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<strong><em>.</em></strong>
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<strong>.</strong>
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
“<em>Farmers’ market” defined</em>.
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 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.