an amendment to this Code, or by the reclassification of the property, no later than 3 years after the date on which the use became nonconforming. The Board of Municipal and Zoning Appeals may extend by an additional 2 years the time by which a retail goods establishment with alcoholic beverage sales must terminate the nonconforming use. To obtain an extension, the property owner or lessee must apply to the Board, in writing, within 1 year after the effective date of this Code (June 5, 2017), of the amendment to this Code, or of the property reclassification, as the case may be. For nonconforming uses existing before June 5, 2017, the property owner or lessee seeking an extension must establish the existence of one of the following factors that would render termination within the time required by subsection (a) of this section a hardship:purchase of the property after January 1, 2008, and before April 1, 2012; investment in capital improvements to the property in excess of $100,000 after June 30, 2007, and before April 1, 2012; or a lease that was entered into before April 1, 2012, has a term remaining in excess of 10 years, and is not terminable by the lessee because of zoning changes prohibiting the use. For all other uses that become nonconforming, whether by enactment of this Code, by the enactment of an amendment to this Code, or by reclassification of the property, the property owner or lessee seeking an extension must establish the existence of one of the following factors that would render termination within the time required by subsection (a) of this section a hardship:purchase of the property within the 5 years immediately preceding the enactment of this Code, the enactment of the amendment to this Code, or the enactment of the property reclassification, as the case may be; investment in capital improvements to the property in excess of $100,000 after June 30, 2007, and before April 1, 2012; or a lease that was entered into before April 1, 2012, has a term remaining in excess of 10 years, and is not terminable by the lessee because of zoning changes prohibiting the use. Ord. 16-581 Ord. 17-015

Except as provided in subsection (b) of this section, smoke shops located within 750 feet of any school, recreation center, or park shall be terminated no later than 2 years after the date on which the use became nonconforming. The Board of Municipal and Zoning Appeals may extend by an additional 1 year the time by which a smoke shop must terminate the nonconforming use. To obtain an extension, the property owner or lessee shall apply to the Board, in writing, within 1 year after the property becomes nonconforming. The property owner or lessee seeking an extension under paragraph (2) of this subsection shall establish the existence of 1 of the following factors that would render termination within the time required by subsection (a) of this section a hardship:purchase of the property within the 3 years immediately preceding the nonconformity; investment in capital improvements to the property in excess of $100,000 before June 30, 2025, and after April 1, 2021; or a lease that was entered into before April 1, 2021, has a term remaining in excess of 10 years, and is not terminable by the lessee because of zoning changes prohibiting the use. Ord. 16-581

Nonconforming taverns must either:fully comply with § 14-338 {“Taverns”} within 2 years after they become nonconforming; or be terminated. A waiver extending the time for compliance based on hardship may be applied for in accordance with <cite data-path="|32|§18-701|(b)">§ 18-701(b) {“Retail good establishments...: Waiver for hardship”} of this subtitle</cite>.

No person may: violate any provision of this Code, of any rule, regulation, or manual adopted under this Code, or of any permit, notice, or order issued under this Code; refuse, neglect, omit, or otherwise fail to comply with any provision of this Code, of any rule, regulation, or manual adopted under this Code, or of any permit, notice, or order issued under this Code; resist the enforcement of any provision of this Code, of any rule, regulation, or manual adopted under this Code, or of any notice or order issued under this Code; or cause any of these acts or omissions to be done. Ord. 16-581 Ord. 17-015

Each day that a violation continues after written notice from the Zoning Administrator constitutes a separate offense. Ord. 16-581 Ord. 17-015

In this subtitle, “person responsible” means any owner, operator, manager, or tenant of a property or use subject to this Code, or any other person responsible for or having the care, control, or possession of that property or use, whether as a principal or as an agent, personal representative, trustee, guardian, or otherwise, and whether alone or jointly with any other person. Ord. 16-581 Ord. 17-015

Whenever the Zoning Administrator learns of a violation of § 19-101 {“Prohibited conduct”} of this Code, the Zoning Administrator may issue a violation notice to:the owner of record of the property, as shown on the tax records of Baltimore City; and any other person who the Zoning Administrator has reason to believe is a person responsible for the violation. The notice must:specify the location and nature of the violation; cite the provisions of this Code or of the rules, regulations, manual, permit, notice, or order that have been violated; state the requirements that must be complied with to rectify the violation and the time within which the violation must be rectified; and advise the recipient of the right to request a hearing within 10 days of the date on which the notice was served. On receipt of a violation notice from the Zoning Administrator, the recipient must immediately take appropriate steps to correct the violation. Ord. 16-581 Ord. 17-015

Except as otherwise specified in this Code, all notices issued by the Zoning Administrator must be served on:the person for whom the notice is intended; or an authorized agent or representative of that person. If more than 1 person is responsible for the violation or otherwise responsible for complying with this Code, as in a case of property owned by more than 1 person, notice may be served on any 1 of those persons or on any authorized agent or representative of any of them. A notice is properly served on a person if:served personally on that person (or on that person’s authorized agent or representative); hand-delivered to the home or business address of that person (or of that person’s authorized agent or representative); or sent by certified or registered mail, return receipt requested, to the home or business address of that person (or of that person’s authorized agent or representative). Adequate and sufficient notice may be made by posting a copy of the notice on the property in question if:the identity or whereabouts of the person responsible is unknown; or a notice that was hand-delivered or mailed under subsection (c) of this section is refused, returned unclaimed, or designated undeliverable by the post office for any reason, and neither of the following sources can provide a more accurate address:the tax records of the City’s Bureau of Treasury Management, Collections Division; and the property registration files of the Department of Housing and Community Development. Ord. 16-581 Ord. 17-015 Ord. 18-171

The Zoning Administrator may extend the time within which to comply with a violation notice if, in the Administrator’s judgment, more time is needed to comply. Ord. 16-581 Ord. 17-015

If a violation is not promptly discontinued and rectified or if a violation notice is not complied with promptly, the Zoning Administrator may institute or cause to be instituted any appropriate civil or criminal action or proceeding to secure compliance. These enforcement proceedings include:civil court proceedings (see § 19-213); service of citations (see § 19-214; and criminal prosecution (see § 19-215). Ord. 16-581 Ord. 17-015

In pursuing a violation, the Zoning Administrator may use any one or more available remedies or enforcement actions. The initiation of any one remedy or enforcement action does not preclude pursuing any other remedy or enforcement action authorized by law. Ord. 16-581 Ord. 17-015

The Zoning Administrator, on behalf of the Mayor and City Council, may file a petition in District Court to compel compliance with or obtain other relief under this Code. In an action brought under this section, the court may compel compliance with this Code by:issuing an order to cease and desist from a violation; and granting other injunctive relief, as appropriate to:prevent unlawful construction; restrain, correct, or abate a violation; prevent illegal occupancy of a structure or premises; or stop an illegal act, conduct, business, or use of a structure on or about any premises. In an action brought under this section, the court may also:impose a civil fine of up to $500 for each day that a violation continues; and award to the City reasonable enforcement costs and attorney’s fees, whether or not the attorney is a salaried employee of the City. Ord. 16-581 Ord. 17-015 Ord. 18-171

In addition to any other civil or criminal remedy or enforcement procedure, this Code may be enforced by issuance of the following: an environmental citation under City Code <cite data-path="|1">Article 1</cite>, Subtitle 40 {“Environmental Control Board”}; a civil citation under City Code <cite data-path="|1">Article 1</cite>, Subtitle 41 {“Civil Citations”}; and a pre-payable criminal citation under City Code <cite data-path="|19">Article 19</cite>, Subtitle 71 {“Special Enforcement Officers”}. Ord. 16-581 Ord. 17-015

Any person who violates any provision of <cite data-path="|32|§19-101">§ 19-101 {“Prohibited conduct”} of this title</cite> is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 or imprisonment for not more than 30 days or both fine and imprisonment for each offense. Ord. 16-581 Ord. 17-015

A decision of the Zoning Administrator, including the issuance of a violation notice under Subtitle 2 {“Enforcement”} of this title, may be appealed to the Board of Municipal and Zoning Appeals by:any person aggrieved by the decision; or any officer or department, board, bureau, or other unit of the City affected by the decision. The notice of appeal must be filed as follows:in the case of a violation notice, within 10 days of the date the notice was served; and in the case of any other decision, within 10 days of the date on which notice of the decision was given. The notice of appeal must:be filed with the Zoning Administrator, in the form that the rules of the Board of Municipal and Zoning Appeals require; and specify the grounds for the appeal. Once the Zoning Administrator determines the notice of appeal is timely and complete, the Zoning Administrator must transmit the notice to the Board of Municipal and Zoning Appeals, together with all information that constitutes the record of the action appealed from. If the appeal is timely filed and pursued, an appeal to the Board of Municipal and Zoning Appeals stays all proceedings in furtherance of the action appealed from, except as provided in paragraph (2) of this subsection. If the Zoning Administrator certifies to the Board of Municipal and Zoning Appeals that, by reason of facts stated in the certification, a stay would, in his or her opinion, cause imminent peril to life or property or is not justified by any material fact, the proceedings are not stayed, unless otherwise ordered by the Board of Municipal and Zoning Appeals or, on application to a court of competent jurisdiction, with notice to the Zoning Administrator, by the court on good cause shown. Within 30 days of the public hearing, the Board of Municipal and Zoning Appeals must render its decision in writing, setting forth its findings of fact and conclusions of law. If, however, the Board of Municipal and Zoning Appeals determines that additional time is needed to render a decision, the Board may, on written notice to the parties, extend the time for an additional 30 days. In exercising its powers of review, the Board of Municipal and Zoning Appeals may:reverse or affirm, wholly or in part, or modify the decision appealed from; and make any order, requirement, decision, or determination as ought to be made in accordance with this Code. For these purposes, the Board of Municipal and Zoning Appeals has all the powers conferred by this Code on the Zoning Administrator. Ord. 16-581 Ord. 17-015 Ord. 18-136

All decisions and findings of the Board of Municipal and Zoning Appeals that are made on appeals, on application for conditional uses or variances, and in all other matters on which the Board of Municipal and Zoning Appeals is required to act after public notice and hearing, are final administrative decisions, subject to judicial review. Judicial review of a final administrative decision of the Board of Municipal and Zoning Appeals may be sought by:any person aggrieved by the decision; or any officer or department, board, bureau, or other unit of the City aggrieved by the decision. This review must be sought within the time and in the manner required by law and the Maryland Rules of Procedure. Before the petition for judicial review is filed with the court, the petitioner must file a copy with the Board of Municipal and Zoning Appeals and the Zoning Administrator. The Board of Municipal and Zoning Appeals must promptly notify the City Solicitor of the filing of every petition for judicial review. The filing of a petition for judicial review does not stay the proceedings for which the review is sought. On motion and hearing, the court may grant a stay on good cause shown, subject to the conditions of bond or otherwise that the court considers proper. Ord. 16-581 Ord. 17-015

Any party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. Ord. 16-581 Ord. 17-015