Title 4
Development Reviews
Subtitle 1
Purpose of Title
§ 4-101. Purpose.
The purpose of this title is to delineate:
(1) which development permits require review and approval by the Director of Planning; and
(2) the standards applicable to those reviews and approvals.
Subtitle 2
Site Plan Review
§ 4-201. Purpose.
(a) Intent – Guidance, interagency review, and ensuring compliance.
Site plan review is intended:
(1) to provide guidance to the applicant early in the design process;
(2) to provide for interagency review; and
(3) to ensure that the proposed development complies with this Code, the Subdivision Rules and Regulations, the Site Plan Review Manual, the Building, Fire and Related Codes, and other applicable guidelines and requirements.
(b) Intent – Safe and functional, etc., development.
The recommendations of site plan review are intended to ensure safe, functional, efficient, and orderly development with high standards of design.
(c) General purposes.
In general, the purpose of the site plan review process is to:
(1) protect public health, safety, and welfare;
(2) minimize adverse effects upon pedestrian and vehicular traffic;
(3) ensure the design is safe, environmentally sound, aesthetically responsive, and protects properties, streets, and rights-of-way in the immediate vicinity, and the general public;
(4) ensure compliance with the Comprehensive Master Plan and this Code; and
(5) provide a consistent and uniform method of review.
§ 4-202. Site Plan Review Manual.
(a) In general.
The Planning Commission must develop and may revise from time to time a Site Plan Review Manual that sets forth standards and procedures for site plan review in accordance with this Code.
(b) Requisites for effectiveness.
This Manual and any revisions of it may take effect only after:
(1) Planning Commission approval at a public session;
(2) filing with the Department of Legislative Reference; and
(3) posting on the City website.
§ 4-203. Applicability.
Site plan review is required for the following types of development applications:
(1) new construction that involves any of the following:
(i) any proposed development over 15,000 square feet of gross floor area;
(ii) developments with multiple structures on a single lot, excluding accessory structures; and
(iii) all multi-tenant commercial development, including mixed-use development;
(2) subdivision of land;
(3) additions or structural alterations to an existing structure, other than a single-family detached or semi-detached dwelling, that results in a 50% increase in gross floor area over the gross floor area of the existing structure prior to the addition or alteration;
(4) planned unit development;
(5) conditional use, unless the conditional use can and will be fully contained within an existing structure;
(6) parking lot or structures containing 5 or more motor vehicle parking spaces;
(7) any development within an environmentally sensitive area, including projects in a Floodplain District and projects within the Buffer of the Critical Area (see Subtitle 3 {"Environmentally Sensitive Areas Review"} of this title);
(8) urban agriculture or community-managed open-space farm; and
(9) any development within the C-5-IH Subdistrict.
§ 4-204. Approval prerequisite to permit.
(a) In general.
Site plan approval is required before any permits may be issued for any development to which § 4-203 {"Applicability"} of this subtitle applies.
(b) Required for plan change; Time lapse.
Site plan approval is also required if:
(1) no permits have been issued; and
(2) either:
(i) a final approved site plan has been changed; or
(ii) more than 1 year has passed since final approval.
§ 4-205. Submittal requirements.
Submittal requirements for site plan review are as found in:
(1) the Site Plan Review Manual; and
(2) for environmentally sensitive areas, in Subtitle 3 {"Environmentally Sensitive Areas Review"} of this title.
§ 4-206. Procedures.
The Director of Planning must review the project in accordance with the procedures found in the Site Plan Review Manual.
§ 4-207. Review standards.
Site plan review standards are as found in:
(1) the Site Plan Review Manual; and
(2) for environmentally sensitive areas, in Subtitle 3 {"Environmentally Sensitive Areas Review"} of this title.
§ 4-208. Administrative appeals.
(a) Appeal to Commission.
An applicant who is aggrieved by the final site plan decision of the Director of Planning may appeal that decision to the Planning Commission.
(b) When filed.
Appeals must be filed within 30 days of the Planning Director's final decision on the site plan.
(c) Hearing.
The Planning Commission must review the Director's decision at a public hearing held within 45 days of receiving the appeal.
Subtitle 3
Environmentally Sensitive Areas Review
§ 4-301. Purpose.
The purpose of the environmentally sensitive areas development review process is to:
(1) identify, prioritize, and protect environmentally sensitive areas during the initial stages of the development review process;
(2) ensure that the disturbance, protection, and restoration of environmentally sensitive areas are in accordance with all applicable federal, state, and local environmental regulations;
(3) establish levels of protection for environmentally sensitive areas that vary with the priority ranking of each feature or combination of features;
(4) guide site development so that negative impacts to the environmentally sensitive areas are avoided or minimized to the greatest extent possible;
(5) encourage the use of innovative development techniques and provide flexibility in the planning process to protect the environment;
(6) establish levels of protection for existing sensitive areas and institute requirements for the restoration of sensitive areas found to be prematurely destroyed or altered; and
(7) protect the development from forces of nature.
§ 4-302. Applicability.
(a) Adjacent lands.
In determining whether a proposed development contains environmentally sensitive areas all adjacent lands under the same ownership or control must be considered.
(b) Areas subject to process.
If a site plan contains any environmentally sensitive area, it is subject to the environmentally sensitive areas development review process.
§ 4-303. Approval prerequisite to permit.
Environmentally sensitive areas review is required before any permits may be issued for any development to which § 4-302 {"Applicability"} of this subtitle applies.
§ 4-304. Submittal requirements.
The presence or absence of environmentally sensitive areas must be documented on an existing conditions plan, to be submitted as part of site plan review. Existing environmentally sensitive areas must be shown on the existing conditions plan.
§ 4-305. Review standards.
(a) Compliance with environmental regulations.
The Director of Planning must review the project for compliance with environmental regulations.
(b) Regulations listing.
Applicable regulations include:
(1) Floodplains: City Code Article 7, Division I {"Floodplain Management"};
(2) Chesapeake Bay Critical Area: Title 7, Subtitle 4, of this Code;
(3) Forest Conservation: City Code Article 7, Division IV {"Forest and Tree Conservation"}; and
(4) Significant Trees and Specimen Trees: Sites not required to comply with Forest Conservation regulations must protect these trees as required by the Baltimore City Landscape Manual.
§ 4-306. Administrative appeals.
(a) Appeal to Commission.
An applicant who is aggrieved by the final decision of the Director of Planning may appeal that decision to the Planning Commission.
(b) When filed.
Appeals must be filed within 30 days of the Planning Director's final decision on the environmentally sensitive areas review.
(c) Hearing.
The Planning Commission must review the Director's decision at a public hearing held within 45 days of receiving the appeal.
Subtitle 4
Design Review
§ 4-401. Purpose.
Design review is intended to provide a procedure to ensure that certain development proposals comply with the design standards established under this Code.
§ 4-402. Design Manual.
The Planning Commission must develop and may revise from time to time a Design Manual that sets forth required design standards in accordance with the goals and objectives set forth in this subtitle.
§ 4-403. Goals.
The goals governing development of the Design Manual are:
(1) to enhance the quality of the City's built environment, architectural character, and sense of place;
(2) to foster economic vitality of the City's neighborhoods and commercial districts;
(3) to enhance the overall urban design of Baltimore's neighborhoods; and
(4) to enhance the quality of life of City residents with development that is sensitive to its context and adjacencies in the public realm.
§ 4-404. Objectives.
The objectives governing development of the Design Manual are:
(1) to provide clear guidance for the design of residential, commercial, and mixed use development throughout the City;
(2) to facilitate the process for design review and approval of structures within the City's development review process;
(3) to ensure that the public realm is as thoroughly considered and articulated as principal structures;
(4) to articulate spatial relationships, provide image, develop sense of place, and improve the aesthetics of the built environment; and
(5) to provide flexibility and encourage creative solutions to meet the intents and purposes of the Design Manual.
§ 4-405. Applicability.
(a) In general.
Except as provided in subsection (b) of this section, design review is required for the following types of development:
(1) new construction of dwellings, excluding additions;
(2) new construction of rowhouses;
(3) upper floor additions and roof decks on existing rowhouses;
(4) deck, porch, and balcony additions on street-front facades;
(5) when exterior modifications are proposed for residential conversions in the R-7, R-8, R-9, and R-10 Districts;
(6) the establishment of a non-residential use within the R-MU Overlay District;
(7) all new construction and additions in the C-5 District;
(8) all substantial modifications of the facade of a structure in the C-5 District;
(9) planned unit development;
(10) any sign that is conditional on Board of Municipal and Zoning Appeals approval, but without regard to its copy or message;
(11) any painted/mural sign, but without regard to its copy or message;
(12) any sign over 100 square feet in area;
(13) any electronic sign, freestanding sign, or roof sign, but without regard to its copy or message;
(14) any freestanding sign in the C-5 or PC District, and any banner sign, projecting sign, or
wall sign above the ground floor in the C-5 or PC District, but without regard to its copy
or message;
(15) any Signage Plan and any sign, but without regard to its copy or message, within an Area of Special Sign Control; and
(16) any new construction that involves:
(i) a proposed development over 15,000 square feet;
(ii) a multi-tenant commercial development, including mixed-use development;
(iii) alteration to a street-front facade in a C-1 District; or
(iv) construction in a TOD District or in the W Overlay District.
(b) Exception.
Design review is not required for development projects that are subject to review by the Commission for Historical and Architectural Preservation.
§ 4-406. Approval prerequisite to permit.
Design review approval is required before any permits may be issued for any development to which § 4-405{"Applicability"} of this subtitle applies.
§ 4-407. Submittal requirements.
Submittal requirements for design review are:
(1) as provided in § 5-201 {"Filing"} of this Code; and
(2) as required by the Director of Planning.
§ 4-408. Procedures.
(a) Director to review.
Once it is determined that an application is subject to design review, the Director of Planning must review the project for compliance with the design standards of this Code.
(b) Time for completion.
(1) Design review must be completed within 15 days of receipt of a complete application.
(2) If, in the Director's judgment, the application does not contain sufficient information to complete design review, the Director of Planning may request additional information from the applicant. In that event, the 15-day period will be suspended pending receipt of all requested information. A decision must be rendered within 15 days of receipt of the additional information.
§ 4-409. Administrative exceptions.
(a) Purpose and applicability.
(1) This Code recognizes that the design standards cannot address every anticipated architectural design element of a development. Accordingly, an administrative exception to the design standards of the district may be requested during the design review process.
(2) This administrative exception allows the Director of Planning to approve exceptions to the design standards within each of the districts.
(b) Authority.
(1) The Director of Planning may approve an administrative exception in cases where the proposed architectural design of a structure meets the intent of the design review provisions but fails to meet 1 or more specific design standards.
(2) The Director of Planning may not approve any administrative or other exception for any of the use, bulk, or yard standards of the zoning district.
(c) Standard for exceptions.
In order to approve an administrative exception, the Director of Planning must find that:
(1) the administrative exception is generally compatible with the intent of the design standards and the area of the development; and
(2) the design integrity and details of the building are acceptable within the context of a specific site and need not be achieved through a strict response to the details of the design standards contained in this Code.
§ 4-410. Administrative appeals.
(a) Appeal to Commission.
An applicant who is aggrieved by the final design review decision of the Director of Planning may appeal that decision to the Planning Commission.
(b) When filed.
Appeals must be filed within 30 days of the Planning Director's final decision on the design review.
(c) Hearing.
The Planning Commission must review the decision at a public hearing held within 45 days of receiving the appeal.
Subtitle 5
Landscape Review
§ 4-501. Purpose.
Landscape review is intended to provide a procedure to ensure that certain development proposals comply with landscaping and screening standards of this Code.
§ 4-502. Landscape Manual.
The Planning Commission must develop and may revise from time to time a Landscape Manual that sets forth the required design, review, approval, installation, and maintenance of landscape in accordance with the goals and objectives set forth in this subtitle.
§ 4-503. Goals.
The goals governing development of the Landscape Manual are:
(1) to improve and increase the City's environmental quality and green infrastructure network;
(2) to preserve and enhance the City's character and sense of place;
(3) to foster the economic vitality of the City's neighborhoods and commercial districts;
(4) to provide a clear process for the design, review, and approval of landscape plans within the City's development review process; and
(5) to promote the long-term health and maintenance of the City's landscape and tree canopy.
§ 4-504. Objectives – Environmental.
The environmental objectives governing development of the Landscape Manual are:
(1) to foster environmentally sensitive site design that preserves natural vegetation and landforms when appropriate; and
(2) to complement the built environment through planting that:
(i) improves water quality and reduces stormwater run-off;
(ii) reduces soil erosion;
(iii) increases the City's tree canopy;
(iv) promotes biodiversity; and
(v) helps to mitigate the urban heat island effect.
§ 4-505. Objectives – Character and sense of place.
The character-and-sense-of-place objectives governing development of the Landscape Manual are:
(1) to articulate spatial relationships, provide image, develop sense of place, and improve the aesthetics of the built environment;
(2) to enhance the quality of life of residents through planting that provides comfortable outdoor spaces for people to occupy;
(3) to create pedestrian and bicycle-friendly environments; and
(4) to provide visual screens, buffers, and shade that:
(i) diminish undesirable views;
(ii) reduce glare, noise, and heat; and
(iii) mitigate the impacts of intensive uses.
§ 4-506. Objectives – Economic.
The economic objectives governing development of the Landscape Manual are:
(1) to provide landscape design that is functional, cost effective, and sound; and
(2) to create environments that are safe for residents and visitors and deterrents to potential criminals.
§ 4-507. Objectives – Landscape installation and maintenance.
The landscape-installation-and-maintenance objectives governing development of the Landscape Manual are
(1) to ensure that landscape is installed and maintained in conformance with approved landscape plans;
(2) to ensure that landscape is installed and maintained in a manner that will promote the proper health, function, and appearance of the landscape; and
(3) to encourage the use of sustainable landscape construction and maintenance techniques that support the goals established by the Baltimore Sustainability Plan.
§ 4-508. Review process.
The Landscape Manual must provide for a review process that:
(1) integrates the preparation, review, and approval of landscape plans into the City process for development review and approval;
(2) coordinates landscape requirements with related regulations, including those for forest conservation, stormwater management, green building standards, and the Chesapeake Bay Critical Area; and
(3) allows flexibility and encourages creative solutions to meet the goals and objectives of the Landscape Manual.
§ 4-509. Applicability.
Landscape review is required for the types of development specified in the Landscape Manual.
§ 4-510. Approval prerequisite to permit.
Landscape review approval is required before any permits may be issued for any development to which § 4-509 {"Applicability"} of this subtitle applies.
§ 4-511. Submittal requirements.
Submittal requirements for landscape review are as found in the Landscape Manual.
§ 4-512. Procedures.
The Director of Planning must review the project in accordance with the procedures found in the Landscape Manual.
§ 4-513. Review standards.
Landscape review standards are as found in the Landscape Manual.
§ 4-514. Administrative appeals.
(a) Appeal to Commission.
An applicant who is aggrieved by the final landscape review decision of the Director of Planning may appeal that decision to the Planning Commission.
(b) When filed.
Appeals must be filed within 30 days of the Planning Director's final decision on the landscape review.
(c) Hearing.
The Planning Commission must review the decision at a public hearing held within 45 days of receiving the appeal.