# Subtitle 9 – Waterfront Overlay Districts

Current through 2026-07-17. Source: City of Balt., Md., Ord. 26-129. Published by the Baltimore City Department of Legislative Reference.

## § 12-901 Applicability.

Balt., Md., Code art. 32, § 12-901 (2026)

(a) The Waterfront Overlay Districts apply to all waterfront lots as shown on the zoning map.  Unless modified by this section, the underlying zoning district and critical area regulations apply (<em>See </em>Title 7, Subtitle 4).

(b)

  (1) 2 subdistricts of a Waterfront Overlay Zoning District apply as provided in this subsection.

  (2) The W-1 Subdistrict applies to land along the waterfront areas characterized by a hardscape boundary with the water, such as bulkheads, port facilities, or a hard-surface promenade.

  (3) The W-2 Subdistrict applies to areas with a soft shoreline, such as wetlands, vegetation, or habitat areas that directly abut the water, most notably along the Middle Branch.  To ensure a compatible development pattern along the shoreline, property owners are encouraged to cooperate as development proceeds in a W-2 Subdistrict.

(c) The Waterfront Overlay Districts do not apply to industrially zoned properties.

*History: Ord. 16-581*

*History: Ord. 17-015*

## § 12-902 Design review required.

Balt., Md., Code art. 32, § 12-902 (2026)

Before any new construction may begin in the Waterfront Overlay Zoning Districts, design review approval is required.

*History: Ord. 16-581*

## § 12-903 Maximum building heights.

Balt., Md., Code art. 32, § 12-903 (2026)

Maximum building heights in the Waterfront Overlay Zoning Districts are as indicated in the following Tables, not by the underlying zoning:

(1) <em>Table 12-903(1): Canton Waterfront Area</em>;

(2) <em>Table 12-903(2): Fells Point Waterfront Area</em>;

(3) <em>Table 12-903(3): Key Highway Waterfront Area</em>; and

(4) 
            <em>Table 12-903(4): Middle Branch Waterfront Area.</em>
          

*History: Ord. 16-581*

## § 12-904 Protection of public right-of-way view corridors.

Balt., Md., Code art. 32, § 12-904 (2026)

(a)

  (1) No development may block the view of the waterfront from any public street that extends to the waterfront or that terminates before reaching the waterfront but adjoins the boundaries of this subdistrict.  These view corridors must be of the same width as the adjoining public street, and continue to the waterfront as a straight line extension of the adjoining street.  This extension may be modified with approval of a view corridor modification by the Director of Planning.

  (2) Building projections into any view corridor may not exceed more than 10% of the width of the corridor and are allowed only on those corridors that are at least 30 feet wide.  These projections may encompass up to a maximum of 20% of the building facade fronting the corridor.

  (3) Landscaping, exterior lighting, or other public amenities may be located within the view corridor to maximize public view to the water.

  (4) Parking is permitted within a view corridor as long as public access areas are maintained and not encroached upon.

(b)

  (1) View corridors must:

    (i) connect existing parks, open-space areas, and new development centers to the waterfront;

    (ii) be located no more than 300 feet apart from one another and be at least 15 feet wide; or

    (iii) be located no more than 600 feet apart from one another and be at least 60 feet wide.

  (2) Landscaping, exterior lighting, or other public amenities may be located within the view corridor to maximize public view of the water.

  (3) Parking is permitted within a view corridor, as long as public access areas are maintained and not encroached upon.

*History: Ord. 16-581*

*History: Ord. 17-015*

*History: *

## § 12-905 Building requirements.

Balt., Md., Code art. 32, § 12-905 (2026)

(a) An administrative exception to the requirements of this section can be granted as provided in § 4-409 {“Administrative exceptions”} of this Code.

(b)

  (1) Blank walls along the promenade are prohibited.  Primary or secondary building entrances are encouraged to be located on facades facing the promenade.

  (2) The ground floor of commercial buildings, as measured from grade to the bottom of the second floor, must maintain a transparency of 40%.  Windows must be constructed of clear or lightly tinted glass.  Tinting above 20% or reflective glass is prohibited.  Windows must begin within 3 feet of grade.

  (3) No overhead service doors or bays may face the promenade.  Loading and service areas must be internal to the development block and accessed through service corridors and not through pedestrian-oriented streets.

  (4) Retail uses along the promenade are encouraged.  Outdoor extension of these uses are restricted to a maximum of 8 feet into the required promenade easement and must be separated from the paved portion with planting beds, raised planters, or a minimum 2-foot vertical separation.  Where planting beds or raised planters are used to provide separation, landscape should be provided in accordance with the Baltimore City Landscape Manual.  No extensions of residential structures are permitted.

  (5) The height of any structure facing a major public street must be at least 35 feet.

  (6) Structures over 60 feet high must be located at least 100 feet from any adjacent structure over 60 feet high.

  (7) Parking, whether internal or external, adjoining any promenade easement is prohibited, as described in § 12-906 {“Waterfront public access promenade, open space, and required easements”}.

(c)

  (1) The floor area ratio within this subdistrict may not exceed a maximum of 2.0.  However, mixed-use developments with residential units that constitute 80% or more of the overall development plan are permitted a floor area ratio of 2.5 for the entire development area.

  (2) Blank walls along the waterfront are prohibited.  Primary or secondary building entrances are encouraged to be located on facades facing the open-space and view corridors.

  (3) Loading, service areas, and entrances to parking garages (principal use) must be sited so that they are not visible from the waterfront or view corridors to the greatest extent feasible.

  (4) The height of any structure facing a public street must be at least 35 feet.

*History: Ord. 16-581*

*History: Ord. 17-015*

## § 12-906 Waterfront public access promenade, open space, and required easements.

Balt., Md., Code art. 32, § 12-906 (2026)

(a)

  (1) In addition to the uses allowed by the underlying zoning districts, on waterfront lots within the W-1 Overlay Subdistrict, a continuous public access waterfront promenade, accessible to the public but built and maintained by the owners of the underlying land, must be provided on lots, or development parcels consisting of lots, that adjoin the waterline of the Inner Harbor of the Chesapeake Bay and, where applicable, the Middle Branch of the Patapsco.

  (2) A public access promenade must be established by an easement at least 30 feet wide, unless otherwise shown on <em>Tables 12-903(1)-(4)</em>, of which at least 12 feet must be a permanently constructed promenade.  Those areas of the 30-foot public easement that do not consist of permanently constructed promenade must be landscaped and maintained in a manner that is visible to the public and in accordance with the Landscape Manual.  Where it can be demonstrated that it is functionally justified, the Director of Planning may allow a promenade or easement of lesser width.  Promenade easements must be recorded by the property owner within 1 month of their approval and a copy of the recordation receipt provided to the Director of Planning.

  (3) These required easement improvements must be built and maintained by the property owner.  Public access must be available 24 hours a day, 7 days a week unless otherwise agreed to by the Director of Planning and stated in the easement.  The completion of the promenade easement area must coincide with the completion of the adjacent development on the property.

  (4) Public access corridors are connections between public streets adjoining a waterfront property and the promenade established on the property.  All public access corridors must be included in the pedestrian promenade easements for the property in which they are located.  The widths of the required corridors may vary but must be at least 12 feet wide.  The corridors must be open to the public 24 hours a day, 7 days a week, unless otherwise agreed to by the Director of Planning and stated in the easement, and free of gates or other impeding obstacles.  Adequate lighting of these corridors, consistent with the promenade, is required.

  (5) No motor vehicles are permitted to use or cross the promenade, unless for emergency or invasive repair purposes.  Any proposed road crossing of the promenade, either public or private, requires Planning Commission approval.

  (6) No mechanical or service equipment may be located adjacent to the promenade easement unless it is within an enclosed structure or otherwise screened from  public  view in accordance with the requirements of the Baltimore City Landscape Manual.

(b)

  (1) In addition to the uses allowed by the underlying zoning districts, on waterfront lots within the W-2 Overlay Subdistrict, a conservation easement, accessible to the public but built and maintained by the owners of the underlying land, must be provided on lots, or development parcels consisting of lots, that adjoin the waterline of Middle Branch of the Patapsco.

  (2) A buffer that provides a vegetated habitat area must be established by an easement at least 100 feet wide landward from the mean high water line of tidal waters or from the edge of tidal wetlands and tributary streams, and must be vegetated as specified by the Critical Area Management Program.  A 12-foot wide hiking and biking trail must be constructed in this area.

  (3)

    (i) To allow flexibility for development while preserving and creating habitat, the Director of Planning may approve a reduction of the 100-foot wide buffer to not less than 50 feet (from the mean high water line) if:

      (A) the areas of impact are replaced with areas elsewhere on the sites controlled by the same developer; or

      (B) there is an outfall or other limiting physical condition, as indicated on the zoning map.

    (ii) The replacement areas must be:

      (A) of equal or greater size than the area being transferred and placed under easement; and

      (B) adjoining a habitat area.

    (iii) Both the transferred habitat area and the contiguous habitat area must be properly vegetated as specified by the Critical Area Management Program.

  (4) Stormwater from the entire site must be managed to prevent negative impacts to the buffer.

  (5) The hiking and biking trail, together with a 12-foot hard surface and a meadow or mown strip a maximum of 3 feet wide on either side, must be at least 50 feet from the mean high tide line.  Public access corridors to the trail must be provided and included in the easements for the property where they are located.  The trail on any given property must connect to the trail on adjoining properties.  The trail takes the place of the promenade and these hard surfaces are exempt from the Critical Area buffer requirement, but are not exempt from stormwater requirements.

  (6) Access to the water as part of the trail system is encouraged, and must be approved by the Director of Planning.

  (7) Easements for the buffer and the hiking and biking trail must be recorded by the property owner once approved and a copy of the easements, stamped at the courthouse, provided to the Director of Planning.

  (8) These required easement improvements must be built and maintained by the property owner.  Public access on private property is subject to reasonable rules and regulations adopted by the property owner and included in the easement.  The completion of the easement area must coincide with the completion of the adjacent development on the property.

  (9) The shoreline must be maintained as a naturally vegetated buffer.  No new bulkheads or rip-rap may be constructed and any existing bulkheads or rip-rap must be removed to the greatest extent possible as development occurs.  Additionally, wetland marsh creation, restoration, and preservation are encouraged.

  (10) Any work done in designated habitat protection areas, resource conservation areas, or existing vegetated buffers must be scheduled so that it does not disturb the reproductive cycles of fish or wildlife.

  (11) No motor vehicles are permitted to use or cross the hiking and biking trail, unless required for an emergency or for trail or buffer maintenance purposes.

  (12) No mechanical or service equipment may be located adjacent to the conservation easement unless it is within an enclosed structure or otherwise screened from  public  view in accordance with the requirements of the Baltimore City Landscape Manual.

*History: Ord. 16-581*

*History: Ord. 17-015*

*History: Ord. 18-216*