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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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