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: Councilmember Schleifer
A Bill Entitled
An Ordinance concerning
title
Zoning - Use Standards - Neighborhood Commercial Establishments
For the purpose of allowing the limited expansion of a non-residential use into a newly constructed addition to the principal building; and conforming and clarifying related provisions.
body
By repealing and reordaining, with amendments
Article 32 - Zoning
Sections 14-328, 18-302, and 18-403
Baltimore City Code
(Edition 2000)
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 14. Use Standards
Subtitle 3. Use Standards
§ 14-328. Neighborhood commercial establishments.
(a) Minimum lot area requirements.
Because neighborhood commercial establishment uses apply only to certain already-existing [structures] buildings, those uses are not subject to the minimum lot area required for non-residential uses in Residential or Office-Residential Zoning Districts.
(b) Non-residential uses allowed.
A neighborhood commercial establishment may contain the following non-residential uses:
(1) Art galleries - no live entertainment or dancing.
(2) Arts studios.
(3) Day care centers: adult or child.
(4) Offices.
(5) Personal services establishments.
(6) Restaurants - no live entertainment or dancing.
(7) Retail goods establishments - no alcoholic beverage sales.
(c) Pedestrian orientation.
The development and the proposed use must be pedestrian-oriented and not oriented to the automobile.
(d) Principal entrance.
The principal entrance must be a direct entry from the primary adjoining street.
(e) {vacant}
(f) Drive-through facilities prohibited.
Drive-through facilities are prohibited.
(g) Uses limited to building interior.
(1) In general.
Except as the Zoning Board authorizes, as a conditional use:
(i) [(1) All] all business, servicing, processing, and storage uses must be located within the building[.]; and
(ii) [(2) Outside] outside storage or display is prohibited.
(2) Limited expansion of use and building.
The Zoning Board may authorize, as a conditional use, the expansion of a non-residential use into a newly constructed addition to the principal building as long as the floor area of the use in the newly constructed addition does not exceed 25% of the floor area used for that use in the principal building.
(h) Signs.
Signs must comply with Title 17 {“Signs”} of this Code.
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] Exceptions.
(1) Commercial, Industrial, and TOD Districts.
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.
(2) Neighborhood commercial establishments.
For a nonconforming use or structure in a neighborhood commercial establishment, the Zoning Board may authorize the expansion of a non-residential use into a newly constructed addition to the principal building in accordance with § 14-328(g)(2) {“Limited expansion ...”} of this Code.
Subtitle 4. Nonconforming Structures
§ 18-403. Expansion of structure.
(a) In general.
A nonconforming structure may not be expanded if the expansion would, in any way, create a new nonconformity, increase the degree of any nonconformity, or increase the bulk of the structure.
(b) Exception.
For a nonconforming structure in a neighborhood commercial establishment, the Zoning Board may authorize the expansion of a non-residential use into a newly constructed addition to the principal building in accordance with § 14-328(g)(2) {“Limited expansion ...”} of this Code.
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.