[HISTORY: Adopted by the Mayor and Council of the City of
Seat Pleasant 3-12-1990 by Ord. No. 90-02. Amendments noted where
applicable.]
[Amended 2-14-1994 by Ord. No. 94-01]
It shall be unlawful for any person or persons to construct,
erect or alter any building or structure within the corporate limits
of the City of Seat Pleasant without first having obtained a permit
from the City Treasurer, the Mayor and City Council so to do.
As used in this chapter, the following terms shall have the
meanings indicated:
Any activity that involves any kind of vocation, occupation,
profession, enterprise, establishment or any devices, machines, vehicles
and apparatus used therein, any of which are conducted for profit
or benefit, either directly or indirectly, on any premises in this
city or anywhere else within its jurisdiction.
Any activity in which the purpose is not to conduct a business
for profit or to conduct any business activity whatsoever; any activity
in which the purpose is to provide a place for living for the owner
to reside and take up his/her domicile.
[Amended 2-14-1994 by Ord. No. 94-01]
The fee for a permit to build, construct or erect any building
within the corporate limits of said City shall be as set forth from
time to time by resolution of the City Council.[1]
[1]
Editor's Note: A copy of the current fee schedule is
on file in the City offices.
A code enforcement officer or the City police officers of said
City shall enforce the provisions of this chapter.
Such permit shall be valid and in force for a period of six
months from the date thereof.
If any provision is not covered by this chapter concerning the
construction, erection or alterations to any building or structure
within said City, then and in that event the specific provision in
the Building Code for Prince George's County is hereby adopted
for the provision in this chapter not covered.
[Added 4-9-2018 by Ord.
No. O-18-09[1]]
A.
Impervious
surfaces on residential properties.
(1)
Notwithstanding
the Prince George's County Code provisions in relation to impervious
surface coverage, the impervious surface area of the front yard of
any residential property in the City of Seat Pleasant shall not exceed
25% of the total area of the front yard.
(2)
FRONT YARD
PERVIOUS SURFACE
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
In addition to the definition in this chapter, for buildings
on corner lots where the building faces an intersection rather than
either of the streets, the front yard shall be the triangular area
between the paved streets and a line drawn across that side of the
building nearest the street and facing the intersection.
Includes, but shall not be limited to, pavers, brick, and
gravel and all paved and prepared drivable surfaces pursuant to this
code; nondrivable surfaces, including a sidewalk no wider than 42
inches, shall not be counted as an impervious surface for the purposes
of this section.
(3)
Any
properly permitted pervious surface coverage existing that does not
comply with the restrictions contained in this section shall be deemed
a legal nonconforming use. Any replacement of the impervious surface
to pervious surface shall conform to the requirements of this section.
"Replacement" means any work on at least 50% of the impervious surface
for any reason.
[Added 4-9-2018 by Ord.
No. O-18-09]
A.
No person
may install, widen, extend, enlarge, or install any impervious surface,
including gravel, concrete, or asphalt, in the front yard of residential
property in the City of Seat Pleasant. All construction of walkways,
driveways, etc., must be installed with pervious material, including,
but not limited to, pavers and brick, which work shall not commence
without a Prince George's County and City of Seat Pleasant permit.
It shall be the policy of the City that the addition of gravel similar
to the existing gravel over the existing gravel footprint shall be
considered maintenance and shall not require a permit.
B.
The application
for a permit shall contain all information relevant and necessary
to determine whether the permit may be issued, including, but not
limited to:
(1)
The
applicant' s full name, current address, telephone number, proof of
identity, and the name, address, and telephone number of the property
owner, if not the same as that of the applicant;
(2)
A full
description of the proposed installation, including the material that
will be installed, the square footage of the area to be covered, and
the specific location on the property of the proposed installation;
and
(3)
A site
plan or other plan or plat acceptable to the Code Enforcement Department,
drawn to scale, reflecting the location of all structures on the property,
any and all existing impervious surfaces, the total square footage
of all impervious surfaces currently located on the property, the
total area of the lot or property in question, and the zoning of the
property.
C.
At the time
of filing a paving permit application, the applicant shall pay a permit
fee of $50. The permit fee shall accompany the application. A late
fee of $25 shall be assessed for failing to apply for the permit prior
to beginning the work.
D.
The Code
Enforcement Division shall be responsible for issuing permits or exceptions
under this chapter with the approval of the City Administrator. The
application for a permit may be denied, granted or granted with reasonable
and necessary conditions. The applicant may appeal the denial of a
permit or a special exception to the City Administrator or his/her
designee pursuant to this code.
E.
The City Administrator or his/her designee may grant an exception to the restriction contained in Subsection A above when an applicant can prove to the Code Enforcement Officer's satisfaction:
(1)
That
the applicant requires an impervious surface coverage limitation in
order to install such surface for medical reasons (i.e., to construct
a ramp to access a house or provide parking for a handicapped person
who resides at the property); or
(2)
That
the applicant cannot otherwise provide for any off-street parking
on their property.
F.
The City
Administrator or his/her designee may only grant an exception for
the minimum amount necessary and may impose reasonable and necessary
conditions. In no event shall an exception allow the impervious surface
area in the front yard of a residential property to exceed a total
of 50% of the total area of the front yard or violate any county,
state or federal law as to impervious surfaces.
[Amended 2-14-1994 by Ord. No. 94-01]
Any person who shall violate the provisions of this chapter
shall be guilty of a municipal infraction and shall, upon conviction
thereof, be sentenced to pay a fine of $400 per day and costs.
