§ 5-508. Approval standards.

(a) In general.

Legislative authorizations must be evaluated by the Planning Commission and the City Council in accordance with the standards set forth in this section.

(b) Map amendments.

(1) Required findings.

As required by the State Land Use Article, the City Council may approve the legislative authorization based on a finding that there was either:

(i) a substantial change in the character of the neighborhood where the property is located; or

(ii) a mistake in the existing zoning classification.

(2) Required findings of fact.

In making the determination required by subsection (b)(1) of this section, the City Council must also make findings of fact that address:

(i) population changes;

(ii) the availability of public facilities;

(iii) present and future transportation patterns;

(iv) compatibility with existing and proposed development for the area;

(v) the recommendations of the City agencies and officials; and

(vi) the proposed amendment's consistency with the City's Comprehensive Master Plan.

(3) Additional standards – General.

Additional standards that must be considered for map amendments are:

(i) existing uses of property within the general area of the property in question;

(ii) the zoning classification of other property within the general area of the property in question;

(iii) the suitability of the property in question for the uses permitted under its existing zoning classification; and

(iv) the trend of development, if any, in the general area of the property in question, including changes, if any, that have taken place since the property in question was placed in its present zoning classification.

(4) Additional standards – Rezoning from MI District.

(i) To rezone land from the Maritime Industrial ("MI") District to any other zoning district, the Planning Commission must find that the proposed amendment:

(A) is consistent with the most current Baltimore City Comprehensive Master Plan;

(B) sustains or enhances transportation access into and out of the Port of Baltimore;

(C) ensures the long-term preservation of the deep water assets of the Port of Baltimore for maritime industrial use;

(D) protects maritime industrial land uses from the intrusion of non- industrial uses;

(E) sustains or enhances the current and future maritime industrial economic development growth in the District;

(F) establishes an adequate physical separation that will buffer non-industrial land uses from maritime industrial uses; and

(G) adheres with federal and state laws regarding homeland security, generally, and port safety, specifically.

(ii) If an application is filed to rezone property from the Maritime Industrial District, the Director of Planning must notify the Maryland Port Administration and any adjacent property owners of the application. At least 30 days before the Planning Commission hearings on the application, the Director of Planning must seek an opinion from the Maryland Port Administration on the application of the criteria listed in subparagraph (i) of this paragraph.

(c) Text amendments.

Standards that must be considered for text amendments are:

(1) the amendment's consistency with the City's Comprehensive Master Plan;

(2) whether the amendment would promote the public health, safety, and welfare;

(3) the amendment's consistency with the intent and general regulations of this Code;

(4) whether the amendment would correct an error or omission, clarify existing requirements, or effect a change in policy; and

(5) the extent to which the amendment would create nonconformities.