Title 12
Special Purpose Districts
Subtitle 1
Purpose of Title
§ 12-101. In general.
The purpose of this title is to set out the use regulations, bulk and yard regulations, and other standards for:
(1) Office-Residential Zoning Districts;
(2) Transit-Oriented Development Zoning Districts;
(3) Educational Campus Zoning Districts;
(4) Hospital Campus Zoning Districts;
(5) Transportation Zoning Districts;
(6) {Reserved}
(7) Waterfront Overlay Zoning Districts;
(8) Rowhouse Mixed-Use Overlay Zoning Districts;
(9) Detached Dwelling Mixed-Use Overlay Zoning Districts;
(10) Adult-Use Overlay Zoning Districts; and
(11) Port Covington Zoning District.
§ 12-102. Purpose of overlay districts.
An overlay district is a district, established by ordinance, by which a layer of regulations is superimposed on the regulations of an underlying zoning district. The overlay district is intended to modify or supplement the regulations of its underlying zoning districts in recognition of unique circumstances in the area, while maintaining the general character and purpose of the underlying zoning districts over which it is located.
Subtitle 2
District Descriptions
§ 12-201. OR Office-Residential Districts.
OR Office-Residential Zoning Districts are intended for areas where there is a mix of office and residential uses. The regulations for these Districts are designed to ensure that office uses remain compatible with residential uses, thereby permitting the area to maintain a more residential character.
§ 12-202. TOD Transit-Oriented Development Districts.
The purpose of TOD Transit-Oriented Development Zoning Districts is to encourage the location of uses and forms of development conducive to increased transit usage. These Districts are intended to promote new, well-integrated residential and commercial development around transit stations, to ensure that new development occurs in the form of compatible, higher density, transit-friendly design in close proximity to transit systems, to encourage a pedestrian-orientation in new development, to decrease reliance on motor vehicles by increasing transit uses, and to encourage a mix of buildings and activities that provides settings for social interaction and active community life. In order to address the different characteristics of transit locations within the City, 4 TOD Districts are established: the TOD-1 District, TOD-2 District, TOD-3 District and the TOD-4 District. The primary distinctions among these 4 TOD Districts are height, residential density, and use mix.
§ 12-203. EC Educational Campus Districts.
EC Educational Campus Zoning Districts are intended for the campuses of educational facilities to facilitate an orderly and efficient regulation process for these types of users. There are 2 Educational Campus Zoning Districts: a campus district for colleges and universities that allows for certain non-educational uses and dormitories for students and a second campus for primary and secondary educational facilities that is restricted to education-related uses. These Districts provide a set of base district regulations that offers a certain intensity of development by right. They also provide an allowance for a Campus Master Plan, which must be approved by ordinance, that allows for flexibility in the development and expansion of the campus above the base district regulations.
§ 12-204. H Hospital Campus Districts.
H Hospital Campus Zoning Districts are intended to address the special needs and impacts of large-scale, multi-functional hospitals and medical campuses, including hospital-related and support service uses, such as offices and commercial uses. These Districts provide a set of base district regulations that offers a certain intensity of development by right. They also provide an allowance for a General Development Plan, which must be approved by ordinance, that allows for flexibility in the development and expansion of the hospital campus above the base district regulations.
§ 12-205. T Transportation Districts.
T Transportation Zoning Districts are intended to preserve, protect and enhance road, rail and other transportation corridors within the City.
12-206. {Reserved}
§ 12-207. W Waterfront Overlay Districts.
W Waterfront Overlay Zoning Districts are intended to preserve, create, and enhance public views of and access to the waterfront and creatively encourage use of the waterfront by providing a waterfront promenade, including connections to nearby public rights-of-way, open spaces, and other public amenities. These Districts serve to establish a process to encourage new waterfront development to occur in a manner that seeks to minimize substantial change to existing public views of the waterfront from adjacent public streets and neighborhoods, and to enhance the existing waterfront promenade by creating a continuous public access via a promenade along non-industrial portions of the City's waterfront.
§ 12-208. R-MU Rowhouse Mixed-Use Overlay Districts.
R-MU Rowhouse Mixed-Use Overlay Zoning Districts are intended to address those areas of rowhouse development where a mixed-use environment is desired, where some rowhouse structures are used for residential uses and others for first-floor commercial uses. These Overlay Districts are tied directly to the underlying rowhouse district in order to maintain the existing character of the development and the neighborhood. Commercial uses are restricted to only those uses that are compatible with residential uses.
§ 12-209. D-MU Detached Dwelling Mixed-Use Overlay Districts.
D-MU Detached Dwelling Mixed-Use Overlay Zoning Districts address those areas of detached dwelling development where a mixed-use environment is desired, where some detached dwellings are used for residential uses and others for first-floor non-residential uses. These Overlay Districts are tied directly to the underlying detached residential district in order to maintain the existing character of the development and the neighborhood. Non-residential uses are restricted to only those uses that are compatible with residential uses.
§ 12-210. AU Adult Use Overlay Districts.
AU Adult Use Overlay Zoning Districts are intended to provide areas in which to operate an adult use.
§ 12-211. PC Port Covington Zoning District.
The Port Covington Zoning District is intended to establish the standards to accommodate the transition of the Port Covington area, located along the north shore of the Middle Branch of the Patapsco River, from a heavy industrial area to a high intensity, mixed-use, waterfront-oriented area over time. The standards recognize that this area is unique because of both its waterfront access and separation from established neighborhoods to the north by the elevated portion of I-95 and a heavy rail line. The Port Covington Zoning District is designed to accommodate an office-industrial headquarters campus and adjacent high-intensity mixed-use with recreational and entertainment amenities to promote a live-work-play community within an ecologically sustainable environment.
§ 12-212. Harford Road Overlay District.
The Harford Road Overlay District is intended to increase customer supply to businesses along the Harford Road corridor beginning at Argonne Drive and continuing along the center line of Harford Road until the point of intersection with the northern boundary line of the City at Hillcrest Avenue. The regulations for this overlay district are designed to:
(1) improve the pedestrian experience;
(2) increase transit access and ridership;
(3) reduce the requirements for a business owner, developer, and the City to allocate resources to cars and trucks;
(4) promote sustainable mixed-use development;
(5) promote investment in public spaces through new construction; and
(6) increase housing opportunity and diversity.
This overlay district is tied to the underlying zoning district to maintain the existing character of the development and neighborhood.
Subtitle 3
Office-Residential Districts
§ 12-301. Use regulations.
Only those uses of land listed in Table 12-301: Office-Residential Districts – Permitted and Conditional Uses are allowed within an OR Zoning District.
§ 12-302. Bulk and yard regulations.
(a) In general.
Table 12-302: Office-Residential Districts – Bulk and Yard Regulations sets forth the applicable bulk and yard regulations for an OR District.
(b) Measurement methodologies.
Measurement methodologies are as set forth in Title 15, Subtitle 3 {"Measurement Methodologies"} of this Code.
(c) Exceptions and requirements.
Exceptions and requirements are as set forth in Title 15, Subtitle 4 {"Exceptions and Requirements"} of this Code.
§ 12-303. Other applicable standards.
(a) In general.
OR Zoning Districts are also subject to the standards listed in this section.
(b) Accessory structures and uses.
Standards governing accessory structures and uses are set forth in Title 15, Subtitle 5 {"Accessory Structures and Uses"} of this Code.
(c) Site development.
On-site development standards are set forth in Title 15 {"Site Development Standards"} of this Code.
(d) Off-street parking and loading.
Standards governing off-street parking and loading are set forth in Title 16 {"Off-Street Parking and Loading"} of this Code.
(e) Design standards.
All developments of the type described in § 4-405 {"Design Review: Applicability"} of this Code must comply with the applicable design standards required by the Baltimore City Design Manual.
(f) Landscaping and screening.
All landscaping and screening must comply with the requirements of the Baltimore City Landscape Manual.
(g) Signs.
Standards governing signs are set forth in Title 17 {"Signs"} of this Code.
(h) Temporary uses.
Standards governing temporary uses are set forth in Title 14, Subtitle 4 {"Temporary-Use Standards"} of this Code.
(i) Residential conversions.
The conversion of a single-family dwelling to a multi-family dwelling is allowed in an OR Zoning District, subject to the requirements of § 9-702 {"Residential Conversions: Design review"} and § 9-703 {"Residential Conversions: Conversion standards"} of this Code.
Subtitle 4
Transit-Oriented Development Districts
§ 12-401. Establishment of TOD Districts.
4 types of Transit-Oriented Development Districts are established for areas around existing and anticipated transit stations, as follows:
(1) The TOD-1 Transit-Oriented Development District is characterized by a more restrictive height and a limited retail use mix;
(2) the TOD-2 Transit-Oriented Development District is characterized by a more restrictive height and a full mix of uses;
(3) the TOD-3 Transit-Oriented Development District is characterized by significant height and a limited retail use mix; and
(4) the TOD-4 Transit-Oriented Development District is characterized by significant height and a full mix of uses.
§ 12-402. Use regulations.
Only those uses of land listed in Table 12-402: Transit-Oriented Development Districts – Permitted and Conditional Uses are allowed within a TOD Zoning District.
§ 12-403. Bulk and yard regulations.
(a) In general.
Table 12-403: Transit-Oriented Development Districts – Bulk and Yard Regulations sets forth the applicable bulk and yard regulations for a TOD District.
(b) Measurement methodologies.
Measurement methodologies are as set forth in Title 15, Subtitle 3 {"Measurement Methodologies"} of this Code.
(c) Exceptions and requirements.
Exceptions and requirements are as set forth in Title 15, Subtitle 4 {"Exceptions and Requirements"} of this Code.
12-404. {Reserved}
§ 12-405. Parking requirements.
(a) In general.
(1) The parking regulations of this section apply to the TOD Districts, in addition to the parking regulations of Title 16 {"Off-Street Parking and Loading"} of this Code.
(2) For all commercial and mixed-use structures, off-street parking is prohibited in front of the corner-side or front building line.
(b) Residential uses.
(1) For a multi-family dwelling, no more than 1 off-street parking space per dwelling unit, plus 1 guest space per 15 dwelling units is permitted.
(2) For a rowhouse or multi-family dwelling, no minimum parking is required.
(c) Non-residential uses.
(1) Non-residential uses of less than 2,000 square feet are exempt from all parking requirements.
(2) Parking for non-residential uses may be provided at no more than 3 spaces per 1,000 square feet of gross floor area.
(d) Lots.
Parking lots may not exceed 1 acre in size.
(e) Ingress and egress.
Where feasible, ingress to and egress from parking must be from side streets or alleys.
§ 12-406. Other applicable standards.
(a) In general.
The TOD Zoning Districts are also subject to the standards listed in this section.
(b) Accessory structures and uses.
Standards governing accessory structures and uses are set forth in Title 15, Subtitle 5 {"Accessory Structures and Uses"} of this Code.
(c) Site development.
On-site development standards are set forth in Title 15 {"Site Development Standards"} of this Code.
(d) Off-street parking and loading.
Standards governing off-street parking and loading are set forth in Title 16 {"Off-Street Parking and Loading"} of this Code.
(e) Design standards.
All developments of the type described in § 4-405 {"Design Review: Applicability"} of this Code must comply with the applicable design standards required by the Baltimore City Design Manual.
(f) Landscaping and screening.
All landscaping and screening must comply with the requirements of the Baltimore City Landscape Manual.
(g) Signs.
Standards governing signs are set forth in Title 17 {"Signs"} of this Code.
(h) Temporary uses.
Standards governing temporary uses are set forth in Title 14, Subtitle 4 {"Temporary-Use Standards"} of this Code.
Subtitle 5
Educational Campus Districts
§ 12-501. Use Regulations.
Only those uses of land listed in Table 12-501: Educational Campus Districts – Permitted and Conditional Uses are allowed within an Educational Campus Zoning District.
§ 12-502. Bulk and Yard Regulations.
(a) In general.
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.
(b) Measurement methodologies.
Measurement methodologies are as set forth in Title 15, Subtitle 3 {"Measurement Methodologies"} of this Code.
(c) Exceptions and requirements.
In this District, height limits are relative to the perimeter street building. Therefore, height is measured from the closest perimeter street to the building.
§ 12-503. Educational Campus Master Plan.
(a) In general.
(1) An educational facility within the EC District must obtain approval by ordinance of a Campus Master Plan for any new construction that would deviate from the bulk and yard regulations of Table 12-502.
(2) Once a Campus Master Plan is submitted and approved, the development proceeds in accordance with the plan rather than the base district regulations.
(3) Until a Campus Master Plan has been approved, Table 12-502 applies in its entirety to the EC District.
(b) Applicability; Effect.
A Campus Master Plan may be applied only to those properties owned by an educational facility.
(c) Procedure.
A Campus Master Plan (and any subsequent amendment to it) requires approval by ordinance, in accordance with the applicable procedures of Title 5, Subtitle 5 {"Legislative Authorizations"} of this Code.
(d) Submittal requirements.
The Campus Master Plan must:
(1) address the general site layout of the entire district; and
(2) include the following:
(i) a site plan for development of the entire district, including the proposed boundaries of the District;
(ii) the location, square footage, and building heights of all existing structures and uses;
(iii) the location, approximate square footage, and approximate building heights, within a reasonable range, of all proposed structures and uses;
(iv) a landscape plan that shows the location of all open space and of any buffering or screening along the perimeter of the district;
(v) a sign plan that shows the location of all proposed signs;
(vi) internal traffic circulation plans, including traffic ingress and egress locations, pedestrian circulation, bicycle circulation, and public transit access; and
(vii) the location and capacity of all off-street parking and loading spaces.
(e) EC District zoning map amendments.
(1) A condition of the EC-1 or EC-2 District zoning designation is that the primary use within the proposed area is an educational facility.
(2) An educational facility may choose to submit a Campus Master Plan for approval simultaneously with a zoning map amendment, both subject to approval by ordinance, so that the land would controlled by the Campus Master Plan, rather than the base district standards.
(3) Map amendments to increase the boundaries of, add additional uses to, or add additional property to the EC District requires Campus Master Plan approval by ordinance.
§ 12-504. Other applicable standards.
(a) In general.
Unless a Campus Master Plan has been approved, the standards listed in this section apply to the EC Districts.
(b) Accessory structures and uses.
Standards governing accessory structures and uses are set forth in Title 15, Subtitle 5 {"Accessory Structures and Uses"} of this Code.
(c) Site development.
On-site development standards are set forth in Title 15 {"Site Development Standards"} of this Code.
(d) Off-street parking and loading.
Standards governing off-street parking and loading are set forth in Title 16 {"Off-Street Parking and Loading"} of this Code.
(e) Design standards.
All developments of the type described in § 4-405 {"Design Review: Applicability"} of this Code must comply with the applicable design standards required by the Baltimore City Design Manual.
(f) Landscaping and screening.
All landscaping and screening must comply with the requirements of the Baltimore City Landscape Manual.
(g) Signs.
Standards governing signs are set forth in Title 17 {"Signs"} of this Code.
(h) Temporary uses.
Standards governing temporary uses are set forth in Title 14, Subtitle 4 {"Temporary-Use Standards"} of this Code.
§ 12-505. Minimum size of district.
An Educational Campus District must encompass at least the smaller of the following:
(1) 2 acres of land; or
(2) the entire city block on which it is situated.
Subtitle 6
Hospital Campus Districts
§ 12-601. Use regulations.
Only those uses of land listed in Table 12-601: Hospital Campus Districts – Permitted and Conditional Uses are allowed within a Hospital Campus Zoning District.
§ 12-602. Bulk and yard regulations.
(a) In general.
(1) Except as provided in § 12-603 {"Hospital General Development Plan"} of this subtitle, Table 12-602: Hospital Campus Districts – Bulk and Yard Regulations sets forth the applicable bulk and yard regulations for new construction in the H District.
(2) Hospital buildings existing as of June 5, 2017, regardless of height and yards, are deemed conforming.
(b) Measurement methodologies.
Measurement methodologies are as set forth in Title 15, Subtitle 3 {"Measurement Methodologies"} of this Code.
(c) Exceptions and requirements.
In this District, height limits are relative to the perimeter street building. Therefore, height is measured from the closest perimeter street to the building.
§ 12-603. Hospital General Development Plan.
(a) In general.
(1) A hospital facility within the H District must obtain approval by ordinance of a General Development Plan for any new construction that would deviate from the bulk and yard regulations of Table 12-602.
(2) Once a General Development Plan is submitted and approved, the development proceeds in accordance with the plan rather than the base district regulations.
(b) Applicability; Effect.
(1) A General Development Plan may be applied only to those properties owned by a hospital facility at the time of the plan's approval.
(2) An approved General Development Plan is a permitted exception to all base district regulations expressly made subject to the plan, including plan-approved use, sign, parking, and maximum height regulations.
(c) Procedure.
A General Development Plan (and any subsequent amendment to it) requires approval by ordinance, in accordance with the applicable procedures of Title 5, Subtitle 5 {"Legislative Authorizations"} of this Code.
(d) Submittal requirements.
The General Development Plan must:
(1) address the general site layout of the entire district; and
(2) include the following:
(i) a site plan for development of the entire district, including the proposed boundaries of the District;
(ii) the location, square footage, and building heights of all existing structures and uses;
(iii) the location, approximate square footage, and approximate building heights, within a reasonable range, of all proposed structures and uses;
(iv) a landscape plan that shows the location of all open space and of any buffering or screening along the perimeter of the district;
(v) a sign plan that shows the location of all proposed signs;
(vi) internal traffic circulation plans, including traffic ingress and egress locations, pedestrian circulation, bicycle circulation, and public transit access; and
(vii) the location and capacity of existing and proposed off-street parking and loading spaces.
(e) H District zoning map amendments.
(1) A condition of the H District zoning designation is that the primary use within the proposed area is a hospital.
(2) A hospital may choose to submit a General Development Plan for approval simultaneously with a zoning map amendment, both subject to approval by ordinance, so that the land would be controlled by the General Development Plan, rather than the base district standards.
(3) Map amendments to increase the boundaries of, add additional uses to, or add additional property to the H District requires General Development Plan approval by ordinance.
§ 12-604. Other applicable standards.
(a) In general.
Unless a General Development Plan has been approved, the standards listed in this section apply to the H District.
(b) Accessory structures and uses.
Standards governing accessory structures and uses are set forth in Title 15, Subtitle 5 {"Accessory Structures and Uses"} of this Code.
(c) Site development.
On-site development standards are set forth in Title 15 {"Site Development Standards"} of this Code.
(d) Off-street parking and loading.
Standards governing off-street parking and loading are set forth in Title 16 {"Off-Street Parking and Loading"} of this Code.
(e) Design standards.
All developments of the type described in § 4-405 {"Design Review: Applicability"} of this Code must comply with the applicable design standards required by the Baltimore City Design Manual.
(f) Landscaping and screening.
All landscaping and screening must comply with the requirements of the Baltimore City Landscape Manual.
(g) Signs.
Standards governing signs are set forth in Title 17 {"Signs"} of this Code.
(h) Temporary uses.
Standards governing temporary uses are set forth in Title 14, Subtitle 4 {"Temporary-Use Standards"} of this Code.
§ 12-605. Minimum size of district.
A Hospital Campus District must encompass at least 1 the smaller of the following:
(1) 2 acres of land; or
(2) the entire city block on which it is situated.
Subtitle 7
Transportation Districts
§ 12-701. Use regulations.
In a Transportation District, the following uses are permitted:
(1) Public rights-of-way.
(2) Commuter and freight rail lines and activities directly related to the provision of commuter or freight rail service, including accessory structures.
(3) Bus ways.
(4) Pedestrian and bicycle trails.
Subtitle 8
[Reserved]
Subtitle 9
Waterfront Overlay Districts
§ 12-901. Applicability.
(a) In general.
The Waterfront Overlay Districts apply to all waterfront lots as shown on the zoning map. Unless modified by this section, the underlying zoning district and critical area regulations apply (See Title 7, Subtitle 4).
(b) Subdistricts.
(1) 2 subdistricts of a Waterfront Overlay Zoning District apply as provided in this subsection.
(2) The W-1 Subdistrict applies to land along the waterfront areas characterized by a hardscape boundary with the water, such as bulkheads, port facilities, or a hard-surface promenade.
(3) The W-2 Subdistrict applies to areas with a soft shoreline, such as wetlands, vegetation, or habitat areas that directly abut the water, most notably along the Middle Branch. To ensure a compatible development pattern along the shoreline, property owners are encouraged to cooperate as development proceeds in a W-2 Subdistrict.
(c) Industrial properties excluded.
The Waterfront Overlay Districts do not apply to industrially zoned properties.
§ 12-902. Design review required.
Before any new construction may begin in the Waterfront Overlay Zoning Districts, design review approval is required.
§ 12-903. Maximum building heights.
Maximum building heights in the Waterfront Overlay Zoning Districts are as indicated in the following Tables, not by the underlying zoning:
(1) Table 12-903(1): Canton Waterfront Area;
(2) Table 12-903(2): Fells Point Waterfront Area;
(3) Table 12-903(3): Key Highway Waterfront Area; and
(4) Table 12-903(4): Middle Branch Waterfront Area.
§ 12-904. Protection of public right-of-way view corridors.
(a) W-1 Overlay Subdistrict.
(1) No development may block the view of the waterfront from any public street that extends to the waterfront or that terminates before reaching the waterfront but adjoins the boundaries of this subdistrict. These view corridors must be of the same width as the adjoining public street, and continue to the waterfront as a straight line extension of the adjoining street. This extension may be modified with approval of a view corridor modification by the Director of Planning.
(2) Building projections into any view corridor may not exceed more than 10% of the width of the corridor and are allowed only on those corridors that are at least 30 feet wide. These projections may encompass up to a maximum of 20% of the building facade fronting the corridor.
(3) Landscaping, exterior lighting, or other public amenities may be located within the view corridor to maximize public view to the water.
(4) Parking is permitted within a view corridor as long as public access areas are maintained and not encroached upon.
(b) W-2 Overlay Subdistrict.
(1) View corridors must:
(i) connect existing parks, open-space areas, and new development centers to the waterfront;
(ii) be located no more than 300 feet apart from one another; and
(iii) be at least 60 feet wide.
(2) Landscaping, exterior lighting, or other public amenities may be located within the view corridor to maximize public view of the water.
(3) Parking is permitted within a view corridor, as long as public access areas are maintained and not encroached upon.
§ 12-905. Building requirements.
(a) Administrative exceptions.
An administrative exception to the requirements of this section can be granted as provided in § 4-409 {"Administrative exceptions"} of this Code.
(b) W-1 Overlay Subdistrict.
(1) Blank walls along the promenade are prohibited. Primary or secondary building entrances are encouraged to be located on facades facing the promenade.
(2) The ground floor of commercial buildings, as measured from grade to the bottom of the second floor, must maintain a transparency of 40%. Windows must be constructed of clear or lightly tinted glass. Tinting above 20% or reflective glass is prohibited. Windows must begin within 3 feet of grade.
(3) No overhead service doors or bays may face the promenade. Loading and service areas must be internal to the development block and accessed through service corridors and not through pedestrian-oriented streets.
(4) Retail uses along the promenade are encouraged. Outdoor extension of these uses are restricted to a maximum of 8 feet into the required promenade easement and must be separated from the paved portion with planting beds, raised planters, or a minimum 2-foot vertical separation. Where planting beds or raised planters are used to provide separation, landscape should be provided in accordance with the Baltimore City Landscape Manual. No extensions of residential structures are permitted.
(5) The height of any structure facing a major public street must be at least 35 feet.
(6) Structures over 60 feet high must be located at least 100 feet from any adjacent structure over 60 feet high.
(7) Parking, whether internal or external, adjoining any promenade easement is prohibited, as described in § 12-906 {"Waterfront public access promenade, open space, and required easements"}.
(c) W-2 Overlay Subdistrict.
(1) The floor area ratio within this subdistrict may not exceed a maximum of 2.0. However, mixed-use developments with residential units that constitute 80% or more of the overall development plan are permitted a floor area ratio of 2.5 for the entire development area.
(2) Blank walls along the waterfront are prohibited. Primary or secondary building entrances are encouraged to be located on facades facing the open-space and view corridors.
(3) Loading, service areas, and entrances to parking garages (principal use) must be sited so that they are not visible from the waterfront or view corridors to the greatest extent feasible.
(4) The height of any structure facing a public street must be at least 35 feet.
§ 12-906. Waterfront public access promenade, open space, and required easements.
(a) W-1 Overlay Subdistrict.
(1) In addition to the uses allowed by the underlying zoning districts, on waterfront lots within the W-1 Overlay Subdistrict, a continuous public access waterfront promenade, accessible to the public but built and maintained by the owners of the underlying land, must be provided on lots, or development parcels consisting of lots, that adjoin the waterline of the Inner Harbor of the Chesapeake Bay and, where applicable, the Middle Branch of the Patapsco.
(2) A public access promenade must be established by an easement at least 30 feet wide, unless otherwise shown on Tables 12-903(1)-(4), of which at least 12 feet must be a permanently constructed promenade. Those areas of the 30-foot public easement that do not consist of permanently constructed promenade must be landscaped and maintained in a manner that is visible to the public and in accordance with the Landscape Manual. Where it can be demonstrated that it is functionally justified, the Director of Planning may allow a promenade or easement of lesser width. Promenade easements must be recorded by the property owner within 1 month of their approval and a copy of the recordation receipt provided to the Director of Planning.
(3) These required easement improvements must be built and maintained by the property owner. Public access must be available 24 hours a day, 7 days a week unless otherwise agreed to by the Director of Planning and stated in the easement. The completion of the promenade easement area must coincide with the completion of the adjacent development on the property.
(4) Public access corridors are connections between public streets adjoining a waterfront property and the promenade established on the property. All public access corridors must be included in the pedestrian promenade easements for the property in which they are located. The widths of the required corridors may vary but must be at least 12 feet wide. The corridors must be open to the public 24 hours a day, 7 days a week, unless otherwise agreed to by the Director of Planning and stated in the easement, and free of gates or other impeding obstacles. Adequate lighting of these corridors, consistent with the promenade, is required.
(5) No motor vehicles are permitted to use or cross the promenade, unless for emergency or invasive repair purposes. Any proposed road crossing of the promenade, either public or private, requires Planning Commission approval.
(6) No mechanical or service equipment may be located adjacent to the promenade easement unless it is within an enclosed structure or otherwise screened from public view in accordance with the requirements of the Baltimore City Landscape Manual.
(b) W-2 Overlay Subdistrict.
(1) In addition to the uses allowed by the underlying zoning districts, on waterfront lots within the W-2 Overlay Subdistrict, a conservation easement, accessible to the public but built and maintained by the owners of the underlying land, must be provided on lots, or development parcels consisting of lots, that adjoin the waterline of Middle Branch of the Patapsco.
(2) A buffer that provides a vegetated habitat area must be established by an easement at least 100 feet wide landward from the mean high water line of tidal waters or from the edge of tidal wetlands and tributary streams, and must be vegetated as specified by the Critical Area Management Program. A 12-foot wide hiking and biking trail must be constructed in this area.
(3)(i) To allow flexibility for development while preserving and creating habitat, the Director of Planning may approve a reduction of the 100-foot wide buffer to not less than 50 feet (from the mean high water line) if:
(A) the areas of impact are replaced with areas elsewhere on the sites controlled by the same developer; or
(B) there is an outfall or other limiting physical condition, as indicated on the zoning map.
(ii) The replacement areas must be:
(A) of equal or greater size than the area being transferred and placed under easement; and
(B) adjoining a habitat area.
(iii) Both the transferred habitat area and the contiguous habitat area must be properly vegetated as specified by the Critical Area Management Program.
(4) Stormwater from the entire site must be managed to prevent negative impacts to the buffer.
(5) The hiking and biking trail, together with a 12-foot hard surface and a meadow or mown strip a maximum of 3 feet wide on either side, must be at least 50 feet from the mean high tide line. Public access corridors to the trail must be provided and included in the easements for the property where they are located. The trail on any given property must connect to the trail on adjoining properties. The trail takes the place of the promenade and these hard surfaces are exempt from the Critical Area buffer requirement, but are not exempt from stormwater requirements.
(6) Access to the water as part of the trail system is encouraged, and must be approved by the Director of Planning.
(7) Easements for the buffer and the hiking and biking trail must be recorded by the property owner once approved and a copy of the easements, stamped at the courthouse, provided to the Director of Planning.
(8) These required easement improvements must be built and maintained by the property owner. Public access on private property is subject to reasonable rules and regulations adopted by the property owner and included in the easement. The completion of the easement area must coincide with the completion of the adjacent development on the property.
(9) The shoreline must be maintained as a naturally vegetated buffer. No new bulkheads or rip-rap may be constructed and any existing bulkheads or rip-rap must be removed to the greatest extent possible as development occurs. Additionally, wetland marsh creation, restoration, and preservation are encouraged.
(10) Any work done in designated habitat protection areas, resource conservation areas, or existing vegetated buffers must be scheduled so that it does not disturb the reproductive cycles of fish or wildlife.
(11) No motor vehicles are permitted to use or cross the hiking and biking trail, unless required for an emergency or for trail or buffer maintenance purposes.
(12) No mechanical or service equipment may be located adjacent to the conservation easement unless it is within an enclosed structure or otherwise screened from public view in accordance with the requirements of the Baltimore City Landscape Manual.
Subtitle 10
Rowhouse Mixed-Use Overlay Districts
§ 12-1001. Applicability.
(a) In general.
A Rowhouse Mixed-Use Overlay District may be applied to rowhouse dwellings in the R-5, R-6, R-7, R-8, R-9, R-10, and OR Districts. This Overlay District allows the rowhouse dwelling to be used for 1 of the non-residential uses listed in § 12-1003 {"Use regulations"} of this subtitle.
(b) Initial conversion requires BMZA approval.
A rowhouse dwelling's initial conversion from a residential use to a non-residential use listed in § 12-1003 {"Use regulations"} of this subtitle requires conditional-use approval by the Board of Municipal and Zoning Appeals.
§ 12-1002. Minimum size of district.
An R-MU Overlay District may only be applied to a minimum of:
(1) 50% of the blockface; or
(2) two opposing corner lots.
§ 12-1003. Use regulations.
(a) Permitted non-residential uses.
In an R-MU Overlay District, 1 (but no more than 1) of the following non-residential uses is permitted on the ground floor of a rowhouse structure:
(1) Art gallery.
(2) Arts studio.
(3) Day-care center: Adult or child (See § 14-309 for use standards).
(4) Office.
(5) Personal services establishment.
(6) Restaurant.
(7) Retail goods establishment – no alcoholic beverage sales.
(b) Conditional uses.
In an R-MU Overlay District, the following uses are conditional uses requiring approval by the Board of Municipal and Zoning Appeals:
(1) Outdoor Dining (See § 14-329 for use standards).
(2) Initial conversion of a rowhouse dwelling from a residential use to a non-residential use listed in subsection (a) of this section.
(3) Use of upper floor for a non-residential use listed in subsection (a) of this section.
§ 12-1004. Bulk and yard regulations.
(a) In general.
The bulk and yard regulations for rowhouses in the underlying zoning district apply to a Rowhouse Mixed-Use Overlay District, except as provided in subsection (b) of this section.
(b) Exception.
Subsection (a) does not apply to the minimum lot area for a non-residential use that was converted under this subtitle from a residential use. In that case, the minimum lot area requirement for the prior residential use applies.
§ 12-1005. Design and performance standards.
(a) In general.
The design standards for rowhouse dwellings in the underlying zoning district apply to a Rowhouse Mixed-Use Overlay District.
(b) Additional standards.
(1) Conversion of a rowhouse to a use allowed by § 12-1003 {"Use regulations"} of this subtitle requires design review. This conversion is subject to the following design and performance standards.
(2) The ground floor of the structure may be used for a non-residential use listed in § 12-1003 {"Use regulations"} of this subtitle. The upper floors of the structure may be used for office uses related to that ground-floor business, as long as the upper floors are not open to the public. For all other non-residential uses, conditional-use approval by the Board of Municipal and Zoning Appeals is required for the use of the upper floors of a structure for the non-residential uses listed in § 12-1003 {"Use regulations"} of this subtitle.
(3) The residential form of the building must be generally maintained. However, ground-floor windows and doors may be enlarged for improved visibility and access.
(4) The principal entrance must be a direct entry from the primary abutting street.
(5) No additional off-street parking is required.
(6) Outside storage or display is prohibited. All business, servicing, processing, and storage uses must be located within the structure.
(7) Signs are limited to wall, projecting, window, awning, and temporary a-frame signs only.
Subtitle 11
Detached Dwelling Mixed-Use Overlay Districts
§ 12-1101. Applicability.
(a) In general.
A Detached Dwelling Mixed-Use Overlay District may be applied to detached dwellings. This Overlay District allows the detached dwelling to be used for 1 of the non-residential uses listed in § 12-1103 {"Use regulations"}.
(b) Initial conversion requires BMZA approval.
A detached dwelling's initial conversion from a residential use to a non-residential use listed in § 12-1103 {"Use regulations"} of this subtitle requires conditional-use approval by the Board of Municipal and Zoning Appeals.
§ 12-1102. Minimum size of district.
A D-MU Overlay District may only be applied to a minimum of:
(1) 50% of the blockface; or
(2) two opposing corner lots.
§ 12-1103. Use regulations.
(a) Permitted non-residential uses.
In a D-MU Overlay District, 1 (but no more than 1) of the following non-residential uses is permitted on the ground floor of a detached dwelling:
(1) Art gallery.
(2) Arts studio.
(3) Day-care center: Adult or child (See § 14-309 for use standards).
(4) Office.
(b) Conditional uses.
In a D-MU Overlay District, the following uses are conditional uses requiring approval by the Board of Municipal and Zoning Appeals:
(1) Initial conversion of a detached dwelling from a residential use to a non-residential use listed in subsection (a) of this section.
(2) Use of upper floor for a non-residential use listed in subsection (a) of this section.
§ 12-1104. Bulk and yard regulations.
The bulk and yard regulations for detached dwellings in the underlying zoning district apply to a D-MU Overlay District.
§ 12-1105. Design and performance standards.
(a) In general.
The design standards for detached dwellings in the underlying zoning district apply to a D-MU Overlay District.
(b) Additional standards.
(1) Conversion of the structure to a use allowed by §12-1103 {"Use regulations"} of this subtitle requires design review. This conversion is subject to the following design and performance standards.
(2) The ground floor of the structure may be used for a non-residential use listed in § 12-1003 {"Use regulations"} of this subtitle. The upper floors of the structure may be used for office uses related to that ground-floor business, as long as the upper floors are not open to the public. For all other non-residential uses, conditional-use approval by the Board of Municipal and Zoning Appeals is required for the use of the upper floors of a structure for the non-residential uses listed in § 12-1003 {"Use regulations"} of this subtitle.
(3) The residential form of the building must be generally maintained.
(4) The principal entrance must be a direct entry from the primary abutting street.
(5) No additional off-street parking is required.
(6) Outside storage or display is prohibited. All business, servicing, processing, and storage uses must be located within the structure.
(7) Signs are limited to wall and projecting signs only.
Subtitle 12
Adult Use Overlay District
§ 12-1201. Applicability
The Adult Use Overlay District may be applied only within the C-5 District.
§ 12-1202. Use regulations.
(a) Permitted uses.
All permitted uses in the underlying zoning district are allowed as permitted uses within the Adult Use Overlay District.
(b) Conditional Uses.
(1) All conditional uses in the underlying zoning district are allowed as conditional uses within the AU Overlay District.
(2) In addition, the following uses are conditional uses, requiring approval by the Board of Municipal and Zoning Appeals:
(i) Adult uses (See § 14-301 for use standards).
§ 12-1203. Bulk and yard regulations.
The bulk and yard regulations of the underlying zoning district apply to the AU Overlay District.
§ 12-1204. Establishment of adult use.
(a) In general.
(1) The establishment of an adult use within the City is a 2-step process:
(i) First an area must be zoned as an Adult Use Overlay District, in accordance with the provisions of this subtitle, the zoning amendment process of Title 5, Subtitle 5 {"Legislative Authorizations"} of this Code, and the additional approval standards of subsection (b) of this section.
(ii) Once the area is rezoned, a conditional use may be applied for to establish the adult use, in accordance with the provisions of this subtitle, the conditional use process of Title 5, Subtitle 4 {"Conditional Uses"} of this Code, and any additional use and development standards of this Code.
(2) A conditional use may be applied for to establish an adult use in an area already zoned as an AU Overlay District.
(b) Additional zoning amendment approval standards.
(1) In addition to the general standards for zoning map amendments, as set forth in § 5-406 {"Approval standards"} of this Code, the following standards must be met.
(2) The adult use must be so designed, located, and operated so that the public health, safety, and welfare will be protected.
(3) The adult use may not unduly increase traffic congestion in the public streets of the area in which it is located.
(4) The adult use may not cause additional public expense for fire or police protection.
(5) No adult use may be conducted in any manner that permits the observation, from any public way or adjacent property, of any material that depicts, describes, or relates to specified sexual activities or specified anatomical areas. This applies to any display, decoration, sign, show window, or other opening.
(c) Conditional use standards.
Adult uses must meet the standards of § 14-301 {"Adult uses"} of this Code.
Subtitle 13
Port Covington District
§ 12-1301. Subdistricts.
4 Subdistricts are established to accommodate and encourage redevelopment of the Port Covington area, along the north shore of the Middle Branch of the Patapsco River, as follows:
(1) The PC-1 Subdistrict is characterized by commercial use, entertainment, attractions, open-space, waterfront, and recreation amenities that create a focal point within the Port Covington Zoning District. The standards recognize that development within this subdistrict is to be ecologically sustainable, oriented to both the street edges and the Middle Branch Waterfront, and predominantly pedestrian-oriented. Development is generally mid-scale to promote connectivity between the waterfront and adjoining subdistricts.
(2) The PC-2 Subdistrict is characterized by a wide mix of uses, including residential, commercial, office, open-space, recreation, and entertainment amenities, waterfront, and light industrial in a dense urban setting. The standards recognize that the development in this subdistrict is to accommodate a high-density, walkable, mixed-use environment.
(3) The PC-3 Subdistrict is characterized by a wide mix of uses, including residential, commercial, office, open-space, recreation, and entertainment amenities, as well as industrial uses as part of a live-work-play community. The standards recognize that this subdistrict is designed to accommodate the transition from an historically industrial area to a medium-density, walkable, mixed-use environment.
(4) The PC-4 Subdistrict is characterized as an office-industrial campus on the waterfront that can accommodate the international headquarters of a major corporation. The standards are intended for architecturally coordinated office and industrial structures built in a campus-like atmosphere, which includes a focus on recreation amenities. This subdistrict provides standards to promote ecologically sustainable design and accommodate a high-density, walkable environment for this waterfront campus.
§ 12-1302. Use regulations.
Only those uses listed in Table 12-1302: Port Covington District – Permitted and Conditional Uses are allowed within the PC Subdistricts.
§ 12-1303. Bulk and yard regulations.
(a) In general.
Table 12-1303: Port Covington District – Bulk and Yard Regulations sets forth the applicable bulk and yard regulations for the PC Subdistricts.
(b) Measurement methodologies.
Measurement methodologies are as set forth in Title 15, Subtitle 3 {"Measurement Methodologies"} of this Code.
(c) Exceptions and requirements.
Exceptions and requirements are as set forth in Title 15, Subtitle 4 {"Exceptions and Requirements"} of this Code.
§ 12-1304. Other applicable standards.
(a) In general.
The PC Subdistricts are also subject to the standards listed in this section.
(b) Accessory structures and uses.
Standards governing accessory structures and uses are set forth in Title 15, Subtitle 5 {"Accessory Structures and Uses"} of this Code.
(c) Site development.
On-site development standards are set forth in Title 15 {"Site Development Standards"} of this Code.
(d) Off-Street parking and loading.
Standards governing off-street parking and loading are set forth in Title 16 {"Off-Street Parking and Loading"} of this Code.
(e) Landscaping and screening.
All landscaping and screening must comply with the requirements of the Baltimore City Landscape Manual.
(f) Signs.
Standards governing signs are set forth in Title 17 {"Signs"} of this Code.
(g) Temporary Uses.
Standards governing temporary uses are set forth in Title 14, Subtitle 4 {"Temporary-Use Standards"} of this Code.
Subtitle 14
Harford Road Overlay District
§ 12-1401. Establishment.
There is a Harford Road Overlay District.
§ 12-1402. Boundaries.
The boundaries of the district are as shown on that certain map titled "Harford Road Overlay District" dated as of June 5, 2024, on file with the Department of Planning.
§ 12-1403. Use regulations.
(a) Non-residential zoning districts.
For non-residential zoning districts, only those uses listed in Table 12-1403: Harford Road Overlay District – Permitted and Conditional Uses are allowed within the Harford Road Overlay District.
(b) Residential zoning districts.
(1) In general.
Only those uses of land listed in the tables listed below are allowed within each respective zoning district.
(i) Table 8-301: Detached and Semi-Detached Residential Districts – Permitted and Conditional Uses.
(ii) Table 9-301: Rowhouse and Multi-Family Residential Districts – Permitted and Conditional Uses.
(2) Dwelling: Multi-Family.
The use "Dwelling: Multi-Family" is permitted in all residential districts.
§ 12-1404. Bulk and yard regulations.
(a) In general.
The bulk and yard regulations for the structures in the underlying zoning district apply to the Harford Road Overlay District.
(b) Measurement methodologies.
Measurement methodologies are as set forth in Title 15, Subtitle 3 {"Measurement Methodologies"} of this Code.
(c) Exceptions and requirements.
(1) In general.
Exceptions and requirements are as set forth in title 15, Subtitle 4 {"Exceptions and Requirements"} of this Code.
(2) Dwelling: Multi-Family.
Residentially zoned properties may be developed as a "Dwelling: Multi-Family" to the bulk and yard specifications for the R-10 zoning district established in Table 9-401 {"Rowhouse and Multi-Family Residential Districts – Bulk and Yard Regulations"}.
§ 12-1405. Other applicable standards.
(a) In general.
The Harford Road Overlay District is also subject to the standards contained in this section.
(b) Accessory structures and uses.
Standards governing accessory structures are set forth in Title 15, Subtitle 5 {"Accessory Structures and Uses"} of this Code.
(c) Site development.
On-site development standards are set forth in Title 15 {"Site Development Standards"} of this Code.
(d) Off-street parking and loading.
Under § 16-601(b) of this Code, the district is exempt from off-street parking requirements.
(e) Design standards.
(1) In general.
All developments of the type described in § 4-405 {"Design Review: Applicability"} of this Code must comply with the applicable design standards required by the Baltimore City Design Manual.
(2) Prohibited design elements.
(i) In general.
New curb cuts are prohibited on Harford Road at real property with rear or side access.
(ii) Existing curb cuts and driveways.
(A) Real property with existing curb cuts that exceed City standards may be removed by the City.
(B) Existing curb cuts or abandoned curb cuts do not guarantee reuse.
(C) All disused curb cut permissions are revoked.
(D) The City reserves the right to deny any curb cut request regardless of the availability or unavailability of access.
(f) Landscape and screening.
All landscaping and screening must comply with the requirements of the Baltimore City Landscape Manual.
(g) Signs.
Standards governing signs are set forth in Title 17 {"Signs"} of this Code.
(h) Temporary uses.
Standards governing temporary uses are set forth in Title 14, Subtitle 4 {"Temporary-Use Standards"} of this Code.