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 Burnett
A Bill Entitled
An Ordinance concerning
title
Zoning - Use Regulation - Residential Care Facilities
For the purpose of clarifying the requirements for a residential-care facility where single-family dwellings are permitted; clarifying the duties of the Zoning Administrator; requiring that residential care facilities require conditional use approval of the Board of Municipal and Zoning Appeals in certain residential zoning districts; and conforming related provisions.
body
By repealing and re-ordaining, with amendments
Article 32 - Zoning
Sections 3-201(c) and 14-334(a)
Baltimore City Code
(Edition 2000)
By repealing and re-ordaining, with amendments
Article 32 - Zoning
Table 8-301(Residential)
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 3. Outline of Code Administration
Subtitle 2. Administrative Agencies and Officials
§ 3-201. Zoning Administrator.
(c) Powers and duties - Specific.
The Zoning Administrator has the following powers and duties under this Code:
(1) to determine whether a variance is a major or minor variance
(Title 5, Subtitle 3);
(2) to grant minor variances (Title 5, Subtitle 3);
(3) to authorize use permits (Title 5, Subtitle 7);
(4) to provide zoning consultations (Title 5, Subtitle 8);
(5) to issue zoning verifications (Title 5, Subtitle 9);
(6) to inspect structures and uses of land to determine compliance with this Code and, where violations are found, initiate action to secure compliance;
(7) to preserve all records from the administration of the zoning law since its enactment by Ordinance 31-1247;
(8) to maintain permanent records of this Code and of all actions taken under it,
including:
(i) all maps adopted under this Code; and
(ii) all amendments to this Code and to the maps adopted
under it;
(iii) the rules and regulations of the Board of Municipal and
Zoning Appeals;
(iv) applications for and approvals of conditional uses and
variances; and
(v) appeals taken under this Code;
(9) to provide and maintain a public information service on matters arising out
of this Code;
[(10) Where reasonable, necessary, and not a fundamental alteration of this Code, to provide reasonable accommodation in the application of this Code for the siting, development, and use of housing or services for an individual protected under the Federal Americans with Disabilities Act or the Federal Fair Housing Amendments Act;]
(10) [(11)] to receive, file, review, maintain copies of, and forward to the Board Municipal and Zoning Appeals applications for conditional uses, variances, appeals, and other matters on which the Board is required to act;
(11) [(12)] to perform completeness review of applications (§ 5-202);
(12) [(13)] with the approval of the Board of Estimates, to set fees for processing applications, issuing permits and other authorizations, and performing the various other functions required or authorized by this Code; and
(13) [(14)] to perform all other functions assigned to the Zoning Administrator by this Code.
Title 14. Use Standards
Subtitle 3. Use Standards
§ 14-334. Residential-care facilities.
(a) Single-family dwelling.
A residential-care facility may locate where single-family dwellings are allowed under this Code as permitted or conditional uses, if the facility:
(1) is located in a single-family dwelling (whether detached, semi-detached, or
attached);
(2) complies with § 1-305(u) {“Definitions: Dwelling unit”} [and § 1-306(g) {“Definitions: Family”}] of this Code; [and]
(3) meets the general requirements, the bulk and yard regulations, and all other requirements of this Code applicable to dwellings in the zoning district within which the facility is located [.];
(4) is not located within 1,000 feet from any other residential-care facility; and
(5) is otherwise compliant with any applicable requirements under the City Building, Fire, and Related Codes Article.
Zoning Tables
Table 8-301: Detached and Semi-Detached Residential Districts - Permitted and Conditional Uses |
Uses |
Districts |
Use Standards |
|
R-1A |
R-1B |
R-1C |
R-1D |
R-1E |
R-1 |
R-2 |
R-3 |
R-4 |
|
Residential |
|
|
|
|
|
|
|
|
|
|
Bed and Breakfast |
CB |
CB |
CB |
CB |
CB |
CB |
CB |
CB |
CB |
|
. . . |
|
|
|
|
|
|
|
|
|
|
Residential-Care Facility |
[P] CB |
[P] CB |
[P] CB |
[P] CB |
[P] CB |
[P] CB |
[P] CB |
[P] CB |
[P] CB |
Per §14-334 |
. . . . |
|
|
|
|
|
|
|
|
|
|
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.