Baltimore City Council
File #: 17-0031    Version: 0 Name: Zoning - Nonconforming Junk ... Yards or Vehicle Dismantling Facilities; Recyclable Materials Recovery Facilities
Type: Ordinance Status: Withdrawn
File created: 3/6/2017 In control: City Council
On agenda: Final action: 6/25/2018
Enactment #:
Title: Zoning - Nonconforming Junk
Sponsors: Edward Reisinger, Sharon Green Middleton, John T. Bullock, Ryan Dorsey, Bill Henry, Zeke Cohen, Robert Stokes, Sr., Shannon Sneed, Mary Pat Clarke, Kristerfer Burnett, President Young
Indexes: Facilities, Junk, Recycle, Yard Waste, Zoning
Attachments: 1. 17-0031~1st Reader, 2. DOT 17-0031, 3. Completed File_17-0031

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 Reisinger

At the request of:  Baltimore Scrap Corporation

  Address:  c/o Caroline L. Hecker, Esq., 25 S. Charles St., 21st Floor, Baltimore, Md. 21201 

  Telephone:  410-727-6600                                                                                                              

 

                     A Bill Entitled

 

An Ordinance concerning

title

Zoning - Nonconforming Junk ... Yards or Vehicle Dismantling Facilities; Recyclable Materials Recovery Facilities

For the purpose of amending City Code Article 32 {“Zoning”}, as enacted by Ordinance 16-581 {“TransForm Baltimore - Zoning”}, to amend the definition of “vehicle dismantling facility”, modify certain standards governing the use of lawful nonconforming vehicle dismantling facilities and lawful nonconforming junk or scrap storage and yards, and to prohibit recyclable materials recovery facilities from purchasing materials on-site from the public; clarifying and conforming related language; providing for a special effective date; and generally relating to the zoning regulations and standards governing vehicle dismantling facilities, junk or scrap storage and yards, and recyclable materials recovery facilities.

body

 

By repealing and reordaining, with amendments

Article 32 - Zoning

Sections 1-314(q), 14-316(a), and 18-311(b) and (c)

Baltimore City Code

(Edition 2000)

 

By repealing and reordaining, without amendments

Article 32 - Zoning

Sections 14-324(c)

Baltimore City Code

(Edition 2000)

 

By adding

Article 32 - Zoning

Sections 14-333(c)

Baltimore City 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 Code

 

                     Article 32.  Zoning

 

                     Title 1.  General Provisions

 

                     Subtitle 3.  Definitions

 

§ 1-314.  Tavern to Wholesale Goods”.

 

(q)  Vehicle dismantling facility.

 

(1)  In general.

 

Vehicle dismantling facility means an establishment for the buying, selling, trading, storing, or otherwise dealing in vehicles for the purpose of dismantling the vehicles and buying, selling, storing, or trading their integral parts or component materials.

 

(2)  Inclusions.

 

Vehicle dismantling facility includes:

 

(i)                     pull-or-pick-apart facilities, salvage pools, salvage auctions, and businesses and individuals that handle salvage vehicles; and

 

(ii)                     as an accessory use only, automobile flattening and crushing.

 

(3)  Exclusions.

 

Vehicle dismantling facility does not include any scrap-metal shredding or any other form of scrap-metal processing.

 

 

                     Title 14.  Use Standards

 

                     Subtitle 3.  Use Standards

 

§ 14-316.  Junk or scrap storage and yards.

 

(a)  [Pollution] Water-pollution prevention.

 

[(1) A junk or scrap storage and yard must comply with all federal, state, and local environmental laws, rules, and regulations, including those involving the management of stormwater run-off and the development and maintenance of a pollution prevention plan.]

 

[(2)] A junk or scrap storage and yard must be located, conformed, drained, and managed so that it will not constitute a source of water pollution.

 

[(3) A pollution prevention plan approved by the City and the Maryland Department of the Environment is required.  The plan must comply with all federal, state, and local environmental laws, rules, and regulations.]

 

§ 14-324.  Materials recovery facilities.

 

(c)  No on-site purchases.

 

The operator of a materials recovery facility may not purchase materials on-site from the public.

 

§ 14-333.  Recyclable materials recovery facilities.

 

(c)  No on-site purchases.

 

The operator of a recyclable materials recovery facility may not purchase materials on-site from the public.

 

 

                     Title 18.  Nonconformities

 

                     Subtitle 3.  Nonconforming Uses

 

§ 18-311.  Junk or scrap storage and yards; Vehicle dismantling facilities; Landfills.

 

(b)  Modifications - Junk ... yards; Vehicle dismantling.

 

For a lawful nonconforming junk or scrap storage and yard or a lawful nonconforming vehicle dismantling facility:

 

(1)                     structural alterations are permitted; and

 

(2)                     an expansion of no more than 25% in land area is allowed if, in addition to any conditions and restrictions previously imposed:

 

(i)                     the expansion is onto a property that is no more than 750 feet from the property line of the existing [junk or scrap storage and] yard or [the]  existing [vehicle dismantling] facility; [and] or

 

[(ii) the expansion is onto the portion of that property that is closest to the existing use.]

 

(ii)                     for an  existing yard or facility located within an Urban Renewal Area that consists solely of Industrial Zoning Districts, the extension is onto a property that is:

 

(A) no more than 3,000 feet from the property line of the existing yard or facility; and

 

(B) located within the same Urban Renewal Area.

 

(c)  Modifications - Landfills.

 

For a lawful nonconforming landfill:

 

(1)                     structural alterations are permitted; and

 

(2)                     an expansion of no more than 35% in land area is allowed if, in addition to any conditions and restrictions previously imposed:

 

(i)                     the expansion is onto a property that is no more than 750 feet from the property line of the existing landfill; and

 

(ii)                     the expansion is onto the portion of that property that is closest to the existing [use] landfill.

 

 

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 (i) the date on which Ordinance 16-581 becomes effective or (ii) if later, the date on which this Ordinance is enacted.