MD
Maryland Senate Bill SB869

Maryland 2022 Regular Session

Maryland Senate Bill SB869 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 636
21
3-– 1 –
4-Chapter 636
5-(Senate Bill 869)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *sb0869*
89
9-Baltimore City – Small Box Discount Stores – Zoning Requirements and
10-Community Agreements
10+SENATE BILL 869
11+C8, L2 2lr2936
1112
12-FOR the purpose of requiring authorizing the Mayor and City Council of Baltimore City to
13-establish certain requirements and take certain actions with regard to the location
14-of and use of a property as a small box discount store; requiring the Baltimore
15-Planning Department Mayor and City Council to conduct a small box discount store
16-diversity study; and generally relating to zoning requirements in Baltimore City.
13+By: Senators Washington, Hayes, McCray, and Sydnor
14+Introduced and read first time: February 7, 2022
15+Assigned to: Education, Health, and Environmental Affairs
16+Committee Report: Favorable with amendments
17+Senate action: Adopted
18+Read second time: March 6, 2022
1719
18-BY repealing and reenacting, without amendments,
19- Article – Land Use
20- Section 10–201, 10–202, and 10–302(2)(ii) and (3)
21- Annotated Code of Maryland
22- (2012 Volume and 2021 Supplement)
20+CHAPTER ______
2321
24-BY adding to
25- Article – Land Use
26-Section 10–306
27- Annotated Code of Maryland
28- (2012 Volume and 2021 Supplement)
22+AN ACT concerning 1
2923
30- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
31-That the Laws of Maryland read as follows:
24+Baltimore City – Small Box Discount Stores – Zoning Requirements and 2
25+Community Agreements 3
3226
33-Article – Land Use
27+FOR the purpose of requiring the Mayor and City Council of Baltimore City to establish 4
28+certain requirements and take certain actions with regard to the location of and use 5
29+of a property as a small box discount store; requiring the Baltimore Planning 6
30+Department to conduct a small box discount store diversity study; and generally 7
31+relating to zoning requirements in Baltimore City. 8
3432
35-10–201.
33+BY repealing and reenacting, without amendments, 9
34+ Article – Land Use 10
35+ Section 10–201, 10–202, and 10–302(2)(ii) and (3) 11
36+ Annotated Code of Maryland 12
37+ (2012 Volume and 2021 Supplement) 13
3638
37- (a) It is the policy of the State that:
39+BY adding to 14
40+ Article – Land Use 15
41+Section 10–306 16
42+ Annotated Code of Maryland 17
43+ (2012 Volume and 2021 Supplement) 18
3844
39- (1) the orderly development and use of land and structures requires
40-comprehensive regulation through the implementation of planning and zoning controls;
41-and
45+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
46+That the Laws of Maryland read as follows: 20
4247
43- (2) planning and zoning controls shall be implemented by local
44-government.
48+Article – Land Use 21 2 SENATE BILL 869
4549
46- (b) To achieve the public purposes of this regulatory scheme, the General
47-Assembly recognizes that local government action will limit free business enterprise and
48-competition by owners and users of property through the planning and zoning controls set
49-forth in this title and elsewhere in the public general and public local laws. Ch. 636 2022 LAWS OF MARYLAND
5050
51-– 2 –
5251
53-10–202.
52+10–201. 1
5453
55- To promote the health, safety, and general welfare of the community, the Mayor and
56-City Council of Baltimore City may regulate:
54+ (a) It is the policy of the State that: 2
5755
58- (1) the height, number of stories, and size of buildings and other structures;
56+ (1) the orderly development and use of land and structures requires 3
57+comprehensive regulation through the implementation of planning and zoning controls; 4
58+and 5
5959
60- (2) the percentage of a lot that may be occupied;
60+ (2) planning and zoning controls shall be implemented by local 6
61+government. 7
6162
62- (3) off–street parking;
63+ (b) To achieve the public purposes of this regulatory scheme, the General 8
64+Assembly recognizes that local government action will limit free business enterprise and 9
65+competition by owners and users of property through the planning and zoning controls set 10
66+forth in this title and elsewhere in the public general and public local laws. 11
6367
64- (4) the size of yards, courts, and other open spaces;
68+10–202. 12
6569
66- (5) population density; and
70+ To promote the health, safety, and general welfare of the community, the Mayor and 13
71+City Council of Baltimore City may regulate: 14
6772
68- (6) the location and use of buildings, signs, structures, and land.
73+ (1) the height, number of stories, and size of buildings and other structures; 15
6974
70-10–302.
75+ (2) the percentage of a lot that may be occupied; 16
7176
72- Zoning regulations adopted by the Mayor and City Council of Baltimore City under
73-this subtitle shall:
77+ (3) off–street parking; 17
7478
75- (2) be designed to:
79+ (4) the size of yards, courts, and other open spaces; 18
7680
77- (ii) promote health, public safety, and general welfare;
81+ (5) population density; and 19
7882
79- (3) include reasonable consideration for:
83+ (6) the location and use of buildings, signs, structures, and land. 20
8084
81- (i) the character of the district or zone and its suitability for
82-particular uses;
85+10–302. 21
8386
84- (ii) the conservation of the value of buildings and other structures;
85-and
87+ Zoning regulations adopted by the Mayor and City Council of Baltimore City under 22
88+this subtitle shall: 23
8689
87- (iii) encouragement for orderly development and the most
88-appropriate use of land throughout Baltimore City.
90+ (2) be designed to: 24
8991
90-10–306.
92+ (ii) promote health, public safety, and general welfare; 25
9193
92- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
93-INDICATED.
94+ (3) include reasonable consideration for: 26
9495
95- (2) “COMMUNITY BENEFITS AG REEMENT” MEANS A CONTRACT
96-SIGNED BY RECOGNIZED COMMUNITY ASSOCIATIO NS AND AN APPLICANT FOR A
97-ZONING PERMIT THAT R EQUIRES THE APPLICAN T TO PROVIDE SPECIFI C AMENITIES, LAWRENCE J. HOGAN, JR., Governor Ch. 636
96+ (i) the character of the district or zone and its suitability for 27
97+particular uses; 28 SENATE BILL 869 3
9898
99-– 3 –
100-SIGNAGE, MITIGATIONS, ECONOMIC IMPACTS , AND REQUIREMENTS REL ATING TO
101-THE DIVERSITY , BALANCE, AND CHARACTER OF THE LOCA L COMMUNITY OR
102-NEIGHBORHOOD DEFINED IN THE AGREEMENT .
10399
104- (3) “DISPERSAL REGULATION ” MEANS A ZONING REGUL ATION THAT
105-REQUIRES A MINIMUM D ISTANCE BETWEEN QUAL IFYING USES, MEASURED IN A
106-STRAIGHT LINE FROM T HE NEAREST POINT ON A LOT LINE OF THE PROPERTY
107-OCCUPIED BY ONE QUAL IFYING USE TO THE NE AREST POINT ON A LOT LINE OF THE
108-OTHER PROPERTY OCCUP IED BY A QUALIFYING USE.
109100
110- (3) (4) “GROCERY STORE ” HAS THE MEANING STAT ED IN § 9–254
111-OF THE TAX – PROPERTY ARTICLE.
101+ (ii) the conservation of the value of buildings and other structures; 1
102+and 2
112103
113- (4) (5) “PHARMACY” HAS THE MEA NING STATED IN § 12–101 OF
114-THE HEALTH OCCUPATIONS ARTICLE.
104+ (iii) encouragement for orderly development and the most 3
105+appropriate use of land throughout Baltimore City. 4
115106
116- (5) (6) (I) “SMALL BOX DISCOUNT ST ORE” MEANS A RETAIL
117-STORE THAT HAS A FLOOR ARE A OF MORE THAN 5,000 SQUARE FEET AND LESS THAN
118-12,000 SQUARE FEET AND THAT OFFERS FOR SALE :
107+10–306. 5
119108
120- 1. A COMBINATION AND VARIETY OF CONVE NIENCE
121-SHOPPING GOODS AND C ONSUMER SHOPPING GOO DS; AND
109+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 6
110+INDICATED. 7
122111
123- 2. WHERE THE MAJORITY OF THE ITEMS IN THE
124-INVENTORY ARE OFFERED FOR SALE AT A PRICE NOT TO EX CEED $5.
112+ (2) “COMMUNITY BENEFITS AGREEMENT ” MEANS A CONTRACT 8
113+SIGNED BY RECOGNIZED COMMUNITY ASSOCIATIO NS AND AN APPLICANT FOR A 9
114+ZONING PERMIT THAT R EQUIRES THE APPLICAN T TO PROVIDE SPECIFI C AMENITIES, 10
115+SIGNAGE, MITIGATIONS, ECONOMIC IMPACTS , AND REQUIREMENTS REL ATING TO 11
116+THE DIVERSITY , BALANCE, AND CHARACTER OF THE LOCAL COMMUNITY OR 12
117+NEIGHBORHOOD DEFINED IN THE AGREEMENT . 13
125118
126- (II) “SMALL BOX DISCOUNT ST ORE” DOES NOT INCLUDE :
119+ (3) “DISPERSAL REGULATION ” MEANS A ZONING REGUL ATION THAT 14
120+REQUIRES A MINIMUM D ISTANCE BETWEEN QUAL IFYING USES, MEASURED IN A 15
121+STRAIGHT LINE FROM T HE NEAREST POINT ON A LOT LINE OF THE PROP ERTY 16
122+OCCUPIED BY ONE QUAL IFYING USE TO THE NE AREST POINT ON A LOT LINE OF THE 17
123+OTHER PROPERTY OCCUP IED BY A QUALIFYING USE. 18
127124
128- 1. A GROCERY ST ORE;
125+ (3) (4) “GROCERY STORE ” HAS THE MEANING STAT ED IN § 9–254 19
126+OF THE TAX – PROPERTY ARTICLE. 20
129127
130- 2. A STORE THAT CONTAIN S A PHARMACY WHERE
131-PRESCRIPTION DRUGS A RE COMPOUNDED , DISPENSED, OR DISTRIBUTED ;
128+ (4) (5) “PHARMACY” HAS THE MEANING STAT ED IN § 12–101 OF 21
129+THE HEALTH OCCUPATIONS ARTICLE. 22
132130
133- 3. A STORE THAT OFFERS FOR SALE GASOLINE , DIESEL
134-FUEL, OR ON–SITE ELECTRIC CHARGI NG CAPABILITIES FOR VEHICLES;
131+ (5) (6) (I) “SMALL BOX DISCOUNT ST ORE” MEANS A RETAIL 23
132+STORE THAT HAS A FLOOR ARE A OF MORE THAN 5,000 SQUARE FEET AND LESS THAN 24
133+12,000 SQUARE FEET AND THAT OFFERS FOR SALE : 25
135134
136- 4. A RETAIL STORE WHERE THE MAJORITY O F THE
137-PRODUCTS SOLD ARE PE RSONAL HYGIENE PRODU CTS OR COSMETICS ; OR
135+ 1. A COMBINATION AND VARI ETY OF CONVENIENCE 26
136+SHOPPING GOODS AND C ONSUMER SHOPPING GOO DS; AND 27
138137
139- 5. A STORE THAT PRIMARI LY ENGAGES IN THE RE SALE
140-OF USED CONSUMER GOO DS.
141- Ch. 636 2022 LAWS OF MARYLAND
138+ 2. WHERE THE MAJORITY OF THE ITEMS IN THE 28
139+INVENTORY ARE OFFERED FOR SALE AT A PRICE NOT TO EX CEED $5. 29
142140
143-– 4 –
144- (B) THE IN ACCORDANCE WITH §§ 10–201 AND 10–202 OF THIS TITLE AND
145-§§ 10–301 AND 10–302 OF THIS SUBTITLE, THE MAYOR AND CITY COUNCIL OF
146-BALTIMORE CITY SHALL MAY ENACT PLANNING AND Z ONING CONTROLS THAT :
141+ (II) “SMALL BOX DISCOUNT ST ORE” DOES NOT INCLUDE : 30
147142
148- (1) ESTABLISH A DISPERSA L REGULATION THAT PR OVIDES FOR A
149-MINIMUM DISTANCE BET WEEN SMALL BOX DISCO UNT STORES OF 1 MILE;
143+ 1. A GROCERY STORE ; 31
144+ 4 SENATE BILL 869
150145
151- (2) ESTABLISH THE DEVELO PMENT OF A SMALL BOX DISCOUNT
152-STORE AS A CONDITION AL USE DEPENDENT ON WHETHER THE PROPOSED SMALL
153-BOX DISCOUNT STORE I S LIKELY TO HAVE A D ETRIMENTAL IMPACT ON :
154146
155- (I) EXISTING LOCAL RETAI L AND GROCERY STORES ; AND
147+ 2. A STORE THAT CONTAIN S A PHARMACY WHERE 1
148+PRESCRIPTION DRUGS A RE COMPOUNDED , DISPENSED, OR DISTRIBUTED ; 2
156149
157- (II) THE DEVELOPMEN T OF GROCERY STORES AND OTHER
158-STORES OFFERING HEAL THY FOOD OPTIONS ;
150+ 3. A STORE THAT OFFERS FOR SALE GASOLINE , DIESEL 3
151+FUEL, OR ON–SITE ELECTRIC CHARGI NG CAPABILITIES FOR VEHICLES; 4
159152
160- (3) IMPLEMENT , AS PART OF THE APPRO VAL OF A ZONING PERM IT
161-APPLICATION FOR A SM ALL BOX DISCOUNT STO RE, A REQUIREMENT THAT T HE
162-APPLICANT, INCLUDING THE OPERAT OR OR OWNER OF THE B UILDING IF THAT
163-INDIVIDUAL IS NOT TH E SAME PERSON AS THE OWNER OR OPERATOR OF THE
164-PROPOSED SMALL BOX D ISCOUNT STORE , EXECUTE A COMMUNITY AGREEMENT
165-WITH THE ADJACENT CO MMUNITIES WITHIN A 0.5–MILE RADIUS OF THE P ROPOSED
166-SITE FOR THE SMALL B OX DISCOUNT STORE ;
153+ 4. A RETAIL STORE WHERE THE M AJORITY OF THE 5
154+PRODUCTS SOLD ARE PE RSONAL HYGIENE PRODU CTS OR COSMETICS ; OR 6
167155
168- (4) NOTIFY THE ADJACENT C OMMUNITIES WITHIN A 0.5–MILE RADIUS
169-OF THE PROPOSED SITE FOR THE SMALL BOX DI SCOUNT STORE OF THE EXISTENCE
170-OF A ZONING PERMIT A PPLICATION NOT LATER THAN 15 BUSINESS DAYS AFTER
171-SUBMISSION OF THE AP PLICATION; AND
156+ 5. A STORE THAT PRIMARI LY ENGAGES IN THE RE SALE 7
157+OF USED CONSUMER GOO DS. 8
172158
173- (3) AS PART OF THE APPRO VAL PROCESS FOR THE CONDITIONAL USE ,
174-AUTHORIZE THE CONSID ERATION OF WHETHER T HE PROPOSED CONDITIO NAL USE
175-IS LIKELY TO:
159+ (B) THE IN ACCORDANCE WITH §§ 10–201 AND 10–202 OF THIS TITLE AND 9
160+§§ 10–301 AND 10–302 OF THIS SUBTITLE , THE MAYOR AND CITY COUNCIL OF 10
161+BALTIMORE CITY SHALL ENACT PLANNING AND Z ONING CONTROLS THAT : 11
176162
177- (I) HAVE ANY DETRIMENTAL IMPACTS ON THE ECONO MY,
178-DIVERSITY, OR PUBLIC SAFETY OF THE NEIGHBORHOOD WHE RE THE PROPO SED
179-CONDITIONAL USE IS L OCATED;
163+ (1) ESTABLISH A DISPERSA L REGULATION THAT PR OVIDES FOR A 12
164+MINIMUM DISTANCE BET WEEN SMALL BOX DISCO UNT STORES OF 1 MILE; 13
180165
181- (II) HAVE ANY DETRIMENTAL IMPACTS ON EXISTING LOCAL
182-RETAIL AND GROCERY S TORES; OR
166+ (2) ESTABLISH THE DEVELO PMENT OF A SMALL BOX DISCOUNT 14
167+STORE AS A CONDITION AL USE DEPENDENT ON WHETHER THE PROPOSED SMALL 15
168+BOX DISCOUNT STORE I S LIKELY TO HAVE A D ETRIMENTAL IMPACT ON : 16
183169
184- (III) IMPEDE THE ENTRY OR PRESERVATION OF FULL –SERVICE
185-GROCERY STORES ;
186- LAWRENCE J. HOGAN, JR., Governor Ch. 636
170+ (I) EXISTING LOCAL RETAI L AND GROCERY STORES ; AND 17
187171
188-– 5 –
189- (4) (I) ESTABLISH A MECHANIS M FOR THE ADOPTION A ND
190-APPROVAL OF A COMMUN ITY BENEFITS AGREEME NT BETWEEN THE APPLI CANT,
191-ALONG WITH THE OWNER OR OPERATOR OF THE B UILDING IN WHICH THE SMALL
192-BOX DISCOUNT STORE W ILL BE LOCATED IF TH E APPLICANT IS NOT T HE OWNER OR
193-OPERATOR OF THE BUIL DING, AND RECOGNIZED COMMU NITY ASSOCIATIONS;
194-LOCATED WITHIN A 0.5–MILE RADIUS OF THE P ROPOSED SITE ;
172+ (II) THE DEVELOPMEN T OF GROCERY STORES AND OTHER 18
173+STORES OFFERING HEAL THY FOOD OPTIONS ; 19
195174
196- (II) REQUIRE THE APPLICAN T TO:
175+ (3) IMPLEMENT, AS PART OF THE APPRO VAL OF A ZONING PERM IT 20
176+APPLICATION FOR A SM ALL BOX DISCOUNT STO RE, A REQUIREMENT THAT T HE 21
177+APPLICANT, INCLUDING THE OPERAT OR OR OWNER OF THE B UILDING IF THAT 22
178+INDIVIDUAL IS NOT TH E SAME PERSON AS THE OWNER OR OPERATOR OF THE 23
179+PROPOSED SMALL BOX D ISCOUNT STORE , EXECUTE A COMMUNITY AGREEMENT 24
180+WITH THE ADJACENT CO MMUNITIES WITHIN A 0.5–MILE RADIUS OF THE P ROPOSED 25
181+SITE FOR THE SMALL B OX DISCOUNT STORE ; 26
197182
198- 1. ENTER INTO AN APPROV ED COMMUNITY BENEFIT S
199-AGREEMENT IN ACCORDA NCE WITH ITEM (I) OF THIS ITEM; OR
183+ (4) NOTIFY THE ADJACENT C OMMUNITIES WITHIN A 0.5–MILE RADIUS 27
184+OF THE PROPOSED SITE FOR THE SMALL BOX DI SCOUNT STORE OF THE EXISTENCE 28
185+OF A ZONING PERMIT A PPLICATION NOT LATER THAN 15 BUSINESS DAYS AFTER 29
186+SUBMISSION OF THE AP PLICATION; AND 30
200187
201- 2. DEMONSTRATE TO THE BALTIMORE CITY ZONING
202-ADMINISTRATOR THAT TH E APPLICANT HAS USED THE APPLICANT ’S BEST EFFORTS
203-TO NEGOTIATE A COMMU NITY BENEFITS AGREEM ENT IN ACCORDANCE WI TH ITEM
204-(I) OF THIS ITEM; AND
188+ (3) AS PART OF THE APPRO VAL PROCESS FOR THE CONDITIONAL USE , 31
189+AUTHORIZE THE CONSID ERATION OF WHETHER T HE PROPOSED CONDITIO NAL USE 32
190+IS LIKELY TO: 33 SENATE BILL 869 5
205191
206- (III) IF THE BALTIMORE CITY ZONING ADMINISTRATOR
207-DETERMINES THAT THE APPLICANT HAS N OT USED BEST EFFORTS TO NEGOTIATE A
208-COMMUNITY BENEFITS A GREEMENT IN ACCORDAN CE WITH ITEM (II)2 OF THIS ITEM,
209-REQUIRE THAT THE APP LICATION’S APPROVAL BE DELAYE D UNTIL THE APPLICAN T
210-HAS MET EITHER REQUI REMENT OF ITEM (II) OF THIS ITEM;
211192
212- (5) REQUIRE THE NOT ICE OF A ZONING APPL ICATION FOR A SMALL
213-BOX DISCOUNT STORE T O BE GIVEN TO THE RE SIDENTS AND OWNERS O F PROPERTY
214-THAT IS LOCATED WITH IN A 0.5–MILE RADIUS OF THE P ROPOSED SITE :
215193
216- (I) WITHIN 21 BUSINESS DAYS AFTER THE APPLICATION IS
217-FILED; AND
194+ (I) HAVE ANY DETRIMENTAL IMPACTS ON THE ECONO MY, 1
195+DIVERSITY, OR PUBLIC SAFETY OF THE NEIGHBORHOOD WHE RE THE PROPO SED 2
196+CONDITIONAL USE IS L OCATED; 3
218197
219- (II) BEFORE A HEARING ON THE A PPLICATION IS SCHEDU LED;
220-AND
198+ (II) HAVE ANY DETRIMENTAL IMPACTS ON EXISTING LOCAL 4
199+RETAIL AND GROCERY S TORES; OR 5
221200
222- (5) (6) ESTABLISH A MECHANIS M FOR THE ENFORCEMEN T OF
223-COMMUNITY BENEFITS AGREEMENTS EXECUTED UNDER ITEM (3) APPROVED IN
224-ACCORDANCE WITH ITEM (4) OF THIS SUBSECTION .
201+ (III) IMPEDE THE ENTRY OR PRESERVATION OF FULL –SERVICE 6
202+GROCERY STORES ; 7
225203
226- (C) A REGULATION ESTABLISH ED IN ACCORDANCE WITH SUBS ECTION
227-(B)(1) OF THIS SECTION SHAL L APPLY TO PERMITS F OR ALL USES, STRUCTURES,
228-BUILDING ALTERATIONS , OR SITE MODIFICATION S.
204+ (4) (I) ESTABLISH A MECHANIS M FOR THE ADOPTION A ND 8
205+APPROVAL OF A COMMUNITY BEN EFITS AGREEMENT BETW EEN THE APPLICANT , 9
206+ALONG WITH THE OWNER OR OPERATOR OF THE B UILDING IN WHICH THE SMALL 10
207+BOX DISCOUNT STORE W ILL BE LOCATED IF TH E APPLICANT IS NOT T HE OWNER OR 11
208+OPERATOR OF THE BUIL DING, AND RECOGNIZED COMMU NITY ASSOCI ATIONS 12
209+LOCATED WITHIN A 0.5–MILE RADIUS OF THE P ROPOSED SITE; 13
229210
230- SECTION 2. AND BE IT FURTHER ENACTED, That Baltimore City shall
231-implement the provisions of Section 1 of this Act on or before September 1, 2022.
232- Ch. 636 2022 LAWS OF MARYLAND
211+ (II) REQUIRE THE APPLICAN T TO: 14
233212
234-– 6 –
235- SECTION 3. AND BE IT FURTHER ENACTED, That a small box discount store in
236-Baltimore City that is in existence or that has received all necessary zoning permits before
237-the implementation of the provisions of Section 1 of this Act shall execute a community
238-agreement with the adjacent communities within a 0.5–mile radius of the small box
239-discount store not later than 60 days after the implementation of the provisions of Section
240-1 of this Act.
213+ 1. ENTER INTO AN APPROV ED COMMUNITY BENEFIT S 15
214+AGREEMENT IN ACCORDA NCE WITH ITEM (I) OF THIS ITEM; OR 16
241215
242- SECTION 2. AND BE IT FURTHER ENACTED, That:
216+ 2. DEMONSTRATE TO THE BALTIMORE CITY ZONING 17
217+ADMINISTRATOR THAT THE A PPLICANT HAS USED TH E APPLICANT’S BEST EFFORTS 18
218+TO NEGOTIATE A COMMU NITY BENEFITS AGREEM ENT IN ACCORDANCE WI TH ITEM 19
219+(I) OF THIS ITEM; AND 20
243220
244- (a) The Baltimore City Planning Department Mayor and City Council of
245-Baltimore City shall conduct a comprehensive small box discount store diversity study.
221+ (III) IF THE BALTIMORE CITY ZONING ADMINISTRATOR 21
222+DETERMINES THAT THE APPLICANT HAS NOT US ED BEST EFFORTS TO NEGO TIATE A 22
223+COMMUNITY BENEFITS A GREEMENT IN ACCORDAN CE WITH ITEM (II)2 OF THIS ITEM, 23
224+REQUIRE THAT THE APP LICATION’S APPROVAL BE DELAYE D UNTIL THE APPLICAN T 24
225+HAS MET EITHER REQUI REMENT OF ITEM (II) OF THIS ITEM; 25
246226
247- (b) The study shall:
227+ (5) REQUIRE THE NOTICE O F A ZONING APPLICATION F OR A SMALL 26
228+BOX DISCOUNT STORE T O BE GIVEN TO THE RE SIDENTS AND OWNERS O F PROPERTY 27
229+THAT IS LOCATED WITH IN A 0.5–MILE RADIUS OF THE P ROPOSED SITE: 28
248230
249- (1) be completed by a qualified analyst selected by the Planning
250-Department Mayor and City Council; and
231+ (I) WITHIN 21 BUSINESS DAYS AFTER THE APPLICATION IS 29
232+FILED; AND 30
251233
252- (2) appropriately classify, define, and regulate small box discount stores
253-along a number of economic, demographic, and public health dimensions, including:
234+ (II) BEFORE A HEARING ON THE APPLI CATION IS SCHEDULED ; 31
235+AND 32
236+ 6 SENATE BILL 869
254237
255- (i) a list of the number and distribution of small box discount stores
256-in Baltimore City;
257238
258- (ii) a description of the environmental, public safety, and economic
259-impact of a representative sample of existing stores; and
239+ (5) (6) ESTABLISH A MECHANIS M FOR THE ENFORCEMEN T OF 1
240+COMMUNITY BENEFITS AGREEMENTS EXECUTED UNDER ITEM (3) APPROVED IN 2
241+ACCORDANCE WITH ITEM (4) OF THIS SUBSECTION . 3
260242
261- (iii) recommendations for changes to the establishment of small box
262-discount stores as a conditional use, including restrictions, standards, enforcement
263-procedures, and regulations.
243+ (C) A REGULATION ESTABLISH ED IN ACCORDANC E WITH SUBSECTION 4
244+(B)(1) OF THIS SECTION SHAL L APPLY TO PERMITS F OR ALL USES, STRUCTURES , 5
245+BUILDING ALTERATIONS , OR SITE MODIFICATION S. 6
264246
265- (c) The Planning Department Mayor and City Council shall hold stakeholder
266-meetings and solicit public comments on the study.
247+ SECTION 2. AND BE IT FURTHER ENACTED, That Baltimore City shall 7
248+implement the provisions of Section 1 of this Act on or before September 1, 2022. 8
267249
268- (d) On or before November 30, 2022, the Planning Department Mayor and City
269-Council shall report its findings and recommendations to the Mayor and City Council of
270-Baltimore City and the members of the Baltimore City House and Senate delegations to
271-the General Assembly, in accordance with § 2–1257 of State Government Article.
250+ SECTION 3. AND BE IT FURTHER ENACTED, That a small box discount store in 9
251+Baltimore City that is in existence or that has received all necessary zoning permits before 10
252+the implementation of the provisions of Section 1 of this Act shall execute a community 11
253+agreement with the adjacent communities within a 0.5–mile radius of the small box 12
254+discount store not later than 60 days after the implementation of the provisions of Section 13
255+1 of this Act. 14
272256
273- SECTION 3. AND BE IT FURTHER ENACTED, That, on or before September 1,
274-2022, the Mayor and City Council of Baltimore City shall report to the members of the
275-Baltimore City House and Senate delegations to the General Assembly, in accordance with
276-§ 2–1257 of the State Government Article, on the implementation of the provisions of
277-Section 1 of this Act.
257+ SECTION 2. AND BE IT FURTHER ENACTE D, That: 15
278258
279- SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect June
280-July 1, 2022. LAWRENCE J. HOGAN, JR., Governor Ch. 636
259+ (a) The Baltimore City Planning Department shall conduct a comprehensive 16
260+small box discount store diversity study. 17
281261
282-– 7 –
262+ (b) The study shall: 18
283263
284-Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.
264+ (1) be completed by a qualified analyst selected by the Planning 19
265+Department; and 20
266+
267+ (2) appropriately classify, define, and regulate small box discount stores 21
268+along a number of economic, demographic, and public health dimensions, including: 22
269+
270+ (i) a list of the number and distribution of small box discount stores 23
271+in Baltimore City; 24
272+
273+ (ii) a description of the environmental, public safety, and economic 25
274+impact of a representative sample of existing stores; and 26
275+
276+ (iii) recommendations for changes to the establishment of small box 27
277+discount stores as a conditional use, including restrictions, standards, enforcement 28
278+procedures, and regulations. 29
279+
280+ (c) The Planning Department shall hold stakeholder meetings and solicit public 30
281+comments on the study. 31
282+
283+ (d) On or before November 30, 2022, the Planning Department shall report its 32
284+findings and recommendations to the Mayor and City Council of Baltimore City and the 33 SENATE BILL 869 7
285+
286+
287+members of the Baltimore City House and Senate delegations to the General Assembly, in 1
288+accordance with § 2–1257 of State Government Article. 2
289+
290+ SECTION 3. AND BE IT FURTHER ENACTED, That, on or before Septem ber 1, 3
291+2022, the Mayor and City Council of Baltimore City shall report to the members of the 4
292+Baltimore City House and Senate delegations to the General Assembly, in accordance with 5
293+§ 2–1257 of the State Government Article, on the implementation of the provisions of 6
294+Section 1 of this Act. 7
295+
296+ SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect June 8
297+July 1, 2022. 9
298+
299+
300+
301+
302+Approved:
303+________________________________________________________________________________
304+ Governor.
305+________________________________________________________________________________
306+ President of the Senate.
307+________________________________________________________________________________
308+ Speaker of the House of Delegates.