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