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 Clarke
At the request of: The Hampden Village Merchants Association
Address: c/o Benn Ray, 9100 W. 36th Street, Baltimore, Maryland 21211
Telephone: 410-662-4444
A BILL ENTITLED
AN ORDINANCE concerning
Title
Urban Renewal - Hampden Business Area - Amendment ___
FOR the purpose of amending the Urban Renewal Plan for the Hampden Business Area to establish certain standards and procedures for the location and operation of "formula business establishments" and to clarify the duration of the Plan; waiving certain content and procedural requirements; making the provisions of this Ordinance severable; and providing for the application of this Ordinance in conjunction with certain other ordinances.
Body
BY authority of
Article 13 - Housing and Urban Renewal
Section 2-6
Baltimore City Code
(Edition 2000)
Recitals
The Urban Renewal Plan for the Hampden Business Area was originally approved by the Mayor and City Council of Baltimore by Ordinance 77-285 and last amended by Ordinance 06-235 {"Amendment 3"}.
An amendment to the Urban Renewal Plan for the Hampden Business Area is necessary to establish certain standards and procedures for the location and operation of "formula business establishments" and to clarify the duration of the Plan.
Under Article 13, § 2-6 of the Baltimore City Code, no substantial change may be made in any approved renewal plan unless the change is approved in the same manner as that required for the approval of a renewal plan.
SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That the following changes in the Urban Renewal Plan for the Hampden Business Area are approved:
(1) In the Plan, amend B.2.a.(1) and (2), to read as follows:
B. Land Use Plan
2. Land Use Provisions and Standards
a. Permitted Uses
{Introductory paragraph unchanged}
(1) Neighborhood Business
In the area designated as Neighborhood Business on the Land Use Plan Map, uses shall be limited to those permitted under the B-1 category of the Zoning [Ordinance] CODE of Baltimore City, including residential.
(2) Community Business
In the area designated as Community Business on the Land Use Plan Map, uses shall be limited to those permitted under the B-2 category of the Zoning [Ordinance] CODE of Baltimore City, including residential and parking.
{Items (3) and (4) unchanged}
(2) In the Plan, after B.2.b., add new B.2.c., to read as follows:
C. SPECIAL REQUIREMENTS FOR FORMULA BUSINESSES
(1) IN THIS SECTION B.2.C., "FORMULA BUSINESS" MEANS ANY TYPE OF COMMERCIAL BUSINESS ESTABLISHMENT THAT:
(I) USES A TRADEMARK, SERVICE MARK, LOGO, OR OTHER IDENTIFYING NAME OR SYMBOL THAT IS SHARED BY 15 OR MORE COMMERCIAL ESTABLISHMENTS; AND
(II) MAINTAINS A STANDARDIZED ARRAY OF SERVICES, MERCHANDISE, DECOR, BUSINESS METHOD, ARCHITECTURE, LAYOUT, UNIFORMS, OR SIMILAR STANDARDIZED FEATURE.
(2) NOTWITHSTANDING ANY OTHER PROVISION OF THIS PLAN OR OF THE ZONING CODE, A FORMULA BUSINESS USE IN THE HAMPDEN BUSINESS AREA REQUIRES SPECIFIC APPROVAL BY THE PLANNING COMMISSION.
(3) BEFORE GRANTING APPROVAL FOR A FORMULA BUSINESS USE, THE PLANNING COMMISSION MUST CONDUCT A HEARING AT WHICH THE PARTIES IN INTEREST AND THE GENERAL PUBLIC WILL HAVE AN OPPORTUNITY TO BE HEARD.
(4) AT LEAST 30 DAYS' NOTICE OF THE TIME, PLACE, AND SUBJECT OF THE HEARING MUST BE GIVEN, AT THE EXPENSE OF THE APPLICANT, AS FOLLOWS:
(I) BY POSTING ON THE PROPERTY IN QUESTION; AND
(II) BY FIRST CLASS MAIL TO:
(A) THE PERSONS WHO APPEAR ON THE TAX RECORDS OF THE CITY AS OWNERS OF THE PROPERTY IN QUESTION; AND
(B) THE ASSOCIATIONS (COMMUNITY, NEIGHBORHOOD IMPROVEMENT, MERCHANTS, AND THE LIKE) THAT APPEAR ON THE RECORDS OF THE DEPARTMENT OF PLANNING AS REPRESENTING PERSONS IN THE NEIGHBORHOOD IN WHICH THE PROPERTY IS LOCATED.
(5) BEFORE APPROVING A FORMULA BUSINESS USE, THE PLANNING COMMISSION MUST FIND, IN EACH SPECIFIC CASE, THAT:
(I) THE ESTABLISHMENT, LOCATION, CONSTRUCTION, MAINTENANCE, AND OPERATION OF THAT USE WILL NOT BE DETRIMENTAL TO OR ENDANGER THE PUBLIC HEALTH, SAFETY, OR GENERAL WELFARE;
(II) THE USE WILL BE COMPATIBLE WITH EXISTING SURROUNDING USES AND HAS BEEN DESIGNED AND WILL BE OPERATED IN A NON-OBTRUSIVE MANNER TO PRESERVE THE COMMUNITY'S CHARACTER AND AMBIANCE;
(III) APPROVAL OF THE USE IS CONSISTENT WITH THE POLICIES AND STANDARDS OF THIS PLAN, THE CITY'S MASTER PLAN, AND THE ZONING CODE;
(IV) APPROVAL OF THE USE WILL CONTRIBUTE TO AN APPROPRIATE BALANCE OF LOCALLY, REGIONALLY, AND NATIONALLY BASED BUSINESSES IN THE COMMUNITY;
(V) APPROVAL OF THE USE WILL CONTRIBUTE TO AN APPROPRIATE BALANCE OF SMALL-, MEDIUM-, AND LARGE-SIZED BUSINESSES IN THE COMMUNITY; AND
(VI) THE PROPERTY AND STRUCTURE ON AND WITHIN WHICH THE USE WILL OPERATE WILL BE COMPATIBLE WITH THE EXISTING ARCHITECTURAL AND ESTHETIC CHARACTER OF THE COMMUNITY.
(3) In the Plan, amend F., to read as follows:
F. Duration of Provisions and Requirements
[The provisions and requirements of this] THIS plan shall be in effect for a period of [not less than] 40 years following FEBRUARY 17, 1977, the date of the approval of this plan by the Mayor and City Council of Baltimore.
SECTION 2. AND BE IT FURTHER ORDAINED, That the Urban Renewal Plan for the Hampden Business Area , as amended by this Ordinance and identified as "Urban Renewal Plan, Hampden Business Area , revised to include Amendment , dated February 27, 2006", is approved. The Department of Planning shall file a copy of the amended Urban Renewal Plan with the Department of Legislative Reference as a permanent public record, available for public inspection and information.
SECTION 3. AND BE IT FURTHER ORDAINED, That if the amended Urban Renewal Plan approved by this Ordinance in any way fails to meet the statutory requirements for the content of a renewal plan or for the procedures for the preparation, adoption, and approval of a renewal plan, those requirements are waived and the amended Urban Renewal Plan approved by this Ordinance is exempted from them.
SECTION 4. AND BE IT FURTHER ORDAINED, That if any provision of this Ordinance or the application of this Ordinance to any person or circumstance is held invalid for any reason, the invalidity does not affect any other provision or any other application of this Ordinance, and for this purpose the provisions of this Ordinance are declared severable.
SECTION 5. AND BE IT FURTHER ORDAINED, That if a provision of this Ordinance concerns the same subject as a provision of any zoning, building, electrical, plumbing, health, fire, or safety law or regulation, the applicable provisions shall be construed to give effect to each. However, if the provisions are found to be in irreconcilable conflict, the one that establishes the higher standard for the protection of the public health and safety prevails. If a provision of this Ordinance is found to be in conflict with an existing provision of any other law or regulation that establishes a lower standard for the protection of the public health and safety, the provision of this Ordinance prevails and the other conflicting provision is repealed to the extent of the conflict.
SECTION 6. AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the 30th day after the date it is enacted.
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