City of Baltimore
Baltimore City Code

§ 1-302. "Abut" to "Awning".

(a) Abut.

"Abut" means to share a common lot line or zoning district boundary without being separated by a street or alley.

(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) located on the same lot as the principal structure served.

(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) located on the same lot as the principal use or principal structure served.

(d) Addition; Enlargement.

"Addition" or "enlargement", when referring to a structure, means construction that increases the height, length, width, or floor area of the structure.

(e) Adjacent.

"Adjacent" means to lie near, close to, or in the vicinity of.

(f) Adjoining.

"Adjoining" means to touch, abut, or border on, as distinguished from adjacent.

(g) Adult day-care center.

See "Day-care center: Adult".

(h) Adult day-care home.

See "Day-care home: Adult".

(i) Adult use.

(1) General.

"Adult use" means any establishment that offers its customers, for viewing, purchase, loan, or otherwise, sexually explicit materials or entertainment that, applying contemporary standards, the average individual would find, taken as a whole, appeals to the prurient interest.

(2) Inclusions.

"Adult use" includes any:

(i) adult-entertainment business, as defined in City Code Article 15, Subtitle 1 {"Adult-Entertainment Businesses"};

(ii) adult book or video store, as defined in paragraph (3) of this subsection; and

(iii) peep show establishment, as defined in City Code Article 13, Subtitle 13 {"Licensing of Peep Show Establishments"}.

(3) "Adult book or video store" defined.

(i) In general.

"Adult book or video store" means a place of activity the principal use of which is to sell, transfer, or disseminate sexually explicit material, including the following:

(A) any picture, photograph, drawing, sculpture, video, or similar visual representation or image of an individual or part of the human body that:

1. depicts nudity, sadomasochistic abuse, sexual conduct, or sexual excitement; and

2. is harmful to minors; or

(B) any book, pamphlet, magazine, printed matter however reproduced, or sound recording that:

1. contains any matter enumerated in item A of this subparagraph or any explicit and detailed verbal descriptions or narrative accounts of sadomasochistic abuse, sexual conduct, or sexual excitement; and

2. taken as a whole, is harmful to minors.

(ii) Supplemental definitions.

In this paragraph (3), "harmful to minors", "nudity", "sadomasochistic abuse", "sexual conduct", and "sexual excitement" have meanings stated in City Code Article 19, § 36-1 {"Minors - Indecent Materials: Definitions"}.

(i-1) After-hours establishment.

"After-hours establishment" means any of the following uses that is open for any period of time after 2 a.m. and before 6 a.m. on any day:

(1) a banquet hall, a lodge or social club, or a similar place; or

(2) an adult use, a lounge, live entertainment as a principal use, or a restaurant that provides live entertainment as an accessory use.

(j) Age-restricted multi-family dwelling.

"Age-restricted multi-family dwelling" means a multi-family dwelling that restricts occupancy to individuals 62 years old or older.

(k) Age-restricted residential-care facility.

"Age-restricted residential-care facility" means a residential-care facility that restricts residents to individuals 62 years old or older.

(l) Alley.

"Alley" means any roadway that is open to the general public and primarily designed and used for the servicing of adjacent buildings through their rear or side entrances.

(m) Alteration.

"Alteration" means a change in the size, shape, occupancy, or use of a structure.

(n) Alternative energy system.

(1) In general.

"Alternative energy system" means equipment used to generate thermal or electrical energy from renewable sources.

(2) Inclusions.

"Alternative energy system" includes:

(i) a commercial alternative energy system;

(ii) a community-based alternative energy system; and

(iii) a private alternative energy system.

(o) Alternative energy system: Commercial.

"Alternative energy system: Commercial" means an alternative energy system designed to produce greater levels of energy for consumers with high energy demands, such as industrial users, or for supply to an electric grid.

(p) Alternative energy system: Community-based.

"Alternative energy system: Community-based" means an alternative energy system that:

(1) primarily produces energy for consumption on site by a property owner or for supply to an electric grid; and

(2) is supported by community members who purchase energy from the system and who might benefit financially from the system.

(q) Amateur (ham) radio equipment.

"Amateur (ham) radio equipment" has the meaning stated in § 15-502 {"Amateur (ham) radio equipment"} of this Code.

(r) Animal clinic.

(1) In general.

"Animal clinic" means an establishment used by a licensed veterinarian:

(i) for the immunization, diagnosis, or treatment of animals or for surgery on animals and

(ii) for boarding animals during their treatment or convalescence.

(2) Exclusions.

"Animal clinic" does not include a kennel.

(s) Architectural feature.

"Architectural feature" means a part or projection of a structure, excluding a sign, that:

(1) contributes to the aesthetics of the structure; and

(2) is not needed either for the structural integrity of the structure or to make the structure habitable.

(t) Art gallery.

(1) In general.

"Art gallery" means an establishment that engages in the sale, loan, or display of paintings, sculptures, photographs, video art, or other works of art.

(2) Exclusions.

"Art gallery" does not include:

(i) a cultural facility, such as a library, museum, or non-commercial gallery that might also display works of art;

(ii) an arts studio; or

(iii) an arts studio - industrial.

(u) Arts studio.

(1) In general.

"Arts studio" means an establishment in which an art, a type of exercise, or an activity is taught, practiced, or studied, such as dance, martial arts, photography, music, painting, gymnastics, or yoga.

(2) Inclusions.

"Arts studio" includes:

(i) performance-space related to the classes taught on-site; and

(ii) recording studios.

(3) Exclusions.

"Arts studio" does not include an establishment that teaches the types of arts taught in an arts studio – industrial.

(v) Arts studio: Industrial.

"Arts studio: Industrial" means a studio for artisan-related crafts, such as small-scale metalworking, glassblowing, furniture making, pottery, leathercraft, and similar activities.

(w) Awning.

"Awning" means an architectural projection that:

(1) comprises a lightweight frame structure over which a covering is attached;

(2) is designed to provide weather protection, identity, or decoration; and

(3) is partially or wholly supported by the building to which it is attached.