[Adopted 3-26-1996 by Ord. No. 95-O-6; amended in its entirety 5-10-2011 by Ord. No. 11-O-03]
The purposes of this article are to create a process whereby
the Mayor and Council may grant departures from design and landscaping
standards, parking and loading standards and sign design standards,
as well as variances from lot size, setback and any other requirements
of the Prince George’s County Zoning Ordinance from which a
variance may be granted by the Prince George’s County Council
and Board of Appeals, in order to overcome deficiencies in the current
zoning process, and authorize alternative compliance from landscaping
requirements, certification, revocation and revision of nonconforming
uses, and minor changes to approved special exceptions, to remove
obstacles which hinder development within the City and to promote
community and economic revitalization by encouraging appropriate development
within the City.
As used in this article, the following terms
shall have the meanings indicated:
COMMISSION
The City of College Park Advisory Planning Commission.
PERSON OF RECORD (PARTY OF RECORD)
The owner, applicant, correspondent and any person who, in
writing, prior to the close of the hearing before the Commission or
in testimony before the Commission, requests to become a party to
the proceeding.
[Amended 4-11-2023 by Ord. No. 23-O-02]
A variance from lot size, setback and any other requirements of the Prince George's County Zoning Ordinance from which a variance may be granted pursuant to §
190-3, Powers and duties of the City Advisory Planning Commission to conduct hearings, of the City Code may only be granted upon a finding that:
A. A specific parcel of land is physically unique and unusual in a manner
different from the nature of surrounding properties with respect to
exceptional narrowness, shallowness, shape, exceptional topographic
conditions, or other extraordinary conditions peculiar to the specific
parcel (such as historical significance or environmentally sensitive
features);
B. The particular uniqueness and peculiarity of the specific property
causes a zoning provision to impact disproportionately upon that property,
such that strict application of the provision will result in peculiar
and unusual practical difficulties to the owner of the property;
C. Such variance is the minimum reasonably necessary to overcome the
exceptional physical conditions;
D. Such variance can be granted without substantial impairment to the
intent, purpose and integrity of the general plan or any functional
master plan, area master plan, or sector plan affecting the subject
property;
E. Such variance will not substantially impair the use and enjoyment
of adjacent properties; and
F. A variance may not be granted if the practical difficulty is self-inflicted
by the owner of the property.
If the Mayor and Council denies a variance,
no further variance covering the same specific subject on the same
property shall be filed within the following twelve-month period.
If the second variance is also denied, no other subsequent variances
covering the same specific subject on the same property shall be filed
within each eighteen-month period following the respective denial.
[Amended 4-11-2023 by Ord. No. 23-O-02]
A. Except as provided in Subsection
B of this section, any person aggrieved by the decision of the Mayor and Council who was a party to the proceeding before it may appeal to the Circuit Court, which shall have the power to affirm the decision of the Mayor and Council or, if the decision is not in accordance with law, to remand the matter or to modify or reverse the decision.
B. Before exercising the right of appeal under Subsection
A of this section, a party of record shall first appeal an action of the governing body of a municipal corporation under this section to the District Council for review on the record if the action concerns certification and revocation of nonconforming uses. For purposes of an appeal to the Circuit Court under Subsection
B of this section, the City shall be considered an aggrieved person.
[Adopted 7-14-1998 by Ord. No. 98-O-5]
[Added 5-10-2011 by Ord. No. 11-O-03; amended 8-11-2020 by Ord. No. 20-O-09]
A. The Department of Planning and Community Development shall provide
notice of an application for a zoning action requested under this
chapter to any City resident who registers with the Department.
B. To register, a resident shall provide the following to the Department
of Planning and Community Development: name; street address or e-mail
address to which notice should be sent; and the geographical area
that the resident wishes to receive notice about. Notice shall be
sent by regular or e-mail, as designated by the City resident.