A variance from lot size, setback, lot coverage, lot/width frontage,
green area, height and any other requirements of the Prince George's
County Zoning Ordinance from which a variance may be granted by the Prince
George's County Board of Appeals may only be granted upon a finding that:
A. A specific parcel of land has exceptional narrowness,
shallowness, or shape, exceptional topographic conditions, or other extraordinary
situations or conditions;
B. The strict application of the County Zoning Ordinance
will result in peculiar and unusual practical difficulties to the owner of
the property; and
C. The variance will not substantially impair the intent,
purpose, or integrity of any applicable county general plan or County Master
Plan.
Any person of record may file with the City Clerk, within fifteen (15) calendar days after the date of the notice of the Board of Appeals' recommendation, exceptions to the Board of Appeals' recommendation, and a request for oral argument before the City Council, under the circumstances set forth in §
130-6G.
A. The City Clerk shall notify the Board of Appeals of any
exceptions and/or requests for oral argument, and, within seven (7) days of
receiving said notice, the Board of Appeals shall transmit to the City Council
a copy of the record created by the Board of Appeals, including, but not limited
to, all written evidence and materials submitted for consideration by the
Board of Appeals and a transcript of the public hearing on the variance application.
B. The City Council shall schedule oral argument on the
appeal. The City Clerk shall give at least seven (7) calendar days' notice
of the hearing to all persons of record and the Board of Appeals. Oral argument
shall be limited to the facts and information within the record made at the
hearing before the Board of Appeals.
C. After the close of the Council's hearing, a majority
of the City Council shall accept, deny, or modify the recommendation of the
Board of Appeals, or return the variance application to the Board of Appeals
to take further testimony or reconsider its recommendation.
D. The Council shall give its decision in writing, stating
the reasons for its action. Copies of the decision shall be sent to all persons
of record, the Board of Appeals, the Maryland-National Capital Park and Planning
Commission and the Prince George's County Council sitting as the District
Council.
If the City Council denies a variance, no further variance covering
the same specific subject on the same property shall be filed within the following
twelve-month period. If the second variance is also denied, no other subsequent
variances covering the same specific subject on the same property shall be
filed within each eighteen-month period following the second denial.