EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0869*
SENATE BILL 869
C8, L2 2lr2936
By: Senators Washington, Hayes, McCray, and Sydnor
Introduced and read first time: February 7, 2022
Assigned to: Education, Health, and Environmental Affairs
A BILL ENTITLED
AN ACT concerning 1
Baltimore City – Small Box Discount Stores – Zoning Requirements and 2
Community Agreements 3
FOR the purpose of requiring the Mayor and City Council of Baltimore City to establish 4
certain requirements and take certain actions with regard to the location of and use 5
of a property as a small box discount store; and generally relating to zoning 6
requirements in Baltimore City. 7
BY adding to 8
Article – Land Use 9
Section 10–306 10
Annotated Code of Maryland 11
(2012 Volume and 2021 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – Land Use 15
10–306. 16
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 17
INDICATED. 18
(2) “DISPERSAL REGULATION ” MEANS A ZONING REGULATION THAT 19
REQUIRES A MINIMUM D ISTANCE BETWEEN QUAL IFYING USES, MEASURED IN A 20
STRAIGHT LINE FROM T HE NEAREST POINT ON A LOT LINE OF THE PR OPERTY 21
OCCUPIED BY ONE QUAL IFYING USE TO THE NE AREST POINT ON A LOT LINE OF THE 22
OTHER PROPERTY OCCUP IED BY A QUALIFYING USE. 23
2 SENATE BILL 869
(3) “GROCERY STORE ” HAS THE MEANING STAT ED IN § 9–254 OF THE 1
TAX – PROPERTY ARTICLE. 2
(4) “PHARMACY” HAS THE MEANING STAT ED IN § 12–101 OF THE 3
HEALTH OCCUPATIONS ARTICLE. 4
(5) (I) “SMALL BOX DISCOUNT ST ORE” MEANS A RETAIL STORE 5
WHERE THE MAJORITY O F THE ITEMS IN THE I NVENTORY ARE OFFERED FOR SALE 6
AT A PRICE NOT TO EX CEED $5. 7
(II) “SMALL BOX DISCOUNT ST ORE” DOES NOT INCLUDE : 8
1. A GROCERY STORE ; 9
2. A STORE THAT CONTAINS A PHARMACY WHERE 10
PRESCRIPTION DRUGS A RE COMPOUNDED , DISPENSED, OR DISTRIBUTED ; 11
3. A STORE THAT OFFERS FO R SALE GASOLINE , DIESEL 12
FUEL, OR ON–SITE ELECTRIC CHARGI NG CAPABILITIES FOR VEHICLES; 13
4. A RETAIL STORE WHERE T HE MAJORITY OF THE 14
PRODUCTS SOLD ARE PERSONAL HYGIENE PRO DUCTS OR COSMETICS ; OR 15
5. A STORE THAT PRIMARILY ENGAGES IN THE RESAL E 16
OF USED CONSUMER GOO DS. 17
(B) THE MAYOR AND CITY COUNCIL OF BALTIMORE CITY SHALL: 18
(1) ESTABLISH A DISPERSAL REGULATION THAT PROVIDES FOR A 19
MINIMUM DISTANCE BET WEEN SMALL BOX DISCO UNT STORES OF 1 MILE; 20
(2) ESTABLISH THE DEVELO PMENT OF A SMALL BOX DISCOUNT 21
STORE AS A CONDITION AL USE DEPENDENT ON WHETHER THE PROPOSED SMALL 22
BOX DISCOUNT STORE I S LIKELY TO HAVE A DETRIMENTA L IMPACT ON: 23
(I) EXISTING LOCAL RETAI L AND GROCERY STORES ; AND 24
(II) THE DEVELOPMENT OF GROCE RY STORES AND OTHER 25
STORES OFFERING HEAL THY FOOD OPTIONS ; 26
(3) IMPLEMENT, AS PART OF THE APPROVAL OF A ZONING PERMIT 27
APPLICATION FOR A SMALL BOX DISCOUNT S TORE, A REQUIREMENT THAT T HE 28
APPLICANT, INCLUDING THE OPERAT OR OR OWNER OF THE B UILDING IF THAT 29 SENATE BILL 869 3
INDIVIDUAL IS NOT TH E SAME PERSON AS THE OWNER OR OPERATOR OF THE 1
PROPOSED SMALL BOX D ISCOUNT STORE , EXECUTE A COMMUNITY AGREEMENT 2
WITH THE ADJACENT COMMUNITIES WITHIN A 0.5–MILE RADIUS OF THE P ROPOSED 3
SITE FOR THE SMALL B OX DISCOUNT STORE ; 4
(4) NOTIFY THE ADJACENT COMMUNITIES WITHIN A 0.5–MILE RADIUS 5
OF THE PROPOSED SITE FOR THE SMALL BOX DI SCOUNT STORE OF THE EXISTENCE 6
OF A ZONING PERMIT APPLICATION NOT LATER THAN 15 BUSINESS DAYS AFTER 7
SUBMISSION OF THE AP PLICATION; AND 8
(5) ESTABLISH A MECHANIS M FOR THE ENFORCEMEN T OF 9
COMMUNITY AGREEMENTS EXECUTED UNDER ITEM (3) OF THIS SUBSECTION . 10
SECTION 2. AND BE IT FURTHER ENACTED, That Baltimore City shall 11
implement the provisions of Section 1 of this Act on or before September 1, 2022. 12
SECTION 3. AND BE IT FURTHER ENACTED, That a small box discount store in 13
Baltimore City that is in existence or that has received all necessary zoning permits before 14
the implementation of the provisions of Section 1 of this Act shall execute a community 15
agreement with the adjacent communities within a 0.5–mile radius of the small box 16
discount store not later than 60 days after the implementation of the provisions of Section 17
1 of this Act. 18
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect June 19
1, 2022. 20