§ 10-306

Maryland § 10-306

• Jurisdiction: Maryland
• Article glu: Land Use
• Title: 10

Text

(a) (1) In this section the following words have the meanings indicated.

(2) “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.

(3) “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.

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

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

(6) (i) “Small box discount store” means a retail store that has a floor area of more than 5,000 square feet and less than 12,000 square feet and that offers for sale:

1. a combination and variety of convenience shopping goods and consumer shopping goods; and

2. the majority of the items in the inventory at a price not to exceed $5.

(ii) “Small box discount store” does not include:

1. a grocery store;

2. a store that contains a pharmacy where prescription drugs are compounded, dispensed, or distributed;

3. a store that offers for sale gasoline, diesel fuel, or on–site electric charging capabilities for vehicles;

4. a retail store where the majority of the products sold are personal hygiene products or cosmetics; or

5. a store that primarily engages in the resale of used consumer goods.

(b) In accordance with §§ 10–201 and 10–202 of this title and §§ 10–301 and 10–302 of this subtitle, the Mayor and City Council of Baltimore City may enact planning and zoning controls that:

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

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

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

(i) have any detrimental impacts on the economy, diversity, or public safety of the neighborhood where the proposed conditional use is located;

(ii) have any detrimental impacts on existing local retail and grocery stores; or

(iii) impede the entry or preservation of full–service grocery stores;

(4) 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;

(5) 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

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