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 Kraft
A BILL ENTITLED
AN ORDINANCE concerning
title
Board of Municipal and Zoning Appeals - Public Hearings
FOR the purpose of requiring the minutes of the Board of Municipal and Zoning Appeals to include, on each question, the Board's findings of fact and its decision; requiring notice of public hearings by the Board to be posted on the subject property; requiring the Board to decide a matter within 30 days of the hearing; requiring the Board to schedule certain public hearings to start after a certain time; requiring all voting sessions to be open to the public; precluding Board members from participating at a hearing unless they are physically present; precluding Board members from voting on a matter unless they were physically present at the hearing on the matter and are physically present at the voting session; and generally relating to hearings by the Board of Municipal and Zoning Appeals.
body
BY repealing and reordaining, with amendments
Article - Zoning
Section(s) 2-113(b), 2-114(a) and (d), and 2-115
Baltimore City Revised Code
(Edition 2000)
BY adding
Article - Zoning
Section(s) 2-114(e)
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 2. Administration; Authorizations
Subtitle 1. General Administration
§ 2 113. Meetings.
(b) Minutes.
The Board must keep minutes of all its proceedings, indicating:
(1) the members present; and
(2) on each question[,]:
(I) THE BOARD'S FINDINGS OF FACT;
(II) THE BOARD'S DECISION; AND
(III) how each member voted or that the member was absent or failed to vote.
§ 2 114. Public hearings.
(a) Scheduling, notices, decision.
The Board must:
(1) fix a reasonable time and place for the public hearing of an application, appeal, or other matter;
(2) give notice of the hearing to the parties in interest;
(3) give public notice of the hearing;
(4) REQUIRE THE APPLICANT, APPELLANT, OR OTHER PERSON INITIATING THE HEARING TO POST THE SUBJECT PROPERTY, AT LEAST 45 DAYS BEFORE THE HEARING, WITH A NOTICE OF THE TIME, PLACE, AND PURPOSE OF THE HEARING; and
(5) [(4)] decide the matter within [a reasonable time after] 30 DAYS OF the hearing.
(d) Hearings to be public.
(1) All hearings of the Board must be open to the public.
(2) IN ANY CALENDAR MONTH DURING WHICH THE BOARD CONDUCTS ONE OR MORE PUBLIC HEARINGS, AT LEAST ONE SESSION OF HEARINGS MUST BE SCHEDULED TO BEGIN AFTER 5 P.M.
(E) MEMBERS' PRESENCE REQUIRED TO PARTICIPATE.
A BOARD MEMBER MUST BE PHYSICALLY PRESENT TO PARTICIPATE AT A HEARING.
§ 2 115. Voting.
(a) VOTING SESSIONS TO BE PUBLIC.
ALL VOTING SESSIONS OF THE BOARD MUST BE OPEN TO THE PUBLIC.
(B) NUMBER OF VOTES.
The number of votes specified in State Code Article 66B is required for the Board to:
(1) reverse any order, requirement, decision, or determination of the Zoning Administrator; or
(2) decide in favor of the applicant on any matter on which it is required to pass under this article.
(C) PRESENCE REQUIRED TO VOTE.
A BOARD MEMBER MAY NOT VOTE ON A MATTER UNLESS THE BOARD MEMBER:
(1) WAS PHYSICALLY PRESENT AT THE PUBLIC HEARING ON THE MATTER: AND
(2) IS PHYSICALLY PRESENT AT THE VOTING SESSION.
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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