[Amended 3-15-2004 by
HO-2004-04, 5-3-2005 by HO-2005-06, 12-21-2015 by HO-2015-03]
A.
Notwithstanding the Prince George's County Code provisions relating
to impervious surface coverage, the impervious surface area of the
front yard of any residential property in the City of Hyattsville
shall not exceed 25% of the total area of the front yard.
B.
FRONT YARD
IMPERVIOUS SURFACE
Definitions.
In addition to the definition in this chapter, that for buildings
on corner lots where the building faces an intersection rather than
either of the streets, the front yard shall be the triangular area
between the paved streets and a line drawn across that side of the
building nearest the street and facing the intersection.
Includes, but is not limited to, concrete, asphalt, pavers, brick and gravel, and all paved and prepared drivable surfaces pursuant to § 114-72.1 of this Code. Non-drivable surfaces, including a sidewalk no wider than 42 inches, shall not be counted as impervious surface for purposes of this subsection.
C.
Any properly permitted impervious surface coverage existing on April
1, 2004 that does not comply with the restrictions contained in this
section shall be deemed a legal nonconforming use. Any replacement
of the impervious surface shall conform to the requirements of this
section. Replacement means any work on at least 50% of the impervious
surface for any reason.
[Amended 3-15-2004 by
HO-2004-04, 5-3-2005 by HO-2005-06]
A.
No person may install, widen, extend, or enlarge, or allow to remain in place any impervious surface, including gravel, in the front yard of residential property in the City of Hyattsville without first obtaining a paving and driveway permit pursuant to this section and to section 105-37 of this Code from the Department of Public Works. Further it shall be unlawful to allow to remain in place any impervious surface not in conformity with this Code. It shall be the policy of the City that the addition of gravel similar to the existing gravel over the existing gravel foot print shall be considered maintenance and shall not require a permit.
B.
The application for a permit shall contain all information relevant
and necessary to determine whether the permit may be issued, including,
but not limited to:
(1)
The applicant's full name, current address, telephone number
and proof of identity and the name, address and telephone number of
the property owner, if not the same as that of the applicant;
(2)
A full description of the proposed installation, including the material
to be installed, the amount of the material that will be installed,
the square footage of the area to be covered, and the specific location
on the property of the proposed installation; and
(3)
A site plan or other plan or plat acceptable to the Director of the
Department of Public Works drawn to scale reflecting the location
of all structures on the property, any and all existing impervious
surfaces, the total square footage of all impervious surfaces currently
located on the property, the total area of the lot or property in
question and the zoning of the property.
C.
At the time of filing a paving permit application, the applicant
shall pay a permit fee of $50. The permit fee shall accompany the
application. A late fee of $25 shall be assessed for failing to apply
for the permit prior to beginning work.
D.
The Department of Public Works shall be responsible for issuing permits or exceptions under this article. The application for a permit may be denied, granted or granted with reasonably necessary conditions. The applicant may appeal the denial of a permit or a special exception to the City Administrator or his/her designee pursuant to § 69-7 of this Code.
E.
The Head of the Department of Public Works or his/her designee may
grant an exception to the restriction contained in section 68-8(A)
above, when an applicant can prove to the Director's satisfaction:
(1)
That the applicant must exceed the impervious surface coverage limitation
in order to install such surface for medical reasons (i.e., To construct
a ramp to access a house or provide parking for a handicapped person
who resides at the property); or
(2)
That the applicant cannot otherwise provide for any off-street parking
on their property.
F.
The Department of Public Works may only grant an exception for the
minimum amount necessary and may impose reasonably necessary conditions.
In no event shall an exception allow the impervious surface area in
the front yard of a residential property to exceed a total of 50%
of the total area of the front yard or violate any county, state or
federal law as to impervious surfaces.
