Title 10. Baltimore City Zoning — Subtitle 3. Designation and Adoption

Within the districts and zones, the Mayor and City Council of Baltimore City may regulate the construction, alteration, repair, or use of buildings, structures, or land.

control street congestion;

promote health, public safety, and general welfare;

provide adequate light and air;

promote the conservation of natural resources;

prevent environmental pollution;

properly manage growth and development; and

promote or facilitate adequate transportation, water, sewerage, schools, recreation, parks, and other public facilities; and

the character of the district or zone and its suitability for particular uses;

the conservation of the value of buildings and other structures; and

encouragement for orderly development and the most appropriate use of land throughout Baltimore City.

The Mayor and City Council of Baltimore City shall hold at least one public hearing on a proposed zoning regulation or boundary at which parties in interest and citizens have an opportunity to be heard.

The zoning regulation or boundary may not become effective until after the hearing or hearings.

post a similar notice at a place designated by the respective zoning authorities within the district or zone proposed to be changed; and

mail notice of the proposed change by United States first–class mail to any person whose name last appeared in the Baltimore City tax records as the owner of the property proposed to be changed.

If the purpose and effect of a proposed map amendment is to change the zoning classification of particular property, the City Council shall make findings of fact that address:

The City Council may grant the amendment to change the zoning classification based on a finding that there was:

The City Council may not allow the filing of an application for a reclassification of a tract or parcel of land for which a reclassification has been denied by the City Council on the merits in the 12 months before the date of the application.

The Mayor and City Council of Baltimore City shall refer proposed changes to the boundaries of a district or zone to the Baltimore City Planning Commission and to the Board.

The Planning Commission and the Board shall:

If the Planning Commission and the Board recommend disapproval of the proposed changes to the boundaries of a district or zone, the changes may not take effect unless a majority of the members of the City Council vote to approve the changes.

In this section the following words have the meanings indicated.

“Community benefits agreement” means a contract signed by recognized community associations and an applicant for a zoning permit that requires the applicant to provide specific amenities, signage, mitigations, economic impacts, and requirements relating to the diversity, balance, and character of the local community or neighborhood defined in the agreement.

“Dispersal regulation” means a zoning regulation that requires a minimum distance between qualifying uses, measured in a straight line from the nearest point on a lot line of the property occupied by one qualifying use to the nearest point on a lot line of the other property occupied by a qualifying use.

“Grocery store” has the meaning stated in § 9–254 of the Tax – Property Article.

“Pharmacy” has the meaning stated in § 12–101 of the Health Occupations Article.

establish a dispersal regulation that provides for a minimum distance between small box discount stores;

establish the development of a small box discount store as a conditional use;

as part of the approval process for the conditional use, authorize the consideration of whether the proposed conditional use is likely to:

establish a mechanism for the adoption and approval of a community benefits agreement between the applicant, along with the owner or operator of the building in which the small box discount store will be located if the applicant is not the owner or operator of the building, and recognized community associations;

require the notice of a zoning application for a small box discount store to be given to the residents and owners of property that is located within a 0.5–mile radius of the proposed site; and

establish a mechanism for the enforcement of community benefits agreements approved in accordance with item (4) of this subsection.