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: The Council President
At the request of: The Administration (Department of Planning)
A BILL ENTITLED
AN ORDINANCE concerning
Title
Multi-Property Rezonings
FOR the purpose of establishing special requirements governing legislative consideration of certain multi-property rezonings; defining certain terms; correcting, clarifying, and conforming certain language; and generally relating to statements for, public notice of, hearings on, and amendments to multi-property rezonings and other legislative authorizations.
Body
BY repealing and reordaining, with amendments
Article - Zoning
Section(s) 16-101, 6-201 through16-203, 16-305(b), 16-402, and 16-403
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 16. Legislative Authorizations and Amendments
§ 16-101. Definitions.
(a) In general.
In this title, the following words have the meanings indicated.
(b) Legislative authorization.
"Legislative authorization" means any ordinance that approves, authorizes, or amends a prior approval or authorization relating to specific property, including:
(1) a change in the zoning classification of any property;
(2) a conditional use; or
(3) a Planned Unit Development.
(C) MULTI-PROPERTY REZONING.
"MULTI-PROPERTY REZONING" MEANS ANY LEGISLATIVE AUTHORIZATION THAT:
(1) IS INITIATED BY A UNIT OF CITY GOVERNMENT; AND
(2) PROPOSES CHANGES IN THE ZONING CLASSIFICATIONS OF 2 OR MORE CONTIGUOUS PROPERTIES.
(D) [(c)] Zoning legislation.
"Zoning legislation" means:
(1) any legislative authorization; and
(2) any amendment to this article.
§ 16-201. Reapplication for previously denied rezoning.
(A) SCOPE OF SECTION.
THIS SECTION DOES NOT APPLY TO A RECLASSIFICATION OF PROPERTY THAT IS OR WAS A SUBJECT OF A PROPOSED MULTI-PROPERTY REZONING.
(B) REAPPLICATION WAITING PERIOD.
A bill proposing a change in the zoning classification of any property may not be introduced at any time within 12 months after the City Council has denied [that] THE same reclassification of the same property on the merits.
§ 16-202. Introductory statement of intent.
(A) SCOPE OF SECTION.
THIS SECTION DOES NOT APPLY TO A PROPOSED MULTI-PROPERTY REZONING.
(B) [(a)] Statement required.
On introduction of a bill proposing a legislative authorization, the applicant must submit a written statement that informs the City Council, the agencies to which the proposed ordinance is referred, and the public of the changes sought and intended uses.
(C) [(b)] Contents.
The statement must contain, at a minimum:
(1) a summary of all changes sought for the property;
(2) a description of all intended uses of the property;
(3) the date the property was purchased and the applicable land record reference;
(4) a description of any contract that is contingent on the proposed legislative authorization and the names and addresses of the parties to that contract; and
(5) the identity of all principals for whom the applicant is acting as an agent, including the names of the majority stockholders of any corporation.
§ 16-203. Public notice of introduction.
(A) SCOPE OF SECTION.
THIS SECTION DOES NOT APPLY TO A PROPOSED MULTI-PROPERTY REZONING.
(B) [(a)] Posting required.
The applicant for a legislative authorization must post notice of the requested authorization as specified in this section.
(C) [(b)] Notice to applicant.
When the bill proposing the legislative authorization has been introduced, the Department of Legislative Reference must notify the applicant of the introduction and of the posting requirement.
(D) [(c)] Where and when to post.
The notice must be posted:
(1) in a conspicuous place on the property in question,
(2) for at least 30 days, beginning within 1 week of the notice of introduction.
(E) [(d)] Form and contents; fee.
(1) The Director of Legislative Reference must prepare and supply the sign on which the notice is to be posted.
(2) Subject to the approval of the Board of Estimates, the Director may charge a fee for the sign and its installation.
§ 16-305. Required considerations - rezonings.
(b) Change to be in public interest.
The Board and the Planning Commission may not recommend the adoption of a proposed change in zoning classification unless they find that the adoption of the change is in the public interest and not solely for the interest of [the] AN applicant.
§ 16-402. Public notice and hearing.
(a) Hearing required.
For a bill proposing any zoning legislation, the committee to which the bill has been referred must conduct a hearing at which:
(1) the parties in interest and the general public will have an opportunity to be heard; and
(2) all agency reports will be read.
(b) Public notice - IN GENERAL.
[At least 15 days' notice] NOTICE of the time, place, and subject of the hearing must be given by each of the following methods, as applicable:
(1) for all zoning legislation, by publication in a newspaper of general circulation in the City;
(2) for any legislative authorization, OTHER THAN A MULTI-PROPERTY REZONING, by posting IN A CONSPICUOUS PLACE on the property in question; and
(3) for any MULTI-PROPERTY REZONING OR ANY change in the boundaries of a zoning district:
(i) by posting [at a place] IN CONSPICUOUS PLACES within the SUBJECT AREA OR district, as the Department of Planning designates; and
(ii) by first class mail to [the persons] EACH PERSON who [appear] APPEARS on the tax records of the City as [owners] AN OWNER of [the properties subject to the change] PROPERTY WITHIN THE SUBJECT AREA OR DISTRICT.
(C) PUBLIC NOTICE - TIMING.
(1) FOR A MULTI-PROPERTY REZONING, THE NOTICE MUST BE GIVEN AT LEAST 30 DAYS BEFORE THE HEARING.
(2) FOR ALL OTHER ZONING LEGISLATION, THE NOTICE MUST BE GIVEN AT LEAST 15 DAYS BEFORE THE HEARING.
(D) [(c)] Responsibility for notice.
The notices required by this section must be given by and at the expense of THE FOLLOWING:
(1) [in the case of] FOR a bill proposing any legislative authorization, OTHER THAN A MULTI-PROPERTY REZONING, the applicant for that authorization;
(2) FOR A MULTI-PROPERTY REZONING, THE MAYOR AND CITY COUNCIL OF BALTIMORE; and
(2) in all other cases, the City Council.
§ 16-403. Amendments.
(a) Rehearing required.
[(1)] Except as OTHERWISE specified in [subsection (b) of] this section, whenever a bill proposing any zoning legislation is amended after the public hearing[,]:
(1) another public hearing must be held on the bill as amended[.]; AND
(2) [The] THE requirements of this subtitle for notice and for reading of agency reports apply to [any] THE additional hearing [required by this section].
(b) [Exception] EXCEPTIONS - GENERAL.
An additional hearing is not required for:
[(1) an amendment made in Committee; or]
(1) [(2) any] AN amendment that consists only of a change in punctuation, grammar, or spelling and does not in any way alter the substance of the ordinance; OR
(2) EXCEPT FOR A MULTI-PROPERTY REZONING, AN AMENDMENT MADE IN COMMITTEE.
(C) EXCEPTIONS - MULTI-PROPERTY REZONINGS.
(1) THIS SUBSECTION APPLIES TO ANY AMENDMENT, OTHER THAN A TECHNICAL CORRECTION AS DESCRIBED IN SUBSECTION (B)(1) OF THIS SECTION, TO A BILL PROPOSING A MULTI-PROPERTY REZONING.
(2) ANOTHER PUBLIC HEARING MUST BE HELD WITH RESPECT TO ALL PROPERTIES SUBJECT TO THE AMENDMENT.
(3) AT LEAST 15 DAYS' NOTICE OF THE TIME, PLACE, AND SUBJECT OF THE ADDITIONAL HEARING MUST BE GIVEN AS FOLLOWS:
(I) BY PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION IN THE CITY;
(II) BY POSTING IN CONSPICUOUS PLACES WITHIN THE AREA AFFECTED BY THE PROPOSED AMENDMENT, AS THE DEPARTMENT OF PLANNING DESIGNATES; AND
(III) BY FIRST CLASS MAIL TO EACH PERSON WHO APPEARS ON THE TAX RECORDS OF THE CITY AS AN OWNER OF PROPERTY SUBJECT TO THE AMENDMENT.
(4) THE REQUIREMENTS OF THIS SUBTITLE FOR AGENCY REPORTS DO NOT APPLY TO THE AMENDMENT OR THE ADDITIONAL HEARING.
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.
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