[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:
COMMERCIAL
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.
RESIDENTIAL
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.
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) 
Definitions. As used in this section, the following terms shall have the meanings indicated:
FRONT YARD
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.
PERVIOUS SURFACE
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.
[1]
Editor's Note: This ordinance also provided for the renumbering of former § 63-7 as § 63-9.
[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.