Within 2 days of receiving a permit application for or involving a regulated alteration, the Building Official must forward the application, together with all accompanying plans and specifications, to the Commission. On request of the Commission or its staff, the applicant must submit to the Commission any additional plans, elevations, and other related information needed to determine the appropriateness of the proposed regulated alteration. The Commission may not make any determination concerning the proposed regulated alteration until it is satisfied that:the permit application is complete; and the Commission has received all other needed documents and information, as requested. The Building Official may not issue a permit for any regulated alteration unless:for a Historical Preservation District, the Director first issues an Authorization to Proceed; or for a Historical Conservation District:The Director first issues an Authorization to Proceed; or CHAP makes the determination that the proposed exterior alteration does not require an Authorization to Proceed and notifies the applicant and building official of CHAP’s determination. City Code, 1976/83, art. 1, §40(q)(2), (3) 2000, art. 6, §4-2 Ord. 64-229 Ord. 67-939 Ord. 76-022 Ord. 07-550 Ord. 15-408

If an Authorization to Proceed is not issued within 11 days of the Commission’s having received a completed application, the Executive Director must cause a sign to be conspicuously posted on the structure involved, giving notice of:the type of alterations proposed; and the date, time, and place of a public hearing to be held by the Commission on the proposal. The public hearing must be held:at the next regular Commission meeting scheduled for a date that is no sooner than 10 days nor later than 45 days from the time the sign is posted; or if no regular meeting has been scheduled for that period, at a special meeting called for a date that is no sooner than 10 days nor later than 20 days from the time the sign is posted. City Code, 1976/83, art. 1, §40(q)(4) 2000, art. 6, §4-3 Ord. 64-229 Ord. 67-939 Ord. 15-408

Within 21 days after the public hearing concludes, or within any additional time that the applicant approves in writing, the Commission must determine whether to approve or deny the issuance of an Authorization to Proceed. The Commission may approve issuance of an Authorization to Proceed only if it determines that:the proposed regulated alteration is compliant with the Commission’s design guidelines and otherwise appropriate to the preservation of the particular Preservation District or to the preservation of the structure on the Landmark List or Potential-Landmark List; or notwithstanding that the proposed regulated alteration is, in the opinion of the Commission, noncompliant with the Commission’s design guidelines or otherwise inappropriate:the proposed alteration nonetheless is without substantial detriment to the public welfare and without substantial derogation of the intents and purposes of <cite data-path="|6">this article</cite>; and denial of an Authorization to Proceed would result in substantial hardship to the applicant. In passing on appropriateness, the Commission must consider, among other pertinent factors:the structure’s historic or architectural significance; the location and visibility of the proposed alteration; and the historic or architectural significance, architectural style, general design, arrangement, texture, material, color, architectural features, height, massing, and scale of other structures in the immediate neighborhood. City Code, 1976/83, art. 1, §40(q)(5), (6) 2000, art. 6, §4-4 Ord. 64-229 Ord. 67-939 Ord. 93-169 Ord. 07-550 Ord. 15-408

If the Commission approves the issuance of an Authorization to Proceed, the Executive Director must promptly issue the Authorization to Proceed and forward it to the Building Official, along with the related application, plans, and specifications. The Authorization to Proceed must contain:a description of the regulated alteration being approved; a reference to whether the approval is premised on:a finding that the alteration is compliant with the design guidelines and is otherwise appropriate (as required by <cite data-path="|6|§8-6|(b)|(1)">§ 8-6(b)(1) of this subtitle</cite>); or a finding that the alteration is noncompliant or otherwise inappropriate, but:it is without substantial detriment to the public welfare and without substantial derogation of <cite data-path="|6">this article</cite> (as required by <cite data-path="|6|§8-6|(b)|(2)|(i)">§ 8-6(b)(2)(i) of this subtitle</cite>); and denial would result in substantial hardship to the applicant (as required by <cite data-path="|6|§8-6|(b)|(2)|(ii)">§ 8-6(b)(2)(ii) of this subtitle</cite>); the substance of any conditions, restrictions, or limitations imposed by the Commission to minimize the degree to which the alteration otherwise would be noncompliant with the Commission’s design guidelines or otherwise inappropriate; and the date on which the Authorization to Proceed is issued. Unless an extension is granted, every Authorization to Proceed expires and becomes invalid if a building permit is not obtained and the work authorized begun within 1 year after the Authorization to Proceed is issued. City Code, 1976/83, art. 1, §40(q)(7)(1st sen.) 2000, art. 6, §4-5(a) Ord. 64-229 Ord. 67-939 Ord. 76-022 Ord. 05-123 Ord. 06-247 Ord. 07-550 Ord. 08-063 Ord. 15-408

In the case of a structure located within a Preservation District or a Historical Conservation District or included on the Landmark List, if the Commission determines that an Authorization to Proceed should not be issued, the Commission shall promptly notify the applicant and the Building Official in writing of: the reason for that determination; and any recommendations that the Commission might have about the proposed alteration. City Code, 1976/83, art. 1, §40(q)(7)(2nd, 3rd sens.) 2000, art. 6, §4-5(b) Ord. 64-229 Ord. 67-939 Ord. 76-022 Ord. 07-550 Ord. 15-408

In the case of a structure on the Potential-Landmark List, if the Commission determines that the proposed regulated alteration is inappropriate, the Commission must notify the Building Official in writing to postpone issuance of the permit. If the Building Official is so notified, the Building Official must postpone issuance of the permit until the first to occur of:180 days from the date of the notification to postpone; or a subsequent notification by the Commission to issue the permit. During the period of postponement, the Commission must meet with the applicant and may consult with civic groups, public agencies, and interested persons to ascertain what the City can do to preserve the structure. City Code, 1976/83, art. 1, §40(q)(9) 2000, art. 6, §4-7 Ord. 64-229 Ord. 67-939 Ord. 76-022 Ord. 07-550 Ord. 15-408

The Building Official is bound by the Commission’s determinations under this subtitle and must approve, if otherwise in conformance with the <cite data-path="|building-codes">Building, Fire, and Related Codes Article</cite>, or disapprove the application for the proposed alteration in accordance with those determinations. City Code, 1976/83, art. 1, §40(q)(8) 2000, art. 6, §4-6 Ord. 64-229 Ord. 67-939 Ord. 76-022 Ord. 07-550 Ord. 15-408

In this section, “municipal structure” means any structure that:is owned by the Mayor and City Council of Baltimore; and either:has been or is being used for a municipal function, including offices and other work places, schools, fire stations, police stations, monuments, water and waste water facilities, and the like; has been or is being aggregated by or for the City for redevelopment under authority of a Master Plan or Urban Renewal Plan; or meets any other criteria adopted by Commission rule or regulation for structures requiring review under this section. Before any City action is taken to approve or otherwise authorize the reconstruction, exterior alteration, interior alteration of an area customarily open or accessible to the public, or demolition of any municipal structure, the agency responsible for preparing the plans must refer the plans to the Commission for a report. The Commission’s report must be submitted to the Mayor and to the responsible agency within 45 days after the referral. If the Commission does not report within this 45-day period, the Mayor may conclude that the Commission does not object to the approval or authorization of the plans. City Code, 1976/83, art. 1, §40(p) 2000, art. 6, §4-9 Ord. 67-939 Ord. 12-066 Ord. 15-408

Nothing in <cite data-path="|6">this article</cite> prevents the ordinary maintenance or repair of an architectural feature within any Preservation District or any Conservation District or on any Landmark or Potential Landmark, if the maintenance or repair involves no change in design, material, color, or appearance of the structure. Nothing in <cite data-path="|6">this article</cite> prevents the construction, reconstruction, alteration, or demolition of any feature that the Building Official certifies as being required for public safety because of an unsafe or dangerous condition. City Code, 1976/83, art. 1, §40(r) 2000, art. 6, §4-11 Ord. 64-229 Ord. 67-939 Ord. 76-022 Ord. 07-550 Ord. 15-408