[Amended by Ord. No. O-01-90]
[Amended 2-5-1990 by Ord. No. O-02-90; 12-17-1990 by Ord. No. O-30-90; 10-19-1992 by Ord. No. O-12-92; by Ord. No. O-19-92; by Ord. No. O-7-98, approved by District Council 7-28-1998]
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDING or ACCESSORY STRUCTURE
A building or structure subordinate and incidental to, and located on the same lot as, the principal structure and used for an accessory use; structures used for the benefit of a primary structure.
[Amended 4-17-2023 by Ord. No. O-3-23, approved by District Council 5-16-2023]
APPARENT FRONT YARD
The area of a residential lot between that part or parts of the principal structure that appear(s) to be its front because of its architectural features and orientation to a publicly dedicated street or private street or private parking area and the dedicated street.
[Amended 4-17-2023 by Ord. No. O-3-23, approved by District Council 5-16-2023]
CAMPING VEHICLE
A vehicle, originally manufactured for recreational purposes, which is self-propelled or capable of being towed by a passenger motor vehicle and which provides facilities for temporary camping or sleeping or both, including a unit designed to be carried by an open pickup truck. The term "camping vehicle" includes "travel trailer," "camper," "recreational vehicle," "motor home," and "truck camper."
[Amended 4-17-2023 by Ord. No. O-3-23, approved by District Council 5-16-2023]
CARGO TRAILER
Any vehicle which is capable of being towed by a passenger or commercial motor vehicle and designed or used to store, haul, or transport merchandise, freight, refuse, or other materials whether used for private or commercial purposes and all those vehicles which were converted from other uses for such purposes.
CARPORT
A roof projecting from the main building, capable of being used as a shelter for an operable vehicle, whether screened and/or partially enclosed or not.
COMMERCIAL/INDUSTRIAL BUILDING PRODUCTS AND MACHINERY
Welders, air compressors, steel building components, oil drums, blocks, lumber, bricks, stones, wire, plastics or any other building or construction material.
[Amended 12-3-2012 by Ord. No. O-9-12, approved by District Council 2-5-2013]
CONTROLLED HAZARDOUS SUBSTANCE
Any hazardous substance that the Maryland Department of the Environment or any successor department or agency identifies as a controlled hazardous substance or low-level nuclear waste.
[Amended 4-17-2023 by Ord. No. O-3-23, approved by District Council 5-16-2023]
FENCE
Any structure, barrier or partition having the effect of or erected 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 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 which is solely for decorative purposes shall not constitute a fence, as long as such structure does not exceed four feet in height, and provided that such structures on any residential lot do not, in total, consist of more than four eight-foot 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.
FRONT YARD
The area of a residential lot between the front of a principal structure and the publicly dedicated right-of-way, private right-of-way or parking area, extending the full width of the lot.
[Amended 4-17-2023 by Ord. No. O-3-23, approved by District Council 5-16-2023]
INOPERATIVE VEHICLE
A motor vehicle that is missing any of the following: its engine, tires, steering wheel, transmission, windows, fender, bumper, hood, or is not displaying valid license plates for that vehicle or is partially dismantled or wrecked or has one or more flat tires or that is otherwise unable to be moved under its own power.
[Amended 12-3-2012 by Ord. No. O-9-12, approved by District Council 2-5-2013; 4-17-2023 by Ord. No. O-3-23, approved by District Council 5-16-2023]
NEW DEVELOPMENT
Any development proposed within the City of Bowie for which building permit applications are submitted subsequent to the effective date of Ordinance No. O-02-90 of the City of Bowie, March 6, 1990.
[Amended 4-17-2023 by Ord. No. O-3-23, approved by District Council 5-16-2023]
PRINCIPAL STRUCTURE
For the purpose of establishing setbacks, the primary or predominant structure on any lot or parcel. For residential parcels or lots, the principal structure is the primary dwelling.
[Added 4-17-2023 by Ord. No. O-3-23, approved by District Council 5-16-2023]
PRIVATE PARKING GARAGE
A building used for housing private passenger vehicles, only one of which may be a commercial vehicle of the type allowed to be parked in the zone in which the garage is located. A private parking garage is also known as a residential garage. The garage shall be either an accessory building (detached) or part of or attached to the principal building or structure by a common wall.
[Amended 4-17-2023 by Ord. No. O-3-23, approved by District Council 5-16-2023]
REAR YARD
The area of a residential lot between the rear of the principal structure and the rear lot line, extending across the width of a lot between the side lot lines.
[Amended 4-17-2023 by Ord. No. O-3-23, approved by District Council 5-16-2023]
RESIDENTIAL BASE ZONE
Residential base zones shall be those zones identified in Prince George's County Code, Subtitle 27, Zoning Ordinance, Part 27-4, Zones and Zone Regulations, Section 27-4202, Residential Base Zones, as residential base zones.
[Added 4-17-2023 by Ord. No. O-3-23, approved by District Council 5-16-2023]
RESIDENTIAL STORAGE
The keeping or storing of items relating to, or items which are suitable for use in connection with, the place where one lives.
RURAL AND AGRICULTURAL BASE ZONES
Rural and agricultural base zones shall be those zones identified in Prince George's County Code, Subtitle 27, Zoning Ordinance, Part 27-4, Zones and Zone Regulations, Section 27-4201, Rural and Agricultural Base Zones, as rural and agricultural base zones.
[Added 4-17-2023 by Ord. No. O-3-23, approved by District Council 5-16-2023]
SIDE STREET YARD
The area of a lot on a corner or through corner lot that is not the apparent front yard but which abuts a publicly dedicated right-of-way, private right-of-way or parking area.
[Amended 4-17-2023 by Ord. No. O-3-23, approved by District Council 5-16-2023]
SIDE YARD
The area between the side lot line or side street line and the nearest part of a principal structure (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 yards are side yards.
[Amended 4-17-2023 by Ord. No. O-3-23, approved by District Council 5-16-2023]
STORAGE SHED or SHED
Any non-inhabitable small structure, either freestanding or attached to a larger structure, provided it is fully enclosed, used or designed to be used for the storage of tools and other items.
[Amended 4-17-2023 by Ord. No. O-3-23, approved by District Council 5-16-2023]
THROUGH CORNER LOT
A lot which abuts a publicly dedicated right-of-way, private right-of-way or parking area on three sides.
UNPAVED AREA
Any parking surface not completely covered by asphalt, brick, block, or concrete.
VEHICLE, COMMERCIAL
Any motor vehicle not qualifying as a camping vehicle or passenger vehicle as defined in this section that is designed or used for hauling or carrying freight, merchandise, passengers, equipment, supplies or tools of a trade for compensation or in furtherance of any commercial enterprise or any motor vehicle advertising a commercial enterprise with lettering exceeding four inches in height.
[Amended 4-17-2023 by Ord. No. O-3-23, approved by District Council 5-16-2023]
VEHICLE, PASSENGER
Any motor vehicle licensed by the State of Maryland as a Class A or Class D motor vehicle, or a panel van under 300 cubic foot load space capacity, and any pickup truck with a capacity of 3/4 of a ton or less, which has no lettering on the vehicle exceeding four inches in height.
[Amended 4-17-2023 by Ord. No. O-3-23, approved by District Council 5-16-2023]
WATERCRAFT
Jet skis, personal watercraft, powerboats, inflatable boats, catamarans, sailboats, and pontoon boats. Watercraft does not include canoes and kayaks, which are propelled by paddle or oar.
[Amended 12-3-2012 by Ord. No. O-9-12, approved by District Council 2-5-2013]
[Amended 6-17-1991 by Ord. No. O-16-91; by Ord. No. O-19-92; 5-16-1994 by Ord. No. O-10-94; 7-28-1998 by Ord. No. O-7-98; 11-6-2006 by Ord. No. O-9-06, approved by District Council 1-30-2007]
A. 
Purpose. It is the intent and purpose of this § 26-2 to protect the public health, safety, morals and general welfare of the City and its residents by generally restricting the placement of fences on residential lots. Such restriction shall, among other things: permit the rapid, free and unobstructed access to residences 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 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.
B. 
Rule of construction. In applying the fence restrictions contained in this § 26-2, the term "front yard" shall mean the "apparent front yard" and the side, side street and rear yards of any lot shall be determined by their relationship to the apparent front yard of the lot. For through corner lots, one yard abutting a publicly dedicated right-of-way, private right-of-way or parking area shall be determined to be the apparent front yard as defined herein, and the other two yards abutting publicly dedicated rights-of-way or parking areas shall be side street yards.
C. 
General standards.
[Added 4-17-2023 by Ord. No. O-3-23, approved by District Council 5-16-2023]
(1) 
Fences and walls shall be located outside of the public right-of-way.
(2) 
Unless otherwise prohibited, fences are allowed on the property line between two or more parcels of land held in private ownership.
(3) 
Nothing in this section shall be construed to prevent the installation of a required guard or fence on a retaining wall or other structure.
(4) 
Nothing in this section shall be construed to prevent the installation of temporary fencing to protect existing trees, limit sedimentation or control erosion.
(5) 
Fences located within utility easements or surface drainage easements shall receive written authorization from the easement holder, the City or the county, as appropriate. The City shall not be responsible for damage to, or the repair or replacement of, fences that must be removed to access utility easements or facilities.
D. 
Front yard fences.
[Amended by Ord. No. O-5-19, effective 7-1-2019, approved by District Council 10-1-2019; 4-17-2023 by Ord. No. O-3-23, approved by District Council 5-16-2023]
(1) 
Except as hereinafter provided, fences are prohibited between the front building line of any residential dwelling and any publicly dedicated street, private street or parking area.
(2) 
Notwithstanding the provisions of Subsection D(1) of this section, front yard fences may be constructed beyond the front building line of those dwellings located in the Huntington section of the City which were constructed prior to January 1, 1960; provided, however, that said fences:
(a) 
Shall not exceed four feet in height;
(b) 
Must be constructed of wood, cast iron or wire fencing materials, or other materials that are consistent with historic guidelines as established by the City, and, to the extent permitted by those guidelines, may incorporate stone and brick features; and
(c) 
Are subject to a City building permit.
E. 
Side street yard including corner lot fences.
[Amended 4-17-2023 by Ord. No. O-3-23, approved by District Council 5-16-2023]
(1) 
Except as hereinafter provided, on corner lots where the building restriction line of the side street yard is located 25 feet from the property line, fences are prohibited in the side yard. Fences in the rear yard on these corner lots shall be at least 15 feet from the property line at any given point along or abutting the side street; however, a fence may be located in any part of the side street yard of a lot where the side street yard lot line is a continuation of the rear yard lot line of the adjoining lot.
(2) 
Except as hereinafter provided, on corner lots where the building restriction line of the side street yard is located 15 feet from the property line or the abutting property is a dedicated open space or is subject to a conservation easement, is undeveloped and is owned by the federal, state, county or City government or a homeowners' association, fences are prohibited between the building restriction line and the side street; however, a fence may be located in any part of the side street yard of a lot where the side street yard lot line is a continuation of the rear yard lot line of the adjoining lot and a fence may be located in any part of the rear yard.
(3) 
Notwithstanding the provisions of Subsection E(1) of this section, side yard fences may be constructed between the side street yard building restriction line of any residential dwelling and any publicly dedicated street, private street or private parking area of those dwellings located in the Huntington section of the City which were constructed prior to January 1, 1960; provided, however, that said fences:
(a) 
Shall not exceed four feet in height;
(b) 
Must be constructed of wood, cast-iron or wire fencing materials, or other materials which replicate fence types which were consistent with historic guidelines as established by the City, and, to the extent permitted by those guidelines, may incorporate stone and brick features; and
(c) 
Are subject to a City building permit.
F. 
Rear yard fences. 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 25 feet from the property line.
G. 
All fences legally existing on November 24, 1992, the effective date of Ordinance No. O-19-92, which do not comply with this section shall be deemed nonconforming uses. All fences that are erected subsequent to the effective date of Ordinance No. O-19-92 that are intended to replace those fences deemed to be nonconforming uses shall conform to the requirements of this section. A fence deemed to be a nonconforming use under this subsection that has been removed or destroyed through no fault of the owner and due to circumstances beyond the owner's control may be replaced or repaired in a manner substantially identical in all material respects to the fence so removed or destroyed. Consideration shall be given to the similarity of such factors as materials, height, length and fence location between the original fence and the replacement fence. Nothing contained in this subsection shall be construed to prohibit the maintenance and repair of a nonconforming fence, provided that neither the fence posts nor the horizontal structural members of the fence running parallel to the ground are replaced, the fence is not changed in character, and the repairs are made with materials substantially the same as the materials requiring maintenance or repair. Repair shall mean ordinary repairs, to include the replacement in kind of post caps, gates, gate hardware, and vertical pickets. Neither maintenance nor repair shall include the relocation of any portion of a fence or a change in dimensions, design or materials.
[Amended by Ord. No. O-5-19, effective 7-1-2019, approved by District Council 10-1-2019; 4-17-2023 by Ord. No. O-3-23, approved by District Council 5-16-2023]
H. 
Variance. The Board of Appeals may allow a variance from the strict application of this section according to the procedures and standards set forth in § 26-15. Variances granted prior to the effective date of Ordinance No. O-3-23 shall remain in full force and effect.
[Amended 4-17-2023 by Ord. No. O-3-23, approved by District Council 5-16-2023]
I. 
Temporary fences; model homes. The provisions of this section do not prohibit the temporary placement of fences between the building restriction line of a model home and a dedicated street during the period of initial sales for a new residential development provided the following conditions are met:
(1) 
The fence may be placed during the marketing stage of the development only and must be removed immediately upon termination of the home's use as a sales model.
(2) 
The fence must be conspicuously posted that it is for marketing purposes only and that front yard fences are prohibited pursuant to the Bowie City Code.
(3) 
A statement must be included in both the sales contract for a new home, either in the sales document or by addendum, and in the residential development's covenants clearly stating the Bowie City Code prohibits the fence as displayed and that it will not be allowed in the development.
J. 
Fences and walls (including retaining walls) more than six feet high may not be located in any required yard and shall meet the setback requirements for main buildings.
[Amended by Ord. No. O-5-19, effective 7-1-2019, approved by District Council 10-1-2019]
[Amended 12-3-2012 by Ord. No. O-9-12, approved by District Council 2-5-2013]
A. 
No owner, occupant, or lessee of property within the City may permit the storage, parking or repair of inoperative vehicles, camping vehicles or any trailers not displaying valid registration plates or having one or more flat tires or missing parts on any residential lot at any time, except within a private parking garage. Prior to the issuance of a citation pursuant to this section, notice shall be given to the owner, occupant or lessee of the alleged violation offering an opportunity to abate the violation prior to the issuance of a citation. The notice must be in writing and served by personal service, regular mail or by affixing a copy thereof to the front of the premises.
B. 
Notice shall not be required to be given prior to issuance of a subsequent citation to any owner, occupant or lessee to whom a citation has been issued pursuant to this § 26-3 within a one-year period preceding the issuance of the subsequent citation.
[Added 12-3-2012 by Ord. No. O-9-12, approved by District Council 2-5-2013; amended 4-17-2023 by Ord. No. O-3-23, approved by District Council 5-16-2023]
Except as may otherwise be permitted in this chapter, no owner, occupant, or lessee of property within the City that is residentially zoned or improved with a residential structure, including but not limited to single-family dwellings, townhouses, condominiums, and apartments, may permit the storage, parking, or repair of a commercial vehicle exceeding the manufacturer's gross vehicle weight specifications of 7,500 pounds, or containing advertising or lettering that exceeds four inches in height, or with over 300 cubic feet of load space, or with dual rear axles, or stake platform trucks, or crane or tow trucks, on said property at any time except within a private parking garage.
[Amended 10-19-1992 by Ord. No. O-12-92; 12-3-2012 by Ord. No. O-9-12, approved by District Council 2-5-2013; 4-17-2023 by Ord. No. O-3-23, approved by District Council 5-16-2023]
The parking or storing of vehicles in the residential base and the rural and agricultural base zones shall be limited to the following vehicles owned or used by the occupants of the premises and their bona fide guests:
A. 
Private passenger motor vehicles.
B. 
One unoccupied camping vehicle.
C. 
One watercraft and trailer designed to carry watercraft.
D. 
One commercial vehicle, provided that such vehicle:
(1) 
Does not exceed the manufacturer's gross vehicle weight specifications of 7,500 pounds;
(2) 
Contains no lettering or business logo exceeding four inches in height;
(3) 
Does not exceed 300 cubic feet of load space; and
(4) 
Is not a stake platform truck, crane or tow truck, or a vehicle with dual rear axles.
E. 
Farm vehicles and farm machinery used on the premises, in conjunction with a permitted agricultural use.
F. 
Buses, on the same lot with, and as an accessory use to, principal uses as private schools or churches, or other places of worship, provided that:
(1) 
Such parking or storage area shall be in addition to any automobile parking compound on the premises, and shall be connected to a public street by means of a driveway, constructed in compliance with the City's minimum standards as set forth in the General Specifications and Standards for Storm Drain and Street Design and Construction;
(2) 
Such parking or storage area shall be screened from any adjoining land in any residential zone by a slightly opaque wall, fence, or planting strip, or combination thereof; and
(3) 
No repairs, service, maintenance, or gasoline dispensing or storage facility shall be permitted on the premises.
[1]
Editor's Note: Former § 26-5, Vehicle parking in the R-55, R-80 and R-T Zones, was repealed 4-17-2023 by Ord. No. O-3-23, approved by District Council 5-16-2023. Section 26-5 was previously amended 10-19-1992 by Ord. No. O-12-1992 and 12-3-2012 by Ord. No. O-9-12, approved by District Council 2-5-2013.
[1]
Editor's Note: Former § 26-6, Vehicle parking in the R-30C Zone, was repealed 4-17-2023 by Ord. No. O-3-23, approved by District Council 5-16-2023. Section 26-6 was previously amended 10-19-1992 by Ord. No. O-12-1992 and 12-3-2012 by Ord. No. O-9-12, approved by District Council 2-5-2013.
[1]
Editor's Note: Former § 26-7, Vehicle parking in the O-S Zone, was repealed 4-17-2023 by Ord. No. O-3-23, approved by District Council 5-16-2023. Section 26-7 was previously amended 10-19-1992 by Ord. No. O-12-1992 and 12-3-2012 by Ord. No. O-9-12, approved by District Council 2-5-2013.
[Amended 10-19-1992 by Ord. No. O-12-92; 12-3-2012 by Ord. No. O-9-12, approved by District Council 2-5-2013]
The parking or storage of motor vehicles, watercraft, trailers, motor homes and camping vehicles shall be prohibited on any deck, patio, porch, walkway, or sidewalk or on any basketball, tennis or sport court or on any unpaved area of a residential lot except during a snow emergency.
A. 
The parking or keeping of cargo trailers shall be prohibited on any residential lot and street within the City except where the cargo trailer is used for the pickup or delivery of materials to be used on the residential lot within 72 hours after pickup or delivery or the cargo trailer is used in connection with construction taking place on the residential lot, and then only for a period not to exceed 30 days. Cargo trailers parked on residential lots pursuant to this section shall be parked or kept on a paved surface on the property. This section shall not apply to a cargo trailer parked or kept in a garage or other wholly enclosed structure on the residential lot.
[Amended 12-3-2012 by Ord. No. O-9-12, approved by District Council 2-5-2013]
B. 
No open storage of commercial/industrial building products within the City shall be allowed on a residential lot except during the period in which the products are to be used in connection with actual construction taking place on the residential lot, and then only for a period not to exceed 30 days.
C. 
Recreation vehicles shall not be stored on cargo trailers on any residential lot or street within the City.
[Amended 2-5-1990 by Ord. No. O-02-90]
A. 
Accessory buildings used for residential storage, excluding the keeping or storage of cars, trucks, cargo vehicles, boats, and trailers, shall be permitted in residential zones in the City of Bowie on lots consisting of 20,000 square feet or less subject to the following restrictions:
[Amended 12-17-1990 by Ord. No. O-30-90]
(1) 
Floor area. The maximum allowable floor area of an accessory building, temporary or permanent, including any projections therefrom shall be 200 square feet, provided that the property owner has obtained any necessary permits from Prince George's County and the City. Additionally, the total combined floor area of all accessory buildings located on a single lot shall not exceed 200 square feet. An attached accessory building may be permitted so long as it is part of the structure of the main residence and has at least one common wall therewith.
[Amended 5-16-1994 by Ord. No. O-10-94; 10-3-1994 by Ord. No. O-14-94; 4-3-2006 by Ord. No. O-3-06, effective 5-3-2006]
(2) 
Height. No accessory building or carport shall exceed one story, or an overall height of 15 feet measured from the lowest exposed point of the structure to the highest exposed point of the structure.
(3) 
Design. An attached accessory building shall be constructed of building materials similar in type and color to the type and color of materials used in the main residence so as to blend therewith.
[Amended 4-3-2006 by Ord. No. O-3-06, effective 5-3-2006]
(4) 
Location. Accessory buildings may be located only in the rear yard of a residential lot in accordance with all applicable setback requirements of Subtitle 27, Zoning, of the Prince George's County Code. On corner lots, accessory buildings may only be located in the area of the rear yard which is contiguous to the side and rear yard area of any adjacent lot and may not be located in any portion of the rear yard which is closer to a public right-of-way than the main building.
B. 
Residential storage shall be prohibited in any carport, or front porch, or portion thereof.
[Amended 12-17-1990 by Ord. No. O-30-90]
C. 
The storage of hazardous substances shall be prohibited in any accessory building, carport and garage, excluding maintenance of residential property and dwellings located thereon.
D. 
Accessory buildings encompassed by this section shall include storage sheds and any other detached structure that is used for storage located on the same lot as a residence.
E. 
A violation of this section shall be deemed a municipal infraction.
F. 
In the case of new development in the City of Bowie, where accessory buildings are incorporated into the design of the proposed development, the City Manager may waive the limitations of this section.
G. 
All accessory buildings legally existing at the time of the adoption of this chapter which do not comply with this section shall be deemed nonconforming uses. However, all accessory buildings which are erected subsequent to the adoption of this chapter that are intended to replace accessory structures deemed to be nonconforming uses shall conform to the requirements of this section.
H. 
The limitations on accessory buildings contained in the Prince George's County Zoning Ordinance, Part 27-4, Zones and Zone Regulations, and Part 27-5, Use Regulations, Section 27-5200, Accessory Uses and Structures (i.e., setbacks and total lot coverage), apply to accessory buildings within the City of Bowie, except as otherwise provided in this chapter.
[Amended 4-17-2023 by Ord. No. O-3-23, approved by District Council 5-16-2023]
I. 
This section shall not apply to those properties in the Huntington section of the City upon which residential dwellings were constructed prior to January 1, 1960, on which lots accessory buildings used for residential storage, as defined in Subsection A of this section, are permitted when a county permit has been obtained for the construction of such building. For those properties, when a county building permit has been issued, a City building permit will be issued for the same project, provided that the construction otherwise meets the City's requirements for a building permit.
J. 
Variance. The Board of Appeals may allow a variance from the strict application of this section according to the procedures and standards set forth in § 26-15.
[Amended 12-17-1990 by Ord. No. O-30-90]
A. 
Private parking garages located in residential zones within the City of Bowie on lots consisting of less than 30,000 square feet shall be permitted subject to the following restrictions:
(1) 
Location. Private parking garages must be attached to a main building by a common wall and shall not exceed one story. Detached garages are prohibited.
(2) 
Use. Private parking garages may be used for the storage of cars, trucks, boats, cargo trailers, cargo vehicles and other similar vehicles or for residential storage.
(3) 
Height. Private parking garages shall not exceed the height of the residence to which the garage is attached.
(4) 
Design. Private parking garages shall be constructed of materials similar in type and color to the building materials in the residence to which the garage is attached.
B. 
A violation of this section shall be deemed a municipal infraction.
C. 
In the case of new development in the City of Bowie, where detached garages are incorporated into the design of the proposed development, the City Manager may waive the limitations of this section.
D. 
All private parking garages legally existing at the time of the adoption of this chapter which do not comply with this section shall be deemed nonconforming uses. However, all private parking garages erected subsequent to the adoption of this chapter which are intended to replace a parking garage deemed to be a nonconforming use shall comply with the requirements of this section.
E. 
The limitations on private parking garages contained in Part 27-4, Zones and Zone Regulations, of the Prince George's County Zoning Ordinance (i.e., setbacks and total lot coverage) apply to private parking garages within the City of Bowie, except as otherwise provided in this chapter.
[Amended 4-17-2023 by Ord. No. O-3-23, approved by District Council 5-16-2023]
F. 
This section shall not apply to those properties in the Huntington section of the City upon which residential dwellings were constructed prior to January 1, 1960, on which lots private garages are permitted when a county permit has been obtained for the construction of such garage. For those properties, when a county building permit has been issued, a City building permit will be issued for the same project provided that the construction otherwise meets the City's requirements for a building permit.
[Amended 5-16-1994 by Ord. No. O-10-94; 10-3-1994 by Ord. No. O-14-94; 3-2-1998 by Ord. No. O-15-98, effective 4-1-1998]
G. 
Variance. The Board of Appeals may allow a variance from the strict application of this section according to the procedures and standards set forth in § 26-15.
[Amended 3-2-1998 by Ord. No. O-15-98, effective 4-1-1998]
[Added 2-2-1998 by Ord. No. O-11-98, effective 3-4-1998].
A. 
The provisions of Subtitle 27, Zoning Ordinance, Part 27-6, Development Standards, Section 27-61500 of the Code of Prince George's County, Maryland, as amended from time to time, are hereby adopted and incorporated herein by reference.
[Amended 4-17-2023 by Ord. No. O-3-23, approved by District Council 5-16-2023]
B. 
Enforcement.
(1) 
Whenever the City Manager (or his designated representative) determines that a sign is unsafe, he shall issue a 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 or other entity responsible for the maintenance of the sign shall comply with the notice of violation within five days after the person, homeowners' association, or other entity receives the notice of violation. Notwithstanding any provision of this subsection to the contrary, in the event that there is an immediate danger to the public safety, as determined by the City Manager or his designated representative in his sole discretion, the unsafe sign shall be made safe or removed immediately upon receipt of the notice of violation.
(2) 
Whenever the City Manager (or his designated representative) determines that a sign violates any of the requirements of the Code of Prince George's County, Maryland adopted in Subsection A of this section, he shall issue a notice of violation directing that the sign be made to conform to all of the requirements of the Code of Prince George's County, Maryland 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, homeowners' association, or other 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 City Manager (or his designated representative) in accordance with the provisions of Subsection B(1) or (2) of this section, the City Manager (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.
[Added 2-5-1990 by Ord. No. O-02-90; amended 10-3-1994 by Ord. No. O-17-94]
Violations of this chapter are municipal infractions, subject to the penalty and enforcement provisions of Chapter 1, §§ 1-6 and 1-6A, of this Code.
[Added 10-3-1994 by Ord. No. O-14-94]
A. 
There is hereby established a Board of Appeals to review and render decisions on applications for variances.
B. 
Composition and membership. The Board of Appeals shall be composed of members of the Administrative Review Board as established by Chapter 1A of the Bowie City Code. The Chairperson of the Administrative Review Board shall act as the Chairperson of the Board of Appeals and shall appoint at least two additional members of the Administrative Review Board to serve as the Board of Appeals on an ad hoc basis. For all business of the Board of Appeals three members must be present to constitute a quorum.
[Amended 5-15-1995 by Ord. No. O-6-95]
C. 
Powers.
(1) 
The Board of Appeals may grant a variance from the strict application of a section within Article I of this chapter only where specifically so provided in that section and only pursuant to the standards and procedures set forth in § 26-15 of this chapter.
[Amended 4-17-2023 by Ord. No. O-3-23, approved by District Council 5-16-2023]
(2) 
The Board of Appeals may exercise all powers under the laws of evidence applicable to administrative proceedings under the laws of the State of Maryland to discover any information relevant to the variance request, including, but not limited to, subpoena, interrogatories, production of documents and depositions.
(3) 
The Board of Appeals shall have authority to administer oaths and affirmations, examine witnesses, rule upon questions of evidence and issue notices and orders, take actions and make decisions or recommendations in conformity with this chapter.
D. 
Support staff. The City Manager shall designate a staff liaison to the Board of Appeals who shall provide support service as may be required. The City Attorney shall serve as counsel to the Board.
[Added 5-16-1994 by Ord. No. O-10-94; amended 10-3-1994 by Ord. No. O-14-94]
A. 
Procedures.
(1) 
Application.
(a) 
All requests for a variance 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 and the variance being requested, and the basis of the request.
(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 variance. 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 variance; and
[2] 
One copy of a written explanation by the applicant describing how the proposed use meets the relevant standards prescribed in Subsection B below.
(2) 
Required public hearing. Before making its decision on any application for variance, the Board of Appeals shall hold a public hearing on the matter in accordance with rules and regulations approved by the City Council, which rules and regulations shall substantially conform with the procedures for hearing contested cases subject to the State Administrative Procedure Act.[1] The hearing shall be open to the public and records and minutes shall be maintained by the Board at all such hearings. The Board shall issue a written decision either granting, granting with modifications or denying the variance application within 30 days from the closing of the hearing or as soon thereafter as may be reasonably possible. The Board shall provide a copy of its written decision to the persons of record.
[1]
Editor's Note: See § 10-101 et seq. of the State Government Article of the Annotated Code of Maryland.
(3) 
Notice of hearing. Notice of the hearing shall be sent via certified mail, return receipt requested, 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 first class mail, postage prepaid, to the owners of abutting property (including those properties directly across a street, alley, or stream). The notice shall contain:
(a) 
The date, time and place of the hearing; and
(b) 
A brief statement describing the specific nature of the variance requested.
(4) 
No refiling. If the Board of Appeals denies an application for variance, no further application concerning the same specific subject on the same property may be filed.
B. 
Standard of review. A variance may only be granted by the Board of Appeals when:
(1) 
A specific parcel of land has exceptional narrowness, shallowness, or shape, exceptional topographic conditions, or other extraordinary situations or conditions;
(2) 
The strict application of this chapter will result in peculiar and unusual practical difficulties to, or exceptional or undue hardship upon, the owner of the property; and
(3) 
The variance will not substantially impair the intent, purposes or integrity of the policies of the City.
C. 
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 Bowie City Code, the Prince George's County Code, or any other relevant laws, rules, ordinances or regulations.
[Added 10-3-1994 by Ord. No. O-14-94]
If any clause, sentence or part of this chapter, or of any section thereof, shall be held unconstitutional or invalid, such unconstitutionality or invalidity shall not affect the validity of the remaining parts of this chapter or of any section thereof.