Explanation: Capitals indicate matter added to existing law.
[Brackets] indicate matter deleted from existing law.
* Warning: This is an unofficial, introductory copy of the bill.
The official copy considered by the City Council is the first reader copy.
Introductory*
City of Baltimore
Council Bill
Introduced by: The Council President
At the request of: The Administration (Planning Department)
A Bill Entitled
An Ordinance concerning
title
Zoning Code - Modifications
For the purpose of making needed improvements to certain provisions that, during the course of actively implementing the new Zoning Code, were discovered to be functionally impractical or otherwise in need of modification to abate previously unanticipated consequences; correcting various errors, omissions, and inconsistencies; correcting, clarifying, and conforming various references and terminology; and generally relating to the zoning and development laws of the City of Baltimore.
body
By repealing and reordaining, with amendments
Article 32 - Zoning
Sections 1-217, 1-302(b) and (c), 1-307(d) and (g), 3-202(f), 3-204(b)(1), 4-203(7), 4-405(a)(13)(iii), 5-301(b), 5-308(b), 5-407(a), 5-507(a)(1), 5-508(b)(4)(i), 7-414(d), 12-502(a), 13-102(a), 13-201(a), 14-325, 14-326(b), 14-328(a), 15-301(a)(2), 16-402, 16-404(c), 16-407(a), 16-601(e), 16-705(e), 16-801, 16-802, 18-302, 18-306(b), and 19-207(d)(1)
and
Tables 9-301, 9-401, 10-301, 10-401(both tables), 11-301, 12-301, 12-402, 12-403, 12-601, 12-903(4), 12-1302, 15-601, and 16-406
Baltimore City Code
(Edition 2000)
By repealing and reordaining, without amendment
Article 32 - Zoning
Sections 1-310(j), 15-501(a), and 16-407(c)
Baltimore City Code
(Edition 2000)
By repealing
Article 32 - Zoning
Section 14-328(e)
Baltimore City Code
(Edition 2000)
By repealing and reordaining, with amendments
Ordinance 17-015
Section 4
Section 1. Be it ordained by the Mayor and City Council of Baltimore, That the Laws of Baltimore City read as follows:
Baltimore City Code
Article 32. Zoning
Title 1. General Provisions
Subtitle 2. Rules of Interpretation
§ 1-217. Uses[,] -- generic, [and] specific, and prohibited.
(a) Generic uses described.
Certain uses in this Code are defined to be inclusive of many specific uses so as to minimize overly detailed lists of uses for the various zoning districts established by this Code. These inclusive uses are referred to in this Code as “generic uses”.
(b) Relationship of generic to specific.
[(1) If a specific use does not fall within the definition of a generic use and is not specifically listed in a use table for a zoning district, the specific use is prohibited in that district.]
(1) [(2)] If a specific use is listed in any use table, that specific use cannot be interpreted as falling within any generic use that is listed in the same table.
(2) [(3)] If the definition of a generic use specifically excludes a specific use, the generic use cannot be interpreted as allowing that specific use.
(c) Uses prohibited if not listed.
A use is prohibited in a zoning district unless:
(1) that use is specifically listed as a permitted or conditional use in the use table for that district; or
(2) that use falls within the definition of a generic use that is itself listed as a permitted or conditional use in the use table for that district.
Comment: Restates, for greater emphasis and clarity, the basic rule of interpretation that a use is prohibited in a zoning district unless it is specifically listed as a permitted or conditional use for that district or it falls within the definition of a generic use so listed.
Subtitle 3. Definitions
§ 1-302. “Abut” to “Awning”.
(b) Accessory structure.
“Accessory structure” means a structure that is:
(1) customarily incidental and subordinate to the use of the principal structure served;
(2) subordinate in lot coverage and floor area to the principal structure served; and
(3) [except in a planned unit development,] located on the same lot as the principal structure served.
Comment: Corrects inconsistency with more-recently reconstituted § 15-501, which see below.
(c) Accessory use.
“Accessory use” means a use that is:
(1) customarily incidental and subordinate to the principal use of the lot or principal structure served; and
(2) [except in a planned unit development,] located on the same lot as the principal use or principal structure served.
Comment: Corrects inconsistency with more-recently reconstituted § 15-501, which see below.
§ 1-307. “Government facility” to “Industrial boat repair”.
(d) Gym.
See “Health and fitness center”.
(g) Health and fitness center.
(1) In general.
“Health and fitness center” means a gym or other facility that:
(i) is designed for physical fitness or weight reduction; and
(ii) contains equipment, such as weight resistance machines, treadmills, stationary bicycles, whirlpools, saunas, showers, and lockers, for that
purpose.
(2) Inclusions.
“Health and fitness center” includes the following accessory uses designed and intended primarily for patrons of the facility:
(i) retail sales; and
(ii) a restaurant or refreshment stands.
Comment: Modifies name to better describe the nature of this use, especially as distinguished from the sound-alike “health clinic”.
§ 1-310. “Motor vehicle” to “Owner”.
(j) Neighborhood commercial establishment.
“Neighborhood commercial establishment” means a non-residential use that is within a residential or office-residential zoning district, but in a structure that is non-residential in its construction and original use.
Comment: No change. Shown only to provide context for § 14-328(a), as corrected below.
Title 3. Outline of Code Administration
Subtitle 2. Administrative Agencies and Officials
§ 3-202. Board of Municipal and Zoning Appeals.
(f) Public hearings - Open to public.
[(1)] All hearings of the Board of Municipal and Zoning Appeals under this Code must be open to the public.
[(2) At least once in every 2 calendar months, at least 1 session of hearings must be scheduled to begin after 5 p.m.]
Comment: Deletes a scheduling provision that has proven to be functionally impractical to implement.
§ 3-204. Director of Planning.
(b) Powers and duties.
In addition to the powers and duties specified in City Charter Article VII, §§ 74 through 80, the Director of Planning has the following powers and duties under this Code:
(1) to perform the following reviews in sessions [open to the public and for which public notice is provided]:
(i) site plan review (Title 4, Subtitle 2);
(ii) environmentally sensitive areas review (Title 4, Subtitle 3);
(iii) design review (Title 4, Subtitle 4; Design Manual); and
(iv) landscape review (Title 4, Subtitle 5; Landscape Manual);
. . . .
Comment: Deletes a scheduling provision that has proven to be functionally impractical to implement.
Title 4. Development Reviews
Subtitle 2. Site Plan Review
§ 4-203. Applicability.
Site plan review is required for the following types of development applications:
. . .
(7) any development within an environmentally sensitive area, including projects in a [100-Year Flood Plain] 100-year floodplain and projects within the Buffer of the Critical Area (See Subtitle 3 {“Environmentally Sensitive Areas Review”} of this title);
. . . .
Comment: Conforms spelling of “floodplain” to conform with that uniformly adopted throughout this and all other articles of the Baltimore City Code.
Subtitle 4. Design Review
§ 4-405. Applicability.
(a) In general.
Except as provided in subsection (b) of this section, design review is required for the following types of development:
. . .
(13) any new construction that involves:
. . .
(iii) [construction in an area designated a “Main Street” in accordance with criteria set by The National Trust for Historic Preservation] alteration to a street-front facade in a C-1 District; or
. . . .
Comment: Aligns design-review requirement to the specific zoning district (the C-1 District) and specifies the intended scope of that review.
Title 5. Applications and Authorizations
Subtitle 3. Variances
§ 5-301. Purpose.
(b) Application.
The variance procedure applies only to changes in bulk and yard regulations and to changes in signage, parking, and loading requirements. It does not apply to changes in the uses allowed within a zoning district.
Comment: Expressly recognizes the Board’s long-standing practice of authorizing, subject to the limitations and standards applicable to variances, changes in signage and in parking and loading requirements. (Cf., e.g., pre-TransForm Zoning Article §§ 15-208 and 15-209 {“Variances: Off-street parking”}.)
§ 5-308. Approval standards.
(b) Other required findings.
The Zoning Administrator, the Board of Municipal and Zoning Appeals, or the City Council, as the case may be, must also find that:
(1) the conditions on which the application is based are unique to the property for which the variance is sought and are not generally applicable to other property within the same zoning classification;
(2) the unnecessary hardship or practical difficulty is caused by this Code and has not been created by the intentional action or inaction of any person who has a present interest in the property;
(3) the purpose of the variance is not based exclusively on a desire to increase the value or income potential of the property;
(4) the variance will not:
(i) be injurious to the use and enjoyment of other property in the immediate vicinity; or
(ii) substantially diminish and impair property values in the
neighborhood;
(5) the variance is in harmony with the purpose and intent of this Code;
(6) the variance is not precluded by and will not adversely affect:
(i) any Urban Renewal Plan;
(ii) the City’s Comprehensive Master Plan; or
(iii) any Historical and Architectural Preservation District; [and]
(7) the variance will not:
(i) impair an adequate supply of light and air to adjacent property;
(ii) overcrowd the land;
(iii) create an undue concentration of population;
(iv) substantially increase the congestion of the streets;
(v) create hazardous traffic conditions;
(vi) adversely affect transportation;
(vii) unduly burden water, sewer, school, park, or other public facilities;
(viii) increase the danger of fire; or
(ix) otherwise endanger the public safety; and
(8) [(7)] the variance will not otherwise:
(i) be detrimental to or endanger the public health, safety, or welfare; or
(ii) be in any way contrary to the public interest[;].
Comment: Item (7) of this subsection reinstates standards that have long-been required by the Zoning Code (see pre-TransForm Zoning Article, § 15-219(5)), but were inadvertently omitted from Ordinance 16-581 {“TransForm Baltimore - Zoning”}.
Subtitle 4. Conditional Uses
§ 5-407. Expiration of approval.
(a) Exercise within year required.
A conditional use lapses and becomes void 1 year from the date of its final approval unless, within that year:
(1) a [building permit is] use permit under this Code and an occupancy permit under the Baltimore City Building Code have been obtained for that use; [and]
(2) [either: (i)] the erection or alteration of a structure for that use [is started] has lawfully begun; or
(3) [(ii)] the use [is] has lawfully begun [within such period].
Comment: Many conditional uses do not require or even generate a “building permit”, as erroneously assumed by item (1) of this subsection. This amendment, therefore: (i) corrects item (1) to refer instead to the “use permit” and “occupancy permit” required by the Zoning Code and Building Codes, respectively; and (ii) clarifies the optional relationships of the actions that will avoid a lapse of the conditional-use approval.
Subtitle 5. Legislative Authorizations
§ 5-507. Action by City Council.
(a) Committee hearing.
(1) The bill must be considered at a public hearing of a committee of the City Council. Notice of the public hearing must be given in accordance with Title 5, Subtitle 6 {“Notices”} of this Code.
Comment: Clarifies cross-reference citation.
§ 5-508. Approval standards.
(b) Map amendments.
(4) Additional standards - Rezoning from MI District.
(i) To rezone land from the Maritime Industrial (“MI”) District to any other zoning district, the Planning Commission must find that the proposed amendment:
(A) [would be] is consistent with the [City’s] the most current Baltimore City Comprehensive Master Plan;
(B) [would not impede, diminish, or preclude] sustains or enhances transportation access into [or] and out of the [Maritime Industrial District] Port of Baltimore;
(C) [would not result in or encourage a loss of existing deep water assets of the Maritime Industrial District] ensures the long-term preservation of the deep water assets of the Port of Baltimore for maritime industrial use;
(D) [would not result in changes to the economic viability of adjacent maritime industrial land uses due to the encroachment of non- compatible uses] protects maritime industrial land uses from the intrusion of non-industrial uses;
(E) [would not reduce or impede] sustains or enhances the current [or] and future maritime industrial economic development growth in the [Maritime Industrial district] District;
(F) [would establish] establishes an adequate physical separation that will buffer non-industrial land uses from maritime industrial uses; and
(G) [would adhere] adheres with federal and state laws regarding homeland security, generally, and port safety, specifically.
Comment: Industry requested these changes, to conform to the standards originally adopted for rezoning in the former Maritime Industrial Zoning Overlay District (see pre-TransForm Zoning Code § 8-411(c)).
Title 7. Open-Space and Environmental Districts
Subtitle 4. Chesapeake Bay Critical Area Overlay Zoning District
§ 7-414. Variances and conditional uses.
(d) Applications.
The Board of Municipal and Zoning Appeals must furnish copies of all applications for a conditional use or variance to the Planning Department [and the Chesapeake Bay Critical Area Commission].
Comment: The Chesapeake Bay Critical Area Commission has advised that submitting these applications to Commission is wholly unnecessary.
Title 12. Special Purpose Districts
Subtitle 5. Educational Campus Districts
§ 12-502. Bulk and Yard Regulations.
(a) In general.
[(1)] Except as provided in § 12-503 {“Educational Campus Master Plan”} of this subtitle, Table 12-502: Educational Campus Districts - Bulk and Yard Regulations sets forth the applicable bulk and yard regulations for new construction in the EC-1 and EC-2 Districts.
[(2) Educational buildings existing as of June 5, 2017, regardless of height and yards, are deemed conforming.]
Comment: The legal fiction created by paragraph (2) (“deemed conforming”) carries with it a potential unintended consequence: As a “conforming” structure, if it were later destroyed, it would no longer benefit from the provisions of Title 18 that clearly allow only non-nonconforming structures to be rebuilt “in kind”; instead, like all other conforming structures, the rebuilt structure arguably would be limited to the then existing bulk and yard regulations (height, size, etc.) allowed by the underlying district.
Title 13. Planned Unit Developments
Subtitle 1. Purpose; Transition Rules
§ 13-102. Transition rules.
(a) In general.
Residential, office-residential, business, and industrial planned unit developments approved before the effective date of this Code (June 5, 2017) remain valid as long as they continue to comply with all requirements and conditions of their approvals and [of] with the Zoning Code regulations in effect immediately preceding [that effective date] the date of those approvals.
Comment: Corrects misleading reference to the date from which continued compliance with “Zoning Code regulations” is required.
Subtitle 2. Requirements; Approval Standards; Exceptions
§ 13-201. Authorization.
(a) In general.
Planned unit developments [must] may only be established by an ordinance of the Mayor and City Council enacted in accordance with the provisions of this title.
Comment: Corrects misleading use of “must”; emphasizes exclusivity of authorization.
Title 14. Use Standards
Subtitle 3. Use Standards
§ 14-325. Motor vehicle or recreational vehicle dealerships or rental establishments.
(a) Lot size.
(1) In general.
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.
(2) Scope.
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.
Comment: Clarifies that the minimum lot requirement does not apply to a shared- or multi-use - such as, for example, a rental establishment located on the ground floor of an office building’s parking garage.
(b) Service area.
Any service and repair facilities must also comply with the standards § 14-326 {“Motor vehicle service and repair”} of this subtitle.
(c) Screening.
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.
Comment: Adds screening requirement for operations that otherwise would be visible from the ground level of a residential district.
§ 14-326. Motor vehicle service and repair: Major or minor.
(b) Outdoor storage limitations.
Motor vehicle service and repair shops may not store the same vehicles outdoors on the site for longer than [10] 30 days.
Comment: Extension needed to account for delays in ability to undertake repairs pending verification of insurance coverage.
§ 14-328. Neighborhood commercial establishments.
(a) [In general] Minimum lot area requirements.
[Neighborhood commercial establishment uses are limited to the reuse of existing buildings that were originally constructed and used for non-residential uses in what are now Residential or Office-Residential Zoning Districts.] Because [these] neighborhood commercial establishment uses [are for] apply only to certain already-existing [buildings] structures, [they] those uses are not subject to the minimum lot area required for non-residential uses in Residential or Office-Residential Zoning Districts.
Comment: Deletes unnecessary - and substantively inconsistent - paraphrase of the governing definition in § 1-310(j).
[(e) Off-street parking.]
[No off-street parking is required for uses under 2,500 square feet in gross floor area.]
Comment: Moved to § 16-601(e), as amended below. See Comment to that section.
Title 15. Site Development Standards
Subtitle 3. Measurement Methodologies
§ 15-301. Measurement of building height.
(a) In general.
(2) For purposes of determining compliance with height limitations, the height of a building is determined by measuring the vertical distance:
(i) from the following, as applicable:
(A) from the mean curb level of the right-of-way on which the
property fronts; [or]
(B) if the front wall of the building is not within 30 feet of
the curb, from the average elevation of the ground between
that wall and the curb; or
(C) if the building is in a Regulated Flood-Hazard Area (as defined in and subject to City Code Article 7 {“Natural Resources”}, Division I {“Floodplain Management”}), from the required design-flood elevation (also as defined in and subject to Article 7, Division I); and
(ii) to the following, as applicable:
(A) in the case of a flat roof, to the highest point of the roof
that adjoins the street wall; or
(B) 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.
Comment: New item (i)(C) avoids penalizing development in a Regulated Flood-Hazard Area, for which the governing law imposes a higher base elevation than the options listed in item (i)(A) and (B).
Subtitle 5. Accessory Structures and Uses
§ 15-501. General regulations.
(a) Must be on same lot as principal structure.
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.
Comment: No change. Shown only to provide context for § 1-302(b) and (c), as corrected above.
Title 16. Off-Street Parking and Loading
Subtitle 4. Design of Off-Street Parking Facilities
§ 16-402. Minimum dimensions of off-street parking spaces.
[(a) As in Table 16-402.]
Off-street parking spaces must be designed in accordance with Table 16-402: Off-Street Parking Dimensions.
[(b) Vertical clearance.]
[(1) All parking spaces must have a minimum vertical clearance of 7 feet 6 inches.]
[(2) Floors accessible to ADA-compliant vans must have a minimum vertical clearance of 8 feet 2 inches.]
Comment: Deletes provisions that conflict with Building Code requirements.
§ 16-404. Driveways.
(c) Parking spaces.
(1) Single-family detached and semi-detached dwellings and rowhouse dwellings are allowed a paved parking space. This parking space may not be located in the required front or corner-side yard. In addition, no parking space may be located forward of the front building line.
[(2) No parking space may exceed 18 feet in depth, as measured from the property line or right-of-way.]
Comment: Deletes provision that prevents compliance with other requirements and practical needs, such as access to garages or corner-side yards.
(2) [(3) The maximum impervious surface requirement for a lot may not be exceeded to accommodate a parking space.] On lots that comprise less than 1,000 sq. ft., required parking spaces are excluded from the calculation of the impervious surface for the rear yard.
Comment: Eases requirements for small lots.
§ 16-407. Surfacing.
(a) In general.
Unless otherwise permitted by this title or in subsections (b) or (c) of this section, parking spaces must be surfaced and maintained with a dustless all-weather material in accordance with the Baltimore City Building Code. [Semi-pervious materials, such as grass-crete and pervious pavers, may also be used.]
Comment: Deletes extraneous sentence from subsection. The sentence is inconsistent with the far more limited permission granted by subsection (c) for these same “semi-pervious materials”; the sentence is further contradicted by the express reference, in the immediately preceding sentence, to exceptions for materials “otherwise permitted ... in subsectio[n] ... (c) of this section”.
(c) Semi-pervious materials.
For single-family detached, semi-detached, and rowhouse dwellings, driveways may be constructed of semi-pervious materials, such as grass-crete, pervious pavers, and gravel.
Comment: No change. Shown only to provide context for preceding amendment to subsection (a).
Subtitle 6. Required Off-Street Parking
§ 16-601. Exemption from requirements.
(e) Neighborhood commercial establishment.
[Where] In a neighborhood commercial establishment [is permitted] allowed by this Code, [that use is exempt from parking requirements] no off-street parking is required for any use of less than 2,500 square feet in gross floor area.
Comment: Current § 14-328(e) and § 16-601(e) contain conflicting - and irreconcilable - parking exemptions for neighborhood commercial establishments. This amendment incorporates the former’s language into the latter’s better placement.
Subtitle 7. Required Bicycle Parking
§ 16-705. Required number of bicycle spaces.
(e) Motor vehicle parking offset.
(1) For every 12 required bicycle parking spaces that meet the short- or long-term bicycle parking standards, as set forth in Table 16-705 {“Required Bicycle Spaces”}, the motor vehicle parking required by this title may be reduced by 1 space.
(2) Existing parking may be converted to take advantage of this provision.
Comment: Clarifies that only “required” bicycle spaces qualify towards the offset of required motor vehicle spaces.
Subtitle 8. Additional Vehicle Storage Requirements
§ 16-801. Commercial vehicles [in] on private property zoned for residential [areas] use.
(a) In general.
The following restrictions apply to the storage or parking of commercial vehicles on private property that is zoned for residential use [or that is in a block predominantly zoned for residential use].
(b) Vehicles permitted to park overnight.
Only standard-sized, passenger vehicles including, but not limited to, automobiles, passenger size livery vehicles, vans, sports utility vehicles (SUVs), and pick-up trucks are permitted to be stored or parked outdoors overnight on private property that is zoned for residential use [or that is in a block predominantly zoned for residential use].
(c) Vehicle prohibited from parking overnight.
All other commercial vehicles including, but not limited to, semi-truck tractor units, with or without attached trailers, commercial trailers, buses, limousines (excluding passenger size livery vehicles), tow trucks, or construction vehicles, are prohibited from being stored or parked outside overnight on private property that is zoned for residential use [or that is in a block predominantly zoned for residential use].
Comment: Removes a scope application that is vaguely worded, is difficult to apply, and, as a consequence, has proven to be functionally impractical to enforce.
§ 16-802. Parking or storing of recreational vehicles.
(a) In general.
The parking or storage of recreational vehicles or similar camping equipment must meet the following conditions.
[(b) 48-hour limit in street or driveway of residential district.]
[No recreational vehicle or trailer licensed to transport recreational vehicles or equipment may be parked in the public right-of-way in or in the driveway of a residential district for more than 48 hours.]
[(c) Locations for parking or storage.]
[If the recreational vehicle is not stored in a fully enclosed structure, it must be parked or stored to the rear of the front building line of the lot and located at least 3 feet from the side and rear lot lines. This requirement does not apply to recreational vehicles offered for sale in an approved outdoor sales and display area of a recreational vehicle dealership. Temporary storage tents for recreational vehicles are not considered a fully enclosed structure.]
(b) Parking or storing on private property zoned for residential use.
(1) In general.
No recreational vehicle or trailer licensed to transport recreational vehicles or equipment may be parked or stored on private property that is zoned for residential use unless it is parked or stored:
(i) in a fully enclosed structure, not including a temporary storage tent; or
(ii) on a paved surface:
(A) in the rear yard of the lot; and
(B) at least 3 feet from the side and rear lot lines.
(2) Exception.
This subsection does not apply to recreational vehicles offered for sale in an approved outdoor sales and display area of a recreational vehicle dealership.
(c) [(d)] Use as dwelling, etc., prohibited.
(1) No recreational vehicle may be used for living, sleeping, or housekeeping purposes.
(2) [The] No recreational vehicle may [not] have fixed connections to electricity, water, gas, or sanitary sewer facilities.
(d) [(e)] Maintenance and current registration required.
All recreational vehicles must be maintained in mobile condition. No recreational vehicle may be parked or stored in a manner that creates a dangerous or unsafe condition on the lot where parked or stored. Parking or storage in a way that the recreational vehicle, whether loaded or not, might tip or roll is considered a dangerous and unsafe condition. The recreational vehicle equipment must be kept in good repair and must carry a current year’s license and registration.
Comment: Revises section to more clearly delineate parking and storing restrictions in residential districts. Also, deletes an hours-of-parking limitation that, in one part (as to parking in a “public right-of-way”), is redundant of a broader limitation in Article 31, § 6-22 {“Continuously parking in 1 spot”} and, in its other part (as to parking in a “driveway”), is inconsistent with the limitations elsewhere in this very section.
Title 18. Nonconformities
Subtitle 3. Nonconforming Uses
§ 18-302. Expansion of use or structure.
(a) In general.
A nonconforming use may not be expanded in any manner, nor may any structure be erected or expanded, unless the use of the land and the structure are made to conform to the regulations of the district in which they are located.
(b) Exception.
For a nonconforming use or structure in a Commercial, Industrial, or TOD District, the Zoning Board may authorize by variance an expansion of the gross floor area of the use or structure by up to 25% of that which lawfully existed as of June 5, 2017.
Comment: Allows a limited GFA variance, subject to all standards applicable to variances, for non-conforming uses or structures in commercial and industrial districts.
§ 18-306. Change of use.
(b) When change allowed.
(1) In general.
A nonconforming use may not be changed to any other use except one that is allowed within the zoning district in which it is located.
(2) Exception for certain liquor stores, etc.
A nonconforming retail goods establishment with alcoholic beverage sales subject to § 18-701{“Retail ... establishments ... with alcoholic beverage sales”} or a nonconforming tavern subject to § 18-702 {“Taverns”} of this Code may convert, without conditional use approval, to a neighborhood commercial establishment, subject to the use standards of § 14-328 {“Neighborhood commercial establishments”} of this Code and only to the extent that neighborhood commercial establishments are otherwise expressly allowed by the use table applicable to the underlying zoning district.
Comment: Eases the ability of non-conforming liquor stores and taverns, facing imminent termination, to convert to certain other uses in certain districts.
Title 19. Prohibited Conduct; Enforcement; Administrative and Judicial Review
Subtitle 2. Enforcement
§ 19-207. Service.
(d) Method of service - Posting.
Adequate and sufficient notice may be made by posting a copy of the notice on the property in question if:
(1) the identity or whereabouts of the person responsible is unknown; or
. . . .
Comment: Inserts missing verb.
{Page Left Intentionally Blank}
Zoning Tables
Table 9-301: Rowhouse and Multi-Family Residential Districts -
Permitted and Conditional Uses
|
Uses |
R-5 |
R-6 |
R-7 |
R-8 |
R-9 |
R-10 |
Use Standards |
|
. . . . |
|
|
|
|
|
|
|
|
Commercial |
|
|
|
|
|
|
|
|
. . . |
|
|
|
|
|
|
|
|
Neighborhood Commercial Establishment 1 |
CB, P |
CB, P |
CB, P |
CB, P |
CB, P |
CB, P |
Per § 14-328 |
|
Other |
|
|
|
|
|
|
|
|
Alternative Energy System: Community-Based [1] 2 |
CB, P |
CB, P |
CB, P |
CB, P |
CB, P |
CB, P |
Per § 14-306 |
|
. . . |
|
|
|
|
|
|
|
|
Wireless Communications Services [2] 3 |
CB, P |
CB, P |
CB, P |
CB, P |
CB, P |
CB, P |
Per § 14-338 |
________________________
1 A Neighborhood Commercial Establishment is a permitted use only for the specific nonconforming uses described in § 18-306(b)(2) {“Change of use: Exception for certain liquor stores, etc.”}.
[1 ] 2 A Community-Based Alternative Energy System: (i) if on a lot less than 0.5 acre in lot area, requires conditional-use approval by the Zoning Board, and (ii) if on a lot 0.5 acres or more in lot area, is a permitted use.
[2] 3 Only Wireless Communication Services that are modifications to - and do not substantially change the physical dimension of - an existing telecommunications facility, are considered permitted uses.
Comment: See Comment to § 18-306.
Table 9-401: Rowhouse and Multi-Family Residential Districts -
Bulk and Yard Regulations
|
Categories |
R-5 |
R-6 |
R-7 |
R-8 |
R-9 |
R-10 |
|
. . . . |
|
|
|
|
|
|
|
Minimum Corner-Side Yard |
|
|
|
|
|
|
|
Dwelling: Detached or Semi-Detached |
20 feet |
20 feet |
15 feet |
15 feet |
15 feet |
15 feet |
|
Dwelling: Rowhouse |
20 feet |
20 feet |
15 feet |
None |
None |
None |
|
Dwelling: Multi-Family |
20 feet |
20 feet |
15 feet |
[15 feet] None |
25 feet |
[15 feet] None |
|
All Other Uses |
20 feet |
20 feet |
15 feet |
[15 feet] None |
15 feet |
[15 feet] None |
|
. . . . |
|
|
|
|
|
|
. . . .
Comment: Corner-side yards are not typical in R-8 and R-10 Districts. These amendments allow new construction to conform with that already-existing local pattern.
Table 10-301: Commercial Districts -
Permitted and Conditional Uses
|
Uses |
C-1 |
C-1-VC |
C-1-E |
C-2 |
C-3 |
C-4 |
C-5 |
Use Standards |
|
. . . . |
|
|
|
|
|
|
|
|
|
Commercial |
|
|
|
|
|
|
|
|
|
. . . |
|
|
|
|
|
|
|
|
|
Health and Fitness Center |
P |
P |
P |
P |
P |
P |
P |
|
|
. . . |
|
|
|
|
|
|
|
|
|
Industrial |
|
|
|
|
|
|
|
|
|
. . . |
|
|
|
|
|
|
|
|
|
Mini-Warehouse |
|
|
|
|
CB |
P |
CB 1 |
|
|
. . . . |
|
|
|
|
|
|
|
|
1 Allowed only in [an existing] a structure lawfully existing as of June 5, 2017.
. . . .
Comments: Health and Fitness Center - See Comment to § 1-307.
Mini-Warehouse, n. 1 - Clarifies ambiguous condition by specifying as of when the underlying structure must have been “existing”.
Table 10-401: Commercial Districts (C-1 to C-4) -
Bulk and Yard Regulations
|
Categories |
C-1 |
C-1-VC 1 |
C-1-E |
C-2 |
C-3 |
C-4 |
|
. . . . |
|
|
|
|
|
|
|
Minimum Corner-Side Yard |
|
|
|
|
|
|
|
All Uses |
For 1st 25 ft. from front lot line: Where structure is to be located, must build to corner-side lot line. After 1st 25 ft.: No yard requirement. |
For 1st 25 ft. from front lot line: Where structure is to be located, must build to corner-side lot line. After 1st 25 ft.: Minimum [setback] corner-side yard of 25 ft. |
For 1st 25 ft. from front lot line: Where structure is to be located, must build to corner-side lot line. After 1st 25 ft.: No yard requirement. |
None |
None |
None 5 |
|
. . . . |
|
|
|
|
|
|
. . . .
Comment: Corrects self-contradiction. As currently written, this provision would require that a structure, “[f]or the 1st 25 ft. from the front line”, must both (i) be “buil[t] to the corner-side lot line” and (ii) at the same time, have a “minimum setback of 25 ft.” from that same corner-side lot line - a veritable impossibility!
Table 10-401: Commercial Districts (C-5) -
Bulk and Yard Regulations
|
Categories |
C-5-DC |
C-5-IH |
C-5-DE |
C-5-HT |
C-5-TO |
C-5-HS |
C-5-G |
|
Maximum Bldg Height |
|
|
|
|
|
|
|
|
All Uses |
None |
100 feet |
125 feet |
80 feet |
175 feet |
175 feet |
80 feet |
|
Minimum Bldg Height |
|
|
|
|
|
|
|
|
All Uses |
36 feet |
None |
36 feet |
36 feet |
36 feet |
36 feet |
36 feet |
|
Minimum Front Yard |
|
|
|
|
|
|
|
|
All Uses |
[Build to front lot line1] None |
None |
[Build to front lot line1] None |
[Build to front lot line1] None |
[Build to front lot line1] None |
[Build to front lot line1] None |
[Build to front lot line1] None |
|
Minimum Interior Side Yard |
|
|
|
|
|
|
|
|
All Uses |
None |
None |
None |
None |
None |
None |
None |
|
Minimum Corner-Side Yard |
|
|
|
|
|
|
|
|
All Uses |
[Build to corner-side lot line 2] None |
None |
[Build to corner-side lot line 2] None |
[Build to corner-side lot line 2] None |
[Build to corner-side lot line 2] None |
[Build to corner-side lot line 2] None |
[Build to corner-side lot line 2] None |
|
Minimum Rear Yard |
|
|
|
|
|
|
|
|
All Uses |
None |
None |
None |
None |
None |
None |
None |
_______________________
[1 However, a front yard may be allowed by the Zoning Board as a conditional use.]
[2 However, a corner-side yard may be allowed by the Zoning Board as a conditional use.]
Comment: The current language does not account for handicapped ramps and similar needs. This amendment removes this inflexible requirement for a situation that, in any event, is best handled through the design-review process required for the C-5 District.
Table 11-301: Industrial Districts -
Permitted and Conditional Uses
|
Uses |
OIC |
BSC |
I-MU |
I-1 |
I-2 |
MI |
Use Standards |
|
Residential |
|
|
|
|
|
|
|
|
. . . |
|
|
|
|
|
|
|
|
Rooming House |
|
|
CB |
|
|
|
|
|
. . . . |
|
|
|
|
|
|
|
|
Commercial |
|
|
|
|
|
|
|
|
. . . |
|
|
|
|
|
|
|
|
Health And Fitness Center |
P |
P |
P |
|
|
|
|
|
. . . |
|
|
|
|
|
|
|
|
Motor Vehicle Service and Repair: Major |
|
|
|
CB |
CB |
|
Per § 14-326 |
|
Motor Vehicle Service and Repair: Minor |
|
|
CO |
[CO] CB |
CB |
|
Per § 14-326 |
|
. . . . |
|
|
|
|
|
|
|
. . . .
Comments: Rooming House - Allows for the communal housing often associated with and needed for arts studios in the I-MU District.
Health and Fitness Center - See Comment to § 1-307.
Motor Vehicle Service and Repair - As requested by inspectors working with the Violence
Reduction Initiative, to provide more opportunities for lawfully operated service and repair facilities.
Table 12-301: Office-Residential Districts -
Permitted and Conditional Uses
|
Uses |
OR |
Use Standards |
|
. . . . |
|
|
|
Commercial |
|
|
|
. . . |
|
|
|
Neighborhood Commercial Establishment 1 |
CB, P |
Per § 14-328 |
|
. . . . |
|
|
________________________
1 A Neighborhood Commercial Establishment is a permitted use only [if]: (i) [the] for a structure that has 50 or more dwelling units[;] and [(ii)] if non-residential uses are limited to 10% of the structure's gross floor area; or (ii) for the specific nonconforming uses described in § 18-306(b)(2) {“Change of use: Exception”}.
. . . .
Comment: See Comment to § 18-306.
Table 12-402: Transit-Oriented Development Districts -
Permitted and Conditional Uses
|
Uses |
TOD-1 |
TOD-2 |
TOD-3 |
TOD-4 |
Use Standards |
|
. . . . |
|
|
|
|
|
|
Commercial |
|
|
|
|
|
|
. . . |
|
|
|
|
|
|
Health and Fitness Center |
P |
P |
P |
P |
|
|
. . . . |
|
|
|
|
|
. . . .
Comment: See Comment to § 1-307.
Table 12-403: Transit-Oriented Development Districts -
Bulk and Yard Regulations
|
Categories |
TOD-1 |
TOD-2 |
TOD-3 |
TOD-4 |
|
Minimum Lot Area |
|
|
|
|
|
Dwelling: Multi-Family |
300 sq.ft/du |
None |
[300 sq.ft/du] None |
None |
|
All Other Uses |
None |
None |
None |
None |
|
. . . . |
|
|
|
|
. . . .
Comment: Conforms TOD-3 District to TOD-4 District, in accord with the intention that these two districts have similar bulk and yard regulations. (Note that this is the only instance in this Table where their bulk and yard regulations currently differ.)
Table 12-601: Hospital Campus Districts -
Permitted and Conditional Uses
|
Uses |
H |
Use Standards |
|
. . . . |
|
|
|
Commercial |
|
|
|
. . . |
|
|
|
Health and Fitness Center |
P |
|
|
. . . . |
|
|
. . . .
Comment: See Comment to § 1-307.
Table 12-903(4): Middle Branch Waterfront Area
Height Limitations - As in § 12-905(c) of this Code.
Comment: Completes this Table.
Table 12-1302: Port Covington District -
Permitted and Conditional Uses
|
Uses |
PC-1 |
PC-2 |
PC-3 |
PC-4 |
Use Standards |
|
. . . . |
|
|
|
|
|
|
Commercial |
|
|
|
|
|
|
. . . |
|
|
|
|
|
|
Health and Fitness Center |
|
P |
P |
P |
|
|
. . . . |
|
|
|
|
|
. . . .
Comment: See Comment to § 1-307.
Table 15-601: Permitted Encroachments into Required Yards
|
Permitted Encroachments |
Front Yard/ Corner-Side Yard |
Interior- Side Yard |
Rear Yard |
|
. . . |
|
|
|
|
Balcony - At least 5' from front lot line or corner-side lot line |
x |
|
x |
|
Bicycle parking space |
x |
x |
x |
|
Chimney - No more than 2' into a required yard |
x |
x |
x |
|
. . . |
|
|
|
|
[Deck] |
|
|
[x] |
|
. . . |
|
|
|
|
Mechanical equipment (§ 15-508) |
x |
x |
x |
|
Off-street loading spaces, open |
|
x |
x |
|
Off-street parking spaces, open |
|
x |
x |
|
Patio or terrace, open |
x |
x |
x |
|
. . . |
|
|
|
|
Porch (§ 15-512), unenclosed, with or without roof - No more than 1 story high; No more than 8' into a required yard. |
x |
x |
x |
|
Porch (§ 15-512), unenclosed, with or without roof - more than 1 story high; No more than 8' into a required yard. |
|
|
x |
|
. . . |
|
|
|
|
Shed, tool house, or similar storage structure - No more than 180 sq. ft. in a residential zoning district. |
[x] |
[x] |
x |
|
. . . . |
|
|
|
Comment: These changes address various practical issue that came to light during the first 8+ months of the new Code’s implementation.
Table 16-406: Required Off-Street Parking
|
Uses |
Parking Spaces Required |
|
. . . |
|
|
Health and Fitness Center |
2 per 1,000 sq. ft. of public use area |
|
. . . . |
|
Comment: See Comment to § 1-307.
Ordinance 17-015
{“Baltimore City Zoning Code - Legalization - Corrections”}
Section 4. And be it further ordained, That if a section, subsection, paragraph, subparagraph, tabulated item or subitem, footnote, or other statutory unit is added to or repealed from City Code Article 32 {“Zoning”} by this or any subsequent Ordinance, the Department of Legislative Reference, in codifying the amendatory Ordinance, is authorized to renumber or reletter related statutory units as appropriate to reflect the added or repealed unit and is further authorized to conform cross-references to the renumbered or relettered statutory units.
Comment: Adds “footnote[s]” to the illustrative list of “statutory unit[s]”; they, too, will benefit from administrative renumbering or relettering.
Section 2. And be it further ordained, That the catchlines contained in this Ordinance are not law and may not be considered to have been enacted as a part of this or any prior Ordinance.
Section 3. And be it further ordained, That this Ordinance takes effect on the 30th day after the date it is enacted.