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 (Law Department)
A BILL ENTITLED
AN ORDINANCE concerning
title
Residential Substance-Abuse Treatment Facilities
FOR the purpose of allowing in certain zoning districts residential substance-abuse treatment facilities as a conditional use requiring an ordinance or, under certain circumstances, as a permitted use; requiring a certain number of off-street parking spaces for these facilities; authorizing the Zoning Administrator, under certain circumstances, to provide reasonable accommodation in the application of the Zoning Code to individuals protected under certain federal laws; defining certain terms; repealing certain obsolete or obsolescent references to non-bedridden alcoholics; repealing certain obsolete or obsolescent provisions governing the authorization of health facilities; providing for a special effective date; and generally relating to the siting, development, and use of residential substance-abuse treatment facilities.
body
BY renumbering
Article - Zoning
Section(s) 1-182.1 and 1-182.2
to be
Section(s) 1-182.2 and 1-182.3
Baltimore City Revised Code
(Edition 2000)
BY adding
Article - Zoning
Section(s) 1-182.1, 4-201(6a), 4-204(6), 4-901(4), 4-1001(6),
4-1101(7), 4-1201(2b), 5-201(7a), 5-204(10), 6-206(31a),
6-209(6), and 10-405(11)(v) and (vi)
Baltimore City Revised Code
(Edition 2000)
BY repealing and reordaining, with amendments
Article - Zoning
Section(s) 2-105(b)(13) and (14), 4-1004(3), 5-204(6), 6-309(7),
and 6-509(3)
Baltimore City Revised Code
(Edition 2000)
BY repealing
Article - Health
Section(s) 3-101 through 3-107, inclusive, together with the
subtitle designation, "Subtitle 1. Ordinance Required to Establish"
Baltimore City Revised Code
(Edition 2000)
SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That Zoning Article §§ 1-182.1 and 182.2 are renumbered to be Zoning Article §§ 1-182.2 and 182.3.
SECTION 2. AND BE IT FURTHER ORDAINED, That the Laws of Baltimore City read as follows:
Baltimore City Revised Code
Article - Zoning
Title 1. Definitions; General Provisions
Subtitle 1. Definitions
§ 1-182.1. RESIDENTIAL SUBSTANCE-ABUSE TREATMENT FACILITY.
"RESIDENTIAL SUBSTANCE-ABUSE TREATMENT FACILITY" MEANS A GROUP-CARE OR SIMILAR FACILITY FOR THE 24-HOUR MEDICAL OR NON-MEDICAL CARE OF PERSONS WHO ARE RECOVERING FROM SUBSTANCE ABUSE AND ARE IN NEED OF PERSONAL SERVICES, SUPERVISION, OR ASSISTANCE.
Title 2. Administration; Authorizations
Subtitle 1. General Administration
Part II. Zoning Administrator
§ 2 105. Duties.
(b) Specific duties.
In addition to and in furtherance of that responsibility, the Zoning Administrator has the duty to:
. . . .
(13) periodically provide for publication of this article; [and]
(14) WHERE REASONABLE, NECESSARY, AND NOT A FUNDAMENTAL ALTERATION OF THIS ARTICLE, PROVIDE REASONABLE ACCOMMODATION IN THE APPLICATION OF THIS ARTICLE TO THE SITING, DEVELOPMENT, AND USE OF HOUSING OR SERVICES FOR INDIVIDUALS PROTECTED UNDER THE FEDERAL AMERICANS WITH DISABILITIES ACT OR THE FEDERAL FAIR HOUSING AMENDMENTS ACT; AND
(15) [(14)] perform all other duties imposed on the Zoning Administrator by this article.
Title 4. Residence Districts
Subtitle 2. R 1 Single Family Residence District
§ 4 201. Permitted uses.
In an R 1 District, permitted uses are as follows:
. . . .
(6A) RESIDENTIAL SUBSTANCE-ABUSE TREATMENT FACILITIES, IF THE FACILITY COMPLIES WITH § 1-136(C)(5) {"DWELLING: SINGLE-FAMILY DWELLING"}, § 1-137 {"DWELLING UNIT"}, AND § 1-142 {"FAMILY"} OF THIS ARTICLE.
. . . .
§ 4 204. Conditional uses - Ordinance required.
In an R 1 District, conditional uses that require approval by ordinance are as follows:
. . . .
(6) RESIDENTIAL SUBSTANCE-ABUSE TREATMENT FACILITIES HOUSING 17 OR MORE PATIENTS.
Subtitle 9. R 6 General Residence District
§ 4 901. Permitted uses.
In an R 6 District, permitted uses are as follows:
. . . .
(4) RESIDENTIAL SUBSTANCE-ABUSE TREATMENT FACILITIES HOUSING 16 OR FEWER PATIENTS, IF THE FACILITY COMPLIES WITH § 1-137 {"DWELLING UNIT"} AND § 1-142 {"FAMILY"} OF THIS ARTICLE.
Subtitle 10. R 7 General Residence District
§ 4 1001. Permitted uses.
In an R 7 District, permitted uses are as follows:
. . . .
(6) RESIDENTIAL SUBSTANCE-ABUSE TREATMENT FACILITIES HOUSING 16 OR FEWER PATIENTS, IF THE FACILITY COMPLIES WITH § 1-137 {"DWELLING UNIT"} AND § 1-142 {"FAMILY"} OF THIS ARTICLE.
§ 4 1004. Conditional uses - Ordinance required.
In an R 7 District, conditional uses that require approval by ordinance are as follows:
. . . .
(3) Nonprofit homes [for the rehabilitation of non bedridden alcoholics and] for the care and custody of homeless persons.
. . . .
Subtitle 11. R 8 General Residence District
§ 4 1101. Permitted uses.
In an R 8 District, permitted uses are as follows:
. . . .
(7) RESIDENTIAL SUBSTANCE-ABUSE TREATMENT FACILITIES HOUSING 16 OR FEWER PATIENTS, IF THE FACILITY COMPLIES WITH § 1-137 {"DWELLING UNIT"} AND § 1-142 {"FAMILY"} OF THIS ARTICLE.
Subtitle 12. R 9 General Residence District
§ 4 1201. Permitted uses.
In an R 9 District, permitted uses are as follows:
. . . .
(2B) RESIDENTIAL SUBSTANCE-ABUSE TREATMENT FACILITIES HOUSING 16 OR FEWER PATIENTS, IF THE FACILITY COMPLIES WITH § 1-137 {"DWELLING UNIT"} AND § 1-142 {"FAMILY"} OF THIS ARTICLE.
. . . .
Title 5. Office Residence Districts
Subtitle 2. O R District
§ 5 201. Permitted uses.
In an O R District, permitted uses are as follows:
. . . .
(7A) RESIDENTIAL SUBSTANCE-ABUSE TREATMENT FACILITIES HOUSING 16 OR FEWER PATIENTS, IF THE FACILITY COMPLIES WITH § 1-137 {"DWELLING UNIT"} AND § 1-142 {"FAMILY"} OF THIS ARTICLE.
. . . .
§ 5 204. Conditional uses - Ordinance required.
In an O R District, conditional uses that require approval by ordinance are as follows:
. . . .
(6) Nonprofit homes [for the rehabilitation of non bedridden alcoholics and] for the care and custody of homeless persons.
. . . .
(10) RESIDENTIAL SUBSTANCE-ABUSE TREATMENT FACILITIES HOUSING 17 OR MORE PATIENTS.
Title 6. Business Districts
Subtitle 2. B 1 Neighborhood Business District
§ 6 206. Permitted uses.
In a B 1 District, permitted uses are as follows:
. . . .
(31A) RESIDENTIAL SUBSTANCE-ABUSE TREATMENT FACILITIES HOUSING 16 OR FEWER PATIENTS, IF THE FACILITY COMPLIES WITH § 1-137 {"DWELLING UNIT"} AND § 1-142 {"FAMILY"} OF THIS ARTICLE.
. . . .
§ 6 209. Conditional uses - Ordinance required.
In a B 1 District, conditional uses that require approval by ordinance are as follows:
. . . .
(6) RESIDENTIAL SUBSTANCE-ABUSE TREATMENT FACILITIES HOUSING 17 OR MORE PATIENTS.
Subtitle 3. B 2 Community Business District
§ 6 309. Conditional uses - Ordinance required.
In a B 2 District, conditional uses that require approval by ordinance are as follows:
. . . .
(7) Homes for [the rehabilitation of non bedridden alcoholics and for] the care and custody of homeless persons.
. . . .
Subtitle 5. B 4 Central Business District
§ 6 509. Conditional uses - Ordinance required.
In a B 4 District, conditional uses that require approval by ordinance are as follows:
. . . .
(3) Homes for [the rehabilitation of non bedridden alcoholics and for] the care and custody of homeless persons.
. . . .
Title 10. Off Street Parking Regulations
Subtitle 4. Required Number of Off Street Spaces
§ 10 405. Required number of vehicle parking spaces.
Off street vehicle parking spaces must be provided as follows:
. . . .
(11) Health care services.
. . . .
(V) RESIDENTIAL SUBSTANCE-ABUSE
TREATMENT FACILITIES -
HOUSING 17 OR MORE PATIENTS
ALL DISTRICTS 1 PER 4 FULL-TIME EQUIVALENT STAFF MEMBERS, PLUS 1 PER 6 RESIDENTS. HOWEVER, IF THE FACILITY DOES NOT PERMIT RESIDENTS TO HAVE VEHICLES AT THE FACILITY, THE FACILITY NEED NOT PROVIDE OFF-STREET PARKING SPACES FOR RESIDENTS.
(VI) RESIDENTIAL SUBSTANCE-ABUSE
TREATMENT FACILITIES -
HOUSING 16 OR FEWER PATIENTS
ALL DISTRICTS SAME AS REQUIRED FOR SIMILARLY CONFIGURED DWELLINGS IN THE SAME DISTRICT .
SECTION 3. AND BE IT FURTHER ORDAINED, That Health Article Title 3, Subtitle 1 {"Ordinance Required to Establish"} is repealed, in its entirety.
SECTION 4. 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 5. AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the date it is enacted.
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