[Revised, effective 12-12-1989; amended 1-18-2022 by Ord. No. 21-O-12]
A.
The rules and regulations for the construction of buildings known
as the "Building Code of Prince George's County, Maryland," as
amended, including references therein to the following referenced
codes and cumulative supplements thereto, is hereby adopted as the
Building Code for the Town of University Park for the control of buildings,
structures and grading; and is hereby established and made a part
hereof and will be followed and complied with by all builders, contractors,
and individuals, where said provisions are not in conflict with or
different from the specific provisions of this chapter or the building
restrictions which are incorporated in applicable deeds of conveyance
and/or restrictive covenants:
(1)
The International Building Code;
(2)
The International Mechanical Code;
(3)
The International Energy Conservation Code, 2018 Edition (hereinafter
referred to as the "IECC"); and
(4)
The International Residential Code for One- and Two-Family Dwellings,
2018 Edition (hereinafter referred to as the "IRC");
(5)
The International Swimming Pool and Spa Code, 2018 Edition (hereinafter
referred to as the "ISPSC");
(6)
The International Existing Building Code 2018 Edition (hereinafter
referred to as the "IEBC").
B.
Updated standards. Where existing standards or requirements adopted
herein have been updated or superseded by the promulgating authority,
such revised standard or requirement shall be deemed as the current
code adopted and as prima facie evidence of compliance with the intent
of the chapter.
C.
Conflict with the Washington Suburban Sanitary Commission Plumbing
and Fuel Gas Code: if a conflict exists between the standards or requirements
set forth in the adopted codes and the standards and requirements
for plumbing and gas fitting as set forth in the Washington Suburban
Sanitary Commission Plumbing and Fuel Gas Code, the standards or requirements
set forth in the latter shall govern.
D.
The adoption of this section shall include incorporation by reference
of future amendments to the Prince George's County Building Code.
As used in this chapter, the following terms mean;
The setback line established by the Prince George's County
Zoning Code for the R-55 Zone and RSF-65 Zone, by plat, or by covenant
or agreement, whichever is applicable, beyond which no part of a main
building or other structure may extend.
[Revised effective 2-28-1998; amended 12-7-2020 by Ord. No. 20-O-09]
Any structure, wall, retaining wall, barrier, partition or
combination thereof erected for the purpose or with the effect of
enclosing a piece of land, dividing a piece of land into distinct
portions, separating two contiguous estates, or stopping and/or creating
an obstacle to pedestrian crossings, or consisting of a section or
sections of any type or fencing material, including chain, railing,
arbor, or trellis, or any other type of similar structure constructed
or set in place and made of any material such as bricks, blocks, stones,
wood, iron, wire, plastics, concrete or any other building or construction
material. Fence does not include underground, invisible animal restraint
barriers.
[Amended 12-7-2020 by Ord. No. 20-O-09]
The line running along the "front of the lot" and separating
it from the street. In this article, the front lot line is also called
the front street line. In a through lot, all lines abutting the streets
are front street lines.
[Added 1-18-2022 by Ord. No. 21-O-12]
All that area between an existing or proposed street, alley
or roadway, and the front building restriction line extending from
side to side on the property. If the main building on the lot is not
contiguous with the front building restriction line, then the front
yard is that area between an existing or proposed street, alley or
roadway and a line running parallel to the existing or proposed street,
alley or roadway across the front of the main building (or its enclosed
or covered projection) and running the full width of the lot.[1]
[Amended 1-18-2022 by Ord. No. 21-O-12]
The lot line generally opposite or parallel to the front
street, except in a through lot, which has no rear lot line. If a
rear lot line is less than 10 feet long, or the lot comes to a point
at the rear, said rear lot line is assumed to be a line at least 10
feet long, lying wholly within the lot, parallel to the chord of the
arc of said front street line.
[Amended 1-18-2022 by Ord. No. 21-O-12]
The yard extending across the width of a lot, between the
rear lot line and the nearest part of a "main building" (or its enclosed
or covered projection). A through lot has no rear yard.
[Amended 1-18-2022 by Ord. No. 21-O-12]
Any lot line other than a front street line or a rear lot
line. A side lot line separating the lot from a street is a side street
line. In the absence of a front street line, all lot lines are side
lot lines.
[Added 1-18-2022 by Ord. No. 21-O-12]
The yard between the side lot line or side street line and
the nearest part of a main building (or its enclosed or covered projection),
extending from the front yard to the rear yard or, in the absence
of either of these yards, to the front street line and rear lot line.
In the absence of a front street line, all yard are side yards. In
a through lot, any yard that does not abut a street is a side yard.
[Amended 1-18-2022 by Ord. No. 21-O-12]
[1]
Editor's Note: The former definition of "minor construction,"
which immediately followed, was repealed 1-18-2022 by Ord. No. 21-O-12.
[Revised, effective 2-6-1983; amended 1-18-2022 by Ord. No. 21-O-12]
No person shall construct or erect any building, structural
addition, accessory building, fence, swimming pool, hot tub, patio,
driveways or walkways that cross Town rights-of-way, or other improvement;
or move or demolish any sound structure or improvement, without a
valid building permit issued by the Clerk or designee. A permit is
not required for the demolition or removal of fences or collapsed
structures, or for decorative or preventative maintenance. No construction
or demolition requiring a permit shall proceed without a validly issued
permit being prominently displayed for inspection at the site of construction.
[Revised, effective 12-12-1989; revised 5-12-2003; 1-18-2022 by Ord. No. 21-O-12]
A.
Applications for Building Permits. All applications for building
permits shall be made to the Office of the Mayor and shall be accompanied
by a non-refundable filing fee of $50 and the plans and specifications
for the work to be done. The plans and specifications shall be accompanied
by a survey and a plat of the lot with the location and plan of the
structure or structures indicated thereon together with an approved,
valid county permit. All applicants shall include the name of the
owner, lot and block number, kind of structure, number of stories,
structure dimensions, lot coverage and location on the lot, projected
use, estimated value of the work to be done, and zoning approval.
The fee for any required review by an engineer, to include without
limitation for storm water management review, shall be paid by the
permit applicant. Whenever any work for which a permit is required
under this article has been started prior to obtaining a permit, a
special review shall be made before the permit is considered and a
special review fee of $100 shall be due and payable, in addition to
any other fee noted herein, at the time of filing the application
for the required permit. Upon approval by the Town of the application,
the applicant shall pay to the Town Clerk an additional permit fee
which shall be calculated by multiplying the permit fee computed by
the county pursuant to § 4-352, by a multiplier of 0.1.
The permit fee and any special review fees shall be paid in full prior
to the issuance of the permit.
B.
Procedures. To be eligible for consideration, completed permit applications
must be submitted to the Office of the Mayor. All permits except permits
requiring a variance will be approved and issued administratively
through the Office of the Mayor. Permit applications that require
a variance must be approved by the Mayor and Council and must be submitted
to the Office of the Mayor at least five calendar days prior to the
date of the meeting at which consideration of the permit is requested.
Permits requiring a variance will be considered by the Council at
a public meeting. The granting of a permit shall certify to the county
that the Town has approved the proposed activity. All application
fees are nonrefundable and all plans and specifications submitted
to the Office of the Mayor shall be kept on file for public inspection,
as required by state law. The Office of the Mayor will report the
permits that have been issued at least monthly to the Council.
[Amended 10-19-2022 by Ord. No. 22-O-07]
[Amended Revised, effective 12-12-1989; 1-18-2022 by Ord. No. 21-O-12]
A.
Building and construction: general prohibitions.
(1)
No person or persons shall erect any structure, or make any alterations,
repairs or additions to any existing structure, and no permit shall
issue therefore, unless said structure alterations, repairs and/or
additions conform to the building restrictions set forth in this chapter
and restrictions which are or may be incorporated in applicable deeds
of conveyance and restrictive covenants.
(2)
All houses in the Town shall be built and used for residence purposes
exclusively, except accessory buildings for use in connection with
such residences, and no trade, business, manufacture or sales, or
nuisance of any kind shall be carried on or permitted upon any premises,
except as provided in the Prince George's County Zoning Ordinance,
as amended and applicable Town zoning rules and regulations.
(3)
No permit shall be issued for the construction of any dwelling unless
it shall be located to conform to the requirements and covenants of
any applicable deeds of conveyance and/or restrictive covenants.
(4)
Construction of exposed metal chimneys is prohibited.
(5)
No outbuilding or other accessory building, or alteration or addition
to such existing outbuilding, may be constructed of metal.
B.
Zoning. Permits shall be issued in compliance with the County Zoning
Ordinance, including setback requirements.
The Mayor and Council may require an applicant to post a bond.
The bond shall be in the amount set by the Mayor and Council by resolution
and shall cover the potential costs of repairing or cleaning public
ways damaged or littered during the construction or removal of a building.
When the work is completed, the Treasurer shall return to the permit
holder the bond less the amount of any expenses incurred by the Town
from cleaning or repairing.
[Amended 1-18-2022 by Ord. No. 21-O-12]
Any minor change in a project for which a building permit has
been issued shall be submitted for approval by the Mayor as an amendment
to the plans and specifications of the project. A stop-work order
may be issued against any person violating this section.
[Revised, effective 12-12-1989; amended 1-18-2022 by Ord. No. 21-O-12]
A.
Right of inspection. The Town shall have the right to inspect any
activity for which a building permit has been issued and/or requested.
This right of inspection shall be exercised only during reasonable
hours of the day and shall extend through the duration of the activity.
B.
Penalties. The Council may revoke and/or refuse to issue, the permit
of any person or his agent who impedes or refuses an inspection, or
who deviates from the plans or specifications unless amended.
[Revised, effective 11-17-1982; amended 1-18-2022 by Ord. No. 21-O-12]
Persons engaged in activities regulated by building permits
may occupy street space with building materials with the consent of
and for the time period allotted by the Council, subject to approved
conditions.
[Amended effective 2-28-1998; amended 12-7-2020 by Ord. No. 20-O-09]
A.
No fence within the Town shall:
(1)
Exceed four feet in height in the side yard, and six feet in height
in the rear yard, from existing finished grade. The height of a fence
is measured from the top of the fence to the grade on the side of
the fence where the grade is the lowest.
(3)
Impede or interfere with the natural flow of surface water from adjoining
property.
(4)
Be constructed so as to encroach into the public right-of-way.
(5)
Be constructed, reconstructed or replaced in whole or in part with
barbed wire.
(6)
Be constructed with chain link if exceeding four feet in height.
B.
A fence may be erected or maintained in the side or rear yard of the property, but shall not be erected beyond the front building restriction line for any existing or proposed street, as defined in Chapter 1 of this Code, that borders the property, except as provided in Subsection C of this section and as follows:
(1)
If the main building on the lot to be fenced extends beyond the front
building restriction line for a bordering street, then a side or rear
yard fence may be constructed along a parallel line from the rear
corner of the main building to the rear of the lot.
(2)
If there are no houses facing the street on that side of the block
on which a side or rear yard fence is to be built, then it may be
constructed to the side or rear lot line.
C.
Retaining walls built to retain or support the lateral pressure of
earth or water or other superimposed load shall be designed and constructed
of approved masonry, reinforced concrete, steel sheet piling, or other
approved materials within the allowable stresses of acceptable engineering
practices. Retaining walls may be constructed where necessary in the
front, side, or rear yard, but shall not extend more than one foot
above finished grade, except that a railing or fence as required for
health and safety reasons by Prince George's County may be placed
as approved on retaining walls.
(1)
Retaining walls shall be designed to resist the pressure of the retained
material, including both dead and live load surcharges, to which they
may be subjected, and to ensure stability against overturning, sliding,
excessive foundation pressure, and water uplift.
(2)
Unless drainage is provided, the hydrostatic head of water pressure
shall be assumed equal to the height of the wall.
(3)
All masonry retaining walls other than reinforced concrete walls
shall be protected with an approved coping.
D.
Notwithstanding any other provision of this section, the Common Council
shall not authorize the construction of any fence, wall, or combination,
which will adversely affect the public health, safety, welfare or
comfort.
E.
This section shall apply to all new fences constructed, reconstructed,
or replaced on or after the effective date of this section and to
any fence, wall, or combination which encroaches on the public right-of-way.
This section shall not apply to the reconstruction or replacement,
with similar dimensions, placement and materials, of any fence in
existence or properly permitted before the effective date of this
section, or for which a special exception has previously been granted
by the Council, regardless of when it was first constructed.
F.
Notwithstanding any other provision of this section, chicken wire
may not be utilized to construct, reconstruct, or replace any fence
which abuts or is within four feet of any existing or proposed street,
road, alley or public right-of-way, or abuts any property line of
an adjoining lot owned by another.
G.
Trellises and arbors up to six feet in height may be installed in
any area in which a fence may be constructed under this section. Trellises
and arbors between six and eight feet in height may be installed in
any area in which a fence may be constructed under this section, subject
to the restrictions of Sec. 27-420 of the Prince George's County Zoning
Code, as amended, prohibiting construction in required yards. Trellises
and arbors may not obscure visibility from adjoining properties.
[Amended 1-18-2022 by Ord. No. 21-O-12]
The provisions of Chapter 27, Zoning, § 27‐61500
et seq., “Signage,” of the Prince George's County Zoning
Ordinance, 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 Zoning Ordinance shall be
an illegal sign.
[Amended 1-18-2022 by Ord. No. 21-O-12]
A Town permit under which no work is commenced within six months
after the date of issuance, shall expire and become null and void
unless, prior to expiration, the permit is extended by the Mayor's
office.
[Revised, effective 12-12-1989; 2-28-1998; amended 1-18-2022 by Ord. No. 21-O-12]
A.
The Common
Council may consider an application for a special exception based
upon a particular case or situation, and may approve the application
provided that there is a showing of hardship, unique topography, unusual
circumstances or safety considerations that warrant an exception.
Special exceptions shall be granted by the Council only if it finds
that such exception:
(1)
Will not adversely affect the public health, safety, welfare or interest,
nor the reasonable use of adjoining properties;
(2)
Will not violate any covenants applicable to the property;
(3)
Can be granted without substantial impairment of the purpose and
intent of the Town building regulations;
(4)
Will not interfere with or obstruct the visibility of motorists or
cyclists; and
(5)
Will not unduly impede the enforcement of any other applicable law.
B.
All abutting
and confronting owners to the property shall be notified in writing
at least 10 days prior to a Council meeting at which a request for
a special exception will be considered.
[Revised 4-9-1991]
A failure to comply with the provisions of this article shall constitute an infraction. Any violation of §§ 4-103 through 4-114 of this chapter shall be subject to a penalty of $200. A continuing failure to obtain a building permit required by this article after a citation has issued shall be subject to § 1-106J of this Code. However, no additional citation shall be issued after a permit application has been filed and is pending before the Mayor and Common Council and no further construction has occurred since the issuance of the initial citation.
[Revised, effective 12-12-1989]
The Council shall pass such rules and regulations as are consistent
with the purpose, intent and enforcement of this article.
