A party aggrieved by a final decision of the Board of Municipal and Zoning Appeals under § 2B- 51 {"Administrative appeals"} of this subtitle may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure.
A party to the judicial review may appeal the court's final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure.
(Ord. 24-308 Section 1 .)
Prior Codifications
Article 13, § 2B-72
Editor's Notes
Ordinance 07-474 contained the following special provisions dealing with the applicability / effectiveness of various provisions
Section 2. That, within 120 days of the effective date of this Ordinance, the Commissioner of Housing and Community Development shall adopt rules and regulations to implement this Ordinance.
Section 5. That Article 13, § 2B-21 {“Projects receiving major public subsidy”} ... does not apply if the subsidy in question:
(1) is a transfer of land for which the request for proposals, invitation to bid, or similar document was issued before the adoption of rules and regulations to implement this Ordinance;
(2) is a payment in lieu of taxes or tax increment financing for which the authorizing legislation was introduced before the adoption of rules and regulations to implement this Ordinance; or
(3) is a grant or loan for which the notice of funding availability or similar notice was published before the adoption of rules and regulations to implement this Ordinance.
Section 6. That Article 13, § 2B-22 {“ Project benefitting from significant land use authorization or rezoning”} ... does not apply if:
(1) the significant land use authorization or rezoning in question was approved within 18 months after the effective date of this Ordinance; or
(2) the development has had a Pre-Development Meeting with the Department of Planning before the adoption of rules and regulations to implement this Ordinance.
Section 7. That:
(a) (1) Article 13, § 2B-23 {"Other projects – 30 or more units} and § 2B-24 {"Other projects – Less than 30 units"}, as enacted by this Ordinance, do not take effect until 120 days after the Housing Commissioner certifies that, in the previous year, ¾ of arms-length home sales (excluding homes sold for minimal sales price) had a sales price greater than the level affordable to a household at 80% AMI.
(2) Within 60 days of the end of the calendar year, the Commissioner shall publish this certification online and by report to the City Council and the Inclusionary Housing Board.
(3) For the first calendar year after the effective date of this Ordinance "minimal sales price" means $50,000. The "minimal sales price" may be adjusted by the Commissioner in subsequent years to a larger amount that corresponds to the average sales price of homes requiring major rehabilitation to be habitable. This adjustment will be made according to methodology determined and published by the Commissioner.
(b) Article 13, § 2B-23 {"Other projects – 30 or more units} and § 2B-24 {"Other projects – Less than 30 units"}, as enacted by this Ordinance, do not apply to any development that has had a Pre-Development Meeting with the Department of Planning before:
(1) the taking effect of those sections; or
(2) the adoption of rules and regulations to implement this Ordinance.
