[HISTORY: Adopted by the City Council of the City of New Carrollton 4-16-1975 as Ch. 8 of the 1975 Code; amended in its entirety 4-2-1997 by Ord. No. 97-01. Subsequent amendments noted where applicable.]
In order to preserve and maintain the public health, safety and an orderly development within the City of New Carrollton and to avoid encroachments upon building restrictions, it shall be unlawful for any person, firm or corporation to erect, construct or repair or anywise change any building, garage, carport or other building or addition thereto, or any other structure, including a wall, fence or barrier of any kind, or to make any other improvements of a permanent nature to or upon any real property within the corporate limits of the City of New Carrollton until plans and specifications for the construction thereof and a plat plan for the lot or parcel of ground upon which the same is to be erected, constructed or altered shall have been submitted to the Mayor of New Carrollton or his or her designee, and a permit issued by the Mayor or his or her designee for the same; provided, however, that permits for construction or reconstruction on any property in a commercial or industrial zone or any construction valued in excess of thirty thousand dollars ($30,000.) in a residential zone shall be approved by the City Council.
The BOCA Building Code, as amended from time to time and as adopted by Prince George's County, Maryland, shall be the official building code of the City of New Carrollton. No building permit shall be issued by the City of New Carrollton for construction requiring a permit issued by Prince George's County, Maryland, until such county permit shall be issued.
The applicant for a permit hereunder shall, in addition to any provisions contained herein, comply with all applicable provisions of Chapter 71, Housing and Property Maintenance, of the Code of the City of New Carrollton.
Every construction, enlargement, removal or demolition within the city which requires a permit from the Department of Environmental Resources of Prince George's County shall also require a permit from the City of New Carrollton. The permit application shall require two copies of a detailed site plan, drawn to scale not less than one inch equals twenty (20) feet, and an estimated cost of construction. Upon approval, a permit will be issued. The applicant shall submit a copy of the corresponding permit issued by Prince George's County, prior to the issuance of the city permit.
Applications submitted pursuant to § 41-2C shall be reviewed for compliance with the City Code and other issues of city interest. Permits shall be issued or denied within ten (10) working days of the applicant's submission of the corresponding Prince George's County permit.
[Amended 1-21-1998 by Ord. No. 97-11]
No wall or fence, or wall and fence combination, for which a permit may be issued under this chapter shall exceed six (6) feet in height from the existing natural terrain of the ground. In addition, no wall, fence, retaining wall or barrier of any kind shall be erected closer to any street than the closest part of a main building, if said wall or fence extends more than two (2) feet above ground level. "Main building" here is defined as a structure in which is conducted the principal use of the lot on which it is located.
In addition to any BOCA requirements, any fence or wall, or wall and fence combination, which consists of only fence posts or posts and lacks any lateral members such as planking or fencing shall be considered an improperly maintained fence and a violation of this chapter.
[Added 9-2-1998 by Ord. No. 98-06]
It shall be unlawful for any person, firm or corporation to erect any fence or barrier made in whole or in part of barbed wire along or adjacent to any street, avenue, road, alley, public walk or immediately adjacent to any adjoining lot or property line. It shall also be unlawful to erect a wall, fence, retaining wall or barrier of any kind closer than twenty-five (25) feet to a public sidewalk, walkway or path.
[Amended 9-2-1998 by Ord. No. 98-06; 3-19-2014 by Res. No. 14-03]
All razing or demolition of buildings or other structures must comply with the following rules:
All structures must be razed to ground level.
All lots or parcels of ground must be cleared of all debris, rubble or other materials resulting from the demolition within ten (10) days.
No debris, rubble or other materials resulting from a demolition shall be burned within the city. All materials which are buried must be covered with at least twelve (12) inches of earth.
All foundations, wells, ponds of water or other holes must be filled and covered with at least twelve (12) inches of earth.
All resulting vacant parcels of land shall be graded to conform to the adjoining grade levels.
All resulting parcels of land shall be treated to prevent the blowing of dust. Oil or temporary treatment with chemicals shall not be an acceptable method of treatment.
A permit for razing shall not be issued until a release is obtained from the utilities serving the structure stating that their respective service connections and appurtenant equipment have been removed or sealed and plugged in a safe manner, and from the Prince George's County Board of Health stating that it is safe to raze the structure from the standpoint of friable insulative materials.
All demolition, clearing and grading and dust treatment shall be finished within 60 days of the issuance of a permit.
If the work is not accomplished in conformance with all of the above-mentioned rules, the city may enter on the property and finish the work, the charge therefor to be placed against the property and to be collectible in the same manner as taxes.
All equipment, tools and material left at a project site overnight shall be left secured in a nonhazardous condition in order to protect the safety of the workers and the general public.
All excavations and construction shall comply with the American Standard Safety Code for Building Construction, American Standards Association, as adopted by the Maryland Safety Department of Labor and Industry and the Prince George's County Department of Environmental Resources.
In the event that a condition exists at a construction site that constitutes an immediate and dire danger to persons or property and there is insufficient time to get a Prince George's County Building Inspector to issue a stop-work order, the Mayor or his or her designee is authorized to issue a stop-work order, directing the cessation of work until the danger can be abated.
[Amended 3-19-2014 by Res. No. 14-03]
The City of New Carrollton Board of Appeals is authorized to review and render decisions on applications for variances from the provisions of City Code, Chapter 41.
In addition to any other powers conferred upon the Board of Appeals in the City Code, the Board of Appeals shall have the following powers:
To require the submission of any and all information relevant to the variance request, including, but not limited to, the issuance of subpoenas, interrogatories, production of documents and depositions.
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.
The Mayor 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.
Procedures and standards applicable to granting variances are as follows:
All requests for a variance shall be made by application filed with the City. The City shall make available an application form that shall require an accurate description of the property and the variance being requested, and the basis of the request.
In addition to the application, the applicant shall submit the following:
One copy of a site plan, survey or other graphic illustration satisfactory to the City that 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
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 its rules and regulations. The hearing shall be open to the public, and minutes shall be maintained by the Board of all such hearings. The Board shall issue a written decision either granting, granting with modifications or denying the variance application within thirty (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.
Notice of hearing. Notice of the hearing shall be sent via certified mail, return receipt requested, postmarked not less than seven (7) 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:
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.
Standard of review. A variance may only be granted by the Board of Appeals when:
A specific parcel of land has exceptional narrowness, shallowness, or shape, exceptional topographic conditions, or other extraordinary situations or conditions;
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
The variance will not substantially impair the intent, purposes or integrity of the policies of the City.
Appeal to Court. Any person or persons aggrieved by any decision of the Board may appeal the same to the Circuit Court of Prince George's County in accordance with the applicable provisions of the Maryland Rules.
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.
Any person who shall violate any provision of this chapter or any provision of any rule or regulation adopted by the Mayor and Council pursuant to the authority granted by this chapter shall be issued a notice containing the requirement that the violation must be fully corrected within 10 days from the date of the notice and that, in the event that he or she fails to do so within the ten-day period, a citation shall be delivered to him or her in accordance with the provisions of the City Code. Said citation shall constitute a municipal infraction, subject to the provisions of § 1-21A of this Code.
In any case where a provision of this chapter is found to be in conflict with a provision of any building, fire, safety or health ordinance or code existing on the effective date of this chapter, the provision which establishes the higher standards for the promotion and protection of the health and safety of the people shall prevail. In any case where a provision of this chapter is found to be in conflict with a provision of any other ordinance or code existing on the effective date of this chapter which establishes a lower standard for the promotion and protection of the public health and safety of the people, the provisions of this chapter shall be deemed to prevail, and such other ordinances or codes are hereby declared to be repealed to the extent that they may be found in conflict with this chapter.