ORDINANCE NO. 1895
AN ORDINANCE OF THE MAYOR AND THE COUNCIL OF THE CITY OF SALISBURY, MARYLAND PURSUANT TO CHAPTER 17.228 OF TITLE 17, ZONING, OF THE SALISBURY MUNICIPAL CODE, AND SECTION 4.04 OF ARTICLE 66B OF THE ANNOTATED CODE OF MARYLAND, FOR THE PURPOSE OF AMENDING CHAPTER 17.04.120, DEFINITIONS, TO AMEND THE DEFINITION OF A “FAMILY”.
WHEREAS, the ongoing application, administration, and enforcement of Title 17, Zoning, of the Salisbury Municipal Code, demonstrates a need for its periodic review, evaluation, and amendment that will keep Title 17 current; and,
WHEREAS, the Mayor and City Council may amend Title 17, Zoning, of the Salisbury Municipal Code pursuant to the authority granted by Article 66B of the Maryland Annotated Code and in accordance with specific provisions of Chapter 17.228, Amendments and Rezoning of Title 17, Zoning; and,
WHEREAS, the Mayor and City Council have requested that the Salisbury Planning and Zoning Commission periodically review Title 17 in light of existing development trends and practices and current City development policies as well as to review all individual amendment requests from private citizens;
WHEREAS, a Public Hearing on said text amendment to the Definition of a “Family”, Section 17.04.120 Title 17, Zoning, of the Salisbury Municipal Code was held by the Planning Commission in accordance with the provisions of Chapter 17.228, of Title 17, Zoning, of the Salisbury Municipal Code on May 15 and July 18, 2003; and,
WHEREAS, the Planning Commission did recommend approval of the proposed text change at a Public Hearing on July 18, 2003;
NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE COUNCIL OF THE CITY OF SALISBURY, MARYLAND, that Chapter 17.04 of Title 17, Zoning, of the Salisbury Municipal Code are hereby amended by adding the wording in bold print as follows:
AMEND SECTION 17.04.120, DEFINITIONS, BY AMENDING THE DEFINITION OF “FAMILY” AS FOLLOWS:
RENUMBER EXISTING PARAGRAPH I.B.1.) AS I.B.1 (a) AND CREATE A NEW SECTION NUMBERED I.B.1 (b) AS FOLLOWS:
“Family”:
I. B 1.) (b.) THE FOLLOWING LOTS ARE EXEMPT FROM THE OCCUPANCY RESTRICTION SET FORTH IN PARAGRAPH (a) ABOVE: ALL DWELLING UNITS SHOWN ON AN APPROVED FINAL COMPREHENSIVE DEVELOPMENT PLAN; AND WHERE THE TOTAL LAND AREA SHOWN THEREON IS SUBJECT TO A SPECIAL EXCEPTION GRANTED BY THE BOARD OF ZONING APPEALS PRIOR TO DECEMBER 23, 2002; AND FOR WHICH THE DIRECTOR OF BUILDING, HOUSING, AND ZONING HAS DETERMINED THAT THE UNITS WERE PROPOSED AND CONSTRUCTED PRIMARILY FOR STUDENT HOUSING.
AND BE IT FURTHER ENACTED AND ORDAINED BY THE COUNCIL OF THE CITY OF SALISBURY, MARYLAND, that this Ordinance shall take effect from and after the date of its final passage but in no event until ten (10) days after the date of the Council’s Public Hearing, and,
THE ABOVE ORDINANCE was introduced at a meeting of the Council on the 26th day of January, 2004, and having been published as required by law, in the meantime, was finally passed at its meeting on the ___ day of ______, 2004.
____________________________
Michael H. Day
Vice President of the City Council of
the City of Salisbury
Approved by me this _____ Witness:
day of ____________, 2004.
___________________________ __________________________
Barrie Parsons Tilghman Brenda J. Colegrove
Mayor of Salisbury City Clerk