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 Dorsey
A Bill Entitled
An Ordinance concerning
title
Curb Cuts - Restoration
For the purpose of establishing a process for the City of Baltimore to restore unneeded, unused, or otherwise abandoned curb cuts.
body
By repealing and re-ordaining
Article 32 - Zoning
Section(s) 16-405
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 16. Off-Street Parking and Loading
Subtitle 4. Design of Facilities
§ 16-405. Curb cuts.
(a) Permit required.
(1) Curb cuts for driveways require a curb-cut permit from the Department of Transportation, subject to review by the Department of Planning.
(2) No person may construct, widen, remove, or alter any driveway or curb cut without a permit issued by the Department of Transportation.
(b) Considerations.
(1) For residential-, commercial-, and industrial-zoned properties, curb cuts will be considered for the following situations:
(i) for access to parking garages (principal use);
(ii) for access to parking lots with more than 5 parking spaces;
(iii) for dwelling units without rear or side access, where no on-street
parking is allowed along the front lot line;
(iv) for dwelling units that are capable of securing side street access
to a garage or parking space; and
(v) in cases where the proposed private parking will provide a net gain
over the displaced amount of on-street parking.
(2) Existing curb cuts or abandoned curb cuts do not guarantee approval for reuse unless there is an existing permit. In addition, existing curb cuts lawfully established in the immediate vicinity do not guarantee approval of any given request.
(3) The City reserves the right to deny a curb cut request regardless of the availability or unavailability of side and rear access.
(c) Curb restoration.
(1) In general.
Subject to the provisions of this subsection, the City may require a property owner abutting a curb cut to restore a curb at the property owner’s expense.
(2) Grounds for restoration order.
The City may only order a curb restoration under this subsection if:
(1) the existing curb cut is no longer needed, used, or otherwise abandoned; or
(2) the existing curb cut is not permitted under City law.
(3) Procedure.
(i) To initiate a curb restoration under this subsection, the Department of Transportation must provide the abutting property owner with a written order to restore the curb and state its grounds for ordering the restoration.
(ii) On receipt of a written order to restore the curb, a property owner may either:
(A) protest the order by showing cause in writing within 15 days to the Director of the Department of Transportation as to why the curb should not be restored; or
(B) complete the curb restoration within 90 days.
(iii) A protest filed under subparagraph (ii)(A) of this paragraph must be reviewed by the Director of Transportation, who may uphold, modify, or rescind the Department of Transportation’s order.
(iv) If an abutting property owner fails to comply with an order issued under this subsection, the City may restore the curb and assess the property owner for any associated costs.
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.