[Added 11-3-2003 by HO-2003-07,
amended 5-3-2005 by HR 05-06, 2-8-2014 by HO 2014-01]
A.
BUILDING RESTRICTION LINE
FENCE
FRONT YARD
HEIGHT
REAR YARD
RETAINING WALL or WALL
SIDE YARD
Definitions. In this chapter the following words shall have the following
meaning:
The building setback requirement established by the Prince
George's County Zoning Ordinance which establishes the closest
point to a street that a building may be constructed in the zone in
question.
Any structure, barrier, partition or hedge having the effect
of or erected or placed for the purpose 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;
and consisting of a section or sections of any type of plants, fencing
material, chain, railing, arbor, trellis, blocks, bricks, stones,
wood, iron wire, plastics, concrete or any other building or construction
material; provided, however, that a structure or hedge which is solely
for decorative purposes shall not constitute a fence, as long as such
structure or hedge does not exceed three feet in height, and provided
that such structure or hedge on any lot does not, in total, consist
of more than four eight foot long sections, with no more than two
such sections being connected or located within 12 feet of each other.
The length of the materials shall be measured at their longest point.
Such decorative structures shall be landscaped along their total length
with bushes, shrubs, plants or flowers.
All that area between a paved street and a line running (parallel
to the street) the full length of the lot along either the front of
the building or the building restriction line (whichever area is greater).
In the event the building is in front of the building restriction
line, the line shall be drawn at the front of the house or the main
building on the lot in question. Any unimproved adjacent lot owned
by the same owner as the improved lot shall use the same lines as
the improved lot to define the front yard. A lot can have only one
front yard.
The distance between the finished grade of ground on the
lower side and the top of the fence or hedge.
All that area between the back property line and a line drawn
across the rear of the house or main building of the lot in question
and running the width of the lot. A lot can have only one rear yard.
A barrier built to retain or support the lateral pressure
of earth or water or other superimposed loads.
All the area which is not considered front yard or rear yard,
ordinarily between the front and rear yard.
B.
Purpose. It is the intent and purpose of this section to protect
the public health, safety and general welfare of the City of Hyattsville
and its residents by generally regulating the placement of fences
on property. Such regulation shall, among other things: permit the
rapid, free and unobstructed access to buildings by emergency vehicles,
personnel and equipment; allow for the unobstructed establishment,
maintenance and creation of public rights-of-way along the streets
and sidewalks in the City; prevent the obstruction or reduction, by
man-made structures, of visibility at corners, driveways and intersections
for drivers and pedestrians; add to the attractiveness and comfort
of the residential district; create a better home environment in the
City; preserve an area which is generally regarded by the public as
pleasing to the eye; and preserve, improve and protect the general
character of lands within the City and the improvements thereon.
C.
General regulations. The following regulations apply on all lots
in the City:
(1)
Front yards.
(a)
Except as hereinafter provided, fences over four feet in height
are prohibited in the front yard.
(b)
Retaining walls constructed in the front yard extending along
the street for more than four feet shall not be more than one foot
above the higher side grade of any lot.
(c)
A front yard fence (except a hedge or fence made primarily from
growing plant) shall be 35% open (visible through), when viewed perpendicular
to the fence except when the fence is within 15 feet of a paved street
or alley or driveway in which case it must be 50% visible through
when viewed perpendicular to the fence.
(d)
Any hedge or shrubbery must be trimmed so that it does not impede
the progress or the visibility of motor vehicles and passersby.
(2)
Side yard fences. Except as otherwise provided herein, a fence may
be located in any part of the side yard of a lot.
(3)
Rear yard fences. Except as otherwise provided herein, fences are
allowed in the rear yard. Fences in rear yards where the rear lot
line is a continuation of the front yard line of the adjacent lot
shall be set back 15 feet from the property line.
(4)
No fence shall exceed six feet in height.
(5)
Regardless of the above regulations, at the intersection of all streets,
alleys and driveways, no fence over three feet shall be within 15
feet of the paved street or alley.
(6)
On all commercial or multifamily residential property, the finished
face of retaining walls and fences shall be limited to the following
materials: brick, stone, stucco, iron and aluminum. All other materials
shall require an exception.
(7)
All fences or retaining walls legally existing on June 30, 2003 which
do not comply with the general restrictions 1-6 above shall be deemed
legal nonconforming uses. However, a hedge that qualifies as a fence
shall not be a legal nonconforming use unless the life of the entire
hedge is threatened by conforming to this code. A replacement fence
or wall except as provided below in #8 shall conform to the requirements
of this chapter. A replacement means 50% or more of the fence or wall
being replaced within one calendar year.
(8)
A fence or retaining wall deemed to be a legal nonconforming use
under this subsection which has been removed or destroyed through
no fault of, and due to circumstances beyond the control of the owner,
(except for natural aging) may be replaced or repaired in a manner
substantially identical in all material respects to the fence so removed
or destroyed provided it is repaired or replaced within 180 days from
the date of the removal or damage. If any portion of a fence or wall
is replaced with a fence or wall using a different material or style
for such fence or wall or varying the height or length of such fence
or wall, the owner or his agent must apply for an exception. Nothing
contained in this subsection shall be construed to prohibit the maintenance
and repair of a nonconforming fence or wall as long as the fence or
wall is not changed in character and repairs are made with materials
substantially the same as the materials requiring maintenance or repair.
(9)
All fences and retaining walls placed or completed after June 30,
2003 shall conform to the requirements of this chapter.
(10)
No fence made in whole or in part of barbed wire or chicken wire
shall be erected or constructed along or adjacent to any street, avenue,
road, alley, public walk, nor immediately adjacent to an adjoining
lot or property line.
(11)
No fence or retaining wall, the design or construction of which would
be detrimental to the public welfare, health, safety or comfort of
the citizens of the City will be permitted to be erected.
(12)
Any protective railings, fences, retaining walls or barriers, which
do not conform to the provisions of this code due to either the location,
dimensions, materials or open percentage, will be required to receive
an exception.
(13)
No gate shall swing outward on any public road, sidewalk, or public
passageway within the City.
(14)
No person shall allow or cause to be built or placed any retaining
wall or fence, or combination thereof, which does not meet all design
and construction specifications of the Prince George's County
Building Code.
(15)
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.
(16)
All fences and retaining walls must be maintained in a structurally
safe and sound manner and in good repair.
(17)
No fences or retaining wall may be erected or put in place or repaired
for more than 25% of its surface without first obtaining a permit
from the City. A late fee of $25 shall be assessed for failing to
apply for a permit before beginning work on the fence or retaining
wall. The City will issue a permit unless the proposed action does
not conform to this code and no exception therefor has been granted.
The application for a permit shall contain all information relevant
and necessary to determine whether the particular permit may be issued,
including but not limited to:
D.
Exceptions. The Council may grant an exception to the above general regulations in Article II as provided herein.
(1)
Procedures.
(a)
Application. All requests for an exception shall be made by
application filed with the City. The City shall make available an
application form which shall require an accurate description of the
subject property, the exception being requested, the basis of the
request, and the addresses of adjacent property owners.
(b)
In addition to the application, the applicant shall submit the
following:
[1]
One copy of a site plan, survey or other graphic illustration
satisfactory to the City which accurately depicts the location of
all relevant features of the property, including but not limited to
structures, property lines, setback lines and all other features that,
when viewed together, result in the need for the requested exception.
The site plan, survey or other graphic illustration must also depict
the measurements of and between these features and the location, size
and scope of the requested exception; and
[2]
One copy of a written explanation by the applicant describing how the proposed use meets the relevant standards prescribed in Subsection D(5) below. The applicant must also verify that he/she has given written notice of the application and a summary of the exception requested to the immediately adjacent property owners (including those properties across a street, alley or stream).
(2)
Public hearing. Before making its decision on any application for
exception, the Council may hold a public hearing on the matter. Any
hearing shall be open to the public and records and minutes shall
be maintained at all such hearings. The Council shall issue a written
decision either granting, granting with modifications or conditions,
or denying the exception application within 30 days from the closing
of the hearing or as soon thereafter as may be reasonably possible.
The Council shall provide a copy of its written decision to the persons
of record.
(3)
Notice of hearing. Notice of the hearing shall be sent via mail,
postmarked not less than seven days prior to the date of the hearing
to the applicant. Additionally, notice of the hearing shall be sent
via mail to the owners of abutting property (including those properties
directly across a street, alley, or stream). The notice shall contain:
(4)
No refiling. If the Council denies an application for exception,
no further application concerning the same specific subject on the
same property may be filed for a period of two years from the date
of the decision.
(5)
Standard of review. An exception may only be granted by the Council
when:
(a)
The granting of the exception will not substantially impair
the intent, purposes or integrity of the policies of the City, will
not conflict with county law, and will not adversely affect the health,
safety, welfare or peace of the general public or nearby landowners;
and either.
(b)
A specific parcel of land has exceptional narrowness, shallowness,
or shape, exceptional topographic conditions or other extraordinary
situations or conditions; or
(c)
The strict application of the general regulations herein will
result in peculiar and unusual practical difficulties to, or exceptional
or undue hardship upon, the owner of the property.
(6)
Other laws. Nothing in this section shall be construed to relieve
the applicant of any other duties, obligations, restrictions or requirements,
including but not limited to permit requirements, of other sections
of the City Code, the Prince George's County Code, or any other
relevant laws, rules, ordinances or regulations.
(7)
The City Administrator may allow temporary fences for up to one full
year not in strict conformity with this chapter at construction or
excavation work sites in order to protect the safety of the public
and of the workers at the site. No barbed or razor wire shall be allowed.
