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 5<sup>th</sup> 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