Subtitle 5 – Legislative Authorizations
Current through 2026-07-17. Source: City of Balt., Md., Ord. 26-129. Published by the Baltimore City Department of Legislative Reference.
Balt., Md., Code art. 32, § 5-501 (2026)
§ 5-501 “Legislative authorization” defined.LinkCopy Citation
In this Code, “legislative authorization” means any ordinance that:
(1)
amends the text of this Code, except as provided in <cite data-path="|32|§5-502">§ 5-502 {“Exception for corrective bills”} of this subtitle</cite>; or
(2)
approves, authorizes, or amends a prior approval or authorization relating to 1 or more specific properties, including:
(i)
a variance;
(ii)
a conditional use;
(iii)
a map amendment;
(iv)
an educational campus master plan;
(v)
a hospital general development plan;
(vi)
an area of special sign control; and
(vii)
a planned unit development.
History: Ord. 16-581
Balt., Md., Code art. 32, § 5-502 (2026)
§ 5-502 Scope of subtitle.LinkCopy Citation
(a)In general.
This subtitle applies to all legislative authorizations created under authority of this Code.
(b)Exception for corrective bills.
This subtitle does not apply to any text amendment that:
(1)
consists only of a change in punctuation, grammar, or spelling; and
(2)
does not in any way alter the substance of this Code.
History: Ord. 16-581
Balt., Md., Code art. 32, § 5-503 (2026)
§ 5-503 Introductory statement of intent.LinkCopy Citation
(a)Statement required.
On introduction of a bill proposing a legislative authorization under <cite data-path="32|§5-501|(2)">§ 5-501(2)</cite> {“'Legislative authorization’ defined”} of this subtitle, the applicant shall submit a written statement in the form provided by the Department of Legislative Reference that informs the City Council, the agencies to which the proposed bill is referred, and the public of the changes sought and intended uses.
(b)Contents.
The statement shall contain, at a minimum:
(1)
a description of all proposed changes to the subject property;
(2)
property information, including the name of the owner and deed reference as recorded among the Land Records of Baltimore City;
(3)
a description of any contract that is contingent on the proposed legislative authorization, including the names and contact information of all parties;
(4)
the names and contact information of all individuals for whom the application benefits, including the names and contact information of individuals holding a majority stake in a corporate entity;
(5)
an affidavit executed by the applicant stating the following:
“I, [applicant name], solemnly affirm under the penalties of perjury that the information given in this Statement of Intent is true and complete to the best of my knowledge, information, and belief.”; and
(6)
any other information required to verify compliance with the standards for conditional uses, variances, and other provisions of this Code.
History:
Balt., Md., Code art. 32, § 5-504 (2026)
§ 5-504 Referrals.LinkCopy Citation
Once a bill proposing a legislative authorization has been introduced, the City Council must refer the bill to the following for their written reports and recommendations:
(1)
the Board of Municipal and Zoning Appeals;
(2)
the Planning Commission;
(3)
the Department of Transportation; and
(4)
any other agencies that the City Council President specifies.
History: Ord. 16-581
History: Ord. 17-015
Balt., Md., Code art. 32, § 5-505 (2026)
§ 5-505LinkCopy Citation
Reserved
Balt., Md., Code art. 32, § 5-506 (2026)
§ 5-506 Procedures on referral.LinkCopy Citation
(a)Planning Commission.
(1)Public hearing.
The Planning Commission must consider the referred bill in a public hearing. Notice of the public hearing must be given in accordance with Title 5, Subtitle 6 {“Notices”} of this Code. Except as provided in subsection (e)(2) of this section, the hearing must be concluded no more than 60 days from the Commission’s receipt of the referred bill.
(2)Review standards.
The Planning Commission must evaluate the bill in accordance with the standards in <cite data-path="|32|§5-508">§ 5-508 {“Approval standards”} of this subtitle</cite>.
(3)Written recommendations – Required.
Within 15 days of the close of the public hearing, the Planning Commission must:
(i)
issue its written report and recommendations; and
(ii)
forward its report and recommendations, together with all agency reports and recommendations received, to the applicant and to the City Council’s Executive Secretary.
(4)Written recommendations – Options.
(i)
For a text amendment, the Planning Commission may recommend approval, amendment, or denial of the application.
(ii)
For a map amendment, the Planning Commission may recommend:
(A)
approval or denial of the application;
(B)
an alternative zoning designation than that applied for; or
(C)
the removal or addition of properties from the application.
(b)BMZA.
Within 30 days of the bill’s introduction, the Board of Municipal and Zoning Appeals must submit its written report and recommendation to the City Council, with a copy to the Zoning Administrator.
(c)DoT for possible traffic mitigation.
Within 15 business days of the bill’s introduction, City Council must refer the bill and all accompanying documents to the Director of Transportation for review and, if required, traffic mitigation, as provided in <cite data-path="|32|§5-201|(d)">§ 5-201(d) {“Introduction: Traffic mitigation”} of this title</cite>, if:
(1)
traffic-mitigation requirements have not already been complied with in accordance with this Code or the <cite data-path="|building-codes">City Building, Fire, and Related Codes Article</cite>; and
(2)
the proposed legislative authorization:
(i)
is for property in a Traffic-Mitigation Zone designated in <cite data-path="|building-codes|II">Building Code</cite> <cite data-path="|building-codes|II|3805">§ 3805</cite> {“Traffic-Mitigation Zones”} and involves 10 or more dwelling units;
(ii)
involves 15,000 sq. ft. or more of gross floor area; or
(iii)
involves 50 or more dwelling units.
(d)Other agencies.
Within 30 days of the bill’s introduction, any other agencies to which the bill might have been referred must submit their written reports and recommendations to the City Council, with a copy to the Zoning Administrator.
(e)Agency failure to report.
(1)
If an agency fails to submit its written report and recommendations within the period specified by this section, the City Council may proceed without that report and recommendations.
(2)
However, the applicant may waive this time limit and consent to an extension of the reporting period by giving written notice of the waiver and consent to the President of the City Council, with copies to the Board of Municipal and Zoning Appeals, the Planning Commission, and the Zoning Administrator.
History: Ord. 16-581
Balt., Md., Code art. 32, § 5-507 (2026)
§ 5-507 Action by City Council.LinkCopy Citation
(a)Committee hearing.
(1)
The bill must be considered at a public hearing of a committee of the City Council. Notice of the public hearing must be given in accordance with Title 5, Subtitle 6 {“Notices”} of this Code.
(2)
The committee must evaluate the bill in accordance with the standards in <cite data-path="|32|§5-508">§ 5-508 {“Approval standards”} of this subtitle</cite>.
(b)Council options.
The City Council may approve, amend, or disapprove any legislative authorization.
(c)Rehearing on amendment.
(1)
Except as otherwise specified in this subsection, whenever a legislative authorization is amended:
(i)
another public hearing must be held on the bill as amended; and
(ii)
the requirements of this subtitle for notice and for agency reports apply to the additional hearing.
(2)
An additional hearing is not required for:
(i)
an amendment that consists only of a change in punctuation, grammar, or spelling and does not in any way alter the substance of the ordinance;
(ii)
any other amendment that does not in any way alter the substance of the ordinance;
(iii)
an amendment proposed in and approved by Committee; or
(iv)
an amendment to a comprehensive rezoning if, for at least 14 days before any vote is taken on the amendment, a description of the amendment:
(A)
has been provided to the Department of Legislative Reference and to the Department of Planning and by them made available for inspection and copying by the public; and
(B)
has been posted on the Department of Planning’s website.
(d)Failure to approve.
A bill proposing a legislative authorization is considered to have failed and the application denied if the City Council fails to act finally on the bill within 12 months from the earlier of:
(1)
the date on which the last of the required agency reports and recommendations is received; and
(2)
the last day of the agency reporting period, as set by this section.
History: Ord. 16-581
History: 17-049
History: Ord. 18-171
Balt., Md., Code art. 32, § 5-508 (2026)
§ 5-508 Approval standards.LinkCopy Citation
(a)In general.
Legislative authorizations must be evaluated by the Planning Commission and the City Council in accordance with the standards set forth in this section.
(b)Map amendments.
(1)Required findings.
As required by the State Land Use Article, the City Council may approve the legislative authorization based on a finding that there was either:
(i)
a substantial change in the character of the neighborhood where the property is located; or
(ii)
a mistake in the existing zoning classification.
(2)Required findings of fact.
In making the determination required by subsection (b)(1) of this section, the City Council must also make findings of fact that address:
(i)
population changes;
(ii)
the availability of public facilities;
(iii)
present and future transportation patterns;
(iv)
compatibility with existing and proposed development for the area;
(v)
the recommendations of the City agencies and officials; and
(vi)
the proposed amendment’s consistency with the City’s Comprehensive Master Plan.
(3)Additional standards – General.
Additional standards that must be considered for map amendments are:
(i)
existing uses of property within the general area of the property in question;
(ii)
the zoning classification of other property within the general area of the property in question;
(iii)
the suitability of the property in question for the uses permitted under its existing zoning classification; and
(iv)
the trend of development, if any, in the general area of the property in question, including changes, if any, that have taken place since the property in question was placed in its present zoning classification.
(4)Additional standards – Rezoning from MI District.
(i)
To rezone land from the Maritime Industrial (“MI”) District to any other zoning district, the Planning Commission must find that the proposed amendment:
(A)
is consistent with the most current Baltimore City Comprehensive Master Plan;
(B)
sustains or enhances transportation access into and out of the Port of Baltimore;
(C)
ensures the long-term preservation of the deep water assets of the Port of Baltimore for maritime industrial use;
(D)
protects maritime industrial land uses from the intrusion of non- industrial uses;
(E)
sustains or enhances the current and future maritime industrial economic development growth in the District;
(F)
establishes an adequate physical separation that will buffer non-industrial land uses from maritime industrial uses; and
(G)
adheres with federal and state laws regarding homeland security, generally, and port safety, specifically.
(ii)
If an application is filed to rezone property from the Maritime Industrial District, the Director of Planning must notify the Maryland Port Administration and any adjacent property owners of the application. At least 30 days before the Planning Commission hearings on the application, the Director of Planning must seek an opinion from the Maryland Port Administration on the application of the criteria listed in subparagraph (i) of this paragraph.
(c)Text amendments.
Standards that must be considered for text amendments are:
(1)
the amendment’s consistency with the City’s Comprehensive Master Plan;
(2)
whether the amendment would promote the public health, safety, and welfare;
(3)
the amendment’s consistency with the intent and general regulations of this Code;
(4)
whether the amendment would correct an error or omission, clarify existing requirements, or effect a change in policy; and
(5)
the extent to which the amendment would create nonconformities.
History: Ord. 16-581
History: Ord. 18-171