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: President Rawlings-Blake
A BILL ENTITLED
AN ORDINANCE concerning
title
Zoning - Cell Towers
FOR the purpose of requiring that conditional use applications for antenna towers, microwave relay towers, and similar installations for communications transmission or receiving be referred to the Historical and Architectural Preservation Division, Department of Planning, for certain determinations; and specifying certain required findings and conditions of approval for these uses.
body
BY adding
Article - Zoning
Section(s) 14-317
Baltimore City Revised 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 Revised Code
Article - Zoning
Title 14. Conditional Uses
Subtitle 3. Additional Considerations for Certain Uses
Part II. For Board Approval
ยง 14-317. ANTENNA TOWERS, MICROWAVE RELAY TOWERS, ETC., FOR COMMUNICATIONS.
(A) REFERRAL FOR PRESERVATION REVIEW.
FOR THE PLACEMENT OR ERECTION OF ANTENNA TOWERS, MICROWAVE RELAY TOWERS, AND SIMILAR INSTALLATIONS FOR COMMUNICATIONS TRANSMISSION OR RECEIVING, THE ZONING ADMINISTRATOR MUST, WITHIN 10 WORKING DAYS OF RECEIVING THE APPLICATION, REFER THE APPLICATION AND ALL ACCOMPANYING DOCUMENTS TO THE HISTORICAL AND ARCHITECTURAL PRESERVATION DIVISION OF THE DEPARTMENT OF PLANNING FOR REVIEW.
(B) PRESERVATION REPORT.
(1) WITHIN 10 WORKING DAYS AFTER THE REFERRAL, THE HISTORICAL AND ARCHITECTURAL PRESERVATION DIVISION MUST REPORT TO THE BOARD WHETHER THE PROPOSED LOCATION OF THE INSTALLATION IS:
(I) ON A BALTIMORE CITY LANDMARK LIST PROPERTY OR WITHIN A BALTIMORE CITY HISTORICAL AND ARCHITECTURAL PRESERVATION DISTRICT;
(II) ON A PROPERTY OR WITHIN A DISTRICT LISTED ON THE MARYLAND INVENTORY OF HISTORIC PROPERTIES; OR
(III) ON A PROPERTY OR WITHIN A DISTRICT LISTED ON THE NATIONAL REGISTER OF HISTORIC PLACES.
(2) IF THE PROPOSED LOCATION MEETS ONE OR MORE OF THESE CRITERIA, THE DIVISION MUST REPORT TO THE BOARD, WITHIN 45 DAYS AFTER THE REFERRAL:
(I) WHETHER THE INSTALLATION WILL HAVE AN ADVERSE EFFECT ON THE PROPERTY OR DISTRICT; AND
(II) IF SO, WHETHER AND HOW THAT ADVERSE EFFECT CAN BE ADEQUATELY MITIGATED.
(C) BOARD ACTION.
ON RECEIPT AND CONSIDERATION OF THE REPORT AND RECOMMENDATIONS OF THE HISTORICAL AND ARCHITECTURAL PRESERVATION DIVISION, THE BOARD MUST FIND, AND REQUIRE AS A CONDITION OF APPROVAL, THAT:
(1) THE PROPOSED LOCATION DOES NOT MEET ANY OF THE CRITERIA LISTED IN SUBSECTION (B)(1) OF THIS SECTION; OR
(2) IF IT DOES MEET ONE OR MORE OF THESE CRITERIA:
(I) THE INSTALLATION WILL NOT HAVE AN ADVERSE EFFECT ON THE PROPERTY OR THE DISTRICT; OR
(II) THE APPLICANT WILL ADEQUATELY MITIGATE ANY ADVERSE EFFECT, AS SPECIFIED IN THE REPORT AND RECOMMENDATIONS OF THE DIVISION.
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.
dlr09-667~intro/15Oct09
Zg/cell towers/aa:me
dlr09-667~intro/15Oct09
??2??
Zg/cell towers/aa:me