A.
The Board of Appeals shall conduct hearings for applications
for variances from the strict application of the Prince George's County
Zoning Ordinance with respect to 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, except that the Board of Appeals shall
not have the power to hear and decide applications for variances in conjunction
with a special exception or revision of site plan.
B.
The Board of Appeals shall conduct a complete public hearing on the requests specified in Subsection A of this section, subject to all the requirements and restrictions imposed by law upon the City Council. The Board of Appeals is empowered to swear witnesses and to issue subpoenas for witnesses and documents.
C.
After the conclusion of the hearing, the Board of Appeals
shall serve upon all persons of record a written recommendation containing
specific findings of fact, conclusions of law, and a recommended disposition
of the case. The recommendation shall be filed with the City Council and the
Prince George's County Planning Department at the same time.
D.
Rules of procedure for hearings and other meetings:
(1)
The Board of Appeals may adopt rules of procedure consistent
with the provisions of this Article and the Prince George's County Zoning
Ordinance.
(2)
The Board of Appeals shall keep minutes of its proceedings.
(3)
Hearings may be adjourned and continued. If the date,
time, and place of the continued hearing are publicly announced at the time
of the adjournment, no further notice of the continuation shall be required.
If the date, time, and place are not publicly announced at the time of the
adjournment, notice shall be given in the same manner as with the original
hearing.
(4)
All actions of the Board of Appeals shall be taken by
resolution, in which a majority of the members must concur. Each resolution
shall contain a statement of the grounds and findings of fact and conclusions
of law forming the basis of the action. The text of the resolution and record
of members' votes shall be incorporated into the minutes of the Board
of Appeals. All such resolutions of the Board of Appeals shall be transmitted
to the City Council within five (5) days of the date thereof.
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.
A.
Before making its recommendation on any variance request,
the Board of Appeals shall hold a public hearing on the matter.
B.
Filing requirements.
(1)
Variance requests shall be made on the forms provided
by the Board of Appeals. All information required on the forms shall be furnished
by the applicant and the Board of Appeals shall not accept any form which
is incomplete.
(2)
Variance requests shall be numbered sequentially and
scheduled to be heard by the Board of Appeals. The schedule shall be posted
conspicuously in a public place at least seven (7) days prior to the hearing
date.
(3)
Variance requests may be made by any person who alleges
that he or she is aggrieved by the issuance of a zoning violation or notice
or other decision made in administering the Prince George's County Zoning
Ordinance if such decision relates to lot size, setback, lot coverage, lot/width
frontage, green area, height or any other requirements of the Prince George's
County Zoning Ordinance from which a variance is permitted. Such person shall
notify the Board of Appeals of the request within thirty (30) days of the
issuance of the notice or other decision. The Board of Appeals may waive the
requirement and allow the filing of a variance prior to any action denying
a permit.
C.
Filing fees.
(1)
Upon filing the application, the applicant shall pay
a filing fee to the City in an amount established by the City Council, and
amended from time to time, to help defray the costs of processing the application.
The applicant shall also pay a fee as established by the City Council of ten
dollars ($10.) for each public notice sign required by this section. The filing
and sign fees are nonrefundable unless, following a request by the applicant,
the Board of Appeals finds that the fees were paid by mistake. All fees must
be paid at the time of filing, except as otherwise provided in this Article.
(2)
In lieu of the fee, the applicant may submit an affidavit
claiming that payment of the fee would be an extreme financial hardship. Such
hardship may only be claimed by a natural person. The affidavit shall contain
the information required by the Board of Appeals and any other pertinent facts
which the applicant feels are necessary.
(3)
Upon filing the affidavit, the Board of Appeals shall,
within ten (10) working days, determine whether payment of the fee is an extreme
financial hardship on the applicant. Should the Board of Appeals find that
hardship does not exist, the applicant shall be required to pay the fee before
the request may be heard by the Board of Appeals.
D.
Notice of public hearing.
(1)
At least seven (7) days' notice of the date, time
and place of the hearing shall be sent by certified mail, return receipt requested,
to the applicant, to any agency or department whose decision is the subject
of the variance request and to the owners of abutting property (including
those properties directly across a street, alley or stream).
(2)
The Board of Appeals may send notice of the hearing to
other interested persons, organizations, or agencies, and/or the state Highway
Administration. The Board of Appeals shall send a notice of hearing and a
site plan drawn to scale to the Maryland-National Capital Park and Planning
Commission, the Prince George's County Planning Board, and the Prince
George's County Council sitting as the District Council.
(4)
The Board of Appeals shall require notice of hearings
by at least one (1) advertisement in a newspaper of general circulation in
the City. The advertisement shall appear not less than five (5) days prior
to the date of the hearing and shall contain the same information as is required
in the written notices.
(5)
When the subject property is not in a residential zone,
the Board of Appeals shall post the property with a durable sign at least
fifteen (15) days prior to the scheduled hearing date. The sign shall include
the following information:
(6)
There shall be one (1) sign posted for each one thousand
(1,000) feet or fraction thereof of frontage on each improved street. The
sign(s) shall be posted on the property near the street right-of-way so as
to be visible from the improved portion of the street. When more than one
(1) sign is required to be posted along a street, the signs shall, where practicable,
be evenly spaced along the street.
(7)
If the property does not have frontage on an improved
street, one (1) sign shall be placed near to, and be visible from, the improved
portion of the nearest, most traveled street. In addition to the required
information, this sign shall state that the sign is not on the subject property,
and that a property having no improved street frontage is the subject of the
hearing.
(8)
All signs posted shall be conspicuous and legible for
at least fifteen (15) days prior to the hearing. The applicant is responsible
for the posting of and the maintenance of all signs.
E.
In order to help it reach a decision, the Board of Appeals
may request the Maryland-National Capital Park and Planning Commission, Prince
George's County, Prince George's County Planning Board, and/or the
state Highway Administration to furnish technical service, advice, data or
factual evidence. These comments and recommendations shall be available for
public examination prior to the public hearing.
F.
At the conclusion of the public hearing, the Board of
Appeals may close the record, or may leave the record open (for a specified
time) for receipt of additional written evidence.
G.
Not less than fifteen (15) days after receipt of a recommendation of the Board of Appeals regarding a variance, a majority of the City Council may adopt the recommendation of the Board of Appeals by consent, unless within that fifteen-day period, a Council member requests oral argument on the matter or exceptions and a request for oral argument is filed in accordance with § 130-7 below. Oral argument may only be requested by a Council member when an action of the Board of Appeals is not unanimous or when it is alleged that the recommendation fails to comply with the criteria established herein. Oral argument shall be conducted in accordance with § 130-6. Failure of the City Council to act on the recommendation of the Board of Appeals within sixty (60) days of the receipt thereof shall result in the denial of the request.
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.
A.
A decision of the City Council permitting the erection
of a building or structure shall not be valid for more than two (2) years,
unless a building permit for the erection of the building or structure in
question is obtained within this period and the construction is started and
proceeds to completion in accordance with the terms of the decision and the
permit.
B.
A decision of the City Council granting a variance from
the screening requirements set forth in Sections 27-469(b)(3) and 27-470(b)(3)
of the Prince George's County Zoning Ordinance shall not be valid for
more than five (5) years.
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.
