Designation of Preservation Districts and Conservation Districts

Baltimore City Code art. 6, subtit. 3

in effect

Baltimore City Code, Article 6, § 3-1 Ordinance and findings required.

§ 3-1. Ordinance and findings required. (a) Ordinance required. An ordinance of the Mayor and City Council is required to: (1) designate any area as a Historical and Architectural Preservation District; (2) designate any area as a Historical Conservation District; (3) modify the boundary lines of an existing Historical and Architectural Preservation District; or (4) modify the boundary lines of an existing Historical Conservation District. (b) Findings of fact. The ordinance must be supported by written findings of fact that the proposed Preservation District or Conservation District and its boundaries will comply with: (1) the requirements for Local Government Certification under the National Historic Preservation Act (16 U.S.C., Chapter 1A, Subchapter II); (2) the Secretary of the Interior’s Standards for Identification and Registration; and (3) the Commission’s own Historic Preservation Procedures and Guidelines. (Ord. 25-045 Section 1; Ord. 15-408; Ord. 04-672; Ord. 99-547; Ord. 76-022; Ord. 67-939; Ord. 64-229.)

Baltimore City Code, Article 6, § 3-2 Initial study and proposal by CHAP.

§ 3-2. Initial study and proposal by CHAP. (a) In general. After undertaking a full and proper study, the Commission for Historical and Architectural Preservation may propose as a Historical and Architectural Preservation District or as a Historical Conservation District any area in Baltimore City within which are located structures that have historical or architectural value, the preservation of which is considered to be for the educational, cultural, economic, and general welfare of the public. (b) Historical Conservation District For a Historical Conservation District, the study shall include consideration of those alterations in which CHAP has design review authority pursuant to City Code Article 6, Subtitle 8 {“Alterations, etc., to or Affecting Properties”}. (Ord. 25-045 Section 1; Ord. 15-408; Ord. 07-550; Ord. 99-547; Ord. 76-022; Ord. 67-939; Ord. 64-229.)

Baltimore City Code, Article 6, § 3-3 CHAP to prepare proposed ordinance and findings.

§ 3-3. CHAP to prepare proposed ordinance and findings. In support of its proposed designation of an area, the Commission must: (1) prepare a proposed ordinance that sets forth the boundary lines of the area being proposed for designation; (2) prepare and adopt written findings of fact that include, at a minimum, the specific findings required by § 3-1(b) {“Ordinance ... required: Findings of fact”} of this subtitle; and (3) request that its proposed ordinance and accompanying findings of fact be introduced into the City Council for appropriate action. (Ord. 15-408; Ord. 99-547; Ord. 67-939; Ord. 64-229.)

Baltimore City Code, Article 6, § 3-4 {Reserved}

Baltimore City Code, Article 6, § 3-5 Council action – Agency referrals.

§ 3-5. Council action – Agency referrals. (a) Required referrals. (1) The provisions of this subsection apply to an ordinance proposing any of the following: (i) designating a Historical and Architectural Preservation District or Historical Conservation District; (ii) modifying the boundaries of an existing Historical and Architectural Preservation District or Historical Conservation District. (2) An ordinance proposing one of the actions listed in paragraph (1) of this subsection shall be referred by the City Council to the following for a written report and recommendation: (i) the Commission for Historical and Architectural Preservation; (ii) the Planning Commission; and (iii) any other agency that the Council President designates. (b) Reports, etc., prerequisite to second reading. The City Council may not place the bill on the Council’s second reading calendar until the Commission for Historical and Architectural Preservation and the Planning Commission: (1) submit their reports and recommendations to the Council; or (2) fail to do so within 100 days of the referral. (Ord. 25-045 Section 1; Ord. 15-408.)

Baltimore City Code, Article 6, § 3-6 Council action – Public notice and hearing.

§ 3-6. Council action – Public notice and hearing. (a) Hearing required. The City Council may not place the bill on its second reading calendar until the Council committee to which the bill is assigned has conducted a public hearing at which parties in interest and the general public are afforded an opportunity to be heard on the bill. (b) Notice required. Notice of the hearing must be given as follows: (1) by posting in conspicuous places, as the Department of Planning designates, within and around the following, as the case may be: (i) the perimeter of the proposed new District; or (ii) the perimeter of any area proposed to be added to or removed from an existing district; and (2) by first-class mail to each person who appears on the tax records of the City as an owner of property within the following, as the case may be: (i) the perimeter of the proposed new District; or (ii) the perimeter of any area proposed to be added to or removed from an existing District. (c) Contents of notice. The notice must include: (1) the identifying number of the bill to be heard; (2) the name and address of the person requesting the bill; (3) the date, time, place, and purpose of the public hearing; and (4) a drawing or description of the boundaries of the area affected by the proposed bill. (d) Timing of notice. The notice must be posted and mailed at least 30 days before the public hearing. (e) Number and manner of posted notices. The number of posted notices and the manner of their posting are as follows: (1) at least 2 or more signs are required, as the Department of Planning designates; (2) for a notice applicable only to an individual property, at least 1 sign must be visible from each of the property’s street frontages; (3) each sign must be posted at a prominent location, near the sidewalk or public right-of-way, so that it is visible to passing pedestrians and motorists; (4) a window-mounted sign must be mounted inside the window glass and placed so that it is clearly visible to passing pedestrians and motorists; and (5) each sign must be at least 3 feet by 4 feet in size. (f) Responsibility for notice. The notices required by this section are the responsibility of the following: (1) for a bill requested by the Commission for Historical and Architectural Preservation, the notices must be given by and at the expense of the Mayor and City Council of Baltimore; (2) for a bill requested by or on behalf of a property owner to include that property in or remove that property from an existing District, the notices must be given by and at the expense of the requester; and (3) in all other cases, the notices must be given by and at the expense of the City Council. (Ord. 15-408; Ord. 99-547; Ord. 76-022; Ord. 67-939; Ord. 64-229.)

Baltimore City Code, Article 6, § 3-7 Council action – Disposition.

§ 3-7. Council action – Disposition. Subject to the requirements of § 3-8 {“Council action – Amendments”} and § 3-9 {“Council action – Limitations”} of this subtitle, the City Council may: (1) adopt, reject, or modify an ordinance proposed to designate: (i) a Historical and Architectural Preservation District; or (ii) a Historical Conservation District; and (2) as necessary or appropriate from time to time, adopt an ordinance to modify the boundary lines of an existing District. (Ord. 25-045 Section 1; Ord. 15-408.)

Baltimore City Code, Article 6, § 3-8 Council action – Amendments.

§ 3-8. Council action – Amendments. (a) Scope of section. This section applies to any bill that: (1) proposes to designate a new Preservation District or Conservation District or modify the boundaries of an existing Preservation District or Conservation District; and (2) that has a proposed amendment to add to or remove from a new or existing District any property that was not within the perimeter of the area described in the notice given under § 3-6 {“Council action - Public notice and hearing”} of this subtitle. (b) New notice and hearing required. Before an amendment described in subsection (a) of this section may be adopted: (1) another public hearing must be held on the amendment; and (2) the requirements of this subtitle for notice and for agency reports apply to the additional hearing. (Ord. 25-045 Section 1; Ord. 15-408.)

Baltimore City Code, Article 6, § 3-9 Council action – Limitations.

§ 3-9. Council action – Limitations. (a) Scope of section. This section applies to any of the following actions by the City Council: (1) any modification to the boundary lines set forth in an ordinance proposed by the Commission under § 3-3 {“CHAP to prepare proposed ordinance and findings”} of this subtitle; or (2) unless by and in accordance with an ordinance initiated at the request of the Commission under this subtitle: (i) any initial designation of an area as: (i) a Historical and Architectural Preservation District; or (ii) a Historical Conservation District; or (ii) any modification to the boundary lines of an existing: (i) Historical and Architectural Preservation District; or (ii) Historical Conservation District. (b) Referral to CHAP. The City Council may not take any action described in subsection (a) of this section without first referring that action to the Commission for Historical and Architectural Preservation for: (1) the Commission’s written report and recommendations; and (2) the Commission’s findings of fact affirming, at a minimum, that the proposed action will not adversely affect the District’s compliance with the requirements, standards, procedures, and guidelines specified in § 3-1(b) {“Ordinance ... required: Findings of fact”} of this subtitle. (c) Action by Council. If, within 100 days of the referral, the Commission fails to submit its written report or recommendations, or fails or is unwilling to make the findings of fact required by § 3-1(b) {“Ordinance ... required: Findings of fact”} of this subtitle, the City Council: (1) may proceed to hear and consider the action, subject to the requirements of § 3-6 {“Council action – Public notice and hearing”} and § 3-8 {“Council action – Amendments”} of this subtitle; but (2) may not adopt the action without preparing and adopting its own written findings of fact affirming that the action will not adversely affect the District’s compliance with the requirements, standards, procedures, and guidelines specified in § 3-1(b) {“Ordinance ... required: Findings of fact”} of this subtitle. (Ord. 25-045 Section 1; Ord. 15-408.)

Source: City of Baltimore Department of Legislative Reference, City of Baltimore Law Library (codes.baltimorecity.gov; Open Law Library bulk XML)URL: https://codes.baltimorecity.gov/us/md/cities/baltimore/code/6/3Fetched: 10/25/2026