[HISTORY: Adopted by the Mayor and Council
of the City of College Park as indicated in article histories. Amendments
noted where applicable.]
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:
The City of College Park Advisory Planning Commission.
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.
A.
The Commission shall conduct hearings for the following
categories of requests with respect to property located within the
corporate limits:
[Amended 4-11-2023 by Ord. No. 23-O-02]
(1)
Applications
for variances from the strict application of the Prince George’s
County Zoning Ordinance with respect to lot size, setback and similar
requirements for land within the corporate boundaries, except that
the Commission shall not have the power to hear and decide applications
for variances filed in conjunction with a special exception, zoning
case, site plan or other request where the District Council has the
sole authority to grant variances from the strict application of the
Prince George’s County Zoning Ordinance pursuant to Section 27-3613.
(2)
Departures (minor and major) of numerical design and landscaping
standards in the municipality for:
(a)
Parking and loading standards [Section 27-6206(K)], Block Design;
Table 27-6206(M)(1): Minimum Stacking Spaces for Drive-Through Facilities
and Related Uses; Section 27-6304(I), Large Vehicular Use Areas (300
or More Spaces); Section 27-6305, Off-Street Parking Space Standards;
Section 27-6306, Dimensional Standards for Parking Spaces and Aisles;
and Section 27-6310, Loading Area Standards;
(b)
Alternative compliance from landscaping requirements (Landscape
Manual); and
(c)
Sign design standards (Section 27-61505, Standards for Specific
Sign Types; Section 27-61506, Standards for Special Purpose Signs;
and Section 27-61507, Standards for Temporary Signs).
(3)
Certification, Revocation, and Revision of Nonconforming Uses (Part
27-7);
(4)
Area, Setback, and Similar Requirements for Lot Area, Setback, and
Similar Requirements (Section 27-3613) of the Prince George's
County Zoning Ordinance; and
(5)
Minor changes to approved special exceptions.
B.
The Commission shall conduct a complete public hearing
on the request, except with respect to limited minor changes that
the Planning Director is authorized to approve, subject to all the
requirements and restrictions imposed by law upon the Mayor and Council.
The Commission is empowered to swear witnesses and to issue subpoenas
for witnesses and documents.
C.
After the conclusion of the hearing, the Commission
shall serve upon all persons of record a written recommendation containing
specific findings of fact, conclusions of law and a recommended disposition
of the case. The recommendation shall be filed with the Mayor and
Council and the Prince George's County Planning Department at the
same time.
D.
Rules of procedure for hearings and other meetings.
(1)
The Commission may adopt rules of procedure consistent
with the provisions of this section and the Prince George's County
Zoning Ordinance.
(2)
The Commission shall keep minutes of its proceedings.
(3)
Hearings may be adjourned and continued. If the date,
time and place of the continued hearing is publicly announced at the
time of the adjournment, no further notice of the continuation shall
be required. If the date, time and place is not publicly announced
at the time of the adjournment, notice shall be given in the same
manner as with the original hearing.
(4)
All actions of the Commission shall be taken by resolution,
in which at least a majority of the members must concur. Each resolution
shall contain a statement of the grounds and findings of fact and
conclusions of law forming the basis of the action. The text of the
resolution and record of members' votes shall be incorporated into
the minutes of the Commission. All such resolutions of the Commission
shall be transmitted to the Mayor and Council within five days of
the date thereof.
[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.
A.
Before making its recommendation on any variance request,
the Commission shall hold a public hearing on the matter.
B.
Filing requirements.
(1)
Variance requests shall be made on the forms provided
by the Commission. All information required on the forms shall be
furnished by the applicant, and the Commission shall not accept any
form which is incomplete.
(2)
Variance requests shall be numbered sequentially and
scheduled to be heard by the Commission. The schedule shall be posted
conspicuously in City Hall at least seven days prior to the hearing
date.
(3)
Variance requests may be made by any person who alleges
that he is aggrieved by the issuance of a zoning violation or notice
or other decision made in administering the Prince George's County
Zoning Ordinance if such decision relates to lot size, setback or
any other requirements of the Prince George's County Zoning Ordinance
from which a variance is permitted. Such person shall notify the Commission
of the request within 30 days of the issuance of the notice or other
decision. The Commission may waive the requirement and allow the filing
of a variance prior to any action on a permit.
C.
Fees.
(1)
Upon filing the application, the applicant shall pay a filing fee to the Commission as set forth in Chapter 110, Fees and Penalties, of the Code, and a fee for each public notice sign required by this section. The fees are nonrefundable unless, upon request of the applicant, the Commission finds that the fee was paid by mistake. All fees must be paid at the time of filing, except as provided.
(2)
In lieu of the fee, the applicant may submit an affidavit
claiming that payment of the fee would be an extreme financial hardship.
Such hardship may only be claimed by a natural person. The affidavit
shall contain the information required by the Commission and any other
pertinent facts which the applicant feels are necessary.
(3)
Upon filing the affidavit, the Commission shall, within
10 working days, determine whether payment of the fee is an extreme
financial hardship on the applicant. Should the Commission find that
hardship does not exist, the applicant shall be required to pay the
fee before the request may be heard by the Commission.
D.
Notice of public hearing.
(1)
At least 15 days' notice of the date, time and place
of the hearing shall be sent, by certified mail, return receipt requested,
to the applicant and to the owners of abutting and opposite property
(including those properties directly across a street, alley or stream).
[Amended 4-11-2023 by Ord. No. 23-O-02]
(2)
The Commission may send notice of the hearing to other
interested persons, organizations or agencies and/or the State Highway
Administration. The Commission shall send a notice of hearing to the
Maryland-National Capital Park and Planning Commission, the Prince
George's County Planning Board and the Prince George's County Council
sitting as the District Council.
(3)
All notices required by this section shall include:
[Amended 4-11-2023 by Ord. No. 23-O-02]
(a)
The date, time, and place of the public hearing on the application;
(b)
The application number and the type of application being considered;
(c)
The description of the land subject to the application;
(d)
A summary of the applicant's request;
(e)
A phone number and e-mail address, prominently displayed, to
call or e-mail for additional information, along with the website
address of the Planning Department, the BOA, the ZHE, and the District
Council, as appropriate;
(f)
If a public hearing is required, the word "hearing" shall be
prominently displayed; and
(g)
A statement, clearly displayed, that any member of the public
is welcome to attend the public hearing and speak either in support
or opposition to the public hearing.
(4)
The Commission shall post the property with a durable
sign at least 15 days prior to the scheduled hearing date. The sign
shall include the following information:
[Amended 4-11-2023 by Ord. No. 23-O-02]
(5)
There shall be one sign posted for each 1,000 feet
or fraction thereof of frontage on each improved street. The sign(s)
shall be posted on the property near the street right-of-way so as
to be visible from the improved portion of the street. When more than
one sign is required to be posted along a street, the signs shall,
where practicable, be evenly spaced along the street. The posted notice
sign(s) shall be singled-sided if the site occupies frontage on a
cul-de-sac, at the end of a dead-end street, or on a one-way street.
The sign(s) shall be oriented to maximize their visibility to motorists.
The posted notice sign(s) shall be double-sided if the site occupies
frontage on a street that is visible to two-way traffic. These sign(s)
shall be configured in a "V" shape, at a 45° angle, and oriented
to maximize their visibility to motorists. If the site does not have
frontage on an improved public street, then one sign shall be placed
on the land subject to the application. The sign shall be near the
boundary of the site and visible from adjoining land. Another sign
shall be placed near to, and visible from, the improved portion of
the nearest, most-traveled street. This sign shall indicate it is
not on the land subject to the application. If the placement of any
sign on the land subject to the application is not visible to motorists
from adjoining streets, the Planning Director may require placement
of additional signs, as needed, to ensure that notice about the application
and public hearing is accessible to the general public.
[Amended 4-11-2023 by Ord. No. 23-O-02]
(6)
If the property does not have frontage on an improved
street, one sign shall be placed near to, and be visible from, the
improved portion of the nearest, most traveled street. In addition
to the required information, this sign shall state that the sign is
not on the subject property and that a property having no improved
street frontage is the subject of this hearing.
(7)
All signs posted shall be conspicuous and legible
for at least 15 days prior to the hearing. The applicant is responsible
for the maintenance of all signs.
E.
In order to help it reach a decision, the Commission
may request the Maryland-National Capital Park and Planning Commission,
Prince George's County, Prince George's County Planning Board and/or
the State Highway Administration to furnish technical service, advice,
data or factual evidence. These comments and recommendations shall
be available for public examination prior to the public hearing.
F.
At the conclusion of the public hearing, the Commission
may close the record or may leave the record open (for a specified
time) for receipt of additional written evidence.
G.
Not less than 15 days after receipt of a recommendation of the Commission regarding a variance, a majority of the Mayor and Council may adopt the recommendation of the Commission by consent unless, within that fifteen-day period, a Council member requests oral argument on the matter or exceptions and a request for oral argument is filed in accordance with § 190-6 below. Oral argument may only be requested by a Council member when an action of the Commission is not unanimous or when it is alleged that the recommendation fails to comply with the criteria established herein. Oral argument shall be conducted in accordance with § 190-6. Failure of the Mayor and Council to act on the recommendation of the Commission within 60 days of the receipt thereof shall result in the denial of the request.
A.
Any person of record may file with the Mayor and Council, within 15 calendar days after the notice of the Commission's recommendation, exceptions to the Commission's recommendation and a request for oral argument before the Mayor and Council under the circumstances set forth in § 190-5G.
B.
The City Clerk shall notify the Commission of any
exceptions and/or request for oral argument and within seven days
of receiving said notice, the Commission shall transmit to the Mayor
and Council a copy of the record created by the Commission including,
but not limited to, all written evidence and materials submitted for
consideration by the Commission and a transcript of the public hearing
on the variance application.
C.
The Mayor and Council shall schedule oral argument
on the appeal. The City Clerk shall give at least seven calendar days'
notice of the hearing to all persons of record and the Commission.
Oral argument shall be limited to the facts and information within
the record made at the hearing before the Commission.
D.
After the close of the Council's hearing, a majority
of the Mayor and Council shall accept, deny or modify the recommendation
of the Commission or return the variance application to the Commission
to take further testimony or reconsider its recommendation.
E.
The Council shall give its decision, in writing, stating
the reasons for its action. Copies of the decision shall be sent to
all persons of record, the Commission, the Maryland-National Capital
Park and Planning Commission and the Prince George's County Council
sitting as the District Council.
A.
A decision of the Mayor and Council permitting the
erection of a building or structure shall not be valid for more than
two years, unless a building permit for the erection of the building
or structure in question is obtained within this period and the construction
is started and proceeds to completion in accordance with the terms
of the decision and the permit.
B.
A decision of the Mayor and Council permitting the
use of a building, structure or land shall not be valid for more than
two years, unless the use is established within this period. Where
the use depends on the erection or alteration of a building, the Mayor
and Council's decision may be valid for more than two years, provided
that:
(1)
A building permit for the erection or alteration is
obtained within the two-year period and the work is started and proceeds
to completion in accordance with the terms of the decision and the
permit; and
(2)
The Mayor and Council specifies a time period (not
more than two years) within which the use must be established after
the completion of the construction.
C.
A decision of the Mayor and Council granting a variance
from the screening requirements set forth in Sections 27-469(B)(3)
and 27-470(B)(3) of the Prince George's County Zoning Ordinance shall
not be valid for more than five years.
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.
A.
Departures (minor and major) of numerical design and
landscaping standards may be granted for the following (all section
references are to the County Zoning Ordinance):
[Amended 4-11-2023 by Ord. No. 23-O-02]
(1)
Parking and loading standards [Section 27-6206(K)], Block Design;
Table 27-6206(M)(1): Minimum Stacking Spaces for Drive-Through Facilities
and Related Uses; Section 27-6304(I), Large Vehicular Use Areas (300
or More Spaces); Section 27-6305, Off-Street Parking Space Standards;
Section 27-6306, Dimensional Standards for Parking Spaces and Aisles;
and Section 27-6310, Loading Area Standards;
(2)
Alternative compliance from landscaping requirements (Landscape Manual);
and
(3)
Sign design standards (Section 27-61505, Standards for Specific Sign
Types; Section 27-61506, Standards for Special Purpose Signs; and
Section 27-61507, Standards for Temporary Signs).
B.
Procedures.
(1)
Application.
(a)
All requests for a departure from design standards
shall be in the form of an application filed with the Commission,
except that departure applications that are in conjunction with another
approval upon which the Prince George’s County District Council
or the Prince George’s County Planning Board must make a decision
shall be filed as required under the County Zoning Ordinance. The
Commission shall determine the contents of the application and shall
provide the application form.
(b)
Along with the application, the applicant shall
submit the following:
[Amended 4-11-2023 by Ord. No. 23-O-02]
(2)
Fees.
(a)
Filing fees. Upon filing the application, the applicant shall pay to the Commission a filing fee to help defray the costs of processing the application as set forth in Chapter 110, Fees and Penalties, of the Code. The filing fee for a departure for a church or other place of worship shall not exceed $100. A reduction in the fee may be permitted by the Commission when it finds that payment will cause undue hardship upon the applicant.
(b)
Sign-posting fees.
[1]
In addition to the filing fee, a sign-posting fee as set forth in Chapter 110 of the Code, Fees and Penalties, shall also be paid by the applicant to the Commission at the time the application is filed.
[2]
When the application involves a utility right-of-way,
the fee shall be $30 each for the first four signs, plus $5 for each
sign over four.
[3]
No part of a fee shall be refunded or waived
unless the Commission determines that one of the following applies:
(3)
Hearing. Prior to making a recommendation on a departure
from design standards, the Commission shall hold a public hearing
on the matter. The Commission shall determine the procedures under
which the hearing will be held.
(4)
Notice.
[Amended 4-11-2023 by Ord. No. 23-O-02]
(a)
For major and minor departures, 15 days' prior
notice of the date, time and place of the hearing shall be sent by
mail to all persons of record, the Maryland-National Capital Park
and Planning Commission, the Prince George's County Council sitting
as the District Council, and owners of abutting and opposite properties
and properties on the same block as, or within 500 feet of the land
subject to the application.
(b)
All notices required by this section shall include:
[1]
The date, time, and place of the public hearing on the application;
[2]
The application number and the type of application being considered;
[3]
The description of the land subject to the application; a summary
of the applicant's request;
[4]
A phone number and email address, prominently displayed, to
call or email for additional information, along with the website address
of the Planning Department, the BOA, the ZHE, and the District Council,
as appropriate;
[5]
If a public hearing is required, the word "hearing" shall be
prominently displayed; and
[6]
A statement, clearly displayed, that any member of the public
is welcome to attend the public hearing and speak either in support
of or opposition to the public hearing.
(c)
The Commission shall post the property with at least one durable
sign giving notice of the hearing at least 15 days' prior to
the scheduled hearing date. The contents of the sign and the number
of signs required shall be determined by the Commission. All signs
posted must be conspicuous and legible. The applicant is responsible
for the maintenance of all signs.
(d)
Additional notice may be given, as determined
by the Commission.
(5)
In order to help it reach a decision, the Commission
may request the Maryland-National Capital Park and Planning Commission,
Prince George's County, Prince George's County Planning Board and/or
the State Highway Administration to furnish comments or recommendations.
These comments and recommendations shall be available for public examination
prior to the public hearing.
(6)
Record.
(a)
The record created before the Commission shall
include, but not be limited to:
[1]
The application form and accompanying data.
[2]
Comments and recommendations (if any) from the
Maryland-National Capital Park and Planning Commission, Prince George's
County, Prince George's County Planning Board and the State Highway
Administration.
[3]
All correspondence relative to the application.
[4]
All testimony at the public hearing.
[5]
Other items which the Commission deems necessary.
(b)
At the conclusion of the public hearing, the
Commission may close the record or may leave the record open (for
a specified time) for receipt of additional written evidence.
(7)
Commission recommendation.
(a)
After the close of the record, the Commission
shall take action on the request. The recommendation of the Commission
shall be based on the record and shall be embodied in a resolution
adopted at a public meeting containing the findings of fact and conclusions
of law forming the basis for the Commission's recommendation.
(b)
The Commission shall within 15 days after the
close of the record give written notice of its recommendation to all
persons of record and the Mayor and Council.
(8)
Required findings. A departure (minor or major) may
be approved upon a finding that the applicant demonstrates the proposed
departure complies with the following:
[Amended 4-11-2023 by Ord. No. 23-O-02]
(a)
The departure falls within the thresholds provided in Subsection
27-3614(B)(2), Major Departures for the Applicable Type of Departure;
(b)
The departure is consistent with the character of development
on surrounding land, and is compatible with surrounding land uses;
(d)
The departure will not pose a danger to the public health or
safety;
(e)
Any adverse impacts are mitigated, to the maximum extent practicable;
(f)
The site is not subject to a series of multiple, incremental
departures that result in a reduction in each development standard
by the maximum allowed over the previous 20 years. (Relevant development
standards cannot be reduced beyond the maximum thresholds allowed
in this subsection, through more than one departure, over the previous
20 years); and
(g)
For a departure from a standard contained in the Landscape Manual,
the Planning Board shall find, in addition to the requirements above,
that there is no feasible proposal for alternative compliance, as
defined in the Landscape Manual, which would exhibit equally effective
design characteristics.
(h)
Facilities for the physically handicapped. A departure from
the design standards for parking facilities for the physically handicapped
shall not be granted.
C.
Not less than 15 days after receipt of a recommendation of the Commission regarding a departure, a majority of the Mayor and Council may adopt the recommendation of the Commission by consent, unless within that fifteen-day period a Council member requests oral argument on the matter or exceptions and a request for oral argument is filed in accordance with § 190-10 below. Oral argument may only be requested by a Council member when a recommendation of the Commission is not unanimous or when it is alleged that the recommendation fails to comply with the criteria established herein. Oral argument shall be conducted in accordance with § 190-10. Failure of the Mayor and Council to act on the recommendation of the Commission within 60 days of the receipt thereof shall result in the denial of the request.
A.
Any person of record may file with the Mayor and Council within 15 calendar days after the notice of the Commission's recommendation exceptions to the Commission's recommendation and a request for oral argument before the Mayor and Council, under the circumstances set forth in § 190-9C.
B.
The City Clerk shall notify the Commission of any
exceptions and/or requests for oral argument within seven days of
receiving said notice. The Commission shall transmit to the Mayor
and Council a copy of the record created by the Commission, including
but not limited to all written evidence and materials submitted for
consideration by the Commission and a transcript of the public hearing
on the proposed departure.
C.
The Mayor and Council shall schedule a public hearing
on the appeal. The City Clerk shall give at least 14 calendar-days'
notice of the hearing to all persons of record and the Commission.
Oral argument shall be limited to the facts and information within
the record made at the hearing before the Commission.
D.
After the close of the Council's hearing, a majority
of the Mayor and Council shall affirm, reverse or modify the recommendation
of the Commission or return the proposed departure to the Commission
to take further testimony or reconsider its recommendation.
E.
The Council shall give its decision, in writing, stating
the reasons for its action. Copies of the decision shall be sent to
all persons of record, the Commission, the Maryland-National Capital
Park and Planning Commission and the Prince George's County Council
sitting as the District Council.
A.
Revision.
(1)
Application. A certified nonconforming use may be altered, enlarged
or extended, provided that the alteration, enlargement or extension
conforms to the building line setback, yard, and height regulations
of the zone in which the use is located and a special exception is
not required by the District Council for Prince George's County. The
specific uses that may be altered, enlarged or extended are set out
in Section 27-242(B) of the Prince George's County Zoning Ordinance.
(a)
All requests for alteration, extension or enlargement of a certified
nonconforming use shall be in the form of an application filed with
the Commission. The Commission shall determine the contents of the
application and shall provide the application form.
(b)
Along with the application, the applicant shall submit 10 copies
of a site plan and other data or explanatory material which are considered
necessary to indicate what is being proposed.
(2)
Filing fees.
(a)
Upon filing the application, the applicant shall pay to the
City a filing fee as established by Council to help defray the costs
of processing the application. A reduction in the fee may be permitted
by the Commission when it finds that payment will cause undue hardship
upon the applicant.
(b)
Sign-posting fees.
[1]
In addition to the filing fee, a sign-posting fee as established
by City Council for each sign required shall be paid by the applicant
to the Commission at the time the application is filed.
[2]
No part of a fee shall be refunded or waived unless the Commission
determines that one of the following conditions applies:
(3)
Public hearing. Prior to making a recommendation on an alteration,
extension or enlargement of a certified nonconforming use, the Commission
shall hold a public hearing on the matter. The Commission shall determine
the procedures under which the hearing will be held.
(4)
Notice.
(a)
Notice of the date, time and place of the hearing shall be sent
to all persons of record. Notice of the date, time and place of the
hearing, and a site plan drawn to scale, shall be sent to the Maryland-National
Capital Park and Planning Commission and the Prince George's County
Council sitting as the District Council.
(b)
The subject property shall be posted with at least one durable
sign giving notice of the hearing at least 15 days prior to the scheduled
hearing date. The contents of the sign and the number of signs required
shall be determined by the Commission. All signs posted must be conspicuous
and legible. The applicant shall be responsible for posting all signs
and for the maintenance of all signs.
(c)
Additional notice may be given, as determined by the Commission.
(5)
Comments and recommendations. In order to help it reach a decision,
the Commission may request the Maryland-National Capital Park and
Planning Commission, Prince George's County, Prince George's County
Commission, and/or the State Highway Administration to furnish comments
or recommendations. These comments and recommendations shall be available
for public examination prior to the public hearing.
(6)
Record.
(a)
The record created before the Commission shall include, but
not be limited to:
[1]
The application form and accompanying data;
[2]
Comments and recommendations (if any) from the Maryland-National
Capital Park and Planning Commission, Prince George's County, Prince
George's County Planning Board, and the State Highway Administration;
[3]
All correspondence relative to the application;
[4]
All testimony at the public hearing; and
[5]
Other items which the Commission deems necessary.
(b)
At the conclusion of the public hearing, the Commission may
close the record or may leave the record open (for a specified time)
for receipt of additional written evidence.
(7)
Commission recommendation.
(a)
After the close of the record, the Commission shall take action
on the request. The recommendation of the Commission shall be based
on the record, and shall be embodied in a resolution adopted at a
public meeting, containing the findings of fact and conclusions of
law forming the basis for the Commission's recommendation.
(b)
The Commission shall within 15 days after the close of the record
give written notice of its recommendation to all persons of record
and the Mayor and Council.
(8)
A recommendation that an alteration, extension or enlargement of
a certified nonconforming use be granted shall be made by the Commission
only upon the finding that the purposes of the Prince George's County
Zoning Ordinance will be equally well or better served by the applicant's
proposal.
(9)
Not less than 15 days after receipt of a recommendation of the Commission
regarding an alteration, extension or enlargement of a certified nonconforming
use, a majority of the City Council may adopt the recommendation of
the Commission by consent, unless within that fifteen-day period,
a Council member requests oral argument on the matter or exceptions
and a request for oral argument are filed. Oral argument may only
be requested by a Council member when a recommendation of the Commission
is not unanimous or when it is alleged that the recommendation fails
to comply with the criteria established herein. Failure of the City
Council to act on the recommendation of the Commission within 60 days
of the receipt thereof shall result in the denial of the request.
B.
Certification.
(1)
In general. A nonconforming use may only continue if a use and occupancy
permit identifying the use as nonconforming is issued after the Commission
or the City Council certifies that the use is nonconforming and not
illegal. Applicants shall comply with Section 125.01 of the Prince
George's County Zoning Ordinance.
(2)
Application.
(a)
An application for certification of a nonconforming use shall
be filed with the Commission. The Commission shall determine the contents
of the application and shall provide the application form.
(b)
Along with the application and accompanying plans, the applicant
shall provide the following:
[1]
Documentary evidence, such as tax records, business records,
public utility installation or payment records, and sworn affidavits,
showing the commencing date and continuous existence of the nonconforming
use;
[2]
Evidence that the nonconforming use has not ceased to operate
for more than 180 consecutive calendar days between the time the use
became nonconforming and the date when the application is submitted,
or that conditions of nonoperation for more than 180 consecutive calendar
days were beyond the applicant's and/or owner's control, were for
the purpose of correcting code violations or were due to the seasonal
nature of the use;
[3]
Specific data showing the exact nature, size, and location of
the building, structure or use; a legal description of the property;
and the precise location and limits of the use on the property and
within any building it occupies; and
[4]
A copy of a valid use and occupancy permit issued for the use
prior to the date upon which it became a nonconforming use, if the
applicant possesses one.
(3)
Notice. The Commission shall post the property with a durable sign(s)
within 10 days of acceptance of the application and accompanying documentation.
The sign(s) shall provide notice of the application; the nature of
the nonconforming use for which the permit is sought; a date, at least
20 days after posting, by which written comments and/or supporting
documentary evidence relating to the commencing date and continuity
of such use and/or a request for public hearing from a party of interest
will be received; and instructions for obtaining additional information.
This section does not apply to uses that occur solely within an enclosed
building, with the exception of parking in accordance with Section
27-549 of the Prince George's County Zoning Ordinance.
(4)
Commission review: no public hearing.
(a)
If a copy of a valid use and occupancy permit is submitted with
the application, and a request is not submitted for the Commission
to conduct a public hearing, and, based on the documentary evidence
presented, the Commission is satisfied as to the commencing date and
continuity of the nonconforming use, the Commission shall recommend
certification of the use as nonconforming for the purpose of issuing
a new use and occupancy permit identifying the use as nonconforming.
This recommendation shall not be made prior to the specified date
on which written comments and/or requests for public hearing are accepted.
(b)
Following a recommendation of certification of the use as nonconforming,
the Commission shall notify the Mayor and City Council of the recommendation.
(c)
If the City Council does not elect to review the recommendation within 15 days of receipt of the recommendation as authorized by Subsection B(5), below, the Commission shall certify the use as nonconforming. Copies of the recommendation shall be sent to all persons of record, the Maryland-National Capital Park and Planning Commission and the Prince George's County Council sitting as the District Council.
(5)
City Council review.
(a)
The City Council may, on its own motion, vote to review the
Commission's recommendation, for the purpose of determining whether
the use should be certified as nonconforming, within 15 days of receipt
of the recommendation.
(b)
If the City Council decides to review the proposed certification,
the Clerk of the Council shall notify the Commission of the Council's
decision. Within 14 calendar days after receiving this notice, the
Commission shall transmit to the Council all materials submitted to
it in connection with the application.
(c)
The City Council shall conduct a public hearing on the application.
The City Clerk shall give at least 14 calendar days' notice of the
hearing to all persons of record and the Commission. Oral argument
shall be limited to the facts and information within the record before
the Commission.
(d)
After the close of the Council's hearing, a majority of the
City Council shall affirm, reverse, or modify the recommendation of
the Commission, or return the proposed certification to the Commission
to take further testimony or reconsider its recommendation.
(e)
The Council shall give its decision in writing, stating the
reasons for its action. Copies of the decision shall be sent to all
persons of record, the Planning Board, the Maryland-National Capital
Park and Planning Commission, and the Prince George's County Council
sitting as the District Council.
(6)
Commission review: public hearing.
(a)
Required hearing. If a copy of a valid use and occupancy permit
is not submitted with the application, if the documentary evidence
submitted is not satisfactory to the Commission to prove the commencing
date or continuity of the use, or if a public hearing has been requested
by any party of interest challenging the commencing date and/or continuity
of the use, the Commission shall conduct a public hearing on the application
for the purpose of determining whether the use should be certified
as nonconforming.
(b)
Application for certification. Whenever the Commission will
hold a hearing on a certification of the use as nonconforming, the
applicant shall complete the appropriate form provided by the Commission.
(c)
At least 14 calendar days prior to the public hearing, the Commission
shall send written notice of the date, time, and place of the hearing
to the applicant and to all persons of record.
(d)
Commission action.
[1]
The Commission may decide to recommend to either grant or deny
certification of the use as nonconforming. If it decides to recommend
that a nonconforming use actually exists and has continuously operated,
the Commission shall find that the conclusion it reaches is supported
by a preponderance of evidence.
[2]
The decision of the Commission shall be in the form of a recommendation
adopted at a regularly scheduled public meeting. The resolution shall
set forth findings of fact and conclusions of law in support of the
Commission's decision.
[3]
The Commission shall send a copy of the resolution to all persons
of record, the Mayor and City Council, the Maryland-National Capital
Park and Planning Commission, and the Prince George's County Council
sitting as the District Council.
(e)
Not less than 15 days after receipt of a recommendation of the Commission regarding certification, a majority of the City Council may adopt the recommendation of the Commission by consent, unless within that fifteen-day period, a Council member requests oral argument on the matter or exceptions and a request for oral argument are filed. Oral argument may only be requested by a Council member when a recommendation of the Commission is not unanimous or when it is alleged that the recommendation fails to comply with the criteria established herein. Procedure for the Council review shall be in accordance with § 190-10.
(f)
Exceptions to the Commission's recommendation regarding a certification may be filed by any party of record in accordance with § 190-10.
(g)
A copy of the final resolution shall be sent to all persons
of record, the Mayor and City Council, the Maryland-National Capital
Park and Planning Commission, and the Prince George's County Council
sitting as the District Council.
(7)
Applicability. This subsection shall not apply to nonconforming buildings
or structures occupied by conforming uses.
C.
Revocation of certification.
(1)
Upon a petition filed by the Prince George's County Director of Environmental
Resources or the Director of Public Services (or his designee), or
upon its own motion, the Commission shall hold a public hearing to
determine whether the certification of a nonconforming use should
be revoked. The Commission shall post the property with at least one
durable sign giving notice of the hearing at least 15 days prior to
the scheduled hearing date. The contents of the sign and the number
of signs required shall be determined by the Commission. All signs
posted must be conspicuous and legible. The applicant is responsible
for the maintenance of all signs. Additional notice may be given,
as determined by the Commission.
(2)
The Commission shall revoke the certification if it finds that either:
(a)
There was fraud or misrepresentation in obtaining the certification;
(b)
A certified nonconforming use has been discontinued for a period
of 180 or more consecutive calendar days, unless the conditions of
nonoperation were beyond the control of the owner or holder of the
use and occupancy permit; or
(c)
Any applicable requirements of the Prince George's County Zoning
Ordinance, Part 3, Division T, Subdivision 2, have not been met.
(3)
The Commission shall notify the Director of the Public Services Department
(or his designee) and the Prince George's County Planning Board of
a revocation. The Director, in turn, shall revoke the use and occupancy
permit for the nonconforming use.
(4)
The decision of the Commission may be appealed to or considered by
the City Council in the same manner as an original certification.
A.
The Commission and the Director of Planning and Community Development are authorized to consider minor changes to site plans for approved special exceptions, as provided in this section and §§ 190-13, 190-14 and 190-15. The Director may authorize staff to take any action the Director may take under this section. Applicant shall also comply with Section 27-250.01 of the Prince George's County Zoning Ordinance.
[Amended 8-11-2020 by Ord. No. 20-O-09]
B.
The Commission is authorized to recommend the minor changes listed in § 190-13 and any variance requested in conjunction with the minor change. The minor change request shall be in the form of an application filed with the Commission. The contents of the application shall be determined by the Commission. Along with filing the application, the applicant shall submit a revised site plan and shall pay the required fee. The Commission shall hold a hearing on the request in accordance with the rules of procedure established by the Commission. The Commission's recommendation shall be in the form of a resolution. Within 15 days of the decision, a copy of the resolution shall be sent to all persons of record and to the Mayor and City Council.
C.
If the change is finally approved, the revised site plan shall be
made a part of the record of the original application and a copy shall
be sent to the Maryland-National Capital Park and Planning Commission.
D.
The revised site plan shall comply with all applicable requirements
of this section and with any conditions, relating to the use, imposed
in the approval of the special exception or of any applicable Zoning
Map amendment, subdivision plat, or variance.
E.
Not less than 15 days after receipt of a recommendation of the Commission
regarding minor changes to special exceptions, a majority of the City
Council may adopt the recommendation of the Commission by consent,
unless within that fifteen-day period, a Council member requests oral
argument on the matter or exceptions and a request for oral argument
are filed. Oral argument may only be requested by a Council member
when a recommendation of the Commission is not unanimous or when it
is alleged that the recommendation fails to comply with the criteria
established herein. Failure of the City Council to act on the recommendation
of the Commission within 60 days of the receipt thereof shall result
in the denial of the request.
A.
The Commission is authorized to recommend the following minor changes:
D.
The Commission shall post the property with at least one durable
sign giving notice of the hearing at least 15 days prior to the scheduled
hearing date. The contents of the sign and the number of signs required
shall be determined by the Commission. All signs posted must be conspicuous
and legible. The applicant is responsible for the maintenance of all
signs. Additional notice may be given, as determined by the Commission.
A.
The Director of Planning and Community Development is authorized to recommend minor changes administratively, without public hearing, in cases listed in § 190-13, but only if the proposed minor changes are limited in scope and nature, including an increase in gross floor area or land covered by a structure other than a building up to 10%. The Director shall deny any administrative approval request proposing site plan changes which will have a significant impact on adjacent property.
[Amended 8-11-2020 by Ord. No. 20-O-09]
B.
Before recommending approval of a minor change, the Director shall
make all findings the Commission would be required to make, if it
reviewed the application.
C.
The Director is not authorized to waive requirements in the county
or City Zoning Ordinance, grant variances, or modify conditions, considerations,
or other requirements imposed by the Commission or City Council in
any case.
D.
The applicant's property shall be posted within 10 days of the Director's
acceptance of filing of the application. On and after the first day
of posting, the application may not be amended. The Commission shall
post the property with at least one durable sign giving notice of
the hearing at least 15 days prior to the scheduled hearing date.
The contents of the sign and the number of signs required shall be
determined by the Commission. All signs posted must be conspicuous
and legible. The applicant is responsible for the maintenance of all
signs. Additional notice may be given, as determined by the Commission.
E.
The Director may waive posting after determining, in writing, that
the proposed minor change is so limited in scope and nature that it
will have no appreciable impact on adjacent property.
F.
If posting is waived or a written request for public hearing is not
submitted within the posted time period, then the Director may act
on the application. The Director's approval concludes all proceedings.
A.
Changes of golf course site plans. Changes of a site plan for an
approved golf course may be permitted by the Commission or Director
of Planning and Community Development, if authorized, for any modifications
or additions which are found to be in accordance with the purposes
and uses generally associated with golf courses, including swimming
pools, tennis courts, and clubhouses/restaurants. The Commission shall
not approve any use previously disapproved as part of the original
special exception.
B.
Changes of pari-mutuel racetrack site plans. Changes of a site plan
for an approved pari-mutuel racetrack may be permitted by the Commission
or Director of Planning and Community Development, if authorized,
for any modifications related to racetrack activities, upon submittal
of a letter from the Maryland Racing Commission advising that the
modifications have been directed or approved by the Commission and
are necessary to benefit racing. The Commission shall not approve
any use previously disapproved as part of the original special exception.
C.
Changes of gas station site plans. The Commission and Director of Planning and Community Development may permit the following modifications under the procedures in this subsection and in §§ 190-12 and 190-14:
(1)
The enlargement or relocation of pump islands;
(2)
The addition of one pump island;
(3)
The addition, relocation, or modification of a fence, kiosk, island
shelter, island canopy, storage area, trash enclosure, vending area,
or lavatory facility;
(4)
The addition, relocation, or modification of an accessory building
used solely for the storage of automotive replacement parts or accessories.
The accessory building shall be wholly enclosed. The building shall
either be constructed of brick (or another building material similar
in appearance to that of the main structure) and placed on a permanent
foundation, or it shall be entirely surrounded with screening material.
Screening shall consist of a wall, fence, or sight-tight landscaping
material, which shall be at least as high as the accessory building.
The type of screening shall be approved as a part of the minor change;
D.
Changes of adaptive reuse of surplus public school site plans. Changes
of a site plan for an approved adaptive reuse of a surplus public
school may be permitted by the Commission or Director of Planning
and Community Development, if authorized, for the following modifications:
(1)
The relocation or addition of porches, patios, decks, exterior stairways,
and the like;
(2)
The relocation or addition of accessory storage buildings, playground
equipment, picnic areas, barbecue pits, bicycle and pedestrian ways,
and the like;
(3)
The relocation or addition of driveways and off-street parking lots
and loading areas;
(4)
The relocation or addition of landscaping or screening areas;
(5)
The relocation or addition of fences and retaining walls; and
(6)
The relocation of freestanding business signs.
E.
Changes of multifamily housing for elderly/handicapped site plans.
Changes of a site plan for approved multifamily housing for the elderly
and/or handicapped may be permitted by the Commission or Director
of Planning and Community Development, if authorized, in order to
increase the amount of off-street parking. The Commission shall not
approve any change previously proposed and specifically disapproved
as part of the original special exception.
F.
Changes of drive-in and fast-food restaurant site plans. Changes of a site plan for an approved drive-in or fast-food restaurant may be permitted under the site plan amendment procedures in Section 27-324 of the Prince George's County Zoning Ordinance. The Commission may permit the following modifications under the procedures in §§ 190-12 and 190-14 above:
(1)
The addition, relocation, or modification of a freezer on the sides
or rear of the restaurant building;
(2)
The addition, relocation, or modification of gross floor area in
order to provide rest rooms to serve the physically handicapped;
(3)
The addition, relocation, or modification of vestibules above and
around points of access to the restaurant building;
(4)
The addition, relocation, or modification of a fence, storage area,
or trash enclosure; or
G.
Changes of site plans for uses within a Chesapeake Bay Critical Area
Overlay Zone. Changes of a site plan for an approved use within a
Chesapeake Bay Critical Area Overlay Zone may be approved by the Commission,
if such changes are necessary in order to conform to the approved
conservation plan and conservation agreement. The Commission shall
not approve any change previously proposed and specifically disapproved
as part of the original special exception.
H.
Changes of site plans necessitated by erosion/sediment control or
stormwater management regulations. Changes of a site plan not otherwise
provided for in this article, for an approved use for which on-site
erosion/sediment control or stormwater management facilities are required,
may be permitted by the Commission or Director of Planning and Community
Development, if authorized, provided that:
(1)
Such changes are the minimum necessary in order to conform to the
approved plans for the required erosion/sediment control or stormwater
management facilities and do not include the relocation of stormwater
management facilities onto land not proposed for development; and
(2)
The agency having jurisdiction over approval of those plans advised
the Commission that development in accordance with the approved special
exception site plan would result in a violation of erosion/sediment
control or stormwater management regulations.
I.
Changes of site plans for public electric utility uses or structures.
The Commission or Director of Planning and Community Development,
if authorized, may permit changes to a site plan for approved public
electric utility uses or structures for the addition, relocation,
or modification of foundations and equipment, including ground wires,
control houses, and associated structures, within the existing fence
line.
A.
The standards contained in the Prince George's County Landscape Manual
are intended to encourage development which is economically viable
and environmentally sound. The standards are not intended to be arbitrary
or to inhibit creative solutions. Project conditions may justify approval
of alternative methods of compliance with standards. Conditions may
arise where normal compliance is impractical or impossible or where
maximum achievement of the purposes of this manual can only be obtained
through alternative compliance. Requests for alternative compliance
may be approved for any application to which the requirements of the
Prince George's County Landscape Manual apply, except for applications
for alternative compliance from landscaping requirements that are
in conjunction with another approval upon which the Prince George's
County District Council or the Prince George's County Planning Board
make a decision, when one or more of the following conditions are
present:
(1)
Topography, soil, vegetation or other site conditions are such that
full compliance is impossible or impractical, or improved environmental
quality would result from the alternative compliance.
(2)
Space limitations, unusually shaped lots, and prevailing practices
in the surrounding neighborhood in-fill sites, and for improvements
and redevelopment in older communities.
(3)
Change of use on an existing site increases the buffer required by
Section 4.7, Buffering and Compatible Uses, of the Prince George's
County Landscape Manual more than it is feasible to provide.
(4)
Safety considerations make alternative compliance necessary.
(5)
An alternative compliance proposal is equal or better than normal
compliance in its ability to fulfill the design criteria in Section
3, Landscape Elements and Design Criteria, of the Prince George's
County Landscape Manual.
B.
A proposed alternative compliance measure must be equally effective
than normal compliance in terms of quality, durability, hardiness,
and ability to fulfill the design criteria in Section 3 of the Prince
George's County Landscape Manual.
C.
Alternative compliance shall be limited to the specific project under
consideration and shall not establish precedents for approval in other
cases.
D.
A request for alternative compliance shall be submitted to the Director
of Planning and Community Development (or designee) at the time the
application is submitted. The Commission shall post the property with
at least one durable sign giving notice of the application at least
15 days prior to the date on which the application will be considered.
The contents of the sign and the number of signs required shall be
determined by the Commission. All signs posted must be conspicuous
and legible. The applicant is responsible for the maintenance of all
signs. Notice of the application and date upon which it will be considered
shall be sent, by certified mail, return receipt requested, to the
owners of abutting property (including those properties directly across
a street, alley or stream). Any request for a hearing on the said
application must be received on or before the date of consideration.
[Amended 8-11-2020 by Ord. No. 20-O-09]
E.
In the case of those applications for which no public hearing is
required, the decision of the Director of Planning and Community Development
will be final, unless an appeal of the decision to the Commission
is made within 15 days.
F.
Requests for alternative compliance shall be accompanied by sufficient
written, graphic and/or photographic explanation and justification
to allow appropriate evaluation and decision. (See Appendix 1, Alternative
Compliance Submittal Checklist.)[1]
[1]
Editor's Note: Said checklist is available in the City offices.
G.
In a situation where compliance with the Prince George's County Landscape Manual is not possible, and there is no feasible proposal for alternative compliance which is, in the judgment of the Director of Planning and Community Development (or designee), equally effective than normal compliance, then the applicant may seek relief by applying for a departure from design standards in accordance with § 190-9.
[Amended 8-11-2020 by Ord. No. 20-O-09]
[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]
A.
The provisions of Subtitle 27, Zoning, Part 12, Signs,
Division 1, General; Division 2, Administration, Subdivision 1, Permits,
and Subdivision 2, Nonconforming use signs and nonconforming signs;
and Division 3, Design standards, of the Prince George's County Code,
as amended from time to time, are hereby adopted and incorporated
herein by reference. Any sign erected in violation of the aforementioned
provisions of the Prince George's County Code shall be an illegal
sign.
B.
Enforcement.
(1)
Whenever the Director of the Department of Public
Services of the City of College Park (or his designated representative)
determines that a sign is unsafe, he shall issue a written notice
of violation directing that the sign be made safe or removed. The
person owning or using the sign or, in the case of a gateway sign,
the homeowners' association ("HOA") or other entity responsible for
the maintenance of the sign shall comply with the notice of violation
within five days after the person, HOA or other entity received the
notice of violation. In the event that the Director of Public Works
(or his designee) determines that a sign presents an immediate danger
to the public safety, the unsafe sign shall be made safe or removed
immediately, without any delay or written notice of violation.
(2)
Whenever the Director of the Department of Public Services of the City of College Park (or his designated representative) determines that a sign violates any of the requirements of the Prince George's County Code, adopted in Subsection A of this section, such sign shall be deemed an illegal sign and he shall issue a written notice of violation directing that the sign be made to conform to all the requirements of the Prince George's County Code adopted in Subsection A of this section or removed. The person owning or using the sign or, in the case of a gateway sign, the homeowners' association or other entity responsible for the maintenance of the sign shall comply with the notice of violation within five days after the person, HOA or entity receives the notice of violation.
(3)
If the unsafe or illegal sign is not corrected or
removed in accordance with a notice of violation issued by the Director
of the Department of Public Services of the City of College Park (or
his designated representative) the Director of the Department of Public
Services (or his designated representative) shall cause the sign to
be removed. The cost of removal shall be borne by the owner, user,
homeowners' association or entity responsible for the sign and shall
be assessed against the property and shall constitute a lien collectible
in the same manner as real property taxes.
(4)
Failure to make safe or remove an unsafe or illegal
sign within the time allotted shall result in the issuance of a citation.
(5)
Any person affected by any notice of violation which has been issued in connection with this matter may request a hearing on the matter before the Advisory Planning Commision, provided that such person shall, within 10 days after service of a notice of violation, file in the office of the Department of Public Services a signed written notice of appeal requesting a hearing and setting forth a brief statement of the reasons therefor. Upon receipt of such notice of appeal, the Public Services Department shall forthwith notify the Commission and the Commission shall set a time and place for such hearing and shall give the person appealing and the Code Enforcement Officer involved notice thereof. Section 125-4 of the City Code shall govern the conduct of the hearing.
[Amended 9-24-2002 by Ord. No. 02-O-3]
C.
Notice of violation. A notice of violation issued pursuant to Subsection B above shall, at a minimum:
(1)
Be in writing.
(2)
Include a statement of the reasons why it is being
issued.
(3)
Allow five days from the date of receipt for corrective
action, unless the sign presents an immediate danger to the public
safety, in which case the sign shall be made safe or removed immediately.
(4)
Be served upon the owner or user of the sign. Such
notice shall be deemed to be properly served if a copy is served on
the person personally or is sent by certified mail. However, where
a sign presents an immediate danger to the public safety and must
be removed immediately, notice shall be deemed to be properly served
if posted on the property.
(5)
State that the notice constitutes the only notice
which the person will receive regarding a violation of this section
for the calendar year in which the notice is issued and that no further
notice will be issued for any repeat violation during the same calendar
year and that a citation shall issue immediately for any repeat violation
during the calendar year.
[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.
