EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*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
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 6, 2022
CHAPTER ______
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; requiring the Baltimore Planning 6
Department to conduct a small box discount store diversity study; and generally 7
relating to zoning requirements in Baltimore City. 8
BY repealing and reenacting, without amendments, 9
Article – Land Use 10
Section 10–201, 10–202, and 10–302(2)(ii) and (3) 11
Annotated Code of Maryland 12
(2012 Volume and 2021 Supplement) 13
BY adding to 14
Article – Land Use 15
Section 10–306 16
Annotated Code of Maryland 17
(2012 Volume and 2021 Supplement) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – Land Use 21 2 SENATE BILL 869
10–201. 1
(a) It is the policy of the State that: 2
(1) the orderly development and use of land and structures requires 3
comprehensive regulation through the implementation of planning and zoning controls; 4
and 5
(2) planning and zoning controls shall be implemented by local 6
government. 7
(b) To achieve the public purposes of this regulatory scheme, the General 8
Assembly recognizes that local government action will limit free business enterprise and 9
competition by owners and users of property through the planning and zoning controls set 10
forth in this title and elsewhere in the public general and public local laws. 11
10–202. 12
To promote the health, safety, and general welfare of the community, the Mayor and 13
City Council of Baltimore City may regulate: 14
(1) the height, number of stories, and size of buildings and other structures; 15
(2) the percentage of a lot that may be occupied; 16
(3) off–street parking; 17
(4) the size of yards, courts, and other open spaces; 18
(5) population density; and 19
(6) the location and use of buildings, signs, structures, and land. 20
10–302. 21
Zoning regulations adopted by the Mayor and City Council of Baltimore City under 22
this subtitle shall: 23
(2) be designed to: 24
(ii) promote health, public safety, and general welfare; 25
(3) include reasonable consideration for: 26
(i) the character of the district or zone and its suitability for 27
particular uses; 28 SENATE BILL 869 3
(ii) the conservation of the value of buildings and other structures; 1
and 2
(iii) encouragement for orderly development and the most 3
appropriate use of land throughout Baltimore City. 4
10–306. 5
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 6
INDICATED. 7
(2) “COMMUNITY BENEFITS AGREEMENT ” MEANS A CONTRACT 8
SIGNED BY RECOGNIZED COMMUNITY ASSOCIATIO NS AND AN APPLICANT FOR A 9
ZONING PERMIT THAT R EQUIRES THE APPLICAN T TO PROVIDE SPECIFI C AMENITIES, 10
SIGNAGE, MITIGATIONS, ECONOMIC IMPACTS , AND REQUIREMENTS REL ATING TO 11
THE DIVERSITY , BALANCE, AND CHARACTER OF THE LOCAL COMMUNITY OR 12
NEIGHBORHOOD DEFINED IN THE AGREEMENT . 13
(3) “DISPERSAL REGULATION ” MEANS A ZONING REGUL ATION THAT 14
REQUIRES A MINIMUM D ISTANCE BETWEEN QUAL IFYING USES, MEASURED IN A 15
STRAIGHT LINE FROM T HE NEAREST POINT ON A LOT LINE OF THE PROP ERTY 16
OCCUPIED BY ONE QUAL IFYING USE TO THE NE AREST POINT ON A LOT LINE OF THE 17
OTHER PROPERTY OCCUP IED BY A QUALIFYING USE. 18
(3) (4) “GROCERY STORE ” HAS THE MEANING STAT ED IN § 9–254 19
OF THE TAX – PROPERTY ARTICLE. 20
(4) (5) “PHARMACY” HAS THE MEANING STAT ED IN § 12–101 OF 21
THE HEALTH OCCUPATIONS ARTICLE. 22
(5) (6) (I) “SMALL BOX DISCOUNT ST ORE” MEANS A RETAIL 23
STORE THAT HAS A FLOOR ARE A OF MORE THAN 5,000 SQUARE FEET AND LESS THAN 24
12,000 SQUARE FEET AND THAT OFFERS FOR SALE : 25
1. A COMBINATION AND VARI ETY OF CONVENIENCE 26
SHOPPING GOODS AND C ONSUMER SHOPPING GOO DS; AND 27
2. WHERE THE MAJORITY OF THE ITEMS IN THE 28
INVENTORY ARE OFFERED FOR SALE AT A PRICE NOT TO EX CEED $5. 29
(II) “SMALL BOX DISCOUNT ST ORE” DOES NOT INCLUDE : 30
1. A GROCERY STORE ; 31
4 SENATE BILL 869
2. A STORE THAT CONTAIN S A PHARMACY WHERE 1
PRESCRIPTION DRUGS A RE COMPOUNDED , DISPENSED, OR DISTRIBUTED ; 2
3. A STORE THAT OFFERS FOR SALE GASOLINE , DIESEL 3
FUEL, OR ON–SITE ELECTRIC CHARGI NG CAPABILITIES FOR VEHICLES; 4
4. A RETAIL STORE WHERE THE M AJORITY OF THE 5
PRODUCTS SOLD ARE PE RSONAL HYGIENE PRODU CTS OR COSMETICS ; OR 6
5. A STORE THAT PRIMARI LY ENGAGES IN THE RE SALE 7
OF USED CONSUMER GOO DS. 8
(B) THE IN ACCORDANCE WITH §§ 10–201 AND 10–202 OF THIS TITLE AND 9
§§ 10–301 AND 10–302 OF THIS SUBTITLE , THE MAYOR AND CITY COUNCIL OF 10
BALTIMORE CITY SHALL ENACT PLANNING AND Z ONING CONTROLS THAT : 11
(1) ESTABLISH A DISPERSA L REGULATION THAT PR OVIDES FOR A 12
MINIMUM DISTANCE BET WEEN SMALL BOX DISCO UNT STORES OF 1 MILE; 13
(2) ESTABLISH THE DEVELO PMENT OF A SMALL BOX DISCOUNT 14
STORE AS A CONDITION AL USE DEPENDENT ON WHETHER THE PROPOSED SMALL 15
BOX DISCOUNT STORE I S LIKELY TO HAVE A D ETRIMENTAL IMPACT ON : 16
(I) EXISTING LOCAL RETAI L AND GROCERY STORES ; AND 17
(II) THE DEVELOPMEN T OF GROCERY STORES AND OTHER 18
STORES OFFERING HEAL THY FOOD OPTIONS ; 19
(3) IMPLEMENT, AS PART OF THE APPRO VAL OF A ZONING PERM IT 20
APPLICATION FOR A SM ALL BOX DISCOUNT STO RE, A REQUIREMENT THAT T HE 21
APPLICANT, INCLUDING THE OPERAT OR OR OWNER OF THE B UILDING IF THAT 22
INDIVIDUAL IS NOT TH E SAME PERSON AS THE OWNER OR OPERATOR OF THE 23
PROPOSED SMALL BOX D ISCOUNT STORE , EXECUTE A COMMUNITY AGREEMENT 24
WITH THE ADJACENT CO MMUNITIES WITHIN A 0.5–MILE RADIUS OF THE P ROPOSED 25
SITE FOR THE SMALL B OX DISCOUNT STORE ; 26
(4) NOTIFY THE ADJACENT C OMMUNITIES WITHIN A 0.5–MILE RADIUS 27
OF THE PROPOSED SITE FOR THE SMALL BOX DI SCOUNT STORE OF THE EXISTENCE 28
OF A ZONING PERMIT A PPLICATION NOT LATER THAN 15 BUSINESS DAYS AFTER 29
SUBMISSION OF THE AP PLICATION; AND 30
(3) AS PART OF THE APPRO VAL PROCESS FOR THE CONDITIONAL USE , 31
AUTHORIZE THE CONSID ERATION OF WHETHER T HE PROPOSED CONDITIO NAL USE 32
IS LIKELY TO: 33 SENATE BILL 869 5
(I) HAVE ANY DETRIMENTAL IMPACTS ON THE ECONO MY, 1
DIVERSITY, OR PUBLIC SAFETY OF THE NEIGHBORHOOD WHE RE THE PROPO SED 2
CONDITIONAL USE IS L OCATED; 3
(II) HAVE ANY DETRIMENTAL IMPACTS ON EXISTING LOCAL 4
RETAIL AND GROCERY S TORES; OR 5
(III) IMPEDE THE ENTRY OR PRESERVATION OF FULL –SERVICE 6
GROCERY STORES ; 7
(4) (I) ESTABLISH A MECHANIS M FOR THE ADOPTION A ND 8
APPROVAL OF A COMMUNITY BEN EFITS AGREEMENT BETW EEN THE APPLICANT , 9
ALONG WITH THE OWNER OR OPERATOR OF THE B UILDING IN WHICH THE SMALL 10
BOX DISCOUNT STORE W ILL BE LOCATED IF TH E APPLICANT IS NOT T HE OWNER OR 11
OPERATOR OF THE BUIL DING, AND RECOGNIZED COMMU NITY ASSOCI ATIONS 12
LOCATED WITHIN A 0.5–MILE RADIUS OF THE P ROPOSED SITE; 13
(II) REQUIRE THE APPLICAN T TO: 14
1. ENTER INTO AN APPROV ED COMMUNITY BENEFIT S 15
AGREEMENT IN ACCORDA NCE WITH ITEM (I) OF THIS ITEM; OR 16
2. DEMONSTRATE TO THE BALTIMORE CITY ZONING 17
ADMINISTRATOR THAT THE A PPLICANT HAS USED TH E APPLICANT’S BEST EFFORTS 18
TO NEGOTIATE A COMMU NITY BENEFITS AGREEM ENT IN ACCORDANCE WI TH ITEM 19
(I) OF THIS ITEM; AND 20
(III) IF THE BALTIMORE CITY ZONING ADMINISTRATOR 21
DETERMINES THAT THE APPLICANT HAS NOT US ED BEST EFFORTS TO NEGO TIATE A 22
COMMUNITY BENEFITS A GREEMENT IN ACCORDAN CE WITH ITEM (II)2 OF THIS ITEM, 23
REQUIRE THAT THE APP LICATION’S APPROVAL BE DELAYE D UNTIL THE APPLICAN T 24
HAS MET EITHER REQUI REMENT OF ITEM (II) OF THIS ITEM; 25
(5) REQUIRE THE NOTICE O F A ZONING APPLICATION F OR A SMALL 26
BOX DISCOUNT STORE T O BE GIVEN TO THE RE SIDENTS AND OWNERS O F PROPERTY 27
THAT IS LOCATED WITH IN A 0.5–MILE RADIUS OF THE P ROPOSED SITE: 28
(I) WITHIN 21 BUSINESS DAYS AFTER THE APPLICATION IS 29
FILED; AND 30
(II) BEFORE A HEARING ON THE APPLI CATION IS SCHEDULED ; 31
AND 32
6 SENATE BILL 869
(5) (6) ESTABLISH A MECHANIS M FOR THE ENFORCEMEN T OF 1
COMMUNITY BENEFITS AGREEMENTS EXECUTED UNDER ITEM (3) APPROVED IN 2
ACCORDANCE WITH ITEM (4) OF THIS SUBSECTION . 3
(C) A REGULATION ESTABLISH ED IN ACCORDANC E WITH SUBSECTION 4
(B)(1) OF THIS SECTION SHAL L APPLY TO PERMITS F OR ALL USES, STRUCTURES , 5
BUILDING ALTERATIONS , OR SITE MODIFICATION S. 6
SECTION 2. AND BE IT FURTHER ENACTED, That Baltimore City shall 7
implement the provisions of Section 1 of this Act on or before September 1, 2022. 8
SECTION 3. AND BE IT FURTHER ENACTED, That a small box discount store in 9
Baltimore City that is in existence or that has received all necessary zoning permits before 10
the implementation of the provisions of Section 1 of this Act shall execute a community 11
agreement with the adjacent communities within a 0.5–mile radius of the small box 12
discount store not later than 60 days after the implementation of the provisions of Section 13
1 of this Act. 14
SECTION 2. AND BE IT FURTHER ENACTE D, That: 15
(a) The Baltimore City Planning Department shall conduct a comprehensive 16
small box discount store diversity study. 17
(b) The study shall: 18
(1) be completed by a qualified analyst selected by the Planning 19
Department; and 20
(2) appropriately classify, define, and regulate small box discount stores 21
along a number of economic, demographic, and public health dimensions, including: 22
(i) a list of the number and distribution of small box discount stores 23
in Baltimore City; 24
(ii) a description of the environmental, public safety, and economic 25
impact of a representative sample of existing stores; and 26
(iii) recommendations for changes to the establishment of small box 27
discount stores as a conditional use, including restrictions, standards, enforcement 28
procedures, and regulations. 29
(c) The Planning Department shall hold stakeholder meetings and solicit public 30
comments on the study. 31
(d) On or before November 30, 2022, the Planning Department shall report its 32
findings and recommendations to the Mayor and City Council of Baltimore City and the 33 SENATE BILL 869 7
members of the Baltimore City House and Senate delegations to the General Assembly, in 1
accordance with § 2–1257 of State Government Article. 2
SECTION 3. AND BE IT FURTHER ENACTED, That, on or before Septem ber 1, 3
2022, the Mayor and City Council of Baltimore City shall report to the members of the 4
Baltimore City House and Senate delegations to the General Assembly, in accordance with 5
§ 2–1257 of the State Government Article, on the implementation of the provisions of 6
Section 1 of this Act. 7
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect June 8
July 1, 2022. 9
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.