Subtitle 5 – Accessory Structures and Uses

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.

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.

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.

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:

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%.

The following exterior lighting requirements apply to lighting on private property.

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 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.

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.

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.

Permitted outdoor storage uses must comply with the following provisions:

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.

No residential garage may be used for commercial body repair, painting, or engine rebuilding.

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:

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.

concession services, as follows:

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.

Recycling collection stations are conditional uses, subject to the following standards:

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.

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.

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.

All ground-mounted systems must:

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>

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.

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.