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
A BILL ENTITLED
AN ORDINANCE concerning
Title
Urban Renewal - Hampden Business Area - Amendment
FOR the purpose of amending the Urban Renewal Plan for Hampden Business Area to allow the unenclosed display of certain merchandise in certain land use classifications in a certain portion of the Hampden Business Area; waiving certain content and procedural requirements; making the provisions of this Ordinance severable; providing for the application of this Ordinance in conjunction with certain other ordinances; and providing for a special effective date.
Body
BY authority of
Article 13 - Housing and Urban Renewal
Section 2-6
Baltimore City Code
(Edition 2000)
Recitals
The Urban Renewal Plan for Hampden Business Area was originally approved by the Mayor and City Council of Baltimore by Ordinance 77-285 and last amended by Ordinance 00-89.
An amendment to the Urban Renewal Plan for Hampden Business Area is necessary to allow the unenclosed display of certain merchandise in certain land use classifications in a certain portion of the Hampden Business Area.
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 Hampden Business Area are approved:
Amend B.2.a.(1) and (2) to read as follows:
(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, EXCEPT THE UNENCLOSED DISPLAY OF MERCHANDISE FOR SALE TO THE PUBLIC IS ALLOWED ON THE 800 THROUGH 1100 BLOCKS OF WEST 36TH STREET. A MINOR PRIVILEGE PERMIT IS REQUIRED TO DISPLAY MERCHANDISE ON THE PUBLIC RIGHT-OF-WAY. DISPLAYS ON THE PUBLIC RIGHT-OF-WAY MAY NOT IMPEDE CONTINUOUS PEDESTRIAN ACCESS AND MAY NOT IMPEDE ACCESSIBILITY BY DISABLED PERSONS.
(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, EXCEPT THE UNENCLOSED DISPLAY OF MERCHANDISE FOR SALE TO THE PUBLIC IS ALLOWED ON THE 800 THROUGH 1100 BLOCKS OF WEST 36TH STREET. A MINOR PRIVILEGE PERMIT IS REQUIRED TO DISPLAY MERCHANDISE ON THE PUBLIC RIGHT-OF-WAY. DISPLAYS ON THE PUBLIC RIGHT-OF-WAY MAY NOT IMPEDE CONTINUOUS PEDESTRIAN ACCESS AND MAY NOT IMPEDE ACCESSIBILITY BY DISABLED PERSONS.
SECTION 2. AND BE IT FURTHER ORDAINED, That the Urban Renewal Plan for Hampden Business Area, as amended by this Ordinance and identified as "Urban Renewal Plan, Hampden Business Area, revised to include Amendment , dated ", 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 date it is enacted.
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