Baltimore City Council
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File #: 19-0478    Version: 0 Name: Curb Cuts - Restoration
Type: Ordinance Status: Withdrawn
File created: 12/16/2019 In control: City Council
On agenda: Final action: 7/6/2020
Enactment #:
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.
Sponsors: Ryan Dorsey, Kristerfer Burnett, Zeke Cohen, Bill Henry, John T. Bullock, Sharon Green Middleton, Mary Pat Clarke, Edward Reisinger, Eric T. Costello, Robert Stokes, Sr., Shannon Sneed
Indexes: Curb Cuts, Restoring
Attachments: 1. 19-0478~1st Reader, 2. Parking 19-0478, 3. DOT 19-0478

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 owners 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 Transportations 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.