Evaluation and Recommendations Report Zoning Ordinance and Subdivision Regulations Rewrite Proposed by Clarion Associates for Prince George's County, Maryland December 2014
In Association with
White & Smith Spikowski Planning Associates Design Collective GB Place Making Nelson/Nygaard Mosaic Urban Partners Justice & Sustainability Assoc. The Planning and Design Center
TABLE OF CONTENTS Preface ......................................................................................................................................................................... vii I.
Introduction and Overview ................................................................................................................................. I-1 A.
Project Overview ........................................................................................................................................... I-1
B.
Overview of the Report ................................................................................................................................. I-2
II.
Make the Regulations More User-Friendly and Streamlined ............................................................................ II-1 A.
Make the Structure and Format More Logical and Intuitive ........................................................................ II-1
B.
Integrate more Graphics, Illustrations, and Tables ...................................................................................... II-2 1.
Graphics ................................................................................................................................................... II-3
2.
Flowcharts and Summary Tables ............................................................................................................. II-3
C.
Improve Document Formatting .................................................................................................................... II-4
D.
Design the New Zoning Ordinance and Subdivision Regulations for Electronic Use .................................... II-5
E.
Make Language Clearer and More Precise ................................................................................................... II-6
F.
Streamline Review Procedures Where Appropriate .................................................................................... II-6
III.
1.
Establish a Set of Standard Procedures .................................................................................................. II-17
2.
Simplify, Consolidate and Streamline the Procedures for Rezonings .................................................... II-23
3.
Add Procedure for Interpretation of Ordinance Text, Uses, and Zone Map .......................................... II-29
4.
Consolidate Special Exceptions and Special Permits, Consolidate the Review Procedure, and Simplify and Streamline Their Use ............................................................................................................................. II-30
5.
Refine the Subdivision Regulations to Streamline Procedures and Clarify Review Standards .............. II-33
6.
Consolidate and Modernize Site Plan Review ........................................................................................ II-39
7.
Modify the Zoning Ordinance’s Relief Provisions to Remove Obstacles for Appropriate Types of Development ......................................................................................................................................... II-42
Modernize, Simplify, and Consolidate Zones and Zone Regulations ................................................................ III-1
A.
Summary of Current Zones .......................................................................................................................... III-2 1.
Conventional Base Zones ........................................................................................................................ III-2
2.
Floating Zones ......................................................................................................................................... III-4
3.
Overlay Zones .......................................................................................................................................... III-7
B.
Policy Direction in Plan Prince George’s 2035 for Zone Structure and Zone Regulations ........................... III-8 1.
Growth Policy Map/Classifications.......................................................................................................... III-8
2.
Strategic Investment Map/Classifications ............................................................................................. III-12
3.
Generalized Future Land Use Map/Categories ..................................................................................... III-15
C.
Suggested New Zone Structure ................................................................................................................. III-16 1.
Rural, Agricultural, and Open Space Base Zones .................................................................................. III-21
2.
Residential Base Zones .......................................................................................................................... III-22
3.
Center Base Zones ................................................................................................................................. III-23
4.
Nonresidential Base Zones .................................................................................................................... III-28
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TABLE OF CONTENTS
5.
Planned Development (Floating) Zones ................................................................................................ III-29
6.
Overlay Zones ........................................................................................................................................ III-31
D.
Identify and Classify Uses in a Simpler and More Flexible Way ................................................................ III-32 1.
Consolidate Use Tables into a Single Summary Use Table .................................................................... III-33
2.
Use a Three-Tiered System to Classify Uses .......................................................................................... III-34
3.
Modernize the Use-Specific Regulations to Make Them More Efficient .............................................. III-36
4.
Distinguish Principal, Accessory, and Temporary Uses ......................................................................... III-36
5.
Regulate Building Form in Addition to Use Where Appropriate ........................................................... III-37
E.
Improve the Organization of Zone Regulations ......................................................................................... III-38
IV. Implement Key Goals, Policies, and Strategies of Plan Prince George’s 2035 .................................................. IV-1 A.
Protect the Character of Stable Neighborhoods from Incompatible Development .................................... IV-1 1.
Background: The Current Regulations .................................................................................................... IV-1
2.
Neighborhood Compatibility Standards .................................................................................................. IV-2
3.
Mandatory Neighborhood Meetings ...................................................................................................... IV-4
4.
Neighborhood Conservation Zones ........................................................................................................ IV-4
B.
Support Preservation and Protection of Rural and Agricultural Lands........................................................ IV-5 1.
Refine the Conservation Subdivision Regulations and Process .............................................................. IV-6
2.
Broaden the Range of Agricultural Support Uses ................................................................................... IV-8
3.
Add Farmland Compatibility Standards .................................................................................................. IV-9
C. V.
Support and Encourage Sustainable/Green Building Practices ................................................................... IV-9 Modernize the Regulations and Incorporate Best Practices ............................................................................. V-1
A.
Regulatory Changes to Support Desired Forms of Infill Development in Targeted Places ........................... V-1
B.
Redevelopment and Revitalization of Commercial Corridors ...................................................................... V-7
C.
Off-Street Parking and Loading .................................................................................................................. V-11 1.
Background: Current Parking and Loading and Bicycle Standards ......................................................... V-11
2.
Modernize and Modify the Parking and Loading and Bicycle Parking Standards to Implement Plan 2035 and Support Walkable Urbanism and Other Contexts .......................................................................... V-14
D.
Landscaping ................................................................................................................................................ V-17 1.
Background: Current Regulations – The Landscape Manual.................................................................. V-17
2.
Modify Landscape Manual to Simplify, Address Plan 2035 Goals, and Incorporate Best Practices ...... V-22
E.
Open Space ................................................................................................................................................. V-24 1.
Current Open Space Standards .............................................................................................................. V-25
2.
Suggested Revisions to Open Space Standards ...................................................................................... V-26
F.
G.
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Roadway Design, Mobility, and Connectivity ............................................................................................. V-27 1.
Background: The Zoning Ordinance, Subdivision Regulations, and the Specifications and Standards in Roadways Manual .................................................................................................................................. V-27
2.
Modify the Development Regulations and Roadway Manual ............................................................... V-30 Exterior Lighting.......................................................................................................................................... V-32
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
TABLE OF CONTENTS
H.
Noise ........................................................................................................................................................... V-33
I.
Building Form and Design Standards .......................................................................................................... V-34 1.
Current Form and Design Standards ...................................................................................................... V-34
2.
Proposed Form and Design Standards ................................................................................................... V-38
VI. Annotated Outlines of New Zoning Ordinance and Subdivision Regulations ................................................... VI-1 VII. Appendices ...................................................................................................................................................... VII-1 A.
Appendix A: Examples of User-Friendly Code Graphics ............................................................................. VII-1
B.
Appendix B: Examples of Summary Tables Used in Codes ......................................................................... VII-2
C.
Appendix D: Flow Charts of Current Processes .......................................................................................... VII-4 1.
Figure 1: Current Zoning Map Amendment: Conventional Zones ......................................................... VII-4
2.
Figure 2: Current Comprehensive Design Zone Process ........................................................................ VII-5
3.
Figure 3: Current Special Exception Process .......................................................................................... VII-6
4.
Figure 4: Current Special Permit Process ............................................................................................... VII-7
5.
Figure 5: Current Preliminary Subdivision Plan Process ......................................................................... VII-8
6.
Figure 6: Current Conceptual and Detailed Site Plan Process ................................................................ VII-9
D.
Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards .... VII-10 1.
Residential Zones ................................................................................................................................. VII-13
2.
Commercial and Industrial Zones ......................................................................................................... VII-54
3.
Comprehensive Design, Planned Community, and Mixed Use Zones................................................ VII-100
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PREFACE This document is a major milestone on Prince George’s County’s road towards a 21st century Zoning Ordinance and Subdivision Regulations—one that will promote high quality economic development, protect stable residential neighborhoods, and implement the vision of the County’s future in Plan Prince George’s 2035. The simple fact is that Prince George’s County has not been able to attract the types of new development that its’ citizens expect and deserve—a fact confirmed by the dramatically different vision for the future in Plan Prince George’s 2035. A wide spectrum of citizens, builders, and stakeholders have emphasized that the County’s current land use regulations and procedures are part of the problem. Unless those are changed, the chances that Prince George’s County will achieve the vision in Plan 2035 are slim. This Evaluation and Recommendations Report is intended to be a starting point for several very important discussions that need to take place over the next two years. It contains a detailed evaluation of how the County’s current zoning and subdivision approval system performs, and identifies best practices that could improve that performance. Although the report focuses This Evaluation and Recommendations Report on areas of possible improvement, it should not be read is intended to be a starting point for several as a criticism of the County’s entire zoning and very important discussions that need to take subdivision system. In fact, the current zoning and Subdivision Regulations do several things well. In place over the next two years. It contains a detailed evaluation of how the County’s particular:
current zoning and subdivision approval system performs, and identifies best practices that could improve that performance.
The development quality standards in many of the zones often reflect the high architectural quality that the County would like to achieve in its developing areas;
Many standards for new single-family residential subdivisions reflect best practices in building design and the integration of land use and open space that make for wonderful low-density neighborhoods; and
Some of the recent mixed use zone districts reflect good practices in the types of land uses the County would like to see around its transit stops and centers.
In spite of these strengths, Prince George’s County has not attracted the type of economic growth occurring in other counties in the Washington, D.C., region— or the type or quality of development called for in Plan 2035. This report attempts to identify the role zoning and subdivision has played in this, and what the County can do to the Zoning Ordinance and Subdivision Regulations to change that trajectory and live up to its potential as a premier place to work, play, and shop. We hope this Evaluation and Recommendations Report will be read with an understanding that:
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Preface
Prince George’s County does many things well, but it could do much better in attracting the types of new development and redevelopment that it wants to see. The pages that follow contain the Clarion consultant team’s recommendations of those best practices that could contribute to making this happen. It is a starting point—not an ending point—for key discussions about the pros and cons of each recommended change. Many of our recommendations would require dramatic changes in the way the County accepts, reviews, and approves development, as well as the way it involves its citizens Many of our recommendations would require in those decisions. Not a single sentence of the new dramatic changes in the way the County Zoning Ordinance or Subdivision Regulations has yet accepts, reviews, and approves development, been drafted, and the coming two years will provide as well as the way it involves its citizens in many opportunities for open and dynamic debate those decisions. Not a single sentence of the about what should be written.
new Zoning Ordinance or Subdivision Regulations has yet been drafted, and the coming two years will provide many opportunities for open and dynamic debate about what should be written.
For all of these reasons, we urge elected officials, appointed officials, and citizens of Prince George’s County to read this report and note those areas that you agree with—as well as those that you do not agree with—so that key discussions over the next few years can be vigorous, open, and honest.
We also ask that you read the report with an open mind about different ways of doing business and achieving the County’s goals. One thing is certain— continued use of the current regulations is unlikely to produce better results than it has in the past—or to attract new developers with innovative ideas to the County. This report begins a process of change that can make Prince George’s County better for everyone.
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Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
I. INTRODUCTION AND OVERVIEW A. PROJECT OVERVIEW The Prince George's County Planning Department is conducting a comprehensive rewrite of the Zoning Ordinance and Subdivision Regulations. This project will transform these current development regulations to a more user-friendly 21st Century Zoning Ordinance and Subdivision Regulations for Prince George's County. This project is particularly timely for two reasons:
First, the current Zoning Ordinance and Subdivision Regulations have not been comprehensively updated in over 50 years. Instead, they have been amended countless times to address specific needs (sometimes to fix a problem or allow an opportunity on only one parcel of land). Many of the amendments conflict with other amendments and use different structures and terminology. The result is 1,000-plus pages of regulations that are confusing, inconsistent, difficult to use, and present obstacles to types of development that would support economic growth and improve the quality of life for County residents.
Second, Prince George’s County has just adopted Plan Prince George 2035— a new General Plan for the County that sets new and clearer directions for the future. It distinguishes more clearly between preferred Unfortunately, the current Zoning approaches in Centers (Regional Transit Districts (including Ordinance and Subdivision Regulations do Downtowns), Local Centers (Local Transit Centers, not have the right tools to implement Plan Neighborhood Centers, Town Centers, and Campus 2035 – but they will when this process is Centers), Employment Areas (including the Innovation completed in 2017. Corridor), Established Neighborhoods, and Rural and Agricultural Areas of the County.
One of the principal themes found among Plan Prince George’s 2035’s goals and policies is supporting different types of and levels of compact, transit-oriented, mixed-use, and pedestrian-oriented development at specific places within the County. Other goals include efforts to support economic development, protect the character of established neighborhoods, and support sustainable (green) building practices (including universal design in housing). The highest priority places for the focus of public dollars and resources are the designated Downtowns. The plan notes these Regional Transit Districts are best suited to develop in the near term into vibrant, walkable, regional-serving centers with a robust economic and employment base, a distinct sense of place and identity, a varied housing stock, a multimodal transportation network, and diverse, mixed-income communities. A second high priority place is the Innovation Corridor, the Employment Area with the highest concentration of economic activity and the greatest potential to catalyze future job growth, research, and innovation in the near- to midterm.
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Part I: Introduction and Overview Section I.B Overview of the Report
A third set of key locations where the plan directs the majority of residential growth are the other Regional Transit Districts and designated Local Centers. Regional Transit Districts are places where development regulations should encourage and support high-density, vibrant, transit-oriented, and mixed-use areas that will capture the majority of the County’s future residential and employment growth and development. Local Centers are focal points of concentrated residential development and limited commercial activity serving established neighborhoods, municipalities, and unincorporated areas outside designated centers. They are places where development regulations should support mixed-use and pedestrian-friendly development at varying degrees of intensity. Unfortunately, the current Zoning Ordinance and Subdivision Regulations do not have the right tools to implement Plan 2035 – but they will when this process is completed in 2017. To prepare these new Regulations, the County hired a nationally recognized team of consultants, led by Clarion Associates. Clarion will be assisted by qualified specialists in several areas where improvements are needed, including White and Smith (land use law and administration), Spikowski & Associates (form-based coding), Design Collective (urban design), GB Placemaking (transitoriented development), Mosaic Urban Partners (real estate and market economics), Justice and Sustainability Associates (public engagement and consensus building), and the Planning and Design Center (smart growth and visualization tools). Updating the Zoning Ordinance and Subdivision Regulations is a significant undertaking that will require three or more years of effort. The work began in early 2014 and was organized into the four phases and the timetable shown below: Phase
1. Public outreach and input 2. Evaluation and Recommendations
Timeframe
Status
2014 --
Ongoing
2014
This Document
3. Drafting the new Ordinance and Regulations
2015-2016
4. Implementing the new Ordinance and Regulations
2016-2017
B. OVERVIEW OF THE REPORT This report reflects the conclusions of the Clarion Associates team of consultants after approximately ten months of outreach and research. During the spring and summer of 2014, we conducted numerous stakeholder interviews, convened three Countywide forums, met with the Zoning Advisory Panel, convened four focus groups with different groups of stakeholders and industries with common interests, met with the Planning Board, spoke with attorneys representing both developers and neighborhood groups, and met
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Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
Part I: Introduction and Overview Section I.B Overview of the Report
with most of the District Council members. We collected hundreds of comments about what was wrong (and a few about what was right) with the current Zoning Ordinance and Subdivision Regulations. During the summer and fall of 2014 we conducted an in-depth review of Plan 2035, functional, master, and sector plans, the Zoning Ordinance, the Subdivision Regulations, the Landscape Manual, the Roadway Manual, and other documents used by Prince George’s County to review and approve development in order identify areas where the This document brings together our current regulations fall short of those tools needed for a Evaluation and Recommendations about 21st Century Zoning Ordinance for Prince George’s County. This document brings together our Evaluation and Recommendations about what needs to be changed and how to change it. The report is organized into six parts, four of which focus on key themes for improvement. The last section is our recommended Annotated Outline for how the regulations should be restructured and where each change should be incorporated: I.
This Introduction and Overview
II. Making the Regulations More User-Friendly and Streamlined III. Modernize, Simplify, and Consolidate Zones and Zone Regulations IV. Implement Key Goals, Policies, and Strategies of Plan Prince George’s 2035 V. Modernize the Regulations and Incorporate Best Practices
what needs to be changed and how to change it. The report is organized into six parts… I.
This Introduction and Overview
II.
Making the Regulations More UserFriendly and Streamlined
III. Modernize, Simplify, and Consolidate Zones and Zone Regulations IV. Implement Key Goals, Policies, and Strategies of Plan Prince George’s 2035 V.
Modernize the Regulations and Incorporate Best Practices
VI. Annotated Outline of the New Zoning Ordinance and Subdivision Regulations
VI. Annotated Outline of the New Zoning Ordinance and Subdivision Regulations After being reviewed by staff, residents, business and property owners, municipal officials, Planning Board, the District Council, and other affected parties —and after any changes to these recommendations have been noted— Section VI of this report will become the “roadmap” for the drafting of the new Zoning Ordinance and Subdivision Regulations that will begin in early 2015.
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II. MAKE THE REGULATIONS MORE USERFRIENDLY AND STREAMLINED The most common complaint heard about the current Prince George’s County Zoning Ordinance and Subdivision Regulations is that they are too complex and cumbersome to use. As a result, standards and procedures get misunderstood and manipulated, even minor approvals require the involvement of a lawyer, myriad special exceptions to the rules and standards have been created through substantive footnotes, and decision-making is highly subject to political pressures. The first goal of this project, then, is to make the zoning and subdivision controls understandable and usable by ordinary citizens and to wring the inefficiencies and inconsistencies out of the County’s standards and procedures.
A. MAKE THE STRUCTURE AND FORMAT MORE LOGICAL AND INTUITIVE User-friendly regulations should be easy to use, rely on an intuitive and logical organization, and allow a reader to locate the desired information quickly. They also use plain English, use precise language and standards, and provide examples or illustrations of complex provisions. They are organized and presented in a logical way that helps readers understand how different pieces of information relate to one another. The County’s current Zoning Ordinance and Subdivision Regulations are not user-friendly for a number of reasons.
They are not intuitive and logically organized.
They do not integrate graphics, illustrations, photographs, tables, or flowcharts to explain complex zoning terms.
The format is difficult to navigate.
In many instances they do not use plain English or precise language and standards.
The review procedures are lengthy, include too many review steps in some instances, and are unpredictable.
On-line access to the regulations is primarily through the County’s Legislative Information Systems (LIS), and that system’s reliance on section-by-section (and figure-by-figure) downloading makes it cumbersome to use.
The structures of the current Zoning Ordinance and Subdivision Regulations are not logical or intuitive because related provisions are scattered throughout the documents. Review procedures are found in different places. Development standards appear in multiple places. Some terms used in the regulations are not defined. Special rules and procedures addressing uses and
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
Subtitle 27: Proposed Zoning Ordinance Structure Division 27-1 General Provisions Division 27-2 Administration Division 27-3 Zone and Zone Regulations
Division 27-4 Use Regulations Division 27-5 Development Standards Division 27-6 Nonconformities Division 27-7 Enforcement Division 27-8 Definitions APPENDIX
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Part II: Make the Regulations More User-Friendly and Streamlined Section II.B Integrate more Graphics, Illustrations, and Tables
Subtitle 24: Proposed Subdivision Regulations Division 24-1 General Provisions Division 24-2 Administration
development standards are buried in footnotes, making it very difficult to gain a clear picture of what is specifically required for development. Many interviewees noted that important information seems buried in the regulations, at different levels, making the regulations challenging to navigate and understand, and to determine which requirements may be relevant to a particular application.
Division 24-3 Subdivision Standards
Modern codes address these problems by organizing the regulations in a logical hierarchy based on procedural and o Sec. 24-3.100 Planning and Design substantive relationships (see sidebars where new structures are o Sec. 24-3.200 Transportation, Pedestrian, Bikeway, Circulation Standards proposed for the Zoning Ordinance and Subdivision Regulations). The organization for both is set out in much greater detail in o Sec. 24-3.300 Environmental Standards Section VI, Annotated Outline of New Zoning Ordinance and o Sec. 24-3.400 Public Facility Requirements Subdivision Regulations. All procedures are consolidated into one o Sec. 24-3.500 Public Facility Adequacy division or chapter in both new documents, and the provisions o Sec. 24-3.600 Road Adequacy common to all procedures are included in a common procedures o Sec. 24-3.700 School Facility Adequacy section. In the Zoning Ordinance, the zones and use regulations o Sec. 24-3.800 Parklands and Recreation are consolidated into two integrated divisions/chapters. Facilities Development standards in both the Zoning Ordinance and Division 24-4 Chesapeake Bay Critical Area Subdivision Regulations are consolidated and their applicability Protection Standards to different types of development clarified. All enforcement Division 24-5 Enforcement provisions are consolidated into one division in both (as well as nonconformities in the Zoning Ordinance.) Finally, all definitions Division 24-6 Definitions are consolidated into one division/chapter and located at the APPENDIX back of the regulations, since they typically serve as a supplementary reference tool rather than as a primary source of regulatory information. An Appendix is included in case forms and application materials are not placed in a Procedures Manual (see discussion in Section II.F.1.e, Use a Procedures Manual).
B. INTEGRATE MORE GRAPHICS, ILLUSTRATIONS, AND TABLES One key way to make regulations user-friendly is through use of graphics, illustrations, photos, flowcharts, and tables. The old adage “a picture is worth 1,000 words” is certainly true when talking about communicating zoning concepts. Flowcharts, illustrations, graphics, and diagrams are also very helpful in zoning regulations because they convey information concisely and, in many instances, more clearly, eliminating the need for lengthy, repetitive text. The current regulations do not take advantage of the many advances in graphic design and recent thinking about the use of clear illustrations and graphics to explain or establish zoning requirements. For example, see the basic graphics in the Zoning Figures section of the Zoning Ordinance, and the graphics in Sec. 27A, Zoning Ordinance.
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Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
Part II: Make the Regulations More User-Friendly and Streamlined Section II.B Integrate more Graphics, Illustrations, and Tables
1. Graphics The current regulations rely on text (and in limited instances tables) to convey most zoning concepts, processes, and standards. The result is a bulky document that fails to visually communicate the desired intention behind various provisions. Increasing the number and type of graphics throughout the regulations to help illustrate procedures, development form, and design concepts, such as parking space dimensions, parking lot landscaping and other landscaping and screening requirements would make the regulations more user-friendly (e.g., see the images to the right). Use of photographs demonstrating both preferred and discouraged development forms and patterns would also make the regulations more user-friendly. An example of a zone regulations format integrating photos, graphics, and three-dimensional drawings is shown below and in Appendix C: Example Zone Regulation Format. Other examples of the use of graphics to show parking lot landscaping, landscaping, streetscape, design, and other development standards are shown in Appendix A: Examples of User-Friendly Code Graphics.
2. Flowcharts and Summary Tables Flowcharts and summary tables are also very helpful in presenting information succinctly and eliminating repetition or inconsistent terminology. For example, flowcharts can be used along with text in the procedures section of the regulations to graphically portray the process required for review of a specific type of development application—from the time of application submission to the final decision on the application. An example flowchart used in another community’s code is shown to the right. Another graphic tool that needs to be used more prominently in the regulations is summary use tables. They not only reduce the number of pages required to convey the same information, but allow a user to quickly compare how a certain use is treated in different zones, or to quickly determine development standards (e.g., for off-street parking spaces). Cross-references in summary tables may also be used to direct a user to supplemental regulations that apply to specific uses. While the current regulations use some basic summary tables (e.g., some of the use tables and some of the dimensional standards tables), these tables could be presented in a much more graphically pleasing way. An example use table is outlined in Section III.D.1, Consolidate Use Tables into a Single Summary Use Table. There are many other standards that would benefit from inclusion within a summary table, such as open-space set-aside standards, landscaping standards, and lighting standards (as well as other provisions). Examples of several of the types of tables are included in Appendix B: Examples of Summary Tables Used in Codes. The new regulations should incorporate these types of tables and flowcharts.
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Part II: Make the Regulations More User-Friendly and Streamlined Section II.C Improve Document Formatting
C. IMPROVE DOCUMENT FORMATTING Some interviewees noted that the formatting of the current Zoning Ordinance and Subdivision Regulations make them difficult to navigate and use. Most pages in the regulations consist of text running from margin to margin, with little or no separation or visual distinction between provisions. They do not make use of section headers or footers to highlight the page number and section. The referencing system is not intuitive, making it difficult to understand. There is no index. Cross references are not widely used. There is no glossary of abbreviations. The table of contents is modest, but could be enhanced. To improve readability, modern codes use distinctive headings styles to more clearly distinguish various sections, subsections, paragraphs, and subparagraphs (e.g., see example page lay-out from another community’s code on this page). They also use indents, tables, and graphics to better balance text and white space on pages, which will make text easier to read and further clarify and distinguish sections, subsections, paragraphs, and subparagraphs.1 An example of these elements in a modern code is shown on this page. Additionally, modern codes use:
An easy to understand referencing system.
A detailed table of contents.
Detailed headers and footers that highlight the section number and topic on each page and allow a reader to quickly thumb through the regulations to find section headers and footers.
Numerous cross-references.
An index of topics at the end of the document.
A glossary of abbreviations.
We suggest all of these techniques be used in the new Zoning Ordinance and Subdivision Regulations to enhance their user-friendliness. Finally, we recommend the regulations establish a hierarchy of divisions and sections, with a numbering system that is more logical and anchors the sections in the division/chapter of the ordinance in which they are located. The existing 1
Unlike the format of regulations accessed through the County’s Legislative Information System, which lack systematic indenting of provisions.
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Part II: Make the Regulations More User-Friendly and Streamlined Section II.D Design the New Zoning Ordinance and Subdivision Regulations for Electronic Use
Zoning Ordinance is organized into 18 parts and over 900 sections. The numbering in the sections is chronological, no matter what part of the ordinance one is in, except for the last part (Part 18 Interim Land Use Controls), which jumps from sections in the 900s (in Part 17,Delegation of Authority) to 1800. (The current Subdivision Regulations, which is much shorter, is generally organized in the same way with 11 divisions and approximately 52 sections.) To better organize the procedural and substantive provisions in the new Zoning Ordinance and Subdivision Regulations, we recommend using a hierarchy of divisions/chapters and sections, with the numbering of the divisions/chapters by the 100s (100, 200, 200, etc.), not in straight numerical order (e.g., the first section in the Division 2: Administration, of the Zoning Ordinance would be numbered 27-2.100, and so on; the numbering system is demonstrated in the Annotated Outline and the sidebars for the proposed new structure of the Zoning Ordinance and Subdivision Regulations in Section II.A, Make the Structure and Format More Logical and Intuitive as well as a hierarchy of section headings and font types and sizes to illustrate the relationship of the provisions. As discussed above and outlined in detail in Section VI, Annotated Outlines of New Zoning Ordinance and Subdivision Regulations, we recommend the Zoning Ordinance be divided into eight divisions, and the Subdivision Regulations into six divisions. In addition, we recommend separate section and subsection headings be used to provide “guideposts” that distinguish provisions by topic and purpose.
D. DESIGN THE NEW ZONING ORDINANCE AND SUBDIVISION REGULATIONS FOR ELECTRONIC USE Another modern tool some local governments are using to improve the “user-friendliness” of their development codes is the interactive, computerized code that is accessed on CD-ROM or their website. Electronic codes can greatly assist in presenting relevant information to the community, quickly and easily. The County’s current Zoning Ordinance and Subdivision Regulations are available on the internet through the Municode website, but it is difficult to use and navigate, and has modest ability to support the use of images, cross references, or other user-friendly graphics that are found in modern codes. To ensure the County’s new Zoning Ordinance and Subdivision Regulations takes advantage of the most current web-based technology, once the new regulations are adopted, the County might want to consider having a digital Visual Interactive Code (VIC) prepared for placement on its website. The VIC is a Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
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Part II: Make the Regulations More User-Friendly and Streamlined Section II.E Make Language Clearer and More Precise
graphically driven, interactive format specifically designed to present the type of complex information typically included in a development code: a dynamic table of contents, keyword index, full text search, bookmarking capabilities, and hypertext links for defined terms, cross-references and illustrated commentary. The illustrated commentary feature means that design standards and key topics are explained in a dynamic, highly visual manner (e.g., photographs of appropriate and inappropriate screening of mechanical equipment).
E. MAKE LANGUAGE CLEARER AND MORE PRECISE Another way to make regulations user-friendly is to ensure ordinance language is clear and precise. Standards, other requirements, and procedures that are unclear invite different interpretations and create uncertainty for development applicants as well as staff, review boards, and the public. Although some regulations do not lend themselves to exact numbers, the use of numerical ranges and elimination of general/aspirational language can go a long way towards clearer understanding of the code requirements for both citizens and investors. Once clear, objective standards are included in the regulations, they can be applied in a consistent manner to each project that comes up for review. The current regulations have numerous instances where there is general and imprecise language, and conflicting provisions. During the rewrite, all review standards and all other ordinance language will be reviewed, and where appropriate, modified with clear, precise, and where appropriate, measureable standards and language that conforms with the County’s planning and development goals.
F. STREAMLINE REVIEW PROCEDURES WHERE APPROPRIATE One of the primary issues raised in interviews, focus group meetings, meetings with the Zoning Advisory Panel, and the Countywide Public Forums about this rewrite project was the need to simply and streamline the development review procedures to increase efficiency, certainty, and create more transparency in the process. In addition, our independent review of the current procedures which are summarized in Table 1: Current Development Review Procedures, Prince George’s County, suggests the County consider changes to its current permitting approach, which is too complex, inefficient, and uncertain. This is one of the longest and most complex tables of its type we have ever seen.
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Part II: Make the Regulations More User-Friendly and Streamlined Section II.F Streamline Review Procedures Where Appropriate
TABLE 1: CURRENT DEVELOPMENT REVIEW PROCEDURES, PRINCE GEORGE’S COUNTY 2
D = Decision R = Recommendation C = Comment A = Appeal I = Initiation (if other than applicant) < > = Public Hearing required > ( ) = Call-Up available
Amendments and Planned Developments Text Amendment
<D>
C
I - <D>
<R>
Sectional Map Amendment (Regulating Plan)
<D>
<R>
Zoning Map Amendment – Conventional5
<D>
<R>6
<R>
Zoning Map Amendment – Mixed Use / CDZ (Basic Plan)
<D>
<R>
8
Zoning Map Amendment – Chesapeake Bay C.A. Overlay
<D>
I <R>
<R>
I - <D>
<R>
Sectional Map Amendment
Architectural Conservation Overlay Zoning Map Amendment (Regulating Plan)
<D>
C C C
C7 C7
C C
<R>
C
Discretionary Review Special Exceptions
(<A>)
<D>
C
Special Exception major change
<D>
<R>
C
Special Exception revocation/modification
<D>
C
<R>
<D>
C
Special Exception-minor changes assigned to Planning Board
<A>
D
Special Permit
(<A>)
C
C
Special Exception-minor changes assigned to Planning Board
Minor changes for gas station and fast food, health campus
C
I
<D> <D>
C
C
2
A “recommendation” in the table refers to a formal recommendation that is typically a legally required step in the process, as opposed to a staff recommendation to a legally required review body. 3 Planning staff review is usually referred to as the “Technical Staff Report.” 4 Department of Permitting, Inspections, and Enforcement. A 2014 amendment transferred referral responsibilities to this Department. 5 The R-P-C Zone has options for approval through an SMA or Detailed Site Plan, depending on when an existing R-P-C zone or plan classification was approved. The zone and associated procedures are rarely used. 6 The Planning Board may elect not to hold a hearing, making the Technical Staff Report the formal recommendation. 7 If the land includes a historic resource on a Historic Sites and Districts Plan. 8 The Zoning Hearing Examiner (ZHE) only conducts a hearing where there is express authority for a hearing. Sec. 27-127, Zoning Ordinance, provides express authority for conventional rezonings only. Authority is also given for ZHE hearings for the R-T, M-U-I (by District Council referral), and Aviation Policy Area (by District Council referral).
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
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Subdivision and Development Review Committee
4
DPIE
Municipalities
Historic Preservation Commission
3
Planning Staff
Planning Director
Board of Zoning Appeals
Zoning Hearing Examiner
Procedure
Planning Board
District Council
Review and Decision-Making Bodies
Part II: Make the Regulations More User-Friendly and Streamlined Section II.F Streamline Review Procedures Where Appropriate
TABLE 1: CURRENT DEVELOPMENT REVIEW PROCEDURES, PRINCE GEORGE’S COUNTY 2
D = Decision R = Recommendation C = Comment A = Appeal I = Initiation (if other than applicant) < > = Public Hearing required > ( ) = Call-Up available
Subdivision and Development Review Committee
4
DPIE
Municipalities
Historic Preservation Commission
3
Planning Staff
Planning Director
Board of Zoning Appeals
Zoning Hearing Examiner
Procedure
Planning Board
District Council
Review and Decision-Making Bodies
Comprehensive Design Zone and Mixed-Use Zone Plans Basic Plans (see “Zoning Map Amendment – Mixed Use / CDZ” above) Basic Plan Amendments
<D>
<R>
Comprehensive Design Plan
(<A>)
<D>
<R> C
C
Specific Design Plan
(<A>)
<D>
C
C
Site Plans Conceptual Site Plan
(<A>)
<D>
C
C
Detailed Site Plan
(<A>)
<D>
C
C
Permit Site Plan
(<A>)
<A>
- with deviation / variance
(<A>)
<D>
Site Plan amendment
<A>
<R>9
D C C/R
Subdivisions Major Subdivision
C
Sketch Plan (Optional)
C
Preliminary Plan (Conventional) Final Plat
<D>
C
C
D
Minor Subdivision
<A>
D
Conservation Subdivision C10
Sketch Plan Preliminary Plan
<D>
Final Plat
C C
C
D
Vacation of Plat
<D>
C
Permits and Certificates Zoning Certification
<A>
D
Buildable Lot Letter
<A>
D
Use and Occupancy Permit
<A>
Temporary use and occupancy permits
<A>
C
D
Grading Permit
<A>
C
D
Building Permit
<A>
C
D
D
Chesapeake Bay Critical Area Conservation 9
Sec. 27-135(c), Zoning Ordinance, states that the ZHE’s “recommendation” may be “appealed,” but does not say what happens if there is no appeal. The implication is that the ZHE’s decision becomes final. 10 The Planning Director must certify that a sketch plan was filed before the Planning Board considers the preliminary plan.
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TABLE 1: CURRENT DEVELOPMENT REVIEW PROCEDURES, PRINCE GEORGE’S COUNTY 2
D = Decision R = Recommendation C = Comment A = Appeal I = Initiation (if other than applicant) < > = Public Hearing required > ( ) = Call-Up available
Subdivision and Development Review Committee
4
DPIE
Municipalities
Historic Preservation Commission
3
Planning Staff
Planning Director
Board of Zoning Appeals
Zoning Hearing Examiner
Planning Board
Procedure
District Council
Review and Decision-Making Bodies
Plan Minor Plan
D
Major Plan
D
C
C
C
C
Relief Procedures Appeals
<D>
C
Variance
<D>
C
Variance (concurrent with Permit Site Plan) (Urban Centers-Corridor Nodes) Departure (Signs, Parking, Design, Landscaping)
(D) (<A>)
<D>
Deviations (concurrent with Permit Site Plan) (Urban Centers-Corridor Nodes)
C
C
C
(D)
Certification of nonconforming use
(<A>)
<D>
Validation of permits issued in error
<D>
<R>
Fence waivers for nonconforming junk yards
<D>
<R>
Reduction of the minimum area required for the construction of attached dwellings
<D>
C
Parking waivers
<D>
Nonconforming gas station
(<A>)
<D>
Nonconforming drive-in or fast food restaurant
(<A>)
<D>
<R>
<R> <R>
ENFORCEMENT PROCEDURES Zoning enforcement, generally
<A>
Annulments of Map Amendment approvals for noncompliance with conditions
<D>
Complaints regarding medical practitioners’ offices in one-family dwellings
<D>
<R>
Complaints regarding racetracks
<D>
<R>
Revocation of certification of nonconforming use
(<A>)
Revocation of Special Exception
<R>
I
<R>
<D> R
I <D>
R
OTHER PROCEDURES Construction of buildings within planned highways and transit routes
<D>
Optional Parking Plans in the U-L-I Zone
(<A>)
<R> <D>
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Part II: Make the Regulations More User-Friendly and Streamlined Section II.F Streamline Review Procedures Where Appropriate
The current Zoning Ordinance devotes over 350 pages of text to the administrative and special exception chapters—not counting other procedural provisions that are scattered throughout the Ordinance. The result is an ordinance that:
Makes it very difficult for a user to gain a full picture of all the procedures and review steps, standards, and other requirements for a development approval or permit;
Includes an exceptionally complex array of discretionary review procedures, including: o
….our independent review of the current procedures … suggests the County consider changes to its current permitting approach, which is too complex, inefficient, and uncertain.
o
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Multiple rezoning procedures that:
Are not coordinated;
In some instances serve the same purposes;
Sometimes use more review steps than similar procedures in other modern codes (unnecessarily adding to the time and complexity of the development review process); and
Incorporate small variations in review procedures that are unnecessary and sometimes confusing.
Confusing procedures for special uses:
Some of which are no longer necessary to treat as special uses;
With multiple special use procedures (special exceptions and special permits) that serve the same purpose; and
More review steps than most modern codes have for special uses;
Includes two different site plan procedures that: o
Are not well coordinated with other approval processes that require development plan approval;
o
Include many more review steps than is the common practice today for the review of site plans;
o
Do not include a clear and precise set of review standards; and
o
Are consolidated in most modern codes;
Includes relief and flexibility procedures that: o
Are dispersed in multiple places throughout the regulations, making it difficult for a user to understand which provisions are available for use;
o
In some instances include imprecise thresholds and review standards for departures from development standards; and
o
Include multiple review and appeal steps, undercutting the goal of efficient and streamlined administration.
At the same time, the current text does not include a formal procedure for an applicant or citizen to get interpretations of the ordinance text, the uses,
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Part II: Make the Regulations More User-Friendly and Streamlined Section II.F Streamline Review Procedures Where Appropriate
and the zone map boundaries, creating opportunities for inconsistent administration of ordinance provisions. Given the present state of the review procedures, it is not surprising so many builders and real estate professionals indicated that developing in Prince George’s County is more difficult than in neighboring counties. To address these problems and to streamline development review, we suggest the new regulations:
Simplify the review process through defining some standard procedures that are the same for many types of development permit applications. The standard procedures would: o
Require pre-application neighborhood meetings for certain types of development proposals;
o
Establish a completeness review requirement; and
o
Consolidate all public notification requirements into one section.
Remove all application requirements from the regulations and place them in a Procedures Manual along with other technical materials that clutters the regulations and makes them difficult to follow.
Standardize the review procedure language so that it is internally consistent.
Clarify and make the review standards more precise and measureable, where appropriate, as well as more consistent with the County’s planning and development goals.
Modify and streamline the current review procedures as summarized in Table 2: Proposed Development Review Procedures, Prince George’s County.
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TABLE 2: SUGGESTED DEVELOPMENT REVIEW PROCEDURES, PRINCE GEORGE’S COUNTY D = Decision R = Recommendation
12
13
C = Comment A = Appeal I = Initiation (If Other Than Applicant) < > = Public Hearing Required
Subdivision and Development Review Committee
15
DPIE
Municipalities
Historic Preservation Commission
14
Planning Staff
Planning Director
Board of Zoning Appeals
Procedure
Zoning Hearing Examiner
District Council
Planning Board
Review and Decision-Making Bodies
Master Plans or Sector Plans I <D> [2]
Master Plan or Sector Plan
<R> [1]
C
Amendments and Planned Developments Comprehensive Map Amendment and Text Amendments Text Amendment Countywide Map Amendment
C
C16
<R>
C
C16
<R>
<R>
C
C16
I <R>
<R>
C
<D>
<R>
Parcel Specific Map Amendment
<D>
<R>
Planned Developments – with Basic Plan [3][5]
<D>
Zoning Map Amendment – Chesapeake Bay Critical Area Overlay Zone
<D>
Sectional Map Amendment
Use Permits Special Exceptions [4][6]
<D>
C
Site Plans Major Site Plan
<A>
Minor Site Plan
<D> <A>
<D>
C
C
C
C
Subdivisions Major Subdivision
C
Preliminary Plan (Conventional)
<D>
Final Plat
C
C
D
Minor Subdivision
<A>
D
C
Conservation Subdivision C19
Sketch Plan Preliminary Plan
<D>
Final Plat
C D
Vacation of Plat
<D>
C
12
A “recommendation” in the table refers to a formal recommendation that is typically a legally required step in the process, as opposed to a staff recommendation to a legally required review body. 13 All land use cases may be appealed to the Circuit Court after any review board decision. 14 Planning staff review is usually referred to as the “Technical Staff Report.” 15 Department of Permitting, Inspections, and Enforcement. A 2014 amendment transferred referral responsibilities to this Department. 16 If the land includes or is adjacent to a historic resource on a Historic Sites and Districts Plan. 19 The Planning Director must certify that a sketch plan was filed before the Planning Board considers the preliminary plan.
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Part II: Make the Regulations More User-Friendly and Streamlined Section II.F Streamline Review Procedures Where Appropriate
TABLE 2: SUGGESTED DEVELOPMENT REVIEW PROCEDURES, PRINCE GEORGEâ&#x20AC;&#x2122;S COUNTY D = Decision R = Recommendation
12
13
C = Comment A = Appeal I = Initiation (If Other Than Applicant) < > = Public Hearing Required
Subdivision and Development Review Committee
15
DPIE
Municipalities
Historic Preservation Commission
14
Planning Staff
Planning Director
Board of Zoning Appeals
Zoning Hearing Examiner
Planning Board
Procedure
District Council
Review and Decision-Making Bodies
Permits and Certificates Zoning Certification
<A>
D
Buildable Lot Letter
<A>
D
Use and Occupancy Permit
<A>
D
Temporary Use and Occupancy Permits
<A>
D
Grading Permit
<A>
D
Building Permit
<A>
D
Chesapeake Bay Critical Area Conservation Plan Minor Plan
D
Major Plan
D
C
C
C
C
Relief Procedures [9] Interpretations (Text, Uses, and Zone Map)
<A>
Variances
<D>
D C
Adjustments (Departures) Minor Adjustments [7]
<A>
Major Adjustments [8]
<D>
Validation of Permits Issued in Error
<D>
D <R>
Appeals
<D>
C
Enforcement Procedures Zoning Enforcement, Generally Annulments of Map Amendment for Noncompliance with Conditions
<A> <D>
I
<R>
Other Procedures Construction of Buildings within Planned Highways and Transit Routes
<D>
<R>
NOTES: [1] The Planning Board shall adopt the Master Plan or Sector Plan and issue a resolution of adoption. It shall then be transmitted to the District Council. [2] The District Council shall conduct a joint public hearing with the Planning Board before taking action on the Master Plan or Sector Plan. The District Council shall take action on the Master Plan or Sector Plan and issue a resolution. [3] The Planned Development Map Amendments would involve a consolidated procedure for all of the planned development discretionary review development options available for the Regional Transit District, Local Transit Center, Campus Center, Local Center, Employment Area, and other planned development zones. This procedure, in conjunction with the recommendations for the restructuring of the zones, will result in replacement of and a procedural streamlining and simplification of the current comprehensive design zones and mixed uses zones in the current regulations. [4] The revocation of special exception process is carried forward, but not included as a specific procedure; instead, it is proposed to be included in the actual review procedures for special exception. It is suggested that the process be initiated by DPIE, with a hearing and recommendation by the ZHE, and final decision by the Planning Board. [5] It streamlines the review steps from basically three or four to two. The first step in this process involves the approval of a rezoning with a Basic Plan; the second step involves the review and approval of a Major Site Plan.
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Part II: Make the Regulations More User-Friendly and Streamlined Section II.F Streamline Review Procedures Where Appropriate
TABLE 2: SUGGESTED DEVELOPMENT REVIEW PROCEDURES, PRINCE GEORGE’S COUNTY D = Decision R = Recommendation
12
13
C = Comment A = Appeal I = Initiation (If Other Than Applicant) < > = Public Hearing Required
Subdivision and Development Review Committee
15
DPIE
Municipalities
Historic Preservation Commission
14
Planning Staff
Planning Director
Board of Zoning Appeals
Zoning Hearing Examiner
Planning Board
Procedure
District Council
Review and Decision-Making Bodies
[6] Consolidates all special exception and special permits into one procedure – special exceptions. [7] Consolidates all departures (parking, landscaping, signs, dimensional standards) up to certain threshold for decision by Planning Director, appeal of decision to Planning Board. [8] Consolidates all departures (parking, landscaping, signs, dimensional standards) that are not minor departures for decision by Planning Board. [9] It is suggested that the certification of nonconforming use procedure be deleted, and that the Planning Director be authorized to determine whether a use, structure, lot, or sign is nonconforming (see discussion in Division 27-6, Nonconformities, of the Annotated Outline of the Zoning Ordinance). The determination of the Planning Director on a nonconformity would be treated as an interpretation, and could be appealed to the Board of Zoning Appeals. This is the common best practice, nationally.
Reorganize the Map Amendment (rezonings) procedures into four different types of rezonings: o
Comprehensive Map Amendments and Text Amendments. (Text Amendments, Countywide Map Amendments, and Sectional Map Amendments (SMAs);
o
Parcel Specific Map Amendments;
o
Chesapeake Bay Critical Area Overlay Map Amendments; and
o
Planned Development Map Amendments. The Planned Development Map Amendments would involve a consolidated procedure for all of the planned development discretionary review options available for the Regional Transit District, Local Transit Center, Campus Center, Local Center, Employment Area, and other planned development zones. This procedure, in conjunction with the recommendations for the restructuring of the zones, will result in procedural streamlining and simplification of the current comprehensive design zones and mixed use zones. This restructuring will also remove the specific development-type provisions from the Area Master Plans and place them in the new Zoning Ordinance, either in the restructured zones or in a consolidated set of development standards that distinguish between Countywide standards and standards for special areas and situations.
Prohibit incorporation of development-type regulations in the Area Master Plans/Sector Plans in the future, instead requiring they be adopted as part of the Zoning Ordinance or Subdivision Regulations.
Eliminate the special permits, or if a special permit use needs to be carried forward, consolidate the special permits into the special exception uses. o
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Evaluate, and where possible reduce the number of special exception uses identified and required for special review.
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Part II: Make the Regulations More User-Friendly and Streamlined Section II.F Streamline Review Procedures Where Appropriate
o
Consolidate the use specific standards that apply to the review of a special exception use into one section, and make the standards as precise and measureable as reasonably possible.
o
Revise and consolidate the review procedure and authorize the Zoning Hearing Examiner (ZHE) to review and decide special exception uses. Appeals from the ZHE would go to the Circuit Court (removing the District Council as an appellate body for appeals). This allows for an official with a professional background to review and make a final decision on the case involving the appropriateness of a particular use on a site, while ensuring that affected land owners and neighbors have input.
For Subdivisions: o
Include a clear definition of “subdivision” in the regulations, consistent with the Regional District Act.
o
Carry forward the definition of minor subdivision to include the division of up to four residential lots in residential single-family zones, and the division of up to seven lots in Sustainable Growth Tier IV.
o
Carry forward the current review procedure for a minor subdivision.
o
Carry forward the current review procedure for Planning Board decisions on a preliminary plan for major subdivisions.
o
Authorize the Planning Director to decide final plats for major subdivisions.
For Site Plans: o
Consolidate conceptual and detailed site plan review into one site plan review procedure.
o
Establish a two-tier level of site plan review – minor and major.
o
Minor site plans would be reviewed and decided by the Planning Director. Appeals would be to the Planning Board, and then to the Circuit Court (removing the District Council as the appellate body for minor site plans).
Major site plans would be reviewed and decided by the Planning Board. Appeals would be to the District Council, and then the Circuit Court.
Establish the same development review standards for all site plans – compliance with all relevant development/design standards in the Zoning Ordinance, the Subdivision Regulation standards, all other County ordinances, and all relevant state and federal laws.
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For Relief and Flexibility Provisions: o
Change the name of departures to adjustments.
o
Provide the Planning Director authority to grant administrative approval for Minor Adjustments from dimensional standards, parking, landscaping, signs, targeted design standards, and lot area by up to 15 percent, subject to specific review standards, and consolidate these provisions into one review procedure.
o
Provide the Planning Director authority to review and make decisions on minor adjustments (e.g., between 15 to 25 percent) in targeted areas in the County that require additional flexibility for development, subject to specific review standards, like in Regional Transit District Zones, Local Center Zones (Local Transit Center Zones, Neighborhood Center Zones, and Town Center Zones), Employment Area Zones, and Neighborhood and Commercial Reinvestment Overlay Zones.
o
Authorize the Planning Board to serve as the appellate body for decisions on minor adjustments.
o
Carry forward and refine the Planning Board’s authority to review and decide major adjustments from parking, landscaping, signs, building design, and lighting, and consolidate these provisions under one review procedure. Add specific limitations to the degree of adjustments that could be granted by the Planning Board (between 15 and 25 percent outside of those areas where the Planning Director can review minor adjustments at the same level), as well as other standards that ensure the adjustments are consistent with the character of the zone where the development is located.
o
Eliminate the District Council as an appellate body for the Planning Board’s decisions on adjustments (and the “call-up” provision), allowing any appeal to go directly to Circuit Court, since adjustments involve the fairly technical review of the application of development standards to development on a specific site.
o
Carry forward and refine the cities’ of Bowie’s, College Park’s, Greenbelt’s, and New Carrollton’s authority to review and decide
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Part II: Make the Regulations More User-Friendly and Streamlined Section II.F Streamline Review Procedures Where Appropriate
adjustments from parking, signs, landscaping, screening, and buffering, by establishing more precise development review standards and thresholds for departures. o
Add contextual compatibility standards that would be applied to targeted areas in the County and would supersede the dimensional standards in the zone. The contextual compatibility standards would, for example, require development to maintain setbacks that are between 115-125 percent of the average setbacks, lot area, and possibly height, for similar uses on the same block face.
o
Establish a formal process for making interpretations to the text, uses, and zone map in the Zoning Ordinance. It should authorize the Planning Director to make interpretations. Interpretations should be made in writing and authorize the Board of Zoning Appeals to hear appeals of that interpretation. The following sections discuss these streamlining suggestions in much greater detail.
1. Establish a Set of Standard Procedures The procedures for the review of development applications are scattered throughout the current Zoning Ordinance and Subdivision Regulations and are not ordered in any logical sequence. In many instances, the common elements of each different type of development application is addressed separately for the individual procedure. Many modern codes have established a set of standard review procedures that apply to all development applications. We suggest the new Division 2 (Administration) include a set of standard procedures that address review requirements relevant to many or all applications for development approvals and permits. The types of procedural requirements included in the standard procedures section would address: o
Who has authority to submit applications;
o
Pre-application conferences;
o
Notification of neighbors and other interested parties about the application;
o
Neighborhood meetings;
o
Application fees and schedule;
o
Completeness determination provisions;
o
Rules governing preparation of the staff report;
o
Public notification and public hearing requirements;
o
Deferral and withdrawal of applications;
o
Basic procedures to follow during public hearings;
o
Review and approval by staff, the Hearing Examiner, the review boards, and the District Council (including the imposition of conditions on approval);
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o
Notification of the applicant regarding the decision;
o
Amendments; and
o
Expiration and lapse of approval.
The current regulations address most of these issues, but in disparate, disjointed, and inconsistent ways. A standard procedures section establishes a consistent set of procedures for the processing of all applications, and would be supplemented with additional changes described in the following subsections. In addition, it would help the reader by organizing each procedural section in a similar way by creating a similar workflow for each procedure, from initiation to appeal. a. Neighborhood Meeting In 2004, the County added pre-application informational mailing requirements for most of its discretionary applications (e.g., map amendments, comprehensive and specific design plans, conceptual and detailed site plans, special exceptions, and variances).21 These mailings are sent to adjacent land owners, parties of record in previous applications, and registered civic associations that an application has been submitted requesting review of the particular application. A neighborhood meeting is one way to augment public participation efforts. Neighborhood meetings are used by an increasing number of local governments throughout the country to provide a framework for a development applicant to get together on a more informal basis with neighbors/land owners surrounding a proposed development to (1) educate the neighbors about the project, (2) hear neighbor concerns, and (3) hopefully resolve these concerns in an informal setting, if appropriate. The timing and requirements for neighborhood meetings vary from community to community. These kinds of meetings keep neighborhoods and applicants informed of one anotherâ&#x20AC;&#x2122;s perspectives. In some communities, the neighborhood meeting is optional. If the applicant decides to proceed with the neighborhood meeting, parameters are established in the ordinance about how notice is to be given and how the meeting is conducted. In other communities, neighborhood meetings are required to be conducted prior to submission of an application. In still other communities, the neighborhood meeting is required prior to completion of staff review of the application. Still other communities do not require, but encourage the neighborhood meeting, and authorize the Planning Director to require an applicant to conduct a neighborhood meeting prior to completion of 21
Sec. 27-125.01, Zoning Ordinance.
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Part II: Make the Regulations More User-Friendly and Streamlined Section II.F Streamline Review Procedures Where Appropriate
the staff report on the application if the development proposed is anticipated to generate a certain level of impact on adjacent lands, roads, or public facilities. We suggest the most appropriate time to conduct a neighborhood meeting is before the application is submitted. If that is not possible, the second best option is to conduct the meeting before the staff report is prepared on the application. 22 Requiring a pre-submission neighborhood meeting, ideally held in the neighborhood affected by the project, allows the applicant/developer to work with the community and form a proposal that is mutually beneficial and addresses as many of the public’s concerns as possible. This could potentially streamline the process by heading off issues that would otherwise arise late in the development approval process or be the subject of an appeal. We recommend the County consider We recommend the County consider requiring a presubmission neighborhood meeting requirement in the new regulations, for certain types of applications, and if included, establish procedures for how the neighborhood meeting is conducted. This includes procedures requiring:
requiring a pre-submission neighborhood meeting requirement in the new regulations, for certain types of applications, and if included, establish procedures for how the neighborhood meeting is conducted.
Written notification of surrounding land owners and affected neighborhood organizations a reasonable period of time before the meeting;
The meeting(s) be held in close proximity to the affected neighborhood or land, or at a convenient location;
The applicant explain the development proposal, provide neighbors an opportunity to ask questions, provide comments, and voice concerns;
Encourage informal resolution of any outstanding issues.
Some ordinances also require that a written summary of the neighborhood meeting(s) be prepared by the applicant and be made part of the application. If a neighborhood meeting requirement is included in the regulations, we suggest it be required for the following types of applications:
Zone Map Amendments;
Planned Developments – with basic plans;
Special Exceptions with over 50 residential units and/or 25,000 square feet of nonresidential development
Preliminary Plans for Major Subdivisions; and
22
This is so because usually at this stage of the development review process, positions about the proposal are not hardened or lines drawn in the sand. An honest and good faith discussion about development issues related to the project can still usually occur between the applicant and interested neighbors.
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Major Site Plans.
b. Pre-Application Conference Best practices indicate that conducting a pre-application meeting between a potential applicant and staff, especially for a more complex development proposal, is an effective way to expedite the We suggest the following types of development review process. Encouraging potential development applications should require a applicants to meet informally with staff to present pre-application conference with staff before conceptual plans for development and get staff input prior the application is submitted: to submittal of an application helps address issues and procedural requirements before significant time and Zone Map Amendments; expense are invested in preparing or processing Planned Developments – with basic applications.
plans; Special Exceptions with over 50 residential units and/or 25,000 square feet of nonresidential development; Preliminary Plans for Major Subdivision; and
The current Zoning Ordinance and Subdivision Regulations do not include any formal requirements for a preapplication conference though the staff indicates that informal pre-application conferences are taking place as a preliminary with respect to some applications.
We suggest that the County establish a standard requirement for a formal pre-application conference between the applicant and staff as a part of certain Major Site Plans. applications, and encourage it for others. This provision Pre-application conferences would be would clarify what types of development applications are voluntary for all other forms of development subject to the pre-application conference, the purpose of applications. such meetings, and the effect of such meetings (i.e., discussions are not binding on the County and processing times do not start until a formal application is submitted and accepted). We suggest the following types of development applications should require a pre-application conference with staff before the application is submitted:
Zone Map Amendments;
Planned Developments – with Basic Plans;
Special Exceptions with over 50 residential units and/or 25,000 square feet of nonresidential development;
Preliminary Plans for Major Subdivision; and
Major Site Plans.
Pre-application conferences would be voluntary for all other forms of development applications. c. Application Completeness Determination Process Even though the County has procedures for submission and review of development applications, it does not have a formal pre-screening or completeness determination process for the acceptance of applications. Not having such an application review process in place can sometimes
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slow down the actual review of an application, because missing information discovered later has to be obtained, and then some of the review steps may have to be repeated. “Complete application” requirements are a very important tool to speed up review processes and to build confidence that the County means to enforce its requirements even-handedly and efficiently. The new regulations should include a subsection in the standard procedures authorizing the Planning Director to review submitted applications to determine whether they are “complete.” Only “complete” applications are formally accepted for review and action. The provision would apply to all development applications and would state that the processing of an application does not begin until after a formal determination that the application is The new regulations should include a “complete.” Applications are “complete” when they subsection in the standard procedures contain all the relevant and appropriate application submittal requirements and the required fees. Since the authorizing the Planning Director to determination of what constitutes a “complete” review submitted applications to determine whether they are application is made by professional staff, appeals of completeness decisions are taken to the Board of “complete.” Only “complete” Zoning Appeals. applications are formally accepted for
review and action. The provision would Typically, staff needs no more than ten working days to review and make a “completeness” determination. apply to all development applications …. After this initial application determination period, staff returns the application to the applicant with a determination of whether the application is “complete.” The application may or may not include some staff comments about the application, depending on the completeness determination. The provision also establishes rules for an incomplete application, including a specified period within which a revised application must be submitted or be considered withdrawn. We also suggest a provision requiring additional re-submittal fees after a certain number of incomplete applications are submitted, to deter multiple deficient submittals. The clock does not start running for staff review of an application until the application is determined “complete,” meaning it is ready to be reviewed. Once accepted, there is an expectation of the developer, the public and public officials that the review will progress at a reasonable pace. d. Consolidation of Public Notification Requirements In the current Zoning Ordinance and Subdivision Regulations, the public notification requirements are scattered throughout the document, discouraging uniformity and consistent practices in noticing the public about hearings and meetings. All public notification requirements should be consolidated into one subsection in the standard procedures section, and shown in a table, to the extent possible. During the drafting of consolidated public notice requirements, the required days of advance notice and when public documents will be available should be Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
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made consistent. An example of how this was done in another community’s code, and how it is proposed to be done in the new Prince George’s County regulations, is shown on the table below.
In addition, the notification requirements should take full advantage of technology. Where published or mailed notice is not required by state law, the County should use online technology such as e-mail, ListServs, social media, or similar tools that avoid the time, cost and waste of printing, to notify the public. The Planning Department’s On-Line Permits Tracking System and Development Activity Monitoring System (DAMS) are useful tools for both applicants and the general public to track projects. As computers, tablets and smartphones have become common, there is no need (other than where required by state law) to engage mass mailings or print publications. e. Use a Procedures Manual The existing Zoning Ordinance and Subdivision Regulations include a number of sections listing application submittal requirements. We recommend removal of the submittal requirements from the regulations, and their placement in a Procedures Manual the Planning Director is authorized to prepare by the Zoning Ordinance and Subdivision Regulations. The Procedures Manual can be updated relatively easily without formally amending the Zoning Ordinance or Subdivision Regulations. The Procedures Manual would include application content requirements, information about application fees, schedules for the processing of applications, and nuts and bolts staff review processes. While an updated version of A Citizen’s Handbook will outline for the public how the review of development applications is conducted in the new regulations, a separate Procedures Manual would provide much
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more detailed information about the development review procedures in a format useful to builders, land developers, surveyors, and others anticipating filing an application.
2. Simplify, Consolidate and Streamline the Procedures for Rezonings Historically, Prince George’s County has relied heavily on several different forms of rezonings to regulate development and improve the quality of site and building design, mitigate development impacts, resolve compatibility issues, and achieve the desired development form for many of the important development projects in the County. Currently these regulations, even though their procedures are similar, are not coordinated, creating a complex and difficult to understand web of procedural and substantive regulations. They are summarized below. a. Background: Current Review Procedures for Rezonings There are basically four different types of rezoning procedures currently used in the County, even though the regulations themselves have eight separate rezoning procedures (many with small variations from the others):
Comprehensive rezonings;
Sectional Map Amendments (SMAs) (typically approved in conjunction with an Area Master Plan or Sector Plan);
Piecemeal rezonings; and
Floating zones (the comprehensive design zones and mixed use zones), which are reviewed like planned developments in most development codes.
(1) Comprehensive Rezonings A general comprehensive rezoning involves a rezoning (map amendment) of a large area of the County to carry out the policy direction established in a plan.23 It is considered a legislative action, comes with a presumption of validity, and provides the District Council substantial discretion in carrying out its policy direction to address health, safety, and welfare goals of the community. (2) Sectional Map Amendments (SMAs) and Area Master Plans A key element in the planning and regulatory framework in Prince George’s County for over 25 years is the Area Master Plan and Sectional Map Amendment process (SMA). Theoretically, the Area Master Plans are used to provide more detailed plans and policy 23
Montgomery County v. Woodward & Lothrop, Inc., 280 Md. 686, 376 A.2d 483, cert. denied, 434 U.S. 1067, 98 S. Ct. 1245, 55 L.Ed.2d 769 (1978).
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direction than the General Plan about land uses and development form in specific areas in the County. The SMAs are map amendments (rezonings) that are adopted in conjunction with the plans to implement the Area Master Plans, and are considered comprehensive rezonings. The Area Master Plans go to the parcel level and facilitate a desired community image. Over time, they have evolved into a process that not only provides a detailed plan (and in the instance of 27A, Urban Centers and Corridors Nodes Development and Zoning Code, a regulating plan), but also very specific regulation-like principles and policy direction that serve as â&#x20AC;&#x153;development regulationsâ&#x20AC;? for these areas, even though they are only included in the plans, and are not adopted in the Zoning Ordinance or Subdivision Regulations as amendments.24/25 Even though there is general uniformity in how zoning regulations are treated in the plans, their level of detail can vary, and there are differences in how uses are treated. The current adoption process for SMAs involves initiation of the application by the Planning Board and District Council, preparation and publication of the preliminary plan by the planning staff, a joint Planning Board/District Council hearing, modification of the plan, and a Planning Board recommendation and District Council review and decision. As noted above, however, in most all instances there are a number of specific development-type regulations that are not incorporated into the SMAs, but left in the plans. The result is that land owners/developers/investors who want to develop in locations where these Area Master Plans and SMAs have been adopted must refer to the provisions in one, two, and sometimes three different plans, as well as the Zoning Ordinance and Subdivision Regulations, to determine what is required to develop; in some instances, there are conflicts between the provisions that then must be resolved with staff and the review boards through negotiation and interpretation of the meaning of certain regulatory requirements (in both the plans and Zoning Ordinance). These special regulations and requirements, when layered on top of what is already a complex and difficult to use set of development regulations, in many instances requiring multilayered review, makes the current regulatory environment in the County even more confounding, time consuming, and uncertain for investors, land owners, developers, review board members, and staff. Not surprisingly, there were numerous comments made during the stakeholder and staff interviews, at the Zoning Advisory Panel meeting, and by several of the focus groups about the difficulty of 24
Based on the discussions with the interviewees, this has occurred due to the difficulty in amending the development regulations to incorporate these provisions. 25 In some instances, the zones reference the plans, but that is the exception rather than the rule.
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this current situation. The clear direction and emphasis was that this entire process needs to be simplified and fixed. (3) Piecemeal Rezonings A piecemeal rezoning (zoning map amendment) is a rezoning that changes the zone map to a conventional zone (i.e., residential, commercial, or industrial); it typically involves rezoning of a single site, and is initiated by the land owner rather than by the County. Maryland law requires that before a piecemeal rezoning can be approved, there must be evidence of (1) a mistake in the original zoning or (2) a change in conditions resulting in a substantial change in the character of the neighborhood. This is known as the “Change-or-Mistake Rule.” While some piecemeal rezonings do take place in Maryland, the “Change-or-Mistake Rule” limits its use as the typical method to rezone land in Prince George’s County. The current regulations allow the Planning Board, at its discretion to review and make a recommendation on the application before a formal public hearing is conducted by the Zoning Hearing Examiner (ZHE) who prepares findings and a recommendation. The application is then reviewed and decided by the District Council. This review is quasijudicial in nature, meaning that it involves the application of law to specific facts and properties, rather than a legislative decision to implement a broad direction for the County. (4) Floating Zones (Comprehensive Design Zones, Planned Community Zones, and Mixed Use Zones) The fourth type of rezoning, the floating zone, is approved much like a planned development/rezoning (map amendment). A floating zone is a zone that is not originally mapped as part of the County’s initial planning policies, but instead is designed for application at the request of a land owner or by the County as part of a separate area-specific planning effort. The comprehensive design zones, planned community zones, and mixed use zones are floating zones. A floating zone usually requires preparation of a concept plan for development of the site, and compliance with conditions of approval that do not apply to conventional zones. The plan and conditions may address such issues as building location and style, coverage limits, minimum open space set-aside requirements/green area, minimum and maximum areas for authorized uses, minimum setbacks from streets and other uses, site plan approval, and provisions for revocation of the floating zone classification if the land owner fails to comply with the conditions of approval. A floating zone is not subject to the “Change-or-Mistake Rule.” However, its review and decision is considered a quasi-judicial action.
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The current regulations have established a three-step procedure for the comprehensive design zones (CDZs) which has been in effect for at least 30 years. It is a more complex version of the “planned unit development” process used in zoning regulations throughout the nation. The three stages in the CDZ procedures involve the review and approval of: •
A Basic Plan,
•
A Comprehensive Design Plan and
•
A Specific Design Plan. 26/27
While the CDZ’s three phase review process is unique and different from that of other mixed-use zones, the CDZ’s concept of having a development plan that regulates the uses and design of development is also used in the mixed use zones. In the M-U-TC Zone, the development plan is approved at the same time as the map amendment (rezoning), and is usually part of a District Council initiated Sectional Map Amendment. The M-U-TC Zone is associated with a Town Center Development Plan approved by the District Council and is very much like a minisector plan that defines all design standards. M-U-TC Zone regulations require the establishment of a citizen advisory committee to advise the Planning Board on special permit applications in the zone, and the Planning Director on other by-right use applications. 28 In the M-X-T Zone, the District Council may establish guidelines at the time of the map amendment (rezoning) for use in reviewing the subsequent Conceptual and Detailed Site Plans. The M-U-I Zone, which is typically associated with land zoned D-D-O or T-D-O, has a development plan that controls the permitted uses 26
Each stage involves a successive refinement of the previous plan stage (Figure 2: Current Comprehensive Design Zone Process, in Appendix D: Flow Charts of Current Processes, Appendix B: depicts the current review processes for each phase of the CDZ process). The CDZ’s Basic Plan displays the quantity of proposed land uses and their general location. The Basic Plan is approved along with the rezoning and serves as the initial development plan for CDZ zoned land. The CDZ’s second phase, the Comprehensive Design Plan, shows the amounts and locations of land uses, the circulation system, and the portions of development which may be constructed during the same time period. As part of the Comprehensive Design Plan review and approval process, design standards and guidelines, as well as a development schedule for the project is required to be approved. The third phase of the CDZ development plan procedure is the Specific Design Plan; it serves as the final design of development for a specific portion of the project. A special exception site plan may amend a design plan (see Sec. 27-529(b), Zoning Ordinance). 27 Another difference in Prince George’s County’s CDZ regulations are they are significantly more detailed than most regulations, and include a number of specific CDZ zones with baseline density, intensity and dimensional standards that must be applied. Developers are able to increase their densities and intensities by providing public benefits through density and floor area increments set out in the regulations. 28 An appeal of the Planning Director’s decision on by-right use applications can be made to the Planning Board.
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and development standards. A rezoning must occur to put the M-U-I in place; typically and most commonly, the rezone is in the form of a Sectional Map Amendment; in some instances the rezone occurs through site plan in an overlay to the M-U-I Zone; in rare instances an M-U-I Zone is established through a zoning map amendment. The M-U-I Zone also requires approval of a detailed site plan (DSP). The M-X-C Zone process is highly structured and complex, and includes a four step process, requiring in the following order: •
A preliminary development plan (approved at the time of the rezone map amendment (rezoning)),
•
A comprehensive sketch plan,
•
A preliminary subdivision plat,
•
A final development plan,
•
A detail site plan,
•
A final subdivision plat,
•
Grading permits, and
•
Building permits.29
The Transit District Overlay and Development District Overlay Zones also have development plans that are established through the area master/sector plan and associated SMA process. These plans can affect the range of permitted uses and the standards associated with the underlying zones. These overlay zones include an emphasis on urban design which may not exist in the requirements for the underlying zone. b. Suggested Changes to Streamline Rezonings To simplify and streamline the current rezoning procedures, and to address the problems occurring with the insertion of development type regulations in the Area Master Plans, we suggest the new regulations do the following:
Organize Map Amendments (rezonings) into four different types of rezonings: •
Comprehensive Map Amendments and Text Amendments. The Comprehensive Map Amendments and Text Amendments would include a consolidated set of procedures for:
29
There is only one development in the entire County that used and has been developed using MX-C Zone regulations. The process for that particular project started with a zoning map amendment application, followed by two comprehensive sketch maps, concurrent reviews of the final development plans, and then the preliminary plans of subdivision. All development regulations for the zone are defined in the final development plans. Two additional reviews were built into this process: Infrastructure Detailed Site Plan and builder’s house siting detailed site plan, which are conducted at the staff level.
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Text Amendments;
o
Countywide Map Amendments; and
o
Sectional Map Amendments (SMAs)
Because each of these amendments are legislative in nature, the procedure would involve review and recommendation by the Planning Board, and review and decision by the District Council. Different review standards would be established for each of the different types of amendments.
To simplify and streamline the current rezoning procedures…, we suggest the new regulations organize Map Amendments (rezonings) into four different types of rezonings:
•
Parcel Specific Map Amendments. The Parcel Specific Map Amendments (for small, single site rezones) are quasi-judicial in nature. The procedure for their review would involve a review and recommended decision by the Zoning Hearing Examiner (at which time recommended findings of fact, conclusions of law, and a recommendation would be prepared), review and recommendation by the Planning Board, and then review and decision by the District Council.
•
Chesapeake Bay Critical Area Overlay Map Amendments. The Chesapeake Bay Critical Area Overlay Map Amendments would generally be carried forward in their current form. They are quasi-judicial in nature. The procedure for their review would involve a review and recommended decision by the Zoning Hearing Examiner (at which time recommended findings of fact, conclusions of law, and a recommendation would be prepared), review and recommendation by the Planning Board, and then review and decision by the District Council.
•
Planned Development (PD) Map Amendments. The Planned Development (PD) Map Amendments involve a consolidated procedure for all of the discretionary review development options available at the Regional Transit District, Local Transit Center, Neighborhood Center, Town Center, Campus Center, Employment Area, and other planned development zones. This procedure, in conjunction with the recommendations for the restructuring of the zones, will result in replacement of and a procedural streamlining and simplification of the current comprehensive design zones and mixed use zones.
Countywide Map Amendments and Text Amendments. Parcel Specific Map Amendments. Chesapeake Bay Critical Area Overlay Map Amendments. Planned Development Map Amendments.
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o
It will require the submission and approval of a Basic Plan (plan for development of the site) with the PD application, which will be reviewed, processed, and approved by the District Council along with a rezoning approval and a PD Agreement.
o
Instead of the additional development plan reviews that occur with the current CDZs and mixed use zones, the PD process requires a second development plan review, major site plan approval, which is reviewed and decided by the
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Planning Board. It involves the review of the plan for development of the approved PD (or a portion of it), to ensure it is in substantial conformance with the Basic Plan, the PD Agreement,30 and all other relevant development standards of the Zoning Ordinance and Subdivision Regulations.
In restructuring the new Zoning Ordinance, remove the specific development-type provisions from the Area Master Plans and place them in the new Zoning Ordinance, either in the restructured zones or a consolidated set of development standards that distinguish between Countywide standards and standards for special areas and situations; and
After adoption of the new Zoning Ordinance, prohibit incorporation of development-type regulations in the Area Master Plans/Sector Plans, and require they be adopted as part of the Zoning Ordinance or Subdivision Regulations.
3. Add Procedure for Interpretation of Ordinance Text, Uses, and Zone Map The current Zoning Ordinance does not have an established procedure for making an interpretation to the Ordinance’s text, use tables and uses, and the zone map boundaries.31 Additionally, no clear procedure is established for determining how to classify an unlisted use, or what analysis should be conducted to determine whether an unlisted use is allowed in a zone. The current practice (even though it is not set down in the Ordinance) is that the Planning Department’s Development Review Division interprets the use tables and whether an unlisted use is allowed in a zone. The Zoning Ordinance is also unclear about who is responsible for interpreting questions about zone map boundaries.32 No formal records of these interpretations are kept, so the potential for a patchwork quilt of different “interpretations” of similar provisions can occur.
30
A PD Agreement is an agreement approved in conjunction with the PD zoning and Basic Plan that: specifies the relevant development parameters; establishes phasing (where relevant); provides (where appropriate) specific form, development, and design standards unique to the planned development; includes environmental mitigation and monitoring conditions; establishes how public facilities are provided to serve the planned development; and includes other conditions of approval. 31 Sec. 27-229(a)(2) of the current Zoning Ordinance states the Board of Appeals has the power and duty “To hear and decide appeals where it is alleged that, in the administration of this Subtitle, there is error in the refusal of a building or use and occupancy permit, or in any other decision of the Department of Environmental Resources, the Planning Board, or any other person or body authorized to administer this Subtitle…” However, the Zoning Ordinance does not explicitly state who has the authority and responsibility to interpret the Zoning Ordinance, and the Board of Zoning Appeals has not been rendering interpretations under the Ordinance 32 The Board of Zoning Appeals could also interpret the use list as part of its appellate review authority (County Code Sec. 27-229(a)(2); Maryland Land Use Code Sec. 22-311). However, that is not the current practice.
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To ensure an orderly and consistent administration of their zoning and subdivisions regulations, almost all modern codes establish a clear procedure for making interpretations to the code’s text, use tables and uses, and the zone map boundaries. A formal process should be established in the County’s regulations allowing the Planning Director to make such interpretations.
To ensure an orderly and consistent administration of their zoning and subdivisions regulations, almost all modern codes establish a clear procedure for making interpretations to the code’s text, use tables and uses, and the zone map boundaries. A formal process should be established in the County’s regulations allowing the Planning Director to make such interpretations.33 An appeal of an interpretation should be decided by the Board of Zoning Appeals.34 It should also require that the interpretation be made in writing, and be compiled in a permanent record of all interpretations to be made available to the public on the County’s web site. This approach helps ensure consistent application of the development regulations over time, and provides for a resource for future amendments.
4. Consolidate Special Exceptions and Special Permits, Consolidate the Review Procedure, and Simplify and Streamline Their Use a. Background: Current Special Exception and Special Permit Review Procedures and Standards In addition to uses allowed by “right” in the use tables, there are two other types of uses that are allowed in the zones—special exceptions and special permits. Unlike the “by right” uses, they are only allowed after special review of the proposed use and its location on a case-bycase basis to ensure potential external impacts are adequately mitigated by the land owner. (1) Special Exceptions The special exception use is defined in the Maryland Land Use Code as “a specific use that: (1) would not be appropriate generally or without restriction; and (2) shall be based on a finding that: (i) the requirements of the zoning law governing the special exception on the subject property are satisfied; and (ii) the use on the subject property is consistent with the plan and is compatible with the existing neighborhood.” A form of a site plan is required to be submitted with a special exception application, showing how the use is to be located and how potential adverse impacts will be mitigated. Under the County’s current Zoning Ordinance, land owners proposing to develop a special exception are required to have the application reviewed and decided by the Zoning Hearing Examiner (ZHE). The ZHE’s decision may be appealed to District Council by persons of record or the People's Zoning Counsel for a final decision. In addition, even if the ZHE’s decision is not appealed to the District Council, Council may “call up” the decision (see Sec. 33
Another possible approach is to require the Legal Department to make a written decision prior to the submission of any development proposals. 34 The Maryland Land Use Code Sec. 22-301 allows the County to delegate an appeal to the District Council or another officer or agency, as well as the Board of Zoning Appeals.
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27-312(a)(2)(C), Zoning Ordinance), to “upon its own motion, make the final decision on the case.”35 See Figure 3: Current Special Exception Process, in Appendix D: Flow Charts of Current Processes. In its review of a special exception, the District Council is allowed to vary special exception standards, which is not typical for most communities. The special exception provisions include review standards that are to be applied in the review and approval of a special exception application (see Part 4, Division 3, Zoning Ordinance). In addition, most of the special exceptions identified in the use tables have additional standards that must be met before the special exception can be approved, which in many instances are very difficult to understand and apply. Finally, as in many older Zoning Ordinances, the number of uses classified as special exceptions is more extensive than is necessary. In updates to many modern codes, supplemental or performance standards for uses are added or refined, that address the potential external impacts of a use in a zone. If this is done, many special exception uses can be treated as “by right” uses subject to the supplemental or performance standards which are reviewed as part of routine site plan and building permit review. This results in a more efficient development review process with more predictable protections against adverse impacts on surrounding lands. (2) Special Permits Special permits are required for designated uses in the D-D-O Zone and the U-L-I and M-U-TC Zones (Sec. 27-239.02, Zoning Ordinance). The Planning Board also applies special permit review to certain uses of concern (such as artist’s residential studios (Sec. 27-445.09, Zoning Ordinance), along with additional standards for those uses. A site plan is required to be submitted with a special permit application. Special permits are reviewed and decided by the Planning Board. An appeal of the Planning Board’s decision is made to the Circuit Court (rather than the District Council, which is the initial appellate body for a special exception). See Figure 4: Current Special Permit Process, in Appendix D: Flow Charts of Current Processes. The special permit review standards focus on compliance of the site plan of the proposed special use, with the design guidelines of the U-L-I zone, or with an approved Master Plan (if relevant).
35
The Planning Board has no review responsibility of special exceptions, even though in practice, the Planning Board will review and comment on an application if requested to do so by the applicant.
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b. Suggested Changes to Streamline and Make Special Exceptions and Special Permits More Efficient
To simplify and streamline the procedures for and application of uses that require special review, we suggest the new regulations do the following: Eliminate the special permits, or if a special permit use needs to be carried forward, consolidate it with the special permits into the special exception uses.
It is typical for modern codes to allow certain uses that because of their character or function require special review on a case-by-case basis. This is done to ensure their location, size, development form, and other external impacts are restricted and mitigated, so the use is compatible with the character of the zone and surrounding development. However, it is unusual and redundant for a code to include two separate procedures to serve the same purpose, which the current County regulations do with the special exceptions and special permits. To simplify and streamline the procedures for and application of uses that require special review, we suggest the new regulations do the following:
Eliminate the special permits, or if a special permit use needs to be carried forward, consolidate it with the special exception uses.
Evaluate, and where possible reduce the number of special exception uses identified and required for special review, where:
Evaluate, and where possible reduce the number of special exception uses identified and required for special review. Revise the review procedure, and authorize the Zoning Hearing Examiner (ZHE) to review and decide special exception uses.
•
They are not necessary because the use is antiquated or irrelevant; and
•
Precise, measurable, supplemental, or performance standards can be added that address the potential external impacts of a use in a zone, so the use can be treated as a “by right” use, subject to compliance with the supplemental or performance standards.36
Consolidate the use specific standards that apply to the review of a special exception use into one section, and make the standards as precise and measureable as reasonably possible.
Revise the consolidated review procedure, and authorize the Zoning Hearing Examiner (ZHE) to review and decide special exception uses. An appeal of the ZHE’s decision is made to the Circuit Court (rather than the District Council, which is the initial appellate body for a special exception37).This allows for an official with a professional background to review and decide the case, while ensuring that affected land owners and neighbors have input.
36
Toward this end, in drafting the new Zoning Ordinance we will evaluate the list of special exception and special uses, and where there is no reason to treat the use specially, it will be removed; where supplemental or performance standards can be added that ensure potential external impacts from the use will be addressed, they will be added and the use converted to a “by right” use. This should result in a reduction of the number of uses subject to special review, more efficient and streamlined development permitting. 37 The Maryland Land Use Code gives Prince George’s County wide latitude in assigning review responsibilities for special exception uses, how the process works, and to whom an appeal may be taken. (Maryland Land Use Code, Sec. 22-301).
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5. Refine the Subdivision Regulations to Streamline Procedures and Clarify Review Standards a. Background: Current Subdivision Procedures and Standards The American Planning Association’s Planner’s Dictionary has six different definitions of subdivision, which is not surprising because the division of land is almost as unique to a community as are their zoning regulations. The Planner’s Dictionary offers the following advice – “Planners should consult appropriate state enabling legislation when drafting the ordinance definition of subdivision.38 Most enabling statutes include a definition of the term, particularly specifying how many parcels must be created, at a minimum, to constitute a subdivision of land. Ordinances also vary in the types of land division that they exclude from consideration as subdivisions.” Most definitions of subdivision describe a subdivision as a division of a lot, tract or parcel of land into lots, plats, sites or other divisions of land for the purpose, whether immediate or in the future, for transfer of ownership or building development of the land subdivided. The number of lots created is often a critical determinant of whether the division is considered a subdivision or not under state law. The Subdivision Regulations for Prince George’s County do not define “subdivision.” The word is not included in Sec. 24-101 (Definitions), even though there is a listing of exemptions from the regulations.39 The Regional District Act (Maryland Land Use Code Sec. 14-101) defines a “subdivision” as: …the process and configuration of land by which one or more lots, tracts, or parcels of land are divided, consolidated, or established as one or more lots or parcels, or other divisions of land, consistent with criteria established by the legislative body of the local jurisdiction; or … the land so subdivided. (1) Procedures In Prince George’s County there are three types of subdivision review: •
Minor subdivisions;
•
Major subdivisions; and
•
Conservation subdivisions.
(A) Minor Subdivisions A minor subdivision is defined as the division of up to four residential lots in residential single-family zones, or the division 38
Planner’s Dictionary, American Planning Association, Michael Davidson and Fay Dolnick, eds, 2004, p. 400. 39 Interestingly, Sec. 24-107 states that the Subtitle applies to the “subdivision of land, as defined herein.”
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of up to seven lots in Sustainable Growth Tier IV. A minor subdivision is reviewed and decided by the Planning Director. It is a one step process. (B) Major Subdivisions With a few exceptions, all other types of conventional subdivisions are considered major subdivisions. The review procedure for a major subdivision requires two steps: review and approval of a preliminary plan for subdivision and then a final plat.40 The subdivision preliminary plan application is referred to all relevant agencies for review and comment, review by a Subdivision and Development and Review Committee (SDRC), 41and then preparation of a Technical Staff Report. Adjoining land owners and interested parties are also notified about pending subdivision applications (Sec. 24-119.01, Subdivision Regulations). The application is decided by the Planning Board. 42An appeal of the Planning Board’s decision is made to the Circuit Court. See Figure 5: Current Preliminary Subdivision Plan Process, in Appendix D: Flow Charts of Current Processes. In addition to evaluating the general layout, infrastructure, and other technical requirements for a subdivision preliminary plan, the County also evaluates the adequacy of public school, road, water and sewerage, police facilities, and fire and rescue facilities at this stage of review. A final plat for a major subdivision is reviewed and decided by the Planning Board. The application is technical in nature. An appeal from the Planning Board’s decision may be taken to the Circuit Court. (C) Conservation Subdivisions The procedure for review of conservation subdivisions occurs in three stages. First, a sketch plan is required to be submitted to and certified as complete by the Planning Director. After this certification, the review procedure is similar to a major 40
The regulations also provide an applicant the option of submitting a sketch plan prior to submitting a subdivision preliminary plan. There is no fee for the sketch plan. The sketch plan is reviewed and commented on by the Planning Department prior to the submission of the subdivision preliminary plan. The applicant may also request SDRC review. 41 The SDRC includes key County and state agencies that are required to “inform the applicant and the Planning Director, or his designated representative, of any features of a proposal that are, or appear to be, in violation of any laws, ordinances, or policies, especially when such violations may jeopardize the future issuance of any permit, such as a site grading, building, or storm drainage permit, or when capital improvement projects will be required in support of the development, and accordingly, require lead time phasing.” Sec. 24-116, Subdivision Regulations. 42 As provided in Sec. 24-113, Subdivision Regulations, the Planning Board may grant variations from the Subdivision Regulations, “so that substantial justice may be done and the public interest secured, provided that such variation shall not have the effect of nullifying the intent and purpose of this Subtitle.” Variation requests are typically considered during review of the subdivision preliminary plan application.
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subdivision. The applicant is required to submit a conservation subdivision preliminary plan, which is reviewed and decided by the Planning Board; an appeal from the Planning Board’s decision may be taken to the Circuit Court. A final plat for conservation subdivision is reviewed and decided by the Planning Board; an appeal from the Planning Board’s decision may be taken to the Circuit Court. (2) Review Standards While the current Subdivision Regulations contain specifics about submission requirements and generally a set of good and workable review standards, there are several sets of standards that need to be evaluated and refined, or clarified during the rewrite. The first are the adequate public facility standards. The County currently applies adequate public facilities (APF) requirements during the review of plans of subdivision (Secs. 24122.01, -.02, -124). Adequacy reviews are made for parkland dedication and recreation facilities, school facilities, potable water, sewer facilities, police, fire and rescue, and transportation facilities (including bicycle and pedestrian facilities). 43/44 They involve an assessment of a development’s impact on public facilities to ensure adequate public facilities will be available to serve the development; this part of the analysis typically involves an evaluation of a development’s impacts on existing and planned public facilities. If that part of the evaluation demonstrates additional facilities are needed to accommodate the development, the requirements then involve actions, usually by the developer, to ensure the provision of adequate public facilities when they are needed. Under the current regulations, when public facility adequacy is determined during subdivision approval, the public facility capacity for the approved subdivision is “reserved,” with no limitations or expiration of the capacity reservation. These current APF provisions present several challenges that must be addressed in the rewrite process if the project goals of supporting economic development and implementing Plan 2035 are to be achieved. The first challenge involves the current practice of “reserving public facility capacity” and exemptions. It is a practice that has been ongoing for many years in Prince George’s County. The problem it creates is characterized as “phantom subdivisions” by some commentators—subdivisions with “reserved public facility capacity” that will probably never be developed. Today there are a number of “phantom subdivisions” in the County with a significant 43
And is being considered for library services and facilities. APF reviews are also conducted during comprehensive design zone rezonings/Basic Plans (Sec. 27-192(d)) and 27-195(a)(2)), and Transit Overlay District amendments (Sec. 27-548.09.01). The County can also revisit APF findings when it reviews comprehensive design plans, specific design plans, or subdivision plats (Sec. 27-195(a)(2)). 44
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amount of “reserved public facility capacity” that is not being used. This becomes a serious problem, especially over long periods of time, as new developments are being asked to either provide/pay for public facilities to accommodate their development (or not develop at all), while there are significant amounts of “reserved public facility capacity” available that is not and will never be used. The situation can significantly dampen economic development. Fortunately it is a problem that has a fairly easily, technically, solution, which has been used by communities in Florida and California with broad-based APF requirements like Prince George’s. The solution they have used is expiration provisions for APF reserved capacity. In Prince George’s this will require separate expiration rules for subdivisions approved prior to the effective date of the new regulations (those currently with “reserved APF capacity” with no expiration requirements), as well as new approvals. •
If this strategy is pursued for subdivisions approved prior to the effective date of the new regulations, it might be appropriate to establish “sunset” provisions or rules that automatically expire of APF reserved capacity based on the amount of development undertaken by a project. To ensure the rule is being applied appropriately, an APF certification procedure could also be established to provide subdividers with existing “capacity reservations” an opportunity to demonstrate they have attained the required level of development to maintain those reservations.
•
The rules established for new approvals will need to balance providing developers certainty that APF capacity is available after receipt of APF approvals if they proceed with development within a reasonable period of time– against the problem of projects that tie up APF capacity that will never be developed; balancing these competing interests will require inquiry into the timing of approvals, as well as time periods for expiration provisions.
A second challenge that will need to be addressed involves how the APF regulations can best be refined to support the policy direction in Plan 2035, especially with respect to encouraging and supporting walkable urbanism in the centers. As is typically the case throughout the country, the current APF regulations use a level of service (LOS) standard to determine public facility adequacy. However, too many systems fail to calibrate their LOS standards to the different contexts that exist in the community, available infrastructure, and the preferred and likely design and pattern of new development. Uniform LOS roadway standards in particular are many times incongruous with the concept of supporting higher density walkable urbanism and center development, as well as the protection of rural
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areas. The reason: they encourage subdividers to seek out locations where capacity is available—typically in less developed parts of the community—and discourage development in places where the community wants higher density development to occur—the centers. If location and other factors are not considered (e.g., for transportation, the availability of other modes of travel), uniform APF requirements can serve as disincentives to desired development patterns. For this reason, it will be important during the rewrite, working in conjunction with County staff, to evaluate the County's public facility LOS standards and ways of measuring facility adequacy, and make refinements, if necessary, to reinforce preferred development patterns, especially in the Centers and the rural areas. Techniques that might be considered include: •
Varying LOS standards for different locations in the County with lower LOS in centers and urban corridors that is realistic and consistent with regional traffic patterns and market demands.
•
Use of LOS averaging for transportation (instead of measuring by road segments and intersections), or infrastructure-based growth ceilings (for water, sewer, or a school master plan). This, for example, allows growth in locations with high traffic volumes to proceed, while maintaining control over the transportation demands on an area wide basis.45
•
Exempting development in certain locations from APF requirements.46 When done, the areas exempted typically have a full range of infrastructure available, and are urban in character. Not surprisingly, exemptions provide a strong incentive for development, encourage the reuse of existing facilities/redevelopment, and avoid mitigation requirements (such as roadway expansions) that are inconsistent with preferred growth patterns (such as walkable urbanism).
•
Adding multi-modal or impact reduction efficiencies into mitigation or demand measurements. This expands the mitigation alternatives available to applicants. Counting bikeways, transit facilities, and mixed uses as mitigation can create a regulatory incentive for the kind of development the County prefers in centers and corridors. It can also save developers money, along with building infrastructure that reinforces preferred development patterns. It is important that these mitigation alternatives are clear and non-discretionary. If applicants need to hire professionals to justify how the measures work, their impacts on demand or capacity, or
45
Montgomery County has used this approach in its Annual Growth Policy for many years. Some cities, such as San Antonio, Texas, and many of the urban counties and cities in southeast Florida exempt development in downtown and urbanized locations. 46
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permission to use non-traditional mitigation, there is a strong disincentive to use them. Finally it should be noted that because LOS is often tested at the rezoning or site plan review stage today in the County, the District Council can become involved in determining APF compliance. Best practices are clear this is not an appropriate role for the Council. APF is a very technical evaluation, and compliance should depend on whether the numbers add up and not discretionary assessments of adequacy. While APF can be tested at an early stage of development to avoid unwelcome surprises for applicants later in the process, the staff’s compliance review should, in most instances, resolve APF compliance issues. For large-scale, master planned development that needs discretionary review that involves mitigation with impacts on surrounding neighborhoods, the District Council should have a role. This issue will also need to be explored in the rewrite. In addition to the APF standards, the rewrite should also clarify that the preliminary plan for subdivision shall conform to the County’s environmental regulations and the guidelines in the Environmental Technical Manual as currently required for stream, wetland, and water quality protection and stormwater management by Section 24-130, and specifically reference all the relevant standards in other subtitles in the Code of Ordinances. b.
Suggested Changes to Streamline Procedures and Clarify Subdivision Procedures and Standards In many respects the review and approval of subdivisions is a fairly technical exercise. Consequently, subdivision procedures and standards should be clear and precise as possible. If discretion is involved in the review of a subdivision application, it is generally for a larger, more complex subdivision of land with multiple lots, or for a conservation subdivision. For this reason, modern best practices places an increasing amount of review responsibility on professional-level staff for decisions on subdivision, primarily through expansion of thresholds for minor subdivision (which staff typically reviews) and/or assigning decisionmaking responsibilities to staff for subdivision preliminary plans and final plats. Consistent with these best practices trends, the following suggestions are made to streamline the subdivision procedures in the new Subdivision Regulations:
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Include a clear definition of “subdivision” in the regulations, consistent with the Regional District Act, and carry forward the description of regulated environmental features.
Carry forward the definition of minor subdivision to include the division of up to four residential lots in residential single-family zones, and the division of up to seven lots in Sustainable Growth Tier IV.
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Review, evaluate, and if appropriate revise the APF provisions to better support economic development and Plan 2035 goals.
Authorize the Planning Board Chair to sign the final plat without a public hearing.
6. Consolidate and Modernize Site Plan Review a. Background: Current Site Plan Review Procedures and Standards Part 3, Division 9, Zoning Ordinance, provides a comprehensive description of the site plan process. There are two types of site plans:
Conceptual site plans; and
Detailed site plans. 47
A conceptual site plan focuses on general site development concepts. It is required for development in certain mixed use zones (e.g., M-X-T), certain master planned development types (such as recreational community developments, waterfront entertainment/retail complexes, metro planned community), Euclidean zones (C-R-C, I-3), and for certain uses (such as marinas). It may also be required as a condition of rezoning.48 The purpose statement for concept plans (Sec. 27-272, Zoning Ordinance), however, includes a broad list of planned developments, “[d]evelopment which is potentially incompatible with land uses on surrounding properties,” and “[d]evelopments involving environmentally sensitive land, or land that contains important natural features that are particularly worthy of attention.” The term “conceptual” implies a schematic layout of how a specific parcel will be developed with buildings, parking, and associated structures. In practice, a conceptual site plan shows development concepts such as the relationship between uses, approximate building locations, grading and conservation areas, and general descriptions of recreational facilities, architecture, and street furniture. A conceptual site plan is approved before the preliminary subdivision plan (Section 27-270, Zoning Ordinance) for the site is reviewed and decided. It is reviewed and decided by the Planning Board. The Planning Board’s decision may be appealed to the District Council by a person of record. Even if there is no appeal, the District Council may “call-up” the Planning Board’s decision for final decision. See Figure 6: Current Conceptual and Detailed Site Plan Process, in Appendix D: Flow Charts of Current Processes. 47
There are other forms of site plan that are required by other procedures; where relevant, they are discussed as a part of the other procedure. 48 Rochow v. Park & Planning Comm., 827 A.2d 927, 151 Md. App. 558 (Md. App. 2003).
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A detailed site plan shows how the plan for development proposed on a site complies with all site development standards and all other relevant standards in the Zoning Ordinance and other County regulations and ordinances (Sec. 27-281 - Sec. 27-290, Zoning Ordinance).49/50 As with a conceptual site plan, the current regulations seem to require a detailed site plan for a broad range of situations.51 Like a conceptual site plan, a detailed site plan is reviewed and decided by the Planning Board, which determines whether the detailed site plan complies with the conceptual site plan, as well as other broad, discretionary approval standards. 52 The Planning Board’s decision may be appealed to the District Council by a person of record; even if there is no appeal, the District Council may “call-up” the decision for final decision. See Figure 6: Current Conceptual and Detailed Site Plan Process, in Appendix D: Flow Charts of Current Processes. While the Zoning Ordinance implies there is a logical sequence and direct relationship between the conceptual site plan and the detailed site plan, the connection is tenuous because the typical conceptual site plan has evolved to nearly the level of detail and execution as a detailed site plan, and no longer serves a different purpose. The conceptual site plan establishes the overall layout and design standards for the entire site, while the detailed site plan may only address a small portion of the area covered by the conceptual site plan (though not in all cases). An applicant has no assurance that approval of a conceptual site plan will make approval of the detailed site plan easier and more efficient.53 Additionally, the current regulations do not include specific and precise review standards for the review of proposed site plans. They reference the need for the site plan to comply with the Area Master or Sector Plan(s), as well as any applicable development plan, in very limited 49
The CDZ specific design plan appears to have a similar review process and the same purpose as the detailed site plan. 50 E.g., the layout of the building, parking facilities, landscaping, connection to the roads and utilities, easements, and the design details, etc. 51 Sec. 27-281.01(a) states, (a) A Detailed Site Plan must be approved, before permits may be issued for any proposed use of: (1) Property in a zone that requires Detailed Site Plan approval; (2) Property for which the Planning Board or District Council has expressly required approval of a Detailed Site Plan, in a zoning or subdivision case, a sectional map amendment, or otherwise; or (3) Property adjacent to a Historic District, excluding additions, garages, and other minor home improvements of already existing buildings.” In addition, Sec. 27-281 appears to describe most if not all nonresidential development as requiring a detailed site plan, even though in practice detailed site plans are not required for many nonresidential developments. 52 The Planning Board is authorized to approve several types of deviations and relief at the detailed site plan stage, and approve alternate design standards for detailed site plans located in the T-D-O Zone (Sec. 27-548.08(c)(2)) and the D-D-O Zone (Sec. 27-548.25(c), Zoning Ordinance). 53 The conceptual site plan outlines more of the regulations that must be addressed in the detailed site plan, but does not address potential use conflicts, buffer issues, access management and many other issues that arise during the final site plan review.
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circumstances.54 The required findings (Sec. 27-276, Zoning Ordinance) also provide little guidance and are fairly subjective. b. Suggested Changes to Consolidate, Streamline and Simplify Site Plan Review Site plan review is generally a fairly technical exercise, since its primary purpose is to ensure the plan for development on a site complies with the site development/design standards in the Zoning Ordinance, and all other relevant County, state, and federal regulations. For this reason, site plan review requirements and standards should be clear and precise. If any discretion is involved in the review of a site plan, it is generally for a larger, more complex development. For this reason, the trend in most communities, especially [T]he following suggestions are larger urban counties and cities, is to only review site made to streamline the subdivision plans one time (not twice, as the current Prince George’s procedures…: County Process requires) Equally as important, modern site plan procedures either (1) authorize professional-level Consolidate conceptual and staff to review and decide all site plan applications, or (2) detailed site plan review into establish a two-tiered structure for the review of site one site plan review procedure. plans—minor and major. Minor site plans are reviewed by Establish a two-tier level of site Planning Director; major site plans are viewed by the plan review—minor and major. Planning Board (or another review board), since the issues involved are technical in nature. Consistent with these best practices trends, the following suggestions are made to streamline the subdivision procedures in the rewrite:
Consolidate conceptual and detailed site plan review into one site plan review procedure.
Establish a two-tier level of site plan review—minor and major. Plot plans for building permits would be subsumed in this new structure, and reviewed as either a minor or major site plan.
•
Minor site plans would be reviewed and decided by the Planning Director. Appeals would be to the Planning Board, and then to the Circuit Court.
•
Major site plans would be reviewed and decided by the Planning Board. Appeals would be to the District Council, and then the Circuit Court.
Minor site plans would be reviewed and decided by the Planning Director. Appeals would be to the Planning Board, and then to the Circuit Court. Major site plans would be reviewed and decided by the Planning Board. Appeals would be to the District Council, and then the Circuit Court. Establish the same development review standards for all site plans …
Establish thresholds for the type and amount of development that would require minor site plan approval (e.g., by number of residential units, square feet of nonresidential development, square
54
In practice it is more common that conceptual site plans in certain zones require conformance with the Master Plan. Detailed site plan conformance with a Master Plan is rarely required (M-X-T zones imposed through an SMA approved after October 1, 2006 is one of the few examples where such a finding is required).
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feet of mixed use development. Consider having larger thresholds in the Centers)
Require all other type of development not exempted to receive major site plan approval.
The Planning Director would review and decide amendments to minor site plans.
The Planning Director would review and decide minor deviations to major site plans. Amendments (substantial changes) to major site plans would be reviewed and decided by the Planning Board.
Establish the same development review standards for all site plans – compliance with all relevant development/design standards in the Zoning Ordinance, the Subdivision Regulation standards, all other County ordinances, and all relevant state and federal laws.
7. Modify the Zoning Ordinance’s Relief Provisions to Remove Obstacles for Appropriate Types of Development a. Background: Current Relief Provisions Rezoning land to a comprehensive design zone, mixed use zone, or overlay zone with an associated development plan is one way development standards may be varied under the County’s current regulations. However, this is a time consuming, complex, and uncertain process for the land owner/developer. The traditional approach in zoning for providing relief from development requirements is the variance. That is the case in Prince George’s County, where variance applications are reviewed and approved by the Board of Zoning Appeals (BZA); an appeal of the BZA’s decision is made to the Circuit Court.55 As is the case with most variances, the Prince George’s County variance standards require an applicant demonstrate “hardship;” even with this standard, however, many variances are granted in Prince George’s County.56 55
One issue of relevance related to streamlining the variance procedure is that the Zoning Ordinance generally requires formal action on a use and occupancy permit before a variance request is heard (County Code Sec. 27-231(b)(2)): Appeals involving a variance shall be filed with the Board only after the Department of Environmental Resources refuses to issue a building or use and occupancy permit, or after it is alleged that the permit has been issued in error. The Board may waive this requirement and allow the filing of the appeal prior to any action on the permit. Requiring the Department of Environmental Resources to deny a building permit before applying for a variance seems a waste of both staff and land owner resources. If an applicant determines a variance is needed, the applicant should be allowed to apply for the variance with being denied a building permit. While the regulations should not encourage applicants to request variances, an applicant should be able to request a variance without first having been denied a building permit. 56 See Sec. 27-230, Zoning Ordinance. Sec. 27-230. Criteria for granting appeals involving variances.
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An analysis of the 193 variance certificates issued by the Board of Zoning Appeals in Prince George’s County between 2007-2009 shows about 20 percent of the variances approved were for very modest variation of standards:
Nearly ten percent of approved variances adjusted Ordinance standards by five percent or less;
Twenty percent of the cases where variances were approved changed Ordinance standards by ten percent or less (this includes those cases where Ordinance standards were adjusted by five percent or less); and
Two-thirds of approved variances were to allow a situation that was built legally, but no longer meets the Zoning Ordinance standards (i.e. a nonconformity) to continue.
See Table 3: Analysis of Variance Cases, Prince George’s County, 20072009.
TABLE 3: ANALYSIS OF VARIANCE CASES, 2007-2009 2007 No. Total Cases Cases with Variances within 5% of Standard
Percent
58
2008 No.
Percent
111
2009 No.
Percent
24
2007 - 2009 No.
Percent
193
7
12.07%
11
9.91%
0
0.00%
18
9.33%
Cases with Variances within 10% of Standard
12
20.69%
25
22.52%
3
12.50%
40
20.73%
Cases that Validate Nonconformity
46
79.31%
73
65.77%
11
45.83%
130
67.36%
Best practices show that for a Zoning Ordinance to function well, especially in a built context, it is important the ordinance include flexibility provisions (beyond the variance) that allow professional-level staff or other decision-makers to make modest modifications to development standards, quickly and efficiently – as long as the modification does not undermine the community’s development goals. Prince George’s County has embraced this concept to some degree (but not fully) in its current regulations, by authorizing the Planning Director and Planning Board, subject to fairly general review standards, to review and decide “departures” from the following development standards:
Parking design and required spaces (Sec. 27-587, -588, Zoning Ordinance),
(a) A variance may only be granted 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 Subtitle 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, purpose, or integrity of the General Plan or Master Plan.”
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Landscaping (Sec. 27-239.01, Zoning Ordinance), and
Design standards(Sec. 27-239.01, Zoning Ordinance)
The Planning Director may grant departures by up to 10 percent; the Planning Board reviews and grants all other departures. The stumbling block, at least for the departures reviewed by the Planning Board is that the process itself is not necessarily quick and efficient. This is because the Planning Board’s decision can be appealed by any person of record to the District Council on departures related to design and parking, 57 and the District Council can “call-up” and decide departure decisions made by the Planning Board even if no appeal is filed. A second problem is that the review standards for departures reviewed by the Planning Board places few limitations on the degree of modifications that can be granted, meaning an applicant can potentially be allowed to make huge departures from certain standards as long as a majority of the Board (or the Council on appeal or call-up) agrees to it. Modern codes place specific and measureable limitations on the degree of departures that may be granted, and also include standards to ensure the departures, if approved, are consistent with the character of development in the zone where the development is proposed. A second flexibility tool the current regulations use is limited delegation of authority to municipalities. The Zoning Ordinance provides limited authority to the cities of Bowie, College Park, Greenbelt and most recently New Carrollton to approve departures for:
Design for parking and loading facilities;
The number of parking and loading spaces;
Signs; and
Landscaping, buffering, and screening requirements.58/59
Finally, a flexibility tool not used that could support redevelopment and revitalization goals is contextual compatibility standards. Currently, especially in areas “inside the beltway” identified as revitalization areas in Plan Prince George’s 2035, there are lots, homes, and nonresidential development that is nonconforming because it fails to comply with the Zoning Ordinance’s dimensional standards. These nonconforming situations prevent redevelopment of these sites, or even regular maintenance or upkeep, even though in most instances the redevelopment requested is consistent with the existing development “fabric” of these areas and is something the community would support.
57
Appeals of the District Council’s decision go to Circuit Court. The Zoning Ordinance states the Revitalization Overlay District is established … “To create a process whereby the governing body of incorporated municipalities may exercise the powers to approve departures from design and landscaping standards, parking and loading standards, sign design standards, and variances for lot size, setback, or similar requirements” 59 It has been applied twice, in Bowie and Greenbelt. 58
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Many modern codes use contextual compatibility standards to remove these obstacles to redevelopment and address this problem. Contextual compatibility standards supersede the dimensional standards in the base zone in order to allow expansions and redevelopment consistent with the existing “fabric” of the area, even if that fabric does not comply with the Zoning Ordinance standards for the zone. They, for example, might establish a rule (superseding the dimensional standards in the zone) that require the lot area, setback, and height standards in the zone be between 115- 125 percent of the average setbacks, lot area, and height of the lots and development on the same block face. Under this type of rule, as long as development is consistent with the existing development context on the block, it would be considered conforming and could develop under the Zoning Ordinance. b. Suggested Changes to Relief Provisions Most modern development codes include a broad and refined range of flexibility provisions that support their planning and development goals. Generally these provisions authorize professional-level staff to review and approve modest modifications or adjustments to development standards generally, and even greater modifications for preferred development types and in targeted areas of the community. With this in mind, and building on the County’s current provisions and best practices, we suggest the following changes to the current flexibility provisions:
60
Remove the requirement in Sec. 27-231(b)(2), Zoning Ordinance, that requires a use and occupancy permit be denied before a variance application is submitted by the applicant.
Provide the Planning Director authority to review and decide minor adjustments of the following standards by up to 15 percent, subject to specific review standards, and consolidate these provisions into one review procedure: •
Dimensional standards;
•
Off street parking space standards;
•
Landscaping;
•
Signs;
•
Targeted design standards, like fenestration or modulation of facades; and
•
Lot area standards.60
Change the name from departures to adjustments.
In addition, provide the Planning Director authority to review and decide minor adjustments between 15 and 25 percent in targeted areas in the County that require additional flexibility for
There will probably be additional suggestions during the drafting stages of the rewrite.
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development, subject to specific review standards. These areas might include:
•
The Regional Transit Districts;
•
The Local Transit Centers;
•
The Campus Centers;
•
The Neighborhood Centers;
•
The Town Centers;
•
The Employment Areas; and
•
The Neighborhood Reinvestment Areas.
Carry forward and refine the Planning Board’s authority to review and decide major adjustments (adjustments between 15 and 25 percent in locations where the Planning Director is not authorized to decide minor adjustments) from the following standards: •
Parking;
•
Landscaping;
•
Signs;
•
Building design; and
•
Lighting.
Add specific limitations to the degree of major adjustments that could be granted by the Planning Board, as well as other standards that ensure the adjustments are consistent with the character of the zone where the development subject to the adjustment is proposed to be located.
Eliminate the District Council as an appellate body for the Planning Board’s decisions on adjustments (and the “call-up” provision), since the decisions on adjustments are fairly technical. An appeal of the Planning Board’s decision would go directly to Circuit Court. 61
Carry forward and refine the cities of Bowie’s, College Park’s, Greenbelt’s, and New Carrollton’s authority to review and decide adjustments from the following standards, by establishing more precise development review standards, and thresholds for adjustments: •
Design for parking and loading facilities;
•
Landscaping, buffering, and screening requirements;
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If the County wants to maintain the District Council as an appellate board for Planning Board decisions on adjustments, then specific review standards need to be added to the regulations, both for appeals and call-ups. (This could include a statement of reasons for reconsidering the action, time limits for District Council action, and a “deemed approved” provision if no action taken within the established time period.)
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Part II: Make the Regulations More User-Friendly and Streamlined Section II.F Streamline Review Procedures Where Appropriate
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The number of parking and loading spaces; and
•
Signs.
Add contextual compatibility standards that would be applied to residential neighborhoods and to older neighborhoods (e.g., “areas “inside the beltway”) throughout the County. The contextual compatibility standards would, for example, require development to maintain setbacks that are between 115-125 percent of the average setbacks, lot area, and possibly height, for similar uses on the same block face.
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
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III. MODERNIZE, SIMPLIFY, AND CONSOLIDATE ZONES AND ZONE REGULATIONS The heart and foundation of a Zoning Ordinance are its zones and allowable uses. Input from citizens and stakeholders, a review of the land use policy direction in Plan Prince George’s 2035, as well as our review of the current zone regulations reveals they are in need of significant revision and modernization. The stakeholder interviews, meetings with the Zoning Advisory Panel, focus groups, the Planning Board, and elected officials, and citizen input at the Countywide Public Forums conducted during the initiation stage of this project identified a number of concerns and issues related to the current zones. They include the following:
There is a big gap between the development patterns and character of the current zones and zone regulations and the policy direction in Plan Prince George’s 2035 and existing Area Master Plans;
The zone structure is too complex and not easy to understand;
There are too many zones;
The zones allow too few by-right uses;
The organization and layout of current zone regulations are not user-friendly;
Zone standards are too suburban and do not recognize different development contexts—especially walkable urbanism and the more urban development character appropriate around transit stations and the walkable residential fabric in older residential neighborhoods inside the beltway;
The M-X-T and M-U-I zones are applied too liberally—in places not suitable or intended for such zoning;
There is no true agricultural zoning with standards designed to preserve and protect farms and farmland;
Current zones do not adequately support transit-oriented development;
Zoning around transit stations should allow much more density and a greater mix of uses; and
Use tables for the various zones are complex, inconsistent, and heavily modified by numerous substantive footnotes that create minor and areaspecific exceptions.
The stakeholder interviews, meetings with the Zoning Advisory Panel, focus groups, the Planning Board, and elected officials, and citizen input at the Countywide Public Forums conducted during the initiation stage of this project identified a number of concerns and issues related to the current zones. … Our evaluation identified similar concerns.
Our independent evaluation identified similar concerns. Because the current zone structure is complex and difficult to decipher, and the policy gaps between plan direction and the current zones significant, it was particularly important in
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
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Part III: Modernize, Simplify, and Consolidate Zones and Zone Regulations Section III.A Summary of Current Zones
considering what specific changes need to be made to the current zone structure that a systematic evaluation of the zones, uses, and relevant plan policies be undertaken. That evaluation is summarized in this section. It includes:
An evaluation of the Zoning Ordinance’s current zones;
An evaluation of the land use policy direction in Plan Prince George’s 2035 and associated plan land use classifications, and its implications for the zone structure; and
Consideration of the County’s key goals for the rewrite project, in particular the need to simplify and make the current regulations more user-friendly and efficient, especially for preferred development.
Based on this evaluation and considerations, a proposed structure for the zones in the new Zoning Ordinance is outlined and discussed in the Section C below. Part III also includes suggestions for how to simplify the system for classifying and establishing uses and use specific regulations (Section D) and how to improve the organization of zone regulations (Section E).
A. SUMMARY OF CURRENT ZONES A frequent comment in our interviews is that the Zoning Ordinance includes too many zones. The current Zoning Ordinance establishes 73 zones—a large number, even for a County as large and complex as Prince George’s County. (See a compilation of use tables and tables of intensity and dimensional standards for current zones in Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards.) The current zones were created over many years in response to changing conditions, growth trends, and community growth management policies, resulting in a number of zones that seem to overlap in terms of their function or purpose. Many of these zones were created to address immediate development needs or old plan objectives that may no longer be relevant. Others were created to trigger the need for a special individualized development plan review process. In some cases, distinctions between similar zones may no longer be significant. Some current zones are seldom (or never) used, and thus may no longer reflect market demand or adequately accommodate modern development trends.
The current Zoning Ordinance establishes 73 zones—a large number, even for a County as large and complex as Prince George’s County. … The current zones were created over many years in response to changing conditions, growth trends, and community growth management policies, resulting in a number of zones that seem to overlap in terms of their function or purpose.
The result is an ordinance that is a complex patchwork quilt of modern mixeduse and transit-oriented zones mixed in with older and—in some instances antiquated—single-use and suburban-oriented zones that overlap in purpose and do not always align with the County’s growth goals and policies.
1. Conventional Base Zones Of the 73 zones in the current Zoning Ordinance, there are 33 conventional base zones (consisting of 17 Residential zones, 11 Commercial zones, and 5
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Part III: Modernize, Simplify, and Consolidate Zones and Zone Regulations Section III.A Summary of Current Zones
Industrial zones). The conventional base zones define land uses as permitted by right, allowed as special exception uses, or prohibited in the zone; they also include intensity and dimensional standards for development in the zone. Table 4, Current Conventional Base Zones, Prince George’s County, lists the current conventional base zones and includes a brief description of them. 62
TABLE 4: CURRENT CONVENTIONAL BASE ZONES, PRINCE GEORGE’S COUNTY Zone Name
R-O-S: Reserved Open Space
O-S: Open Space R-A: ResidentialAgricultural R-E: Residential-Estate R-R: Rural Residential R-80: One-Family Detached Residential R-55: One-Family Detached Residential R-35: One-Family Semidetached, and Two-Family Detached, Residential R-20: One-Family Triple-Attached Residential
R-T: Townhouse
R-30: Multifamily Low Density Residential R-30C: Multifamily Low Density ResidentialCondominium R-18: Multifamily Medium Density Residential
General Description Residential Zones Provides for permanent maintenance of certain areas in an undeveloped state, with the consent of the landowners; preserves large areas of trees, open space; protects scenic and environmentally sensitive areas; provides land for nonintensive active or passive recreational uses; provides for very-low-density residential development and a limited range of public, recreational, and agricultural uses. Min. lot size - 20 ac; Max. density - 0.05 du/ac Provides for low-density residential development; promotes the economic use and conservation of land for agriculture, natural resource use, large-lot residential estates, and nonintensive recreational use. Standard lot size - 5 ac; Max. density - 0.20 du/ac Provides for large-lot residential development while encouraging the retention of agriculture as a primary land use. Standard lot size - 2 ac; Max. density - 0.50 du/ac Permits large-lot estate subdivisions. Standard lot size - 40,000 sf; Max. density - 1.08 du/ac; Est. avg. density - 0.85 du/ac Permits large lot subdivisions; allows a number of nonresidential special exception uses. Standard lot size - 20,000 sf; Max. density - 2.17 du/ac; Est. avg. density - 1.85 du/ac Provides for variation in the size, shape, and width of subdivision lots to better utilize the natural terrain and to facilitate planning of single-family developments with lots and dwellings of various sizes and styles. Standard lot size - 9,500 sf; Max. density - 4.5 du/ac; Est. avg. density - 3.4 du/ac Permits small-lot residential subdivisions; promotes high density, single-family detached dwellings. Standard lot size - 6,500 sf; Max. density - 6.70 du/ac; Est. average density - 4.2 du/ac Provides for single-family attached and two-family detached dwellings; requires detailed site plan approval for lots served by private rights-of-way. Standard lot sizes - 3,500 sf for one-family, semi-detached; 7,000 sf for two-family, detached; Maxi. density 12.44 du/ac; Est. avg. density - 8.5 du/ac Permits single-family detached, semidetached, and triple-attached and townhouse dwellings; requires detailed site plan approval for townhouses. Standard lot sizes - 3,200 sf for end lots - 2,000 sf for interior townhouse lots; Max. density - 16.33 du/ac for triple-attached; 6.0 du/ac for townhouses; Est. avg. density for triple-attached – 11 du/ac Permits one-family detached and attached, two-family, and three-family dwellings; promotes the maximum freedom in the design of attached dwellings and their grouping and layout; requires detailed site plan approval for attached dwellings. Min. tract area - 2 ac; Standard lot size - 1,800 sf for attached; Max. density – 9 du/ac for three-family; 8 du/ac for two-family; 6 du/ac for other attached Provides for low-density garden apartments and single-family Standard lot size - 14,000 sf for detached, single-family attached, two-family, and three-family garden apartments; 1,500 sf for dwellings; requires detailed site plan approval for multifamily and two-family; 1,800 sf for other attached dwellings. attached Max. density – 10 du/ac for Same as R-30 Zone except dwelling units must be condominiums, or garden apartments; 9 du/ac for developed in accordance with R-T Zone regulations; requires detailed three-family; 8 du/ac for twosite plan approval for multifamily and attached dwellings. family; 6 du/ac for other attached Provides for moderate-density multifamily development and single-family detached, single-family attached, two-family, and three-family dwellings in accordance with R-T Zone regulations; requires detailed site plan approval for multifamily and attached dwellings. Standard lot size - 16,000 sf for apartments; 1,500 sf for two-family; 1,800 sf for other attached Max. density – 12 du/ac for garden apartments and three-family; 20 du/ac for mid-rise apartments; 9 du/ac for three-family; 8 du/ac for two-family; 6 du/ac for other attached
62
Derived from Guide to Zoning Categories: Prince George’s County, Maryland. The MarylandNational Capital Park and Planning Commission, Prince George’s County Planning Department. Upper Marlboro, MD. November 2010.
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Part III: Modernize, Simplify, and Consolidate Zones and Zone Regulations Section III.A Summary of Current Zones
TABLE 4: CURRENT CONVENTIONAL BASE ZONES, PRINCE GEORGE’S COUNTY Zone Name R-18C: Multifamily Medium Density ResidentialCondominium R-10A: Multifamily, High Density Residential-Efficiency R-10: Multifamily High Density Residential R-H: Multifamily HighRise Residential C-O: Commercial Office C-A: Ancillary Commercial C-S-C: Commercial Shopping Center C-1: Local Commercial, Existing C-2: General Commercial, Existing C-C: Community Commercial, Existing C-G: General Commercial, Existing C-H: Highway Commercial, Existing C-M: Commercial Miscellaneous C-W: Commercial Waterfront C-R-C: Commercial Regional Center I-1: Light Industrial I-2: Heavy Industrial I-3: Planned Industrial/ Employment Park I-4: Limited Intensity Industrial U-L-I: Urban Light Industrial
General Description Same as R-18 Zone except dwelling units must be condominiums, or developed in accordance with R-T Zone regulations; requires detailed site plan approval for multifamily and attached dwellings. Standard lot size – 1 ac for apartments; 1,500 sf for two-family dwellings; 1,800 sf for other attached Max. density – 14 du/ac for garden apartments; 20 du/ac for mid-rise apartments; 9 du/ac for three-family; 8 du/ac for two-family; 6 du/ac for other attached Provides for a multifamily development designed for the elderly, singles, and small family groups; requires detailed site plan approval for buildings 110 feet in height or less and a special exception for higher buildings. Min. lot size - 2 ac; Max. density - 48 du/ac + 1 du/ac for each 1,000 sq. ft. of indoor common area Provides for high-density residential close to commercial and cultural centers; requires detailed site plan approval for buildings 110 feet in height or less and a special exception higher buildings. Min. lot size - 20,000 sf; Max. density – 48 du/ac Provides for high-density, vertical residential development; requires detailed site plan approval for multifamily dwellings. Min. lot size - 5 ac; Max. density - 48.4 du/ac Commercial Zones Provides for uses of a predominantly nonretail commercial nature, such as business, professional and medical offices, and related administrative services. Provides for certain small retail commercial uses, physician and dental offices, and similar professional offices that are strictly related to, and supply necessities in frequent demand by, the daily needs of an area with a minimum of consumer travel. Max. zone size: 3 ac Provides for retail and service commercial activities generally located within shopping center facilities. Subject to the same use, intensity, and dimensional regulations as the C-S-C Zone Subject to the same use, intensity, and dimensional regulations as the C-S-C Zone Subject to the same use, intensity, and dimensional regulations as the C-S-C Zone Subject to the same use, intensity, and dimensional regulations as the C-S-C Zone Subject to the same use, intensity, and dimensional regulations as the C-M Zone Provides for varied commercial uses, including office and highway-oriented uses, that may be disruptive to the compactness and homogeneity of retail shopping centers. Provides for marine activities related to tourism, vacationing, boating, and water-oriented recreation, as well as limited employment areas that cater to marine activities along a waterfront. Provides for major regional shopping malls and related uses that are consistent with the concept of an upscale mall; requires detailed site plan approval. Min. tract area – 100 ac; Max. FAR - .75; Max. building coverage: 50%; Max. building height – 75 ft Industrial Zones Provides for light manufacturing, warehousing, and distribution uses; Min. green space – 10% Provides for highly intensive industrial and manufacturing uses; Min. green space – 10% Provides for a mixture of industrial, research, and office uses with compatible institutional, recreational, and service uses will retain the dominant industrial/employment character of the zone and have minimal detrimental effects on residential and other adjacent areas; restricts outdoor uses and limits warehousing and wholesaling uses; requires conceptual and detailed site plan approvals. Min. tract size - 25 ac; Min. lot size – 2ac; Min. green space – 25% Provides for limited intensity manufacturing, warehousing, distribution, and commercial uses that are compatible with surrounding zoning and uses. Max. commercial FAR – 0.3; Min. green space – 25% Provides for a variety of small-scale light industrial uses in older, mostly developed industrial areas located close to established residential communities; applies a flexible regulatory process with standards to promote compatible reinvestment in, and redevelopment of, older urban industrial areas as employment centers.
2. Floating Zones The Zoning Ordinance also establishes 26 floating zones (counting the distinctive subzones of some of the comprehensive design zones) where specific development standards are applied or established through the approval of a landowner-initiated rezoning (generally accompanied by some sort of master development plan). These floating zones include:
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16 comprehensive design zones (including subzones) that provide for several types of mixed-use activity or employment center development or reflect a continuum of residential character (e.g., suburban, urban)— and offer bonus intensity for provision of public benefit features (such as green area, space for community services, incorporation of solar energy), or that encourage traditional, mixed-use hamlets or villages surrounded by open space;
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2 Planned Community zones—one designed to accommodate compatible mobile home communities, the other to provide a high level of flexibility for large planned developments; and
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8 Mixed Use zones—4 that are intended to encourage mixed-use development in various contexts (transportation-oriented, community, town center, infill), and 4 that apply form-based standards to promote transit- and pedestrian-oriented development in various urban development contexts (metropolitan, regional, and community centers, and corridor nodes).
Table 5, Current Floating Zones, Prince George’s County, lists the current floating zones and includes a brief description of each of them. 63
TABLE 5: CURRENT FLOATING ZONES, PRINCE GEORGE’S COUNTY Zone Name R-L: Residential Low Development – 0.5 R-L: Residential Low Development – 1.0 R-S: Residential Suburban Development – 1.6 R-S: Residential Suburban Development – 2.7 R-M: Residential Medium Development – 3.6 R-M: Residential Medium Development – 5.8 R-U: Residential Urban Development – 8.0 R-U: Residential Urban Development- 12.0 L-A-C: Local Activity Center Neighborhood
General Description Comprehensive Design Zones Provides for a mixture of residential types and lot sizes generally corresponding to low-density single-family development in areas recommended by a Master Plan for alternative low-density development techniques; provides for limited commercial uses necessary to serve the dominant residential uses. Provides for a mixture of residential types generally corresponding to suburban low-density single-family development; provides for limited commercial uses necessary to serve the dominant residential uses.
Provides for a mixture of residential types at a mediumdensity range; provides for limited commercial uses necessary to serve the dominant residential uses.
Provides for a mixture of residential types generally associated with an urban environment; provides for limited commercial uses necessary to serve the dominant residential uses. Provides for a mixture of commercial retail and service uses along with complementary residential densities within a hierarchy of centers serving neighborhood,
Min. tract size - Generally 100 ac Density: Base - 0.5 du/ac; Max. - 0.9 du/ac Min. tract size - Generally 100 ac Density: Base - 1.0 du/ac; Max. - 1.5 du/ac Min. tract size - Generally 25 ac Density: Base - 1.6 du/ac; Max. - 2.6 du/ac Min. tract size - Generally 25 ac Density: Base - 2.7 du/ac; Max. - 3.5 du/ac Min. tract size - Generally 10 ac Density: Base - 3.6 du/ac; Max. - 5.7 du/ac Min. tract size - Generally 10 ac Density: Base - 5.8 du/ac; Max. - 7.9 du/ac Min. tract size - Generally 5 ac Density: Base - 8.0 du/ac; Max. - 11.9 du/ac Min. tract size - Generally 5 ac Density: Base - 12.0 du/ac; Max. - 16.9 du/ac Min. tract size - 4 ac Density: Base - 8 du/ ac; Max. - 12.1 du/ ac FAR: Base -: 0.16; Max. - 0.31
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Derived from Guide to Zoning Categories: Prince George’s County, Maryland. The MarylandNational Capital Park and Planning Commission, Prince George’s County Planning Department. Upper Marlboro, MD. November 2010.
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Part III: Modernize, Simplify, and Consolidate Zones and Zone Regulations Section III.A Summary of Current Zones
TABLE 5: CURRENT FLOATING ZONES, PRINCE GEORGE’S COUNTY Zone Name L-A-C: Local Activity Center- Village L-A-C: Local Activity Center – Community M-A-C: Major Activity Center – New Town or Corridor City Center M-A-C: Major Activity Center – Major Metro Center E-I-A: Employment and Institutional Area V-L: Village-Low
V-M: VillageMedium
R-M-H: Planned Mobile Home Community R-P-C: Planned Community
M-X-C: Mixed Use Community
M-X-T: Mixed Use Transportation Oriented
M-U-TC: Mixed-Use Town Center
M-U-I: Mixed-Use Infill
UC-1: Metropolitan Urban Center District
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General Description village, and community areas.
Provides for a mixture of uses that serve a regional residential market or provide concentrated employment within two types of functional and pedestrian-friendly centers.
Min. tract size - 10 ac. Density: Base -10 du/ac; Max. - 15 du/ ac FAR: Base - 0.2; Max. - 0.64 Min. tract size - 20 ac Density: Base - 10 du/ac; Max. - 20 du/ ac FAR: Base - 0.2; Max. - 0.68 Min. tract size - 40 ac Density: Base - 10 du/ac; Max.– 47.9 du/ac FAR: Base - 0.2; Max. - 0.88
Min. tract size - 40 ac Density: Base - 48 du/ac; Max. - 125 du/ ac FAR: Base – 1.0; Max.– 2.7 Provides for a concentration of nonretail employment and institutional uses and services such as medical, manufacturing, office, religious, educational, recreational, and governmental. Min. tract size - 5 ac; Mon. landscaped open space – 20% of lot area Provides for a variety of residential, commercial, recreational, and employment uses within a traditional village setting surrounded by open space; requires the distinct areas: (1) Village Proper; (2) Village Fringe; (3) Residential Areas; (4) Village Buffer; and (5) Recreational Areas; requires land uses to be arranged to allow a sense of community with linkage via a pedestrian network to a core containing commercial, civic, community, and residential uses; requires a mixture of residential types and lot sizes, including affordable housing units; includes detailed design standards and building materials requirements. It may be applied to areas recommended for permanent low density by a Master Plan.
Min. tract size - 150 ac Max. density - 1.3 du/ac
Min. tract size - 300 ac Max. density – 2.0 du/ac
Planned Community Zones Provides for suitable sites for planned mobile home communities, including residences and related recreational, commercial, and service facilities, subject to detailed site plan approval. Min. lot size - 4,000 sf; Max. density – 7 mobile homes/ac Provides for a combination of uses to promote a large-scale community development with a full range of dwellings providing living space for a minimum of 500 families; encourages recreational, commercial, institutional, and employment facilities within the planned community; requires final plan approval by the District Council at the time of rezoning, followed by official plan approval by the Planning Board and, in certain R-P-C Zones, detailed site plan approval. Max. density – 8 du/ac Mixed Use Zones Provides for a comprehensively planned community with a balanced mix of residential, commercial, light manufacturing, recreational and public uses that are compatible with existing and proposed surrounding land uses, public facilities, and public services; requires residential uses, community use areas, neighborhood centers, and an integrated public street system with a variety of street standards. Min. tract size - 750 ac; Lot size and dwelling types - No restrictions; Max. density – 2 du/ac; Max. FAR - 0.4 Provides for a variety of residential, commercial, and employment uses located near a major intersection or a major transit stop or station, or at a location where the applicable Master Plan recommends mixed uses similar to those permitted in the M-X-T Zone; requires at least two out of the following three use categories: (1) Retail businesses; (2) Office/ Research/Industrial; and (3) Dwellings, hotel/motel; encourages a 24-hour functional environment; requires adequate transportation facilities for the anticipated traffic. Lot size and dwelling types - No restrictions; Max. FAR - 0.4 without optional method; 8.0 with optional method (provision of amenities) Provides for a mix of commercial and limited residential uses that establish a safe, vibrant, 24-hour environment; promotes appropriate redevelopment—and the preservation and adaptive reuse of selected buildings in—older commercial areas; applies a flexible regulatory framework based on community input to encourage compatible development and redevelopment; requires approval of a development plan approval at the time of zoning approval that includes minimum and maximum development standards and guidelines. Encourages the efficient use of land, public facilities, and services in areas within a Transit District Overlay Zone or a Development District Overlay Zone that are substantially developed; intended to create community environments enhanced by a mix of residential, commercial, recreational, open space, employment, and institutional uses in accordance with approved plans. Provides for large-scale, high-intensity, transit-oriented, mixed-use development within metropolitan centers designated in the general plan; intended to be the most intense and least auto-dependent areas in the County—essentially a “downtown” zone in ultimate built character. Because of the access to regional fixedguideway transit systems and the scale of these centers, they are to be primary targets for employment, major educational complexes, and high-intensity commercial uses.
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TABLE 5: CURRENT FLOATING ZONES, PRINCE GEORGE’S COUNTY Zone Name
General Description
UC-2: Regional Urban Center District UC-3: Community Urban Center District
Provides for moderately-scaled mixed-use, transit-oriented development in a town center setting; appropriate for regionally marketed commercial and retail centers, office and employment areas, and recreational complexes primarily serving the County, as well as high-density residential development. Provides for a small- to moderate-intensity mix of mix of higher density residential uses and nonresidential mixed uses at appropriate locations along key transportation routes; intended to be developed as a neighborhood “main street” and to complement and serve existing adjacent neighborhoods. Provides for a concentrated mix of limited higher intensity residential and non-residential mixed uses at appropriate locations along key transportation routes; intended to be developed as a smaller-scale and pedestrian-oriented node that complements and serves existing adjacent neighborhoods.
UC-4: Urban Corridor Node
3. Overlay Zones The current Zoning Ordinance also includes 14 overlay zones that use master development plan approvals to modify the regulations otherwise applied by the underlying zone(s) to protect water quality and natural resources in the Chesapeake Bay critical areas, and ensure safe and compatible development around airports, encourage transit-oriented development near Metro stations, achieve plan objectives for special areas, maintain an area’s architectural character, and encourage redevelopment and revitalization of economically or physically declining areas. Table 6, Current Overlay Zones, lists the current overlay zones and includes a brief description of them. 64
TABLE 6: CURRENT OVERLAY ZONES Zone Name I-D-O: Intense Development Overlay L-D-O: Limited Development Overlay R-C-O: Resource Conservation Overlay
APA-1: Aviation Policy Area – Runway Protection Zone APA-2: Aviation Policy Area – Inner Safety Zone APA-3S: Aviation Policy Area – Small Airport Inner Turning Area APA- 3M: Aviation Policy Area – Medium Airport Inner Turning Area
General Description Chesapeake Bay Critical Area Overlay Zones Intended to conserve and enhance fish, wildlife, and plant habitats and improve the quality of runoff that enters the Chesapeake Bay, while accommodating existing residential, commercial, or industrial land uses with development intensity limits. Max. density is the same as in the underlying zone. Intended to maintain and/or improve the quality of runoff entering the tributaries of the Chesapeake Bay and maintain existing areas of natural habitat, while accommodating additional low-or moderate-intensity development. Max. density is the lesser of that in the underlying zone or 4.0 du/ac. Intended to provide adequate breeding, feeding, and wintering habitats for wildlife, to protect the land and water resources base necessary to support resource-oriented land uses, and to conserve existing woodland and forests for water quality benefits along the tributaries of the Chesapeake Bay. Max. density – 0.05 du/ac. Aviation Policy Area Overlay Zones These are the trapezoidal areas centered along the extended centerline of an airport runway from a point 200 feet from the ends of the runway (with a width of 250 feet) to a point 1,000 feet further out (with a width of 450 feet). These are the rectangular areas extending 225 feet to both sides of the centerline of an airport runway and extending 1,500 feet beyond the ends of the runway (along its extended centerline).
These are the areas extending outward 2,700 feet from the APA-5 zones along the runway of a small airport.
These are the pie-shaped areas exclusive of APA-1 ad APA-2 zones that extends outward 2,500 feet from each end of the runway of a medium–sized airport.
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Derived from Guide to Zoning Categories: Prince George’s County, Maryland. The MarylandNational Capital Park and Planning Commission, Prince George’s County Planning Department. Upper Marlboro, MD. November 2010.
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Part III: Modernize, Simplify, and Consolidate Zones and Zone Regulations Section III.B Policy Direction in Plan Prince George’s 2035 for Zone Structure and Zone Regulations
TABLE 6: CURRENT OVERLAY ZONES Zone Name APA-4: Aviation Policy Area – Outer Safety Zone APA-5: Aviation Policy Area – Sideline Safety Zone APA-6: Aviation Policy Area – Traffic Pattern Area
T-D-O: Transit District Overlay
D-D-O: Development District Overlay
A-C-O: Architectural Conservation Overlay
R-O-D: Revitalization Overlay District
General Description These are the rectangular areas extending 225 feet to both sides of the centerline of an airport runway as extended 2,500 feet beyond the end of the APA-2 zone at each end of the runway. This is the rectangular area extending 500 feet to both sides of the centerline of an airport runway.
This is the oblong area extending 5,000 feet in all directions from the centerline of an airport runway. Other Overlay Zones Intended to ensure that development in a designated area meets the goals established in a transit district development plan; may be applied in the vicinity of Metro stations to maximize transit ridership, serve the economic and social goals of the area, and take advantage of the unique development opportunities that mass transit provides. Intended to ensure that development in a designated area meets the goals established in a master plan, master plan amendment, or sector plan; may be applied to town centers, Metro areas, commercial corridors, employment centers, revitalization areas, historic areas, and other special areas as identified in approved plans. Intended to ensure that development and redevelopment efforts preserve and protect the architectural or design character of neighborhoods in accordance with an approved architectural conservation plan; may be applied in areas where the majority of properties have been developed and exhibit distinct, unifying elements, characteristics, design, or other physical features. Intended to ensure the orderly development or redevelopment of land within a designated area; provide a mechanism for the County to delegate full authority to local municipalities to approve departures from parking, landscaping, and sign standards, and limited authority to approve variances from building setbacks, lot coverage, yards, and other dimensional requirements.
B. POLICY DIRECTION IN PLAN PRINCE GEORGE’S 2035 FOR ZONE STRUCTURE AND ZONE REGULATIONS The County’s updated general plan, Plan Prince George’s 2035, represents the community’s vision of where and how it wants to grow and develop in the next 20 years. The Zoning Ordinance is one of the primary tools for implementing that vision and should closely reflect the plan’s goals, policies, and strategies concerning the physical growth and development of the County and the areas where they are to be applied. The plan targets its growth and development goals, policies, and strategies to specific geographic areas or types of areas through three different maps and associated classifications and categories.
1. Growth Policy Map/Classifications The plan’s Growth Policy Map shows how various geographic areas of the County are intended to grow and develop over the next 20 years, and is the primary guide to future growth and development within Prince George’s County for the foreseeable future. The areas shown on the map are conceptual in nature, with their boundaries to be more firmly established through future master and sector plans. Ideally, zones established by the Zoning Ordinance should align with the classifications shown on the Growth Policy Map. The map designates:
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3 primary and 5 secondary Regional Transit Districts;
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26 Local Centers;
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o
Established Communities;
o
A number of Future Water and Sewer Service Areas; and
o
Several Rural and Agricultural Areas.
Regional Transit Districts are high-density, vibrant, and transitrich mixed-use areas intended to capture the majority of the County’s future residential and employment growth and development. They embody key elements of walkable urbanism. Regional Transit Districts are envisioned as walkable and bikeable areas that are well-connected to a regional transportation network through a range of transit options, and contain a mix of office, retail, entertainment, public and quasipublic, flex, and medical uses that serve regional needs. Table 7, Regional Transit Districts, Plan Prince George’s 2035, summarizes the characteristics of Regional Transit Districts.65 Each Regional Transit District is envisioned as having a core area (generally around a transit station or stop) with a more intense mix of employment, retail, and residential development in a walkable environment, surrounded by a less intense edge area with more of a residential mix and less emphasis on commercial development.
The plan’s Growth Policy Map shows how various geographic areas of the County are intended to grow and develop over the next 20 years, and is the primary guide to future growth and development within Prince George’s County for the foreseeable future…. Ideally, zones established by the Zoning Ordinance should align with the classifications shown on the Growth Policy Map.
TABLE 7: REGIONAL TRANSIT DISTRICTS, PLAN PRINCE GEORGE’S 2035 • Branch Avenue Metro • College Park/UM Metro/M Square Purple Line • Greenbelt Metro • Largo Town Center Metro • National Harbor • New Carrollton Metro • Prince George’s Plaza Metro • Suitland Metro
New Housing Mix Predominantly high-rise and mid-rise apartments and condos, townhouses
Moderate- to high-density and intensity regional-serving centers. Destinations for regional workers and residents that contain a mix of office, retail, entertainment, public and quasi-public, flex, and medical uses; the balance of uses will vary depending on the center’s predominant character and function. Walkable, bikeable, and well-connected to a regional transportation network via a range of transit options. Density and intensity are often noticeably greater within a quarter mile of Metro and light rail stations. The recommended jobs-to-household ratio ranges from three jobs to one household (3:1) to six jobs to one household (6:1) for more mixed-use centers and six jobs to one household or greater (> 6:1) for larger employment centers. In employment centers, housing and retail uses are secondary, but essential to creating competitive and vibrant environments attractive to employers and employees. Average Housing FAR for New Density for New Commercial Transportation Characteristics Development Development Metrorail with frequent local feeder connections (bus and shuttle service) and intermodal facilities— 40+ Dwelling 3+ commuter rail (Amtrak and MARC service), fixed Units/Acre guideway (light rail and bus rapid transit), and interstate highways and arterials.
Local Centers are focal points of concentrated residential development and limited commercial activity serving surrounding Established Communities. Along with the Regional Transit Districts, they are intended to be the principal target for future mixed-use and residential development, as well as for commercial development that might otherwise locate in and serve Established Communities. Local Centers are envisioned as supporting
65
Plan Prince George’s 2035 (2014).
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walkable urbanism, especially in their cores and where transit is available. The plan identifies four types of Local Centers: o
Local Transit Centers;
o
Neighborhood Centers;
o
Campus Centers; and
o
Town Centers.
Table 8, Local Centers, Plan Prince George’s 2035,66 summarizes the characteristics of each type of Local Center. Although smaller-scale than Regional Transit Districts, Local Centers are also envisioned as having a more intense and more walkable core area surrounded by a less intense and more residential edge area.
TABLE 8: LOCAL CENTERS, PLAN PRINCE GEORGE’S 2035 Local Transit Centers Smaller-scale, mixed-use centers that are well connected by transit. Many of these areas are integrated with an established street grid and offer localserving retail and limited office uses.
• Addison Road Metro • Capitol Heights Metro • Cheverly Metro • Landover Metro • Takoma/Langley Crossroads • Morgan Boulevard Metro • Naylor Road Metro • West Hyattsville Metro New Housing Mix
Average Housing Density for New Development
FAR for New Commercial Development
Mid-rise and low-rise apartments and condos, and townhouses
15-30 Dwelling Units/Acre
1.5-3
Transportation Characteristics Walk-up metro rail or light rail with potential for localized parking and local transit connections (all types of bus service).
Neighborhood Centers • Annapolis Road/ Glenridge* • Beacon Heights* • Muirkirk MARC • Oxon Hill • Port Towns • Riverdale MARC • Riverdale Park* • Seabrook MARC • Southern Avenue Metro *Future Purple Line centers.
Moderate-density employment centers, often anchored by institutional uses. Mix of office, flex-space, and/or industrial uses with supporting retail. Housing and retail uses are secondary, but essential to creating a vibrant, walkable environment that is attractive to employers and employees. The recommended jobs-to-household ratio is six jobs to one household or greater (> 6:1).
New Housing Mix
Average Housing Density for New Development
FAR for New Commercial Development
Mid-rise and low-rise apartments and condos, townhouses, and small-lot single-family
10-15 Dwelling Units/Acre
0.5-2
66
Transportation Characteristics Typically light rail, commuter rail, or local bus hub (walk-up stops with limited or no parking).
Plan Prince George’s 2035 (2014).
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TABLE 8: LOCAL CENTERS, PLAN PRINCE GEORGE’S 2035 Campus Centers • Bowie MARC • UMD East* • UMD Center* • UMD West* *Future Purple Line centers.
Transit accessible low- to medium-density mixed-use development oriented towards supporting university research, as well as community housing and retail needs, and student housing needs at Bowie MARC.
New Housing Mix
Average Housing Density for New Development
FAR for New Commercial Development
Mid-rise and low-rise apartments and condos, townhouses, and small-lot single-family
10-15 Dwelling Units/Acre
0.5-3
Transportation Characteristics Light or commuter rail, arterial roadways, and local/express bus service.
Town Centers • Bowie • Brandywine • Konterra • Landover Gateway • Westphalia Center
A range of auto-accessible centers that anchor larger areas of suburban subdivisions. Overall the centers are less dense and intense than other center types and may be larger than a half mile in size due to their auto orientation. The centers typically have a walkable “core” or town center. Often the mix of uses is horizontal across the centers rather than vertical within individual buildings. While master plans may call for future heavy or light rail extensions or bus rapid transit, no transit alternatives have been approved for construction. Town Centers such as Brandywine, Konterra, and Westphalia are currently under construction and have received significant public and private investment in infrastructure improvements. These centers are envisioned to develop per the guidelines of Plan 2035 to help fulfill Countywide goals. Average Housing FAR for New New Housing Mix Density for New Commercial Transportation Characteristics Development Development Low-rise apartments and condos, Largely automobile-oriented with access from arterial 10-60 Dwelling townhomes, and small, single1-2.5 highways. Limited bus service along with on-demand Units/Acre family lots bus service.
Employment Areas are areas with the highest concentrations of economic activity in four targeted industry clusters: healthcare and life sciences; business services; information, communication, and electronics; and the federal government. There are five Employment Areas designated on the Growth Policy Map: o
College Park / Riverdale Park / Greenbelt / Berwyn Heights / Beltsville / Calverton;
o
Largo-Capital Beltway Corridor;
o
Bowie;
o
National Harbor; and
o
Southern Green Line stations (including Branch Avenue, Naylor Road, and Suitland).
Future Water and Sewer Service Areas are areas located inside the Growth Boundary that have not yet been approved for public water and sewer category change that would allow for denser development. They are holding areas in which near-term development is to be deferred until additional water and sewer capacity becomes available.
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Rural and Agricultural Areas are areas with significant natural and agricultural resources and are best suited for supporting agricultural production and forest preservation, preserving environmentally sensitive land, and accommodating low-density residential development that reflects the area’s rural character. These areas are served by wells and septic systems rather than public water and sewer systems. Established Communities make up the remainder of the County. Established Communities consist of existing residential neighborhoods and commercial areas outside the Regional Transit Districts and Local Centers that are served by public water and sewer (including municipalities). They are suitable for context-sensitive, high-quality infill development and low- to medium-density development. The plan calls for development regulations that help protect, strengthen, and revitalize the Established Communities—and where adjacent to Rural and Agricultural Areas, provide for a transition in development intensity and encourage preservation of green infrastructure corridors. [In 2012, the State adopted the Smart Growth and Agricultural Preservation Act (SB 236 or “the septic bill”), which called for local jurisdictions to adopt SGA Tier Maps distinguishing areas where residential subdivisions are to be served by public sewer from areas where they may be served by on-site sewage disposal or septic systems. Prince George’s County adopted SGA Tier Maps later that year and subsequently considered those maps when preparing Plan 2035. SGA Tier I includes growth areas currently served by public sewer and SGA Tier II includes growth areas planned for public sewer service. The SGS Tier I areas and SGA Tier II areas generally correspond to the Establish Community areas and Future Water and Sewer Service Areas, respectively, on Plan 2035’s Growth Policy Map. SGS Tier IV includes lands dominated by agricultural and resource areas planned, zoned, or managed for conservation of such areas. Tier III essentially includes all lands not in SGS Tiers I, II, and IV—i.e., lands other than agricultural and resource areas where public sewer service is not planned. SGS Tier III and SGS Tier IV area make up the Rural and Agricultural Area on Plan 2035’s Growth Policy Map.
2. Strategic Investment Map/Classifications The plan’s Strategic Investment Map identifies areas where most County, state, and federal monies and resources are to be invested to support the plan’s growth and development goals as expressed in the Growth Policy Map. This map designates three Downtowns, the Innovation Corridor, six Neighborhood Reinvestment Areas, and a number of Priority Preservation
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Areas as the places where public investment will be focused. In the Priority Preservation Area, such public investment will be targeted towards encouraging agricultural economic development activities and funding programs that purchase or otherwise preserve prime agricultural and forest resources (e.g., the Historic The plan’s Strategic Investment Map Agricultural Resource Preservation Program (HARPP) identifies areas where most County, state, and Maryland Agricultural Land Preservation Fund and federal monies and resources are to be (MALPF)). In the other areas, public investment will be invested to support the plan’s growth and targeted towards capital improvements in transit, development goals as expressed in the streets, sidewalks, bikeways, streetscapes, stormwater Growth Policy Map. management, water and sewer, lighting, information and communication technology, and other infrastructure and amenities needed to accommodate the types and intensities of development intended for the area. The Downtowns, which make up three of the areas designated as Regional Transit Districts on the Growth Policies Map, are intended to be vibrant, walkable, regional serving centers with a robust economic and employment base, a distinct sense of place and identity, multimodal transportation networks and connections, and a varied housing stock for a diverse, mixed-income population. The three initial Downtown areas designated in the plan are: o
New Carrolton Metro;
o
Largo Town Center Metro; and
o
Prince George’s Plaza Metro.
Two Downtown areas are to be designated as this first round of Downtowns meets housing and employment targets: Suitland Metro and Branch Avenue Metro. The remaining Regional Transit Districts (College Park/UM Metro/M Square Purple Line, Greenbelt Metro, and National Harbor) would follow. The Innovation Corridor consists of parts of the City of College Park, the City of Greenbelt, and the Towns of University Park, Riverdale Park, Edmonston, Berwyn Heights, and areas along the US 1 corridor and around the Beltsville Agricultural Research Center that have the highest concentrations of the four types of economic activity targeted by the County (healthcare and life sciences; business services; information, communication, and electronics; and the federal government), and have the greatest potential to catalyze future job growth, research, and innovation in the near- to mid-term future. Such growth, research, and innovation is expected to benefit from businesses, research institutions, and incubators being located in close proximity to one another as well as to existing and planned transportation infrastructure.
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The area making up the Innovation Corridor also comprises one of the Employment Areas designated on the Growth Policy Map. Neighborhood Reinvestment Areas are neighborhoods that have experienced a marked decline in land values, critical services, and neighborhood amenities, as well as an increase in crime—largely due to a lack of public investment. They include the following six neighborhoods:
East Riverdale / Bladensburg;
Glassmanor / Oxon Hill;
Hillcrest Heights / Marlow Heights;
Kentland / Palmer Park; and
Langley Park;
Suitland / Coral Hills.
These neighborhoods are the target of revitalization efforts through the County’s Transforming Neighborhoods Initiative (TNI), launched in 2012. The focus of the County’s strategic investment in these areas, as defined by the TNI, is improving certain key indicators.67 The In sum, the Strategic Investment Map Strategic Investment Map’s Neighborhood Investment Area classification has no counterpart on the Growth classifications generally complement those Policy Map. All Neighborhood Investment Areas are on the Growth Policy Map, with the lone located within areas the Growth Policy Map exception of the Neighborhood Investment designates as Established Community, and within the Area, which reflects redevelopment and infill Capital Beltway.
goals already addressed to some extent by several current zones. Plan 2035’s Growth Policy Map and classifications therefore serve as a good framework for organizing and consolidating the zones in the new Zoning Ordinance.
Priority Preservation Areas are intended to provide for the protection of agricultural and forest resources and promote the long-term viability of the agricultural sector of the local economy. The areas making up the Priority Preservation Areas are all within areas designated as Agriculture/Rural Areas on the Growth Policy Map.
In sum, the Strategic Investment Map classifications generally complement those on the Growth Policy Map, with the lone exception of the Neighborhood Investment Area, which reflects redevelopment and infill goals already addressed to some extent by several current zones. Plan 2035’s Growth Policy Map and classifications therefore serve as a good framework for organizing and consolidating the zones in the new Zoning Ordinance. Another consideration, however, is that much development in the County has occurred under the current array of zones, which apply finer grain distinctions than the Growth Policy and Strategic Investment classifications. To recognize the various development contexts arising from the current zoning scheme, as well as the sector and master plans that establish much 67
Violent crime; property crime; reading and math scores; school absentee rates; foreclosure rates; concentrations of Section 8 housing; income levels; pedestrian deaths/injuries; and residents on public assistance.
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of those development contexts, it is useful to also be guided by the land use categories shown on Plan 2035’s Generalized Future Land Use Map, which compiles and generalizes future land use designations envisioned by approved sector and master plans.
3. Generalized Future Land Use Map/Categories Plan 2035’s Generalized Future Land Use Map is intended to be dynamic and subject to change as Sector and Master Plans are amended in the future to align with the plan’s vision. Although the map’s land use categories do not serve as the basis for specific plan policies (as with the Growth Policy Map), they are helpful in identifying general categories of land use addressed by current and future County land use policies and zone regulations. They also may serve to inform how zones (particularly residential zones) in the new Zoning Ordinance might be categorized to further break down the Growth Policy and Strategic Investment classifications, and how current zones might be consolidated and regrouped to better reflect the Plan 2035. The Generalized Future Land Use Map includes the following 11 general land uses:
Mixed-Use
Residential High
Commercial
Residential Medium-High
Industrial/Employment
Residential Medium
Industrial
Residential Low
Institutional
Rural and Agricultural
Parks and Open Space
Table 9, Generalized Land Use Categories, Plan Prince George’s 2035,68 summarizes the characteristics of each land use category.
TABLE 9: GENERALIZED LAND USE CATEGORIES, PLAN PRINCE GEORGE’S 2035 Land Use Category Mixed-Use
Commercial Industrial/Employment Institutional Residential High
68
Description Areas of various residential, commercial, employment and institutional uses. Residential uses may include a range of unit types. Mixed-use areas may vary with respect to their dominant land uses, i.e. commercial uses may dominate in one mixed-use area, whereas residential uses may dominate in another. Retail and business areas, including employment uses such as office and service uses. A range of services are provided at the neighborhood to regional level. New commercial areas have access to multimodal transportation options. Manufacturing and industrial parks, warehouses and distribution. May include other employment, such as office and service uses. Uses such as military installations, hospitals, sewage treatment plants, and schools. Residential areas exceeding 20 dwelling units per acre. Mix of dwelling unit types, including apartments.
Density (du/ac) See Center Classifications
N/A N/A N/A > 20
From Plan Prince George’s 2035. 2014.
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TABLE 9: GENERALIZED LAND USE CATEGORIES, PLAN PRINCE GEORGE’S 2035 Land Use Category Residential Medium-High Residential Medium Residential Low Rural and Agricultural Parks and Open Space
Description Residential areas between eight and 20 dwelling units per acre. Mix of dwelling unit types, including apartments. Residential areas between 3.5 and 8 dwelling units per acre. Primarily single-family dwellings (detached and attached). Residential areas up to 3.5 dwelling units per acre. Primarily single-family detached dwellings. Low-density residential uses with areas of agricultural and forestry production. Agricultural land (cropland, pasture, farm fields), forest, and very low-density residential. Parks and recreation areas, publicly-owned open space (federal, state, County, municipal, and M-NCPPC), and privately-owned open space.
Density (du/ac) > 8 and ≤ 20 > 3.5 and ≤ 8 > 0.5 and ≤ 3.5 ≤ 0.5
C. SUGGESTED NEW ZONE STRUCTURE The result of this effort is that the current number of zones is dramatically reduced in a way that is consistent with Plan 2035’s policy direction, and in a way that makes it much more efficient to achieve preferred development in the County—transit-oriented development and walkable urbanism. The current zone structure includes 73 zones: 33 base zones; 26 floating zones; and 14 overlay zones. The proposed zone structure includes a total of 43 zones: 25 base zones, 7 planned development zones (floating zones), and 11 overlay zones.
Based on the evaluation of the current zone structure, the land use policy direction in Plan Prince George’s 2035, and key goals for the rewrite project of simplifying, modernizing, and making the current regulations more user-friendly and efficient, especially for preferred development, we suggest the current zone structure be modified as outlined in Table 10: Suggested New Zone Structure. The table organizes the zones in the following order:
Agricultural Base Zones;
Residential Base Zones;
Center Base Zones;
Nonresidential Base Zones
Planned Development Zones; and
Overlay Zones.
So the reader can easily compare the current zone structure to the proposed structure, the first column in the table outlines the current zones; the second column shows the general translation of the current zones to the proposed zones. Where current zones are proposed to be deleted or several zones consolidated, that is noted; where new zones are proposed, that is also noted. The listings of the zones under each group of zones generally starts with the least intense zones, extending to the highest intensity zones. So the reader can relate the proposed zone structure to the policy direction in Plan 2035, the final three columns in the table show classifications used in Plan 2035’s Growth Policy Map, Strategic Investment Map, or Generalized Future Land Use Map, and indicate how the suggested zones reflect or are intended to implement those classifications and their associated policies. The key changes to the zone structure, based on the policy direction in Plan 2035, involve the replacement of the current zones that have been used as the key regulatory mechanisms for approving higher density, mixed-use, and transitoriented development—the comprehensive design, planned community, and mixed-use floating zones, and the Development District and Transit District Overlay Zones—with base zones and planned development zones that better
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reflect Plan 2035’s classifications and associated policies that focus on various types of centers and employment areas. The process for review and approval of development in the current comprehensive design, planned community, and mixed-use zones is complex, discretionary, time consuming, and uncertain, which dampens developers’ and investors’ interests in undertaking this preferred form of development in the County. To address this problem, especially since development within the centers (especially the Regional Transit Districts) designated in the plan is a high priority, the proposed zone structure creates a series of base zones for:
Regional Transit Districts;
Local Transit Centers;
Neighborhood Centers; and
Town Centers.
These base zones would establish allowed uses, dimensional standards, form standards, and other relevant development and design standards—allowing preferred forms of walkable urbanism and transit-oriented development to occur by right, and without a complex, lengthy, and uncertain development review process. In addition, and recognizing there are some locations the County might not want to map these base zones, or that there might be instances where an applicant wants more flexibility, the proposed zone structure also establishes a planned development zone for each Center. These planned development zones would be similar to the current floating zones in that they would require approval of a plan for development along with a rezoning approval—but the process would involve fewer steps, making it more efficient than the current review process. The County includes a number of small traditional downtown areas (e.g., Upper Marlboro, Croom) to which are applied a combination of the current base commercial and residential zones. For some of these small downtown areas, it may be appropriate to apply the carried-forward base commercial and residential zones comparable to those currently applied. For others, it may be appropriate to apply the proposed Town Center Zone or Neighborhood Center Zone—particularly if the existing development form reflects Plan 2035’s description of a mixed-use Town Center or Neighborhood Center, or if the community wishes its downtown to grow into an area fitting Plan 2035’s description of a mixed-use Town Center or Neighborhood Center. If there are small downtown areas with an established character that should be preserved, but cannot be preserved under carried-forward base commercial or residential zones or a Town Center Zone or Neighborhood Center Zone, the new Zoning Ordinance might create a new placeholder “framework” zone to implement a specific plan for the downtown area. Such a zone might be similar to the suggested Neighborhood Conservation Overlay Zone (see Section IV.A.4,
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Neighborhood Conservation Zones), except that it would focus on preserving or protecting the character of a small downtown area rather than a neighborhood. The other types of changes to the current zone structure involve deletions of zones where they are antiquated, and consolidation of zones in instances where they generally serve the same purpose and have similar use regulations and dimensional and development standards. The result of this effort is that the current number of zones is dramatically reduced in a way that is consistent with Plan 2035’s policy direction, and in a way that makes it much more efficient to achieve preferred development in the County—transit-oriented development and walkable urbanism.
The current zone structure includes 73 zones: 33 base zones; 26 floating zones; and 14 overlay zones.
The proposed zone structure includes a total of 43 zones: 25 base zones, 7 planned development zones (floating zones), and 11 overlay zones.
The proposed changes to the current zone structure are explained in more detail following the table (with those zones included in the suggested new zone line-up in bold type).
TABLE 10: SUGGESTED NEW ZONE STRUCTURE Current Zones
Suggested New Zones
Plan 2035 Classifications Generalized Strategic Growth Policy Land Use Investment Classifications Categories Classifications
Base Zones Rural, Agricultural, and Open Space Base Zones R-O-S: Reserved Open Space
ROS: Reserved Open Space
O-S: Open Space
OS: Open Space
R-A: Residential-Agricultural
AR: Agricultural-Residential
R-E: Residential Estate
RE: Residential Estate
Residential Base Zones R-R: Rural Residential RR: Rural Residential R-80: One-Family Detached SFR-4.6: Single-Family Residential Residential-4.6 R-55: One-Family Detached SFR-6.7: Single-Family Residential Residential-6.7 R-35: One-Family Semidetached & Two-Family Detached Residential 2FR: Two-Family Residential [CONSOLIDATED] R-20: One-Family Triple-Attached Residential R-T: Townhouse R-30: Multifamily Low Density MFR-12: Multifamily ResidentialResidential 12 [CONSOLIDATED] R-30C: Multifamily Low Density Residential – Condominium R-18: Multifamily Medium Density Residential MFR-20: Multifamily ResidentialR-18C: Multifamily Medium Density 20 [CONSOLIDATED] Residential - Condominiums R-10: Multifamily High Density MFR-48: Multifamily ResidentialResidential 48 [CONSOLIDATED] R-10A: Multifamily High Density
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Parks and Open Space Rural and Agricultural
Priority Preservation Area
Rural & Agricultural Area and Future Water & Sewer Service Area
Low
Residential Medium
Established Community Residential Medium-High
Residential High
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TABLE 10: SUGGESTED NEW ZONE STRUCTURE Current Zones
Suggested New Zones
Plan 2035 Classifications Generalized Strategic Growth Policy Land Use Investment Classifications Categories Classifications
Residential - Efficiency R-H: Multifamily High-Rise Residential Center Zones NC: Neighborhood Center [NEW] LTC: Local Transit Center [NEW] TC: Town Center [NEW]
Core Edge Core Edge Core Edge Core Edge Core Edge
RTC-M: Regional Transit District-Low [NEW] RTC-H: Regional Transit District-High [NEW] Nonresidential Base Zones C-O: Commercial Office C-A: Commercial Ancillary C-S-C: Commercial Shopping Center C-1: Existing Local Commercial GCO: General Commercial and C-2: Existing General Commercial Office [CONSOLIDATED] C-G: Existing General Commercial C-C: Existing Community Commercial C-W: Commercial Waterfront C-M: Commercial Miscellaneous CC: Corridor Commercial [CONSOLIDATED] C-H: Existing Highway Commercial C-R-C: Commercial Regional Center [DELETED] I-1: Light Industrial I-3: Planned Industrial/ IE: Industrial/Employment Employment [CONSOLIDATED] I-4: Limited Intensity Industrial U-L-I: Urban Light Industrial I-2: Heavy Industrial
Neighborhood Center Local Transit Center
Mixed-Use
Town Center
Mixed-Use
Downtown
Commercial and Institutional
Industrial/ Employment
Regional Transit District
Established Community
Innovation Corridor
Employment Area
Established Community
HI: Heavy Industrial
Planned Development Zones Planned Residential Zones R-M-H: Planned Mobile Home MHPD: Mobile Home Planned Community Development RPD: Residential Planned Development [NEW] 0.5 [DELETED] 1.0 [DELETED] 1.6 [DELETED] R-S: Residential Suburban Development 2.7 [DELETED] 3.6 [DELETED] R-S: Residential Medium Development 5.8 [DELETED] 8.0 [DELETED] R-U: Residential Urban Development 12.0 [DELETED] Center/Mixed Use Planned Development Zones MUPD: Mixed-Use Planned Development [NEW] LCPD: Local Center Planned Development [NEW]
Residential Medium Residential (Low, Medium, Medium-High, High)
Established Community
R-L: Residential Low Development
Mixed-Use
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Established Community Neighborhood Center
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TABLE 10: SUGGESTED NEW ZONE STRUCTURE Current Zones
Suggested New Zones
Plan 2035 Classifications Generalized Strategic Growth Policy Land Use Investment Classifications Categories Classifications Local Transit Center Town Center
CCPD: Campus Center Planned Development [NEW] RTCPD: Regional Transit District Planned Development [NEW] [DELETED] [DELETED]
V-L Village-Low V-M: Village-Medium L-A-C (N): Local Activity Center [DELETED] (Neighborhood) L-A-C (V): Local Activity Center [DELETED] (Village) L-A-C (C): Local Activity Center [DELETED] (Community) M-A-C (NC): Major Activity Center [DELETED] (New Town or Corridor City Center) M-A-C (NC): Major Activity Center [DELETED] (Major Metro Center) R-P-C: Planned Community [DELETED] M-X-T: Mixed Use – Transportation [DELETED] Oriented M-X-C: Mixed Use Community [DELETED] M-U-T-C: Mixed-Use Town Center [DELETED] M-U-I: Mixed-Use Infill [DELETED] UC-4: Corridor Node [DELETED] UC-2: Regional Urban Center [DELETED] UC-3: Community Urban Center [DELETED] UC-1: Metropolitan Urban Center [DELETED] Employment Area Planned Development Zone E-I-A: Employment & Institutional IEPD: Industrial/Employment Area Planned Development
Campus Center Mixed-Use
Downtown
Regional Transit Center
Industrial/ Employment
Innovation Corridor
Employment Area
N/A
N/A
Overlay Zones Chesapeake Bay Critical Area Overlay Zones RCO: Resource Conservation R-C-O: Resource Conservation Overlay L-D-O: Limited Development LDO: Limited Development Overlay Overlay I-D-O: Intense Development IDO: Intense Development Overlay Overlay Aviation Policy Area Overlay Zones APA-1: Runway Protection Zone APA-1: Runway Protection Zone APA-2: Inner Safety Zone APA-2: Inner Safety Zone APA-3S: Small Airport Inner Turning APA-3S: Small Airport Inner Area Turning Area APA- 3M: Medium Airport Inner APA- 3M: Medium Airport Inner Turning Area Turning Area APA-4: Outer Safety Zone APA-4: Outer Safety Zone APA-5: Sideline Safety Zone APA-5: Sideline Safety Zone APA-6: Traffic Pattern Area APA-6: Traffic Pattern Area Other Overlay Zones R-O-D Revitalization Overlay [DELETED] District A-C-O Architectural Conservation NCO: Neighborhood Overlay Conservation Overlay
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Parks and Open Space
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TABLE 10: SUGGESTED NEW ZONE STRUCTURE Current Zones T-D-O: Transit District Overlay D-D-O: Development District Overlay
Suggested New Zones
Plan 2035 Classifications Generalized Strategic Growth Policy Land Use Investment Classifications Categories Classifications
[DELETED] [DELETED]
1. Rural, Agricultural, and Open Space Base Zones As outlined in Table 10, the four current rural, agricultural, and open space zones are proposed to be carried forward with modifications to and a renaming of the current Residential-Agricultural (R-A) zone to AgriculturalResidential (AR). The current Reserved Open Space (R-O-S) and Open Space (O-S) Zones are carried forward (with simplified [T]he four current rural, agricultural, and abbreviations) because of their emphasis on the open space zones are proposed to be carried preservation of open spaces, which contribute so much to rural character and allow for the forward with modifications… conservation of woodlands and farmlands. During the project’s initial interviews and meetings, a number of stakeholders and other people noted that the County lacks a true agricultural zone that focuses on encouraging agricultural production, forestry, and the uses needed to support them. A 2006 proposal to create an Agricultural Open Space Zone with a maximum density of 1 dwelling unit per 25 acres failed due to overwhelming opposition from the farming community. The current Residential-Agricultural (R-A) Zone is unlikely to protect agricultural and forestry resources over the long run. But given that it is applied to large areas of the County and that past proposals to create more of a more restrictive agricultural zone were not supported, and given the fact that the County made a commitment to agricultural conservation by adopting a Sustainable Growth Act map that provides for a large area of Tier IV designated land, the zone should be carried forward as the Agricultural-Residential (AR) Zone69 and revised to better accommodate and encourage the continuation of agricultural and forest uses (see discussion in Section IV.B.2 of this report for how this is proposed to be done). Regulations for this zone (and perhaps to a more measured extent, the O-S Zone) should be revised to allow more agricultural and forestry support uses (e.g., crop processing and storage, veterinary services, sawmills), as well as agritourism and similar farm-related uses that help farmers afford to continue farming.
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To emphasize this zone’s primary function of implementing Plan 2035 policies calling for preservation of farm lands, we suggest the name be changed to reflect the priority of accommodating agricultural uses.
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The current Residential Estate (R-E) and Rural Residential (R-R) zones are proposed to be carried forward (with simplified abbreviations) because the allowed uses and allowed development intensities for each significantly differ from each other and from the R-A Zone to be considered for consolidation. Although the minimum lot sizes required in these two zones (40,000 and 20,000 square feet, respectively) might be considered too small to justify calling them “rural” (as opposed to “large-lot suburban”), we group them with the ROS, OS, and AR Zones because they are currently deemed rural zones.
2. Residential Base Zones The current line-up of 12 residential base zones is proposed to be reduced to six base zones through consolidation of some the current zones. The current One-Family Detached Residential (R-80), One-Family Detached Residential (R-55), and One-Family Semidetached and Two-Family Detached Residential (R-35) zones are The current line-up of 12 residential base proposed to be carried forward, primarily because they zones is proposed to be reduced to six base each serve a unique function in terms of allowed uses zones through consolidation … and/or allowed development intensities that is not similar to that of any other residential zone—thus they cannot reasonably be considered for consolidation. Because landowners in single-family neighborhoods often have strong interests in maintaining the residential zoning of their land, we generally refrain from suggesting substantial changes to single-family residential zones. We do, however, suggest revising the names and/or abbreviations of these carried forward zones to the Single-Family Residential-4.6 (SFR-4.6), Single-Family Residential-6.7 (SFR6.7), and Two-Family Residential (2FR) Zones, respectively—renaming the zones to more simply reflect their dominant allowable use and/or maximum allowable density for such use.70 We understand from County staff that three-family dwellings are very uncommon in the County, and are not likely to be proposed in the future. We therefore suggest that the current One-Family Triple-Attached Residential (R20) Zone be consolidated with the carried-forward TwoFamily Residential (2FR) Zone, perhaps with a provisions recognizing and accommodating any three-family dwellings that might exist. The Townhouse (R-T) and Multifamily Low Density Residential – Condominium (R-30C) Zones differ very little from the Multifamily Low Density Residential (R-30) Zone—the primary difference being the R-T Zone’s allowance of certain special types of townhouses. All three zones allow virtually the same uses and development 70
The numbers associated with the current R-80, R-55, R-35, and R-20 zones are misleading, for they do not reflect minimum lot area standards (as is common for residential zones in many codes). Instead, these zones are more appropriately distinguished by the range of allowable uses and/or the maximum allowable density.
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intensities, and dimensional standards only differ to a small extent. We thus suggest that the R-T, R-30C, and R-30 Zones be consolidated into a single Multifamily Residential-12 (MFR-12) Zone—using a name indicating the general predominant allowable use and the maximum allowable density for that use. Similarly, the Multifamily Medium Density Residential (R-18) and Multifamily Medium Density Residential – Condominium (R-19C) Zones allow nearly the same uses and apply the same development intensities and dimensional standards. For these reasons, we suggest these two zones be consolidated into a single Multifamily Residential-20 (MFR-20) Zone— again using a name indicating the general predominant allowable use and the maximum allowable density for that use. The Multifamily High Density Residential (R-10) and Multifamily High-Rise Residential (R-H) Zones differ very little in terms of uses allowed, and apply essentially the same intensity and dimensional standards. The Multifamily High Density Residential – Efficiency (R-10A) Zone is very similar to the R-10 and R-H Zones, primarily differing in that it allows a few more types of nonresidential use, fewer types of group housing uses, and no one-family dwellings. R-10A is also very difficult to develop and market since all of the units must be either efficiency or one-bedroom units. We recommend that the R-10, R-10A, and R-H Zones be consolidated into a single Multifamily Residential-48 (MFR-48) Zone—simplifying the name to reflect the general dominant use and indicating the maximum allowable density for that use. If the maximum allowable density of any of the above zones is revised during the drafting of the new Zoning Ordinance, the zone name and abbreviation will be revised accordingly.
3. Center Base Zones As is highlighted in the introduction to this section, the center base zones are new additions to the zone structure, and serve as one of the important tools used to implement the policy direction in Plan 2035. They provide a simpler alternative for the center development called for by Plan 2035 than the current M-A-C, L-A-C, V-M, V-LR-P-C, M-X-T, M-U-T-C, M-U-I, and UC floating zones (which require a complex, discretionary, time consuming, and uncertain, review process). The proposed center zone structure creates a series of base zones for: o
Regional Transit Districts; and
o
Local Centers, including:
[T]he center base zones are new additions to the zone structure, and serve as one of the important tools used to implement the policy direction in Plan 2035. They provide a simpler alternative for the center development called for by Plan 2035 than the current …floating zones…
Local Transit Centers;
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Neighborhood Centers; and
Town Centers.
Each is discussed in more detail below. a. Regional Transit Districts To reflect and implement Plan 2035, we suggest that the Zoning Ordinance include several new Regional Transit District Zones to accommodate the anticipated near-term full development of the first phase Downtowns of New Carrolton Metro, Largo Town Center Metro, and Prince George’s Plaza Metro areas; the second phase Downtowns of the Suitland Metro Station and Branch Avenue Metro Station; and the subsequent full development of the three other Regional Transit Districts (College Park/UM Metro/M Square Purple Line, Greenbelt Metro, and National Harbor). Plan 2035 calls for Regional Transit Districts to accommodate moderateto high-intensity development, with an average net residential density of over 40 dwelling units per acre and an average commercial floor area ratio (FAR) of over 3.0. The centers, however, will still have different characters, scales, and contexts. Consequently, we suggest that the new Zoning Ordinance include base Regional Transit District Zones with different levels of maximum densities and FARs to reflect that variability among centers and perhaps the readiness of designated centers for high-intensity, transit-supportive 71 development. Although ½ mile is considered a convenient walking distance for many people, people are much more willing to forego their automobile and walk if their destination is within ¼ mile. The success of a transitoriented district, therefore, generally depends on concentrating most of the district’s activities and destination points within ¼ mile of the transit station. Using subzones is an efficient way of both applying general transit-oriented development standards throughout the transit district and applying intensity and development standards that go a step further in promoting walkable development in the area immediately around the transit station. Therefore, we suggest that each Regional Transit District Zone consist of a core subzone and an edge subzone. The core subzone would include that area within convenient five-minute walking distance (generally ¼ mile) of the transit station or stop, but actual subzone boundaries could 71
To address situations where a designated Regional Transit District does not yet have transit service available, or lacks other infrastructure necessary to accommodate the transit-supportive development intensities, the Regional Transit District Zones could include transitional provisions that limit current development intensities but ensure current development is designed to accommodate the fully allowed intensities when transit service becomes available or the other infrastructural constraints no longer exist.
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vary to reflect obstacles to convenient walking (e.g., streams, interstate highways) or to exclude existing development incompatible with inclusion in the core (e.g., a low-density residential neighborhood). It would allow higher intensity development and a mix of uses most conducive to establishment of a pedestrian-friendly and transitsupportive urban environment (i.e., employment-generating and retail uses). The edge subzone would include the surrounding area that is still within reasonable 15-minute walking distance (generally ½-¾ mile) of the transit station or stop, and like the core subzone, its actual boundaries could vary to reflect obstacles to convenient walking or exclude existing incompatible development. It would allow more moderate development intensities and a residentially-dominated mix of uses conducive to a pedestrian-friendly environment, but be able to accommodate slightly more auto-oriented development. The edge subzone would provide a transition of uses and development intensity between the intense core subzone and surrounding established neighborhoods. Exact boundaries between core and edge subzones would be mapped through tailored evaluation of existing conditions and sensitive nearby land uses for each transit center. We suggest that there should be two base Regional Transit District Zones, each with a core subzone and an edge subzone. An example of how the two zones might be distinguished by density and FAR standards is shown in Table 11, Regional Transit District Zones.72
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Several current zones have purposes, characteristics, contexts, and/or intensity standards similar to those called for in Regional Transit Districts by Plan 2035, and are proposed to be replaced in the zone line-up by the Regional Transit District base and planned development zones. They include the Mixed Use – Transportation (M-X-T) Zone, Transit District Overlay (T-D-O) Zone, Metropolitan Urban Center (UC-1) District, Development District Overlay (D-D-O) Zone, Mixed-Use Infill (M-U-I) Zone, and Mixed-Use Town Center (M-U-TC) Zone. (Several of these current zones can be, and are, applied to areas designated by Plan 2035 as something other than a Regional Transit District (e.g., a Local Center or Employment Area). Thus they also could be deemed to be replaced by one of the new zones suggested to implement those classifications.) The M-X-T Zone is intended to promote high-intensity mixed-use development around major transportation elements, including transit stops. Allowable uses and development intensities are determined by a conceptual site plan based on an area master plan, with FARs up to 8.0 allowed in exchange of public amenities under the optional method of development. Although the M-X-T Zone relies on approved plans to establish most applicable regulations, it does include some design standards focusing on creating a sense of place and walkability—standards that could be expanded and enhanced for use in the new Regional Transit District Zones. The T-D-O Zone is specifically targeted to the areas around Metro stations and is intended to accommodate and encourage transit-supportive development. But uses and development intensities in the T-D-O Zone are limited to what the underlying zone allows. Instead of applying a T-D-O Zone to land that is located within an area designated as a Regional Transit District by Plan 2035 and allows uses and development intensities appropriate to Regional Transit Districts, such land could be zoned to one of the suggested Regional Transit District Zones. The UC-1 District contains form-based standards intended to encourage high-intensity, transit-oriented, mixed-use development that is the most intense and least auto-dependent of any in the County. Although this and the other form-based UC Districts have not yet been used in Prince George’s County, they contain a number of building placement and design standards that might be incorporated into
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TABLE 11: REGIONAL TRANSIT DISTRICT ZONES Zone
Density (Min | Max)
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FAR (Min | Max)
Base Zones Regional Transit District - Low Regional Transit District -High74
Core Edge Core Edge
20 du/ac | 50 du/ac 10 du/ac | 30 du/ac 30 du/ac | 60 du/ac 15 du/ac | 40 du/ac
1.25 | 4.0 0.75 | 2.5 2.0 | 5.0 1.0 | 3.0
Planned Development Zone Regional Transit District Planned Development
As indicated by the approved basic plan and PD agreement, subject to general standards (including core and edge area standards)
In addition to the three base zones, a Regional Transit District Planned Development Zone should be established as a floating planned development zone whose standards are established during the rezoning process, as the zone is applied to a particular development proposal on a particular site. This approach is similar to that currently used in the establishment of most Comprehensive Design and Mixed Use zones. b. Local Centers We also suggest that the Zoning Ordinance add one base zone for the following three Local Center classifications and replace comparable current zones:
Local Transit Center;
Neighborhood Center; and
Town Center.
As with the suggested Regional Transit District zones, each of these zones would consist of a more intensely developed core subzone surrounded by a less intensely development edge subzone. We suggest a Local Transit Center Zone as a base zone to provide a simpler means than the current M-X-T, T-D-O, D-D-O, and M-U-I Zones of accommodating mixed-use, transit-oriented development in areas identified as a Local Transit Center in Plan 2035. Regional Transit District Zone standards to achieve much of the character and appearance currently achieved through individualized plan reviews. Although not specifically targeted to transit areas, the D-D-O Zone is intended to implement master plans and sector plans, a number of which apply to areas around transit stations. The M-UI Zone is intended to promote mixed-use development in areas to which the T-D-O or D-D-O Zones have been applied. The MU-TC Zone is intended to promote the mixed-use, pedestrian-friendly redevelopment of older commercial areas, some of which apply to areas around transit stations. 73 The table shows minimum densities and FARs for the Regional Transit District Zones. Although such minimums theoretically ensure that the centers develop with sufficient intensity to function as a center of regional employment and activities, they can be counterproductive if not supported by the market. This will be considered as intensity standards for the Regional Transit District Zones are developed. 74 Generally, it is more helpful to ordinance users if zones are identified with short descriptive names rather than a general term and numbers. As the new Zoning Ordinance is drafted, more appropriate descriptive names for each of the Regional Transit District Zones may become evident. In the meantime, the suffixes used serve to differentiate the zones as high- and lowintensity.
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A new Neighborhood Center Zone as a base zone would provide a simpler means than the current Local Activity Center (L-A-C)-Village Zone and L-A-C-Community Zone of accommodating mixed-use centers with development intensities appropriate to Plan 2035’s description of a Neighborhood Center. Similarly, we suggest a new Town Center Zone as a base zone to provide a simpler means than the current M-A-CNew Town or Corridor City Zone, Mixed-Use Town Center (M-U-TC) Zone, and Regional Urban Center District (UC-2) of accommodating the type of center development called for by Plan 2035’s Town Center classification. A new Local Center Planned Development Zone would provide a flexible design/discretionary plan review option to the Local Transit, Neighborhood Center, and Town Center base zones. It could also accommodate neighborhood center development at lower intensities than called for by Plan 2035. As such, it could assume the role played by the current L-A-C-Neighborhood, VillageMedium, Village-Low, and UC-3 Zones. There is no current zone defined in terms comparable to Plan 2035’s Campus Center classification. The County’s four designated Campus Centers (Bowie MARC, UMD East, UMD Center, and UMD West) vary considerably in the range of uses and development intensities they contain, and thus in their character. No one base zone—or even a group of base zones—is likely to provide the flexibility needed to appropriately accommodate campus development in all campus centers. Because of this need for flexibility, as well as in recognition that areas designated as Campus Centers are more likely to be under the unified control of a college, we suggest that the new Zoning Ordinance rely on a single Campus Center Planned Development Zone to implement Plan 2035’s Campus Center classification. Such a planned development zone would provide the flexibility and basic plan review process needed to ensure complementary and closely coordinated campus development. A suggested lineup of basic development parameters for the Local Center Zones is shown in Table 12, Local Center Zones.
TABLE 12: LOCAL CENTER ZONES Zone
Density (Min | Max)
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FAR (Min | Max)
Base Zones Neighborhood Center
Core Edge
7.5 du/ac | 15 du/ac 5 du/ac | 10 du/ac
1.0 | 2.0 0.5 | 1.25
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The table shows minimum densities and FARs for the Local Center Zones. Although such minimums theoretically ensure that the centers develop with sufficient intensity to function as a center of regional employment and activities, they can be counterproductive if not supported by the market. This will be considered as intensity standards for the Local Center Zones are developed for the new Zoning Ordinance.
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TABLE 12: LOCAL CENTER ZONES Zone Local Transit Center Town Center
Density (Min | Max) Core Edge Core Edge
Planned Development Zones Local Center Planned Development Campus Center Planned Development
15 du/ac | 30 du/ac 10 du/ac | 20 du/ac 20 du/ac | 40 du/ac 10 du/ac | 25 du/ac
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FAR (Min | Max) 1.5 | 3.0 0.75 | 2.0 1.25 | 2.5 0. 5 | 1. 5
As indicated by the approved basic plan and PD agreement, subject to general standards (including core and edge area standards)
4. Nonresidential Base Zones The current line-up of 11 commercial base zones is proposed to be reduced to two commercial base zones through consolidation of most of the current zones and removal of one zone that is redundant and has not been used. The current line-up of 11 commercial base
zones is proposed to be reduced to two commercial base zones through consolidation … and removal of one zone that is redundant …
Regulations for the Existing Local Commercial (C-1), Existing General Commercial (C-2), Existing General Commercial (C-G), and Existing Community Commercial (C-C) Zones state that development in those zones is subject to the same use regulations and dimensional standards as applicable in the Commercial Shopping Center (C-S-C) Zone, and regulations for the Existing Highway Commercial (C-H) Zone state that development in that zone is subject to the same use regulations and dimensional standards as is applicable in the Commercial Miscellaneous (CM) Zone. We therefore suggest that the C-1, C-2, C-G, and C-C Zones be incorporated into a General Commercial and Office (GCO) Zone and that the C-M and C-H Zones be combined to form a single Corridor Commercial (CC) Zone. Although the Commercial Office (C-O), Ancillary Commercial (C-A), and Commercial Waterfront (C-W) Zones differ from the C-S-C Zone, they largely exist to focus on particular types of commercial uses (office, ancillary, or waterfront). Given the Plan 2035’s emphasis on mixed-use development and the relatively insignificant differences between the dimensional standards applied in these zones and those applied in the C-SC Zone, we suggest that the C-O, C-A, and C-W Zones also be incorporated into the proposed new General Commercial and Office (GCO) Zone. Finally, we suggest the Commercial Regional Center (C-R-C) Zone be eliminated, since it is largely redundant to the C-S-C Zone and has not been used. The current line-up of five industrial and employment base zones is proposed to be reduced to two industrial base zones through consolidation of most the current zones. Plan 2035 defines Employment Areas only generally in terms of their character and location. Because an Employment Area can potentially
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encompass a wide range of uses, development intensities, and contexts, it is not conducive to being directly translated into a single zone. There are several current zones, however, that could be considered as falling under this classification. The current Employment and Institutional Area (E-I-A) Zone perhaps comes closest to encompassing the full character of the classification (despite the name, it also allows The current line-up of five Industrial light industrial uses), and probably should be relied on as the and employment base zones is primary means to developing Employment Areas. To do so, proposed to be reduced to two the zone would need to be revised to incorporate additional industrial base zones â&#x20AC;Ś development standards that can adequately address the types of issues currently addressed by individualized plan review. The current Light Industrial (I-1), Planned Industrial/Employment Park (I-3), Limited Intensity Industrial (I-3), and Urban Light Industrial (U-L-I) Zones also could be used to implement Employment Area policies and strategies. We suggest that these zones be consolidated with the E-I-A Zone, and that the name of the resulting consolidated zone be simplified to the Industrial/Employment (I/E) Zone. Although industrial uses have become more and more compatible in light industrial, commercial, and even mixeduse areas, there still exist heavy industrial uses that probably can never be completely compatible with other uses and should continue to be set aside from all but other heavy industrial uses. Consequently, the I-2 Heavy Industrial Zone, which serves to accommodate such uses, is proposed to be carried forward and renamed the Heavy Industrial (HI) Zone.
5. Planned Development (Floating) Zones We recommend significant modifications to the current line-up of floating zones, primarily in an effort to implement Plan 2035 and address rewrite goals of simplification and streamlining. The first change is that all the zones are called planned developments, and a consolidated and similar review procedure requiring a plan for development as The current line-up of 26 floating part of the rezoning is proposed for all planned developments. zones is reduced to seven zones. The current line-up of 26 floating zones is reduced to seven zones. The Planned Mobile Home Community (R-M-H) Zone is unique, and proposed to be carried forward as the Mobile Home Planned Development (MHPD) Zone. The current R-L, R-S, R-M, and R-U Zones are comprehensive design zones allowing residential development in accordance with individualized plan review at the time of rezoning. The zones generally allow the same uses, though the R-S and R-M Zones do allow a few additional types of nonresidential use. Although differing density standards are established for these zones (and between the two subzones each includes), the ultimate density applicable to a development is that approved through the plan review process, subject to general criteria. The approved plan also
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establishes any applicable dimensional standards. Since the County relies so much on a discretionary plan approval process for all of these zones, we suggest these zones be replaced with a single Residential Planned Development (RPD) Zone that applies general standards and criteria sufficient to ensure approved development is consistent with Plan 2035, and accounts for the proposed development’s relationship with the environment and surrounding development, but still involves discretionary review plan approval as part of the rezoning process. The focus of the changes is on the creation of planned development options for Plan 2035’s Center classifications: the Regional Transit District Planned Development (RTDPD) Zone, the Local Center Planned Development (LCPD) Zone (to accommodate development at Neighborhood Centers, Local Transit Centers, and Town Centers), and the Campus Center Planned Development (CCPD) Zone. Each of these provides a flexible design/discretionary plan review option to a center base zone, or in the case of the Campus Center Planned Development Zone, the flexibility needed to accommodate a classification that can involve a wide range of development characters, intensities, and contexts.76 The current Local Activity Center (L-A-C), Major Activity Center (M-A-C), Village (V) Zones, Planned Community (R-P-C), Mixed Use Community (M-X-C), Mixed Use Transportation (M-X-T), Mixed Use Town Center (M-X-TC), Mixed Use Infill (M-U-I), and Urban Center (UC) Zones are intended to accommodate planned developments that include a mix of residential, commercial, and public uses—but without the focus on centers and employment uses characteristic of the various center zones and the Industrial/Employment Zone. They do all require individualized plan 76
As a possible alternative to creating planned development zones to provide a flexible option to the comparable Center base zones, we considered an approach used by Montgomery County in its mixed-use zones. For a number of its base mixed-use zones, the Montgomery County Zoning Ordinance allows a developer the choice of proposing a “standard method of development” that complies with the zone’s basic standards or an “optional method of development” that complies with a second separate set of standards allow greater development intensity and building height in exchange for provision of specified public facilities and amenities. Developments proposed to use the optional method of development require special approval of a project plan by the planning board after a public hearing. This approach seems particularly complicated and a more cumbersome alternative to the proposed use of planned development zones. The “optional method of development” approach essentially splits the zone into two subzones, each with its own set of regulations, and requires a special approval process for development in one of the subzones. Applying this approach in Prince George’s County would essentially double the number of center zones and require development of separate regulations for each zone. It also could result in two side-by-side developments within the same zone having very different characters. Although the approval process of an optional method of development would be somewhat simpler than that required of a planned development zone, development using the “optional method of development” would still be limited to prescribed standards, without the additional flexibility and discretion allowed by the proposed planned development zone approach. For these reasons, we do not recommend using the “optional method of development” approach in Prince George’s County.
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approval as part of the rezoning process. We suggest that these current floating zones be consolidated into a single Mixed-Use Planned Development (MUPD) Zone that includes very general standards, with specific standards established through the rezoning process. The new MUPD Zone would allow flexibility in development and design standards in exchange for discretionary plan review as part of the rezoning process—at least to the extent those roles are not assumed by the new Center zones. We suggest the current Employment and Institutional Zone be carried forward as an Industrial/Employment Planned Development (IEPD) Zone. It would continue to be designed to accommodate a wide range of nonresidential uses (including light industrial uses), and would provide the flexibility and discretionary plan review process that may be needed to implement Plan 2035’s Employment Area classification for particular sites or proposals.
6. Overlay Zones Finally, the current line-up of 14 overlay zones is reduced to 11 overlay zones with the elimination of the Reinvestment Overlay District (R-O-D) and several overlay zones whose role is taken over by new zones that implement Plan 2035 classifications and policies.
[T]he current line-up of 14 overlay zones is reduced to 11 overlay zones …
Because the Chesapeake Bay Critical Area Overlay Zones (three zones) and the Aviation Policy Area Overlay Zones (seven zones) derive largely from the requirements of State or federal law, they are carried forward with little change. The current Reinvestment Overlay District (R-O-D) is intended to provide a way for the County or a municipality to allow departures from regulations applicable in the underlying zone to areas in economic or physical decline and needing revitalization or redevelopment. Having an overlay zone whose sole function is to allow waivers or departures from development regulations, however, may not the best way to promote revitalization and redevelopment of an area. It would be more efficient and more effective to rezone the area to one or more of the zones designed to achieve a particular development character, and rely on new code provisions and procedures that allow adjustments of generally applicable zone regulations where needed for neighborhood redevelopment and infill (see Section V.A, Regulatory Changes to Support Desired Forms of Infill Development in Targeted Places, and Section V.B, Redevelopment and Revitalization of Commercial Corridors). We also understand from County staff that the R-O-D has been applied in only one instance, to an area now under the control of the City of College Park. We therefore suggest that the Reinvestment Overlay District be eliminated.
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Part III: Modernize, Simplify, and Consolidate Zones and Zone Regulations Section III.D Identify and Classify Uses in a Simpler and More Flexible Way
The current Architectural Conservation Overlay (ACO) Zone is proposed to be converted into a traditional Neighborhood Conservation Overlay (NCO) Zone, with a revised plan approval process (see discussion in Section IV.A.4, Neighborhood Conservation Zones, of this report). As noted above, we suggest that most of the current comprehensive design zones, planned community zones, and mixed use zones—as well as the Transit District Overlay (T-D-O) and Development District Overlay (D-D-O) Zones—be eliminated and their role in providing for design flexibility/discretionary plan review be taken over by the new Center and Employment Area planned development zones that are intended to better implement Plan 2035’s classifications.
D. IDENTIFY AND CLASSIFY USES IN A SIMPLER AND MORE FLEXIBLE WAY The permitted and special exception use regulations in a Zoning Ordinance are important because they identify the uses allowed in each zone. While the current Zoning Ordinance uses a modern approach of establishing uses through a series of summary use tables for groups of similar zones (residential, commercial, industrial, comprehensive design, planned community, mixed use), there is room for substantial improvement in how the Zoning Ordinance organizes, classifies, and displays use regulations. This was confirmed by the stakeholder interviews, Zoning Advisory Panel and focus group meetings, and Countywide Public Forums conducted following project initiation. There were more comments about problems with the use regulations than any other aspect of the current Zoning Ordinance. They included the following:
The use tables are too complex. They list too many specific uses, which has led to a policy the rule that if a use if not specifically listed, it is considered prohibited in the zone. This makes it difficult to accommodate new uses and variations of listed uses, resulting in the County’s likely loss of the use and resulting economic development opportunities and tax revenue. More flexibility should be provided by consolidating uses into fewer, broader uses.
Too many use standards are modified by use table footnotes. They are hard to understand and interpret in many instances, making it difficult to determine what standards apply to a specific use in a particular zone. And they often restrict a use to few properties in the County—sometimes just one property.
More uses need to be allowed by right; many special exception uses could be converted to by-right uses subject to use-specific standards.
District regulations identify uses that are not listed in the corresponding use table.
Many uses listed in the use tables are not defined.
Allowable uses identified in sector plans or individualized site plans do not match, or sometimes conflict with, uses allowed in applicable use tables.
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Part III: Modernize, Simplify, and Consolidate Zones and Zone Regulations Section III.D Identify and Classify Uses in a Simpler and More Flexible Way
The various use tables use different names for the same or similar use.
Some listed uses contain the suffix “or similar use,” which creates uncertainty about what the use includes.
Too many use-specific standards unnecessarily require a finding of need for the use.
Some mixed use zones have use quotas or ground-floor retail requirements that are not realistic under current and variable market conditions.
Agricultural uses are poorly defined and addressed; they need to be clarified, especially in regard to the keeping of animals.
Allowable agricultural uses should be revised and expanded to better promote agricultural activities, including supporting agricultural uses, and to promote urban agriculture.
The use regulations should allow more uses of historic structures.
In some urbanized areas, the use regulations should consider allowing additional uses in buildings that have been vacant for several years.
In some of the zones designed for walkable urbanism, it is more important to focus on building form than on controlling specific uses in the building.
To address these concerns, we suggest the following changes:
Consolidate all use tables into one or several a single summary use table(s).
Categorize all principal uses under a three-tiered classification system.
Modify use standards to increase flexibility and allow more uses by right.
Distinguish principal, accessory, and temporary uses.
Regulate building form in addition to use where appropriate.
Each of these recommended changes is discussed in more detail below.
1. Consolidate Use Tables into a Single Summary Use Table As highlighted above, the Zoning Ordinance includes some use tables for various zones We suggest that all the current use tables be and groups of zones. There are at least nine consolidated into a single or several use table(s) that use tables in the current Zoning Ordinance. sets out the full range of allowable principal uses, the This requires users to search through the zones where they are allowed, the process by which ordinance to find the use table that is they are allowed, and a cross-reference to any applicable to the zone in which they wish to applicable use-specific standards…. develop, making it difficult to determine all the zones in which a particular use is allowed. Best practice in modern codes is to use a few use tables to consolidate and present all use information succinctly and eliminate repetition and inconsistent terminology. A comprehensive use table (or a few of them) not only reduces the number of pages required to convey the same information; it allows users to quickly compare how a certain use is treated in different zones. By avoiding
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
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Part III: Modernize, Simplify, and Consolidate Zones and Zone Regulations Section III.D Identify and Classify Uses in a Simpler and More Flexible Way
repeating uses many times, good use tables eliminate the confusing situation where similar uses are listed differently in various use tables, reducing the likelihood of conflicts between tables and the text of the ordinance. This also reduces the possibility that future use-focused text amendments to the ordinance will create conflicts or will even be necessary. We suggest that all the current use tables be consolidated into a single or several use table(s) that sets out the full range of allowable principal uses, the zones where they are allowed, the process by which they are allowed, and a cross-reference to any applicable use-specific standards (see the excerpt from a principal use table from another jurisdiction below and in Appendix A: Examples of User-Friendly Code Graphics).
The use-specific standards should follow the table (for easy reference) and should be organized to match the order of uses in the use table.
2. Use a Three-Tiered System to Classify Uses The use tables in the current Zoning Ordinance list uses under the following nine general categories: o
Commercial
o
Industrial
o
Institutional/Educational
o
Miscellaneous
o
Public/Quasi Public
o
Recreational/Entertainment/Social/Cultural
o
Residential/Lodging
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Part III: Modernize, Simplify, and Consolidate Zones and Zone Regulations Section III.D Identify and Classify Uses in a Simpler and More Flexible Way
o
Resource Production/Recovery
o
Transportation/Parking/Communications/Utilities
Not all the tables use all nine categories; several omit the Industrial category and several omit the Resource Production/Recovery category—only the Commercial and Industrial categories are further divided, though not in all zones, and not always with the same name or the same uses. The regulations do not define the character and function of the use categories or subcategories. Given the imprecise nature of the current use classification system, it is not surprising to hear users say they find it difficult to find the use they are seeking. In addition, the current use tables list a large number of specific uses. A count of all uses and variations of uses listed in the use tables indicates there are over 500 principal uses, about 50 accessory uses, and a dozen temporary uses. This does not include the further variations created by the numerous footnotes to the use tables. (As a comparison, most modern codes for large, diverse counties and cities list around 100-140 principal uses.) Because of the specificity and number of uses listed in the use tables, the County has necessarily adopted a policy that a use specifically listed in one use table but not listed in another use table is prohibited in the use table where it is not listed. This means the County has little flexibility outside the discretionary rezoning processes (or text amendment process) to interpret that a use similar to an allowed use in the zone is also allowed. The current structure of the use tables needs to be simplified and made more flexible. Based on best practices, we suggest that the new Zoning Ordinance incorporate a three-tiered use classification system that adds text descriptions to clarify use groups at three different levels: o
Use Classifications (broad general classifications such as Residential, Commercial, Institutional, and Industrial)
o
Use Categories (major subgroups within Use Classifications that are based on common characteristics, such as “Group Living” and “Household Living” under the Residential classification)
o
Uses (specific uses within the Use Categories, such as “one-family detached dwellings,” “multifamily dwellings,” and “townhouse” under the Household Living category and Residential classification).
Many communities are moving to this use classification approach due to its more robust structure and flexibility. See the excerpt from a principal use table from another jurisdiction set out above and in Appendix A: Examples of User-Friendly Code Graphics. The use classification scheme in Subtitle 27A for Urban Center Districts, which uses a broader classification of uses, will also inform this effort. In addition, we suggest the new Zoning Ordinance define the use categories broadly and list specific uses only if they sufficiently differ from similar broad uses to justify allowing them in different zones, application of special use–specific standards, or treatment as a special exception (e.g., adult Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
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Part III: Modernize, Simplify, and Consolidate Zones and Zone Regulations Section III.D Identify and Classify Uses in a Simpler and More Flexible Way
book/video stores vs. other retail establishments). This allows staff more flexibility in determining whether a proposed use is allowed and reduces the number of developments that must go through a lengthy and uncertain rezoning or text amendment process just because the proposed use is not expressly listed. It will also remove some of the pressure to create substantive footnotes in the new Zoning Ordinance—a practice that creates great frustration among Prince George’s County residents, not to mention Council members, technical staff, land use attorneys, developers, and many parties potentially interested in developing land in Prince George’s County. Finally, and as discussed in Section II.F.3, Add Procedure for Interpretation of Ordinance Text, Uses, and Zone Map, of the report, we suggest that the new Zoning Ordinance include a new interpretations procedure that authorizes the Planning Director to make interpretations of whether an unlisted use is allowed under a use category even though it is not specifically listed.
3. Modernize the Use-Specific Regulations to Make Them More Efficient
One of the best ways to increase the efficiency and predictability of the Zoning Ordinance and its effectiveness in promoting preferred development is to allow more uses by right, where consistent with the community’s planning and development goals.
One of the best ways to increase the efficiency and predictability of the Zoning Ordinance and its effectiveness in promoting preferred development is to allow more uses by right, where consistent with the community’s planning and development goals. As discussed in Section II.F.4, Consolidate Special Exceptions and Special Permits, Consolidate the Review Procedure, and Simplify and Streamline Their Use, of this report, there are currently a large number of uses listed in the use tables that are allowed only as special exceptions, requiring a substantially longer and less certain review process than uses allowed by right. To make the new regulations more efficient and encourage preferred development, we will evaluate and reduce the number of special exception uses identified and required for special review where we find: o
Listing the use is not necessary because it is antiquated or irrelevant (lawn mower sales store? tourist cabin camp?);
o
Precise and measurable use-specific standards can be added that address the potential external impacts of the use in a zone, so that the use can be treated as a by-right use, subject to compliance with the supplemental or performance standards; or
o
The use is now appropriate for the zone and consistent with the County’s planning and development goals.
4. Distinguish Principal, Accessory, and Temporary Uses The current use tables do not generally distinguish principal uses, accessory uses, and temporary uses from one another. In some cases, accessory or temporary uses are identified as such in their name, but are listed with principal uses. In other cases, uses that could be a principal use or an accessory use (e.g., parking lot or garage) are not distinguished as either,
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Part III: Modernize, Simplify, and Consolidate Zones and Zone Regulations Section III.D Identify and Classify Uses in a Simpler and More Flexible Way
despite significant differences in their function and impact. The result is confusion about whether certain uses are allowed only as a principal use, allowed as either a principal or accessory use (or temporary use), or allowed only as an accessory use (or temporary use). The issue of what standards apply to such uses can also be unclear. We suggest that accessory uses/structures and temporary uses/structures each be consolidated in a use table separate from the table of principal uses. Such accessory and temporary use tables should be grouped with usespecific standards referenced in those tables. (See example on next page.)
5. Regulate Building Form in Addition to Use Where Appropriate Subtitle 27A, Urban Centers and Corridor Although no UC Districts have been established, Nodes Development and Zoning Code, and we suggest that they not be carried forward, supplement the Zoning Ordinance with a we do suggest that some of the form-based form-based code to be applied through one of four Urban Center (UC-) Districts. standards in Subtitle 27A be considered when Although Subtitle 27A includes a use table developing and revising specific standards for byspecifying allowable uses in the UC Districts, right development in many of the suggested new the listed uses are few and relatively base zones. general. They also distinguish between whether a use is allowed on the ground floor and on upper floors. The character of development in the UC Districts is instead largely defined by standards establishing the allowable form of buildings—e.g., standards defining the envelope within which the building must be placed, specifying how much a front building façade must be brought up to the adjoining street, and how much of that façade must be devoted to windows and
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Part III: Modernize, Simplify, and Consolidate Zones and Zone Regulations Section III.E Improve the Organization of Zone Regulations
doors. The UC Districts are also subject to street and streetscape standards, standards for public spaces, and architectural design standards. Although no UC Districts have been established, and we suggest that they not be carried forward, we do suggest that some of the form-based standards in Subtitle 27A be considered when developing and revising specific standards for byright development in many of the suggested new base zones. They may be particularly appropriate in the Regional Transit District, Local Transit, Neighborhood Center, and Town Center base zones as a way to ensure the pedestrian-friendly character called for by the plan. We suggest that these types of form-based standards be used in other areas to supplement the types of conventional standards currently applied by the Zoning Ordinance—i.e., as a hybrid of conventional and formbased regulations—and with less emphasis or detail regarding architectural design standards.
E. IMPROVE THE ORGANIZATION OF ZONE REGULATIONS The current 500-page layout of zone regulations takes up the bulk of the current Zoning Ordinance and is presented in a relatively cumbersome format. For each group of zones (residential, commercial, industrial, comprehensive design, planned community, mixed use), the structure starts with a section of general provisions (which vary greatly among the zone groups). The next section includes, for each zone, a purpose statement followed by special standards and references to a use table and table of intensity and dimensional standards that make up the next two sections. Both of these tables generally contain numerous footnotes that define variations to the standards in the Modern approaches to laying out other tables. A fifth section contains use–specific standards for zone regulations incorporate, for each uses allowed in the grouped zones. This lengthy format of zone, a statement of the zone’s purpose, a zone regulations, which can run to up to 140 pages for reference to the separate use table and just one group of zones, is repeated for various groupings use-specific standards, the intensity and of zones for about 500 pages of the ordinance. Multiple dimensional standards applicable in the repetitions of similar materials is the heart of the current code. As noted above, most communities today organize zone or a reference to a dimensional all allowable uses in user-friendly use tables that allow table, and extensive graphics showing lot quick comparison among zones. patterns and building types typical of the
zone, and how dimensional standards apply to …. We suggest the new Zoning Ordinance use this layout and approach …
Modern approaches to laying out other zone regulations incorporate, for each zone, a statement of the zone’s purpose, a reference to the separate use table and usespecific standards, the intensity and dimensional standards applicable in the zone or a reference to a dimensional table, and extensive graphics showing lot patterns and building types typical of the zone, and how dimensional standards apply to the principal development types allowed in the zone. This zone layout is depicted below (and in Appendix C:
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Part III: Modernize, Simplify, and Consolidate Zones and Zone Regulations Section III.E Improve the Organization of Zone Regulations
Example Zone Regulation Format). An added benefit to this efficient approach to establishing and laying out zones, is the two or three page zone regulations can copied or printed out by a user as a summary of a zone’s defining standards. Such a summary can serve as a handout for distribution to users or be incorporated into a user’s manual summarizing the County’s development regulations. We suggest the new Zoning Ordinance use this layout and approach for the zones (see graphic below).
Example of a modern approach to laying out zone regulations
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
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IV. IMPLEMENT KEY GOALS, POLICIES, AND STRATEGIES OF PLAN PRINCE GEORGE’S 2035 A. PROTECT THE CHARACTER OF STABLE NEIGHBORHOODS FROM INCOMPATIBLE DEVELOPMENT 1. Background: The Current Regulations Prince George’s County is blessed with a number of very nice and wellestablished single-family neighborhoods, both old and new. Plan 2035 notes—and the interviewees, members of the Zoning Advisory Panel and focus groups, and the public at the Countywide Public Forums concurred— that protecting, maintaining, and improving the quality and character of the County’s existing single-family neighborhoods is key to maintaining the community’s quality of life. Consequently, it should be an important goal in the rewrite. Preservation of the County’s neighborhoods over the past 20 years has not come without conflict, especially regarding development proposals at the edge of single-family neighborhoods, or in the transition areas between single-family neighborhoods and the centers and the commercial corridors. Sometimes the conflict between old and new can be especially jarring, such as when a large new office, retail, or multifamily building is erected adjacent to single-family backyards or historic buildings. The conflicts typically line up neighbors or neighborhood groups against development applicants over issues the neighbors believe would affect the character and quality of their neighborhoods—building height, mass, or design; site lay-out; parking or parking location; lighting; land uses, and expected (or feared) volumes of traffic. These conflicts have, in part, encouraged the emergence of some neighborhood organizations in Prince George’s County that today are monitors and active participants in the public review of development proposals. Based on our review of the current Zoning Ordinance, and comments made during the interviews and Countywide Public Forums, it appears that the degree of concern over the issues of neighborhood compatibility is fueled by two specific components of the current Zoning Ordinance. o
One is the current framework within which neighborhood compatibility issues are considered—during reviews of:
A comprehensive design zone or mixed use zone rezoning, which involves review of a plan for development;
A special exception; and
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Part IV: Implement Key Goals, Policies, and Strategies of Plan Prince George’s 2035 Section IV.A Protect the Character of Stable Neighborhoods from Incompatible Development
In some instances conceptual site plan or subdivision preliminary plans.
In all instances, the review processes involve public hearings (located in Upper Marlboro, which for many citizens is difficult to get to), negotiation, and uncertainty about how neighborhood protection issues will be resolved, in part because there is no benchmark, or minimum standards to ensure neighborhood protection. Additionally, in some instances, the procedures do not sufficiently provide for adequate notification of pending development applications, meaning affected land owners may not find out about a proposed development until most negotiations are complete, at which time compromise is more difficult to achieve. o
Based on best practices nationally, we suggest three specific tools be added to the Zoning Ordinance that address these concerns: neighborhood compatibility standards, mandatory neighborhood meetings …., and a framework for application of a Neighborhood Conservation Overlay Zone.
The second and equally important component is that there are few measurable and predictable minimum standards in the Zoning Ordinance to ensure development located adjacent to single-family neighborhoods is compatible with the character of the neighborhood. The result is that the County’s review of development proposals in these edge/transition areas can be time-consuming, controversial, and frustrating to developer applicant and the neighbors alike.
Some citizens expressed their frustration over current Zoning Ordinance procedures that require citizens to spend significant time dealing with neighborhood protection issues, and then to repeat that process each time an individual development proposal is considered. Based on best practices nationally, we suggest three specific tools be added to the Zoning Ordinance that address these concerns: neighborhood compatibility standards, mandatory neighborhood meetings for specified development proposals that are discretionary in nature and require public hearings (e.g., zone map amendments, planned developments, special exceptions of a certain size, preliminary plans for major subdivisions, and major site plans of a certain size), and a framework for application of a Neighborhood Conservation Overlay Zone.
2. Neighborhood Compatibility Standards Used by a wide range of communities across the nation, neighborhood compatibility standards are intended to protect the character of established single-family neighborhoods. If included in the new Zoning Ordinance, they typically apply to any new nonresidential development (e.g., commercial, light industrial, or offices), mixed-use development, and multifamily development above a certain size that is adjacent to, across the street from, or within a certain distance from single-family residential development or a single-family residential zone. The table below includes a sampling of the types of neighborhood compatibility standards that the County should consider including in the new Zoning Ordinance.
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Part IV: Implement Key Goals, Policies, and Strategies of Plan Prince George’s 2035 Section IV.A Protect the Character of Stable Neighborhoods from Incompatible Development
TABLE 13: POTENTIAL NEIGHBORHOOD COMPATIBILITY STANDARDS
Site Layout
Building Façade Standards
Building Dimension Standards
Site Design Standards
Parking and Driveway Area Standards
Loading and Refuse Storage Area Standards
Lighting Standards Signage Standards Open Space Set-Aside Standards
Operational Standards
Require structures to maintain consistent façade directions and building orientations as existing homes along the same block face. Require the primary entrance of a new building or renovated structures with construction affecting the primary entrance to face the street from which the building obtains its street address or mailing address. Require that driveways maintain a maximum width of __ feet or less between the driveway apron and the front façade plane of the building. In the event the existing driveway is to be retained, then it may not be widened except to obtain a width of 12 feet. Require construction of a similar roof type as single-family development in terms of slope and arrangement to prevent abrupt changes in roof form Orient porches, balconies, outdoor space, and other site attributes such as vending machines associated with multifamily and nonresidential development away from adjacent single-family residential development Use similarly sized and patterned architectural features such as windows, doors, awnings, arcades, pilasters, cornices, wall offsets, building materials, and other building articulations as that included on adjacent single-family development Require that no building be higher than ___ feet within 100 feet of a single-family lot or zone, and that buildings over __ feet in height be stepped back in height, so that the tallest part of the structure is the furthest from the single-family residential area Require massing standards for building facades visible from a public street that require articulation of the façade in the form of projections or recesses with a minimum depth of 12 inches located so that no single wall plane extends for more than 12 linear feet without some form of projection or recess. Covered porches, building wings, bay windows, pilasters, masonry chimneys, and cantilevered bump-outs would meet these requirements. Require when dealing with multi-building development on one or more lots, a continuum be established of use intensity where uses of moderate intensity are sited between highintensity uses and low-intensity uses (e.g., office uses between retail and detached residential), as they relate to adjacent single-family development Require parking spaces be oriented away from (or parallel to) single-family residences so that headlights do not project directly into yards Require a fully-opaque vegetated buffer or fence, or a comparable buffer between singlefamily residences and non-residential and multifamily lots Limit the width of driveways to parking areas to 24 feet (two lanes) or 12 feet in width (one lane) except those with turn lanes, to maintain pedestrian comfort and calm the speed of entering traffic Require parking structure facades adjacent to single-family residences receive enhanced design treatment to soften their visual impact Require loading and refuse storage areas be located beyond a certain distance from singlefamily development Require loading and refuse storage areas be located away from and screened from view of single-family development and zones using materials that are the same as, or of equal quality to, the materials used for the principal building, which are compatible with the materials used for single-family development Require loading and refuse storage areas be incorporated into the overall design of the building and landscaped so that their visual and acoustic impacts are fully contained and out of view from adjacent single-family development Reduce foot-candle values by 1/3 at lot lines and require full cut-off fixtures Limit the sign area and maximum height of all signs in transition areas by 25 percent of that normally allowed When open space is required, locate it in the transition area between the nonresidential, mixed-use, or multi-family development and the single-family area, unless there is a compelling reason for it to be located elsewhere on the site Locate outdoor dining a minimum distance from the property line adjacent to single-family development (e.g., 100 feet). Curtail outdoor dining or other activities after 9:00 PM on weeknights and 11:00 PM on weekends Limit trash collection or other service functions to only between the hours of 7:00 AM and 7:00 PM Require amplified music, singing, or other forms of noise audible at the property line be extinguished (including noise from the typical production process associated with the use) after 9:00 PM Sunday through Thursday nights and 11 PM Friday and Saturday nights
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Part IV: Implement Key Goals, Policies, and Strategies of Plan Prince George’s 2035 Section IV.A Protect the Character of Stable Neighborhoods from Incompatible Development
3. Mandatory Neighborhood Meetings As is discussed in greater detail in II.F.1.a, Neighborhood Meeting, of this report, even though it is not currently part of the County development review process, neighborhood meetings are used by an increasing number of local governments throughout the country to provide a framework for a development applicant to get together on a more informal basis with neighbors/land owners surrounding a proposed development to (1) educate the neighbors about the project, (2) hear neighbor concerns, and (3) hopefully resolve these concerns in an informal setting, before the public review and public hearing process begins. Experience shows this has been and can be a helpful process in resolving neighborhood compatibility issues. At a minimum, it provides neighbors early information about a development proposal that might affect their neighborhoods. We recommend the County consider requiring a pre-submission neighborhood meeting for certain types of applications that are more discretionary in nature and involve public hearings, and establish procedures for how the neighborhood meeting is conducted. If a neighborhood meeting requirement is included in the regulations, we suggest it be required for the following types of applications: o Zone map amendments; o Planned developments—with basic plans; o Special exceptions with over 50 residential units and/or 25,000 square feet of nonresidential development; o Preliminary plans for major subdivisions; and o
Major site plans.
4. Neighborhood Conservation Zones Another regulatory tool many local governments use is Neighborhood Conservation Overlay (NCO) zones.77 They are primarily used to ensure the desired character of a neighborhood is protected and can be an appropriate tool in both stable traditional neighborhoods and at risk neighborhoods to improve, re-build, preserve, and protect desired neighborhood character. Typically, a framework for the establishment of an NCO zone is included in a Zoning Ordinance so that the community can tailor and adopt individual NCO zone standards for different neighborhoods. NCO zones are similar to, but distinct from, traditional historic districts. Whereas the primary purpose of a historic district is to protect the historic 77
The current Architectural Conservation Overlay (A-C-O) zone is somewhat similar to an NCO District in its purpose and means of establishment. However, it applies relatively detailed design standards and requires review by an Architectural Conservation Design Review Committee and the Planning Board for most new development or renovation—aspects that make it a less appropriate tool than a NCO zone in protecting neighborhoods whose character is defined by factors other than architectural character. Instead of building on the A-C-O Zone, we suggest establishing a new NCO Zone.
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Part IV: Implement Key Goals, Policies, and Strategies of Plan Prince George’s 2035 Section IV.B Support Preservation and Protection of Rural and Agricultural Lands
integrity of an area (usually by preventing or discouraging demolition and requiring appropriate renovation or highly compatible new construction), NCO zones are more flexible and are based on a pre-approved area or neighborhood plan. NCO standards typically require infill and redevelopment to comply with additional modest development standards within the base zone to protect neighborhood character. The standards might address such issues as: o
Building height;
o
Setbacks;
o
Roof pitch;
o
Garage location and setbacks;
o
Front porches;
o
Driveway access;
o
Street trees; and
o
Landscaping.
Typically, only a handful of character-defining features are regulated. Detailed architectural design standards, like those found in most historic districts (or the current A-C-O Zone), are not included. Development applications in an NCO zone are administratively reviewed for consistency with the applicable NCO zone standards, which usually results in less-time consuming project reviews than in an A-C-O Zone or historic district.
B. SUPPORT PRESERVATION AND PROTECTION OF RURAL AND AGRICULTURAL LANDS Policies in Plan Prince George’s 2035 call for directing future growth and development within the Growth Boundary and outside Rural and Agricultural Areas and conserving agricultural and forest resources in Rural and Agricultural Areas. Related plan strategies call for the County to:
Continue implementing the Priority Preservation Area Plan.
Amend the Zoning Ordinance and Subdivision Regulations to support agricultural production and forest preservation in the Rural and Agricultural Areas.
Evaluate the impacts of extractive industries on resource lands and rural character in the Rural and Agricultural Areas, and update and revise development standards to address those impacts and post-reclamation land uses.
Evaluate a County Transfer of Development Rights (TDR) program, density exchanges, or Purchase of Development Rights (PDR) program to preserve environmentally sensitive land in Rural and Agricultural Areas.
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Part IV: Implement Key Goals, Policies, and Strategies of Plan Prince George’s 2035 Section IV.B Support Preservation and Protection of Rural and Agricultural Lands
The Priority Preservation Area Plan largely focuses on non-regulatory preservation policies and strategies. Those include participating in State agricultural preservation programs—such as the Maryland Agricultural Land Preservation Foundation (MALPF), the Purchase of Development Rights (PDR) Program, the Historic Agricultural Resource Preservation Program (HARPP), the Rural Legacy Program, and Program Open Space (POS)—as well as the Maryland Environmental Trust (MET) and a number of area land trusts. In terms of regulations, the PPA Plan recognizes the To help meet the policies and strategies in Plan importance of the County’s Woodland and Wildlife Habitat Conservation Ordinance, which enforces 2035 and the PPR Plan, we suggest the following the State Forest Conservation Act by requiring changes to the Zoning Ordinance and Subdivision affected development proposals to prepare a Tree Regulations: Conservation Plan (TCP) to conserve a prescribed Refine the conservation Subdivision percentage of existing woodland (depending on Regulations and process. the zoning of the site) or provide for off-site woodland conservation. The PPA Plan also Broaden the range of agricultural support supports continued use of conservation uses. subdivisions as a means to preserve agricultural land while allowing residential development, Add farmland compatibility standards to suggesting that conservation Subdivision protect farms from encroaching residential Regulations be evaluated to determine whether it subdivision development and complement would be feasible to increase the amount of “right to farm” laws. conserved land without changing allowable density. To help meet the policies and strategies in Plan 2035 and the PPR Plan, we suggest the following changes to the Zoning Ordinance and Subdivision Regulations:
Refine the conservation Subdivision Regulations and process.
Broaden the range of agricultural support uses.
Enhance farmland compatibility standards to protect farms from encroaching subdivision development and complement “right to farm” laws.
1. Refine the Conservation Subdivision Regulations and Process A number of communities today use conservation subdivisions in an effort to maintain and protect rural character and preserve agricultural and forest lands and other natural resources. A conservation subdivision is a form of residential subdivision that allows reduced lot sizes in exchange for the provision of increased open space that may be used to conserve farmland, woodland, sensitive natural features, scenic and historic landscapes, vistas, and unique features of the site. The County’s current Subdivision Regulations expressly authorize conservation subdivisions as an option for subdivision design in the Open Space (O-S), Residential-Agricultural (R-A), Residential-Estate (R-E), and Rural Residential (R-R) zones, and requires all but small subdivisions proposed in the Rural Tier (as designated in the 2002 General Plan) to be a
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conservation subdivision. Minimum open space requirements for conservation subdivisions vary with the zone: 60 percent of the tract area in the O-S zone; 50 percent in the R-A zone; and 40 percent in the R-E and R-R zones. The Zoning Ordinance reduces lot sizes in conservation subdivisions to 40,000 square feet in the O-S zone, 30,000 square feet in the R-A zone, 20,000 square feet in the R-E zone, and 10,000 square feet in the R-R zone— though maximum densities still apply. Lot coverage and yard depth standards are also reduced. Current conservation Subdivision Regulations: o
Rely on the sketch plan to establish priority uses for the required open space (which may include agriculture).
o
Require the connection of open space parcels (on- and offsite) where practical.
o
Require retention of farm structures, when possible.
o
Require subdivision layout to maximize preservation of wooded areas and minimize potential adverse impacts on existing farm operations.
o
Require use of Low Impact Development (LID) techniques to manage stormwater.
The current conservation Subdivision Regulations also allow “Public Benefit Conservation Subdivisions” in the RR zone. These are conservation subdivisions that prioritize conservation of important site features such as open space networks and woodland habitats adjacent to other open space tracts, apparently in exchange for the allowance of a limited amount of townhouse, one-family semi-detached, and one-family metropolitan dwelling development. According to “A Citizen’s Handbook,” they are intended to provide more flexibility in lot layouts for subdivisions in the Developing Tier. In general, the County’s current conservation subdivision standards represent a good approach—but one that needs to be revised to reflect the new classifications in Plan Prince George’s 2035 and that could be strengthened to better preserve agricultural activities through more tailored standards. Plan 2035 uses Agricultural and Rural Areas instead of the Rural Tier to designate areas that are outside the public water and sewer envelope. . Conservation subdivisions should be mandatory in in Rural and Agricultural Areas and properties zoned OS and AR countywide. Current conservation Subdivision Regulations do little to prioritize preferred uses of required open space. To better use this tool for the conservation of farmland and woodlands and the continuation of agricultural and silvicultural activities, we suggest revising the conservation Subdivision Regulations to set forth priorities for required open space, or at least
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guidelines for prioritizing open space—and that conservation of productive farmland and woodland be among the highest priorities. Table 14: Suggested Conservation Subdivision Changes, sets out suggested revisions for conservation subdivision in the new Subdivision Regulations and Zoning Ordinance to better address agricultural conservation.
TABLE 14: SUGGESTED CONSERVATION SUBDIVISION CHANGES Zone/Plan Classification
Applicability
Open Space (OS) and AgriculturalResidential (AR) zones Rural-Estate(RE) and Rural-Residential (RR) zones in Rural and Agricultural Areas
Mandatory (for all subdivisions over 7 lots)
Rural-Estate(RE) and Rural-Residential (RR) zones outside Rural and Agricultural Areas
Voluntary
Basic Standards Minimum open space percentage: retain at 60% for OS zones, 50% for AR zones, and 40% for RE and RR zones; allow a range of density bonuses for additional open space, possibly for amount of open space in active agricultural use Open space use: establish priorities or prioritization guidelines, with a focus on preservation of agricultural lands, woodlands, and viewsheds; allow agricultural and silvicultural activities in open space; discourage or prohibit competing active recreational activities Use a single set of minimum lot size, lot coverage, and yard depth standards consistent with septic system use; add transitional standards where lots abut residential zones with greater minimum lot sizes Minimum open space percentage: retain 40% for RE and RR zones; allow a range of density bonuses for additional open space Open space use: establish priorities or prioritization guidelines, with a focus on preservation of woodlands, environmentally-sensitive areas, recreation lands, or viewsheds; encourage active recreational activities and passive recreational activities where these activities would not require disturbance or impacts to protected areas Use a single set of minimum lot size, lot coverage, and yard depth standards consistent with septic system use; add transitional standards where lots abut residential zones with greater minimum lot sizes
2. Broaden the Range of Agricultural Support Uses To preserve agricultural activities, it is not sufficient to just allow basic agricultural uses (e.g., plant cultivation, raising livestock, keeping horses). For farms to be economically viable, they must have easy access to agricultural support uses (e.g., sales, rental, and repair of farm machinery, feed and farm supply centers, grain storage facilities, veterinary service). They also must have the flexibility to incorporate new or additional types of farming and farm-related or even incidental activities that allow farmers to adapt to changing markets and earn extra revenue and remain in operation. Such uses include equestrian facilities, wineries, farm-emersion-experience venues where visitors can “work” on the farm, pick-yourown establishments, and value-added activities where farm products are further modified into commodities and sold at retail on site, like soap, ice cream, and clothing. They also include agritourism uses such as corn mazes, harvest festivals, hayrides, farm tours, agricultural education, corporate retreats, weddings, etc. The current Zoning Ordinance does a good job recognizing most of the agricultural support, agritourism, and related uses noted above. But many are either prohibited or allowed only as a special exception in the zones intended to promote or accommodate agricultural uses (the Open Space (OS) and Residential-Agricultural (A-R) Zones, and to a lesser extent, the Residential Estate (R-E) and Rural Residential (R-R) Zones). For example,
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farm implement sales or repair is allowed only in the R-A Zone, and only as a special exception, requiring a special development review process. And riding stables are only allowed in any of these zones as a special exception. Where agriculture supportive uses are currently treated as special exceptions, we suggest the County consider allowing them by right, subject to use-specific standards addressing potential adverse impacts on neighbors. Where these types of uses are currently prohibited we suggest the County consider allowing them as special exceptions or perhaps even by right with specific standards. Another option is to rezone specific properties to allow these types of uses by right in a strategic manner so that adjacent property owners have the opportunity to comment on the proposed allowable uses.
3. Add Farmland Compatibility Standards Section IV.A.2, Neighborhood Compatibility Standards, suggests the addition of new transitional standards to ensure that commercial and multifamily development proposed adjacent to single-family development is designed and arranged so it is compatible with the single family development. We suggest a similar strategy for addressing compatibility issues between existing agricultural or resourcebased land uses and new residential subdivisions located next to farm activities. Example standards that could be included in the new Zoning Ordinance might require such residential developments in Agriculture zones to: o
Provide a 100-foot-wide buffer of canopy and understory trees along all lot lines abutting or across the street from an existing farm use.
o
Configure residential lots so that the largest lots abut the vegetated buffer, and are sufficiently large to allow for a harmonious transition.
o
Locate residential lots upwind of the agricultural use, wherever possible.
o
Provide fences along the boundary with the agricultural use that are designed to prevent access (both human and animal) between the farm and adjacent residential development.
C. SUPPORT AND ENCOURAGE SUSTAINABLE/GREEN BUILDING PRACTICES In spite of its length, complexity, and variety overlapping tools that it contains, the current Prince Georgeâ&#x20AC;&#x2122;s County Zoning Ordinance is notable for some of the tools that it does not contain. One of the most notable omissions is the lack of any serious standards or incentives for green development or the procedures needed to implement them. Green development involves much more than the design of individual buildings. In fact, by the time specific buildings are being
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designed, many opportunities to improve energy conservation (e.g., through ground-mounted solar facilities) or stormwater management (e.g. through Low Impact Development or Environmental Site Design) or to reduce Vehicle Miles Traveled (e.g. via better through-connectivity) through better site design will have been lost unless tools to promote those results are included in the Zoning Ordinance and Subdivision Regulations. Not only can green development tools reduce the cost of development—both initially and in the longer run—but they can help achieve significant goals, policies, and strategies in Plan 2035.
Plan 2035 policies call for implementation of green building techniques and green neighborhood design to reduce energy usage, improve air quality, reduce heat island, and reduce negative impacts from stormwater and increase opportunities for reuse and recycling of construction materials and reduce construction waste. Plan 2035 goes on to call for revisions to the Zoning Ordinance and Subdivision Regulations to require green building features consistent with its policies and strategies….
Plan 2035 policies call for implementation of green building techniques and green neighborhood design to reduce energy usage, improve air quality, reduce heat island, and reduce negative impacts from stormwater and increase opportunities for reuse and recycling of construction materials and reduce construction waste. Plan 2035 goes on to call for revisions to the Zoning Ordinance and Subdivision Regulations to require green building features consistent with its policies and strategies, noting that such features will help to implement and fulfill the requirements of the Watershed Implementation Plan (WIP) and Climate Action Plan (CAP). Just as importantly, the inclusion of green development tools would build citizen support for the County’s regulatory system and reinforce their perception that the Zoning Ordinance reflects their values on a topic that is important both locally and globally.
The current Zoning Ordinance treatment of this important topic is limited to the following:
Chapters 27-491, 496, 505, 509, 513 and 514 of the Zoning Ordinance list the inclusion of solar energy features as a public benefit feature that can be used to gain density increments (but not as a development requirement) in the M-A-C, L-A-C, R-U, R-M, R-S, and R-L zones, both for general development and for mixed retirement development.
Wind energy systems and Wind Energy Conversions Systems (WECs) are not mentioned at all.
Geothermal energy systems are not mentioned at all.
Water conservation is not mentioned by name, although some of the landscaping and storm water regulations may have the effect of reducing water consumption.
Low Impact Development—i.e., the use of natural site features rather than pipes and culverts to treat and convey stormwater—is mentioned only in the purpose statement and then in a vague requirement (without objective standards) in Section 27-532.04 Planned Environmental Preservation Community.
Environmental site design is mentioned only twice—both in Subtitle 27A.
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Green infrastructure is mentioned only once in the definition of another term.
Leadership in Energy and Environmental Design (LEED) is mentioned only once as an optional submittal (not a requirement) for a Permit Site Plan and once in the purpose statement in Chapter 27A. Alternative rating systems are also not mentioned.
Recycling is mentioned only three times, all in definitions of other terms or land uses, and never in standards or incentives for development.
This cursory treatment—none of which involves objective standards or requirements for development, and only one of which involves an incentive—is a far cry from the emphasis on green development called for in Plan Prince George’s 2035. The Zoning Ordinance and Subdivision Regulations rewrite needs to not only reflect this important Plan 2035 goal, but to make Prince George’s County a leader in encouraging and requiring green development in efficient and predictable ways. Throughout our interviews with stakeholders and developers, in the Zoning Advisory Panel and focus group meetings, and at the Countywide Public Forums we heard a strong consensus to incorporate green building practices in the rewritten regulations. We also heard strong requests for predictable and objective development standards that would encourage Plan 2035 outcomes without the need for time-consuming procedures or hearings. Green development is one area where this can be done. In over two decades of practice, we have learned several important lessons about how to promote green development in land use regulations. These key lessons are summarized below:
First, include the tools for green development in the Zoning Ordinance and Subdivision Regulations. This means explicitly defining key terms like wind, geothermal, and solar energy systems, Environmental Site Design, natural stormwater infrastructure, connectivity, drip irrigation systems, bioswales, rain gardens, rain barrels, electric vehicle charging stations, alternative fuel filling stations, and recycling collection, transfer, treatment, and disposal facilities in the Ordinance.
Second, remove barriers to market driven innovations in these areas. Explicitly address where on residential, mixed-use, industrial, and raw land sites solar, geothermal, and wind energy systems may be installed – both as accessories to another primary use of the land, and as primary uses of the land. Do not require variances or approvals for installing smaller and accessory devices, and remove the requirements for building permits for those devices where possible. For larger and primary devices, establish objective standards and allow by right development subject to those standards wherever possible. Ensure that site design and landscaping standards do not prohibit bioswales, rain gardens, and other tools of Low Impact Development, but instead allow them to be counted towards required open space set-asides and landscaped areas.
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Third, create meaningful incentives for those features that are most expensive and hardest to achieve. Resist the temptation to write an incentive for each desired site feature, because most of them will be ignored. Resist the temptation to give token incentives that do not begin to offset the added cost of installing the facility just to say that the Ordinance includes an incentive. Development incentives must be designed strategically to achieve the major Plan Prince George’s 2035 goals that need them, and must be balanced with incentives needed to achieve other important plan goals (e.g. diverse and affordable housing options, walkable urbanism, and rural land preservation). There are market driven cost and operating incentives that can encourage installation of smaller site features without additional Ordinance incentives.
Fourth, write reasonable, objective, and enforceable standards for the green development features that can be included at low or moderate cost during early phases of site or building design. There are a variety of energy conserving, water conserving, Low Impact Development, and resource recycling features that can be included at low cost (with rapid repayment of those costs), where the additional cost is easily offset by the savings in time and expense by avoiding a variance procedure. These are the “tipping point” issues – areas where efficient market driven solutions are easily available, and the role of the Zoning Ordinance and Subdivision Regulations is to strongly encourage their use through reasonable standards and procedural efficiencies.
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Finally, be sure to coordinate the Zoning Ordinance and Subdivision Regulations standards and incentives with related provisions of the building, energy and plumbing codes. Generally, if the topic is adequately addressed in other codes (e.g. incentives or allowances for building mounted solar collectors), they should not be repeated in the Zoning Ordinance, because repetition often leads to inconsistencies over time. On the other hand, site design features (e.g. ground mounted solar collectors or bioswales) can and should be addressed in the Zoning Ordinance with little worry that those provisions will become inconsistent with other code provisions over time.
We recommend that the new Zoning Ordinance define terms, remove barriers, and adopt reasonable regulations following the principles above, for the following types of green building practices:
Alternative energy systems that would include but not be limited to solar energy systems, solar collectors, solar arrays, wind energy conversion systems (WECs), other wind energy systems, geothermal systems, electric vehicle charging stations, and alternative fuel filling stations;
Energy conservation techniques and devices, including but not limited to green roofs, roof gardens, and cool roofs.
Water conservation techniques and devices, including but not limited to xeriscape, drip irrigation systems, bioswales, rain gardens, rain barrels, and water cisterns;
Low Impact Development/Environmental Site Design standards for stormwater management;
Conservation of green infrastructure, including but not limited to tree protection, the provision of open space-set-asides, the protection of wetlands, rivers, streams, and other riparian areas; and the protection of and building practices in floodplains.
Urban agriculture activities, including but not limited to community gardens, produce stands, farmers markets, and the vegetable gardens and the raising of a limited number of animals (like chickens, ducks, and rabbits) in specified residential zones;
Compact, walkable urbanism that supports market driven and higher development densities with a mixes of uses in key centers and investment areas, together with requirements for high pedestrian and bicycle connectivity and a strong focus on the quality of the streetscape.
Housing diversity and affordability by increasing the housing options available to residents in close proximity to services, by right or subject to use specific standards, to address 21st century housing needs. These types of housing might include small-scale form of attached dwellings (duplexes, triplexes, quadplexes, mansion apartments, courtyard apartments, accessory dwelling units, senior housing, ECHO housing, and micro-units)
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that not only promote affordability but limit the impact of new development on the land.
Recycling collection, transfer, treatment, and disposal facilities.
This will require changes to at least the following sections of the Zoning Ordinance and Subdivision Regulations:
Definitions
Permitted uses—to better address renewable energy facilities, various recycling facilities as primary uses of land, urban agriculture, and housing options;
Use-specific standards—to better establish where on a site accessory renewable energy facilities or WECS (small and large scale) can be located;
Dimensional standards— to establish maximum heights and setbacks of renewable energy and low impact development features;
Parking standards—to accommodate electric vehicle charging stations and improved van and carpool provisions;
Landscaping and buffering standards—to make the use of low impact development techniques at least as easy - if not easier - to approve as part of an integrated landscaping and open space plan for the site;
Open space set-aside standards—to increase the open space set-aside requirements for the protection of green infrastructure, and provide credits to protect green infrastructure in locations emphasized by the 2005 Green Infrastructure Functional Master Plan and Plan 2035); and
Tree protection standards (currently addressed in Subtitle 25, division 2)— to increase the protection of tree canopy and practices during construction on a site.
We also recommend that the new Prince George’s County Zoning Ordinance include meaningful incentives for these or similar types of green building practices: construction of high-rated buildings under LEED or an equivalent rating system, or compliance with specific standards from an environmental rating system (e.g., Sustainable Sites) that are included in the new Zoning Ordinance. Finally, we recommend the new Zoning Ordinance and Subdivision Regulations standards and incentives be coordinated with related provisions of the building, energy and plumbing codes, to ensure there are no conflicts, and that the provisions of each document support each other.
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V. MODERNIZE THE REGULATIONS AND INCORPORATE BEST PRACTICES Aside from Zoning Ordinance changes needed to simplify its operation and reflect the new vision and direction of Plan 2035, many changes are needed simply because the County’s existing land use tools are outdated – either in approach, terminology, standards, or applicability. In addition, our national exposure to how other large, diverse communities address land use challenges has given us experience with best practices that can improve the effectiveness and efficiency of Prince George’s County’s current regulatory system.
A. REGULATORY CHANGES TO SUPPORT DESIRED FORMS OF INFILL DEVELOPMENT IN TARGETED PLACES Because Prince George’s County is a very big place geographically (499 square miles) and has historically had much vacant land to develop, it is not surprising that the current Zoning Ordinance and Subdivision Regulations do not focus on infill development and redevelopment. Over the past decades, that natural tendency to focus on “greenfield” development has been supported by several factors:
First, a variety of federal and state programs that subsidized new road construction made it easier to approve borrowing for new land development (and the purchase of houses in those developments) than on infill and redevelopment sites.78 Some, but not all, of those incentives have now been weakened or removed (for example, federal transportation incentives not to add new lane miles to existing roadways if other approaches could lead to equal improvements in mobility). However, those changes to the subsidy and incentive structures at the state and federal level are not reflected in the current Zoning Ordinance or Subdivision Regulations.
Second, over the past 40 years, lending for “greenfield” development has often been somewhat formulaic. Market studies and lending practices evolved to a point where the financial success of specific types of development (e.g. convenience store anchored shopettes or townhouse style homes) could be accurately predicted based on site location and surrounding income levels. Because lending for these types of development was more predictable, it carried a lower interest rate, and developers seeking to reduce risks were drawn to those types of development. In contrast, infill development is usually very site specific, the development patterns and income profiles of the surrounding areas are
78
These included the construction of the Interstate Highway system, federal gas tax revenues available for use on road network expansions more easily than on transit development for many decades, and federally insured home loans keyed to FHA standards developed for greenfield areas.
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more varied, and the analysis of market success and lending risk is more difficult. Because of the added time and expense required to design a successful project, and then to convince lenders that the analysis was sound, interest rates were higher and participating developers fewer.
Third, infill development sites, many times (but not always, as is the case with some sites in the County), are “passed over” sites – usually for a reason.79 Otherwise, an efficient market would have already developed the site. As a result, the “passed over” infill sites are often more expensive to develop than nearby lands, which makes the economics of development more difficult and reduces the number of developers willing to take on the challenge.
Fourth, infill sites by definition have neighbors, and neighbors often object to change. Whereas a “greenfield” site subdivision approval may face little opposition -- either because there are few neighbors or those neighbors are themselves interested in subdividing their land in the future – the areas surrounding an infill site often form a rich mine of Not In My Back Yard (NIMBY) objectors to development. Instead of seeing an opportunity to increase the efficiency of the area development pattern and road, water, and sewer systems, neighbors see an erosion of the open character of the area (even if it was private open space to which they did not have access). Because of general opposition to change, it is often more difficult to obtain development approval for infill sites.
Finally, societal focus on infill sites is relatively recent. As the costs of sprawl to taxpayers has gained more visibility, sensitivity to practices that generate greenhouse gases has increased, and desire for the diversity and vibrancy of walkable urbanism has grown, the value of infill sites to achieve plan goals has gained currency. This is certainly the case in Plan 2035, which calls for promoting infill to reduce pressures on undeveloped land and conserve forest and agricultural resources, improve water and air quality, and reduce our reliance on vehicular transportation. But that change of focus is too recent to have been reflected in the current Zoning Ordinance and Subdivision Regulations. The exception is Subtitle 27A, which attempts to address this issue, but that includes very strict technical requirements that may have created as many barriers to infill as it removed.
79
For example, either access is poor, drainage is poor, the site is of irregular size or shape or topography, tying into existing water and sewer systems requires expensive additional features (e.g. pump or lift stations), or sensitive open lands are located on the site. The exceptions to these site specific factors are personal factors – e.g. the current owner did not want to sell a perfectly developable site – but those cases are the minority.
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The new Prince George’s County Zoning Ordinance and Subdivision Regulations need to dramatically reverse this situation, and to make infill development the preferred and easier form of development—at least in the Centers (Regional Transit District Zones (especially those also designated as Downtowns)), Local Center Zones (Local Transit Center Zones, Neighborhood Center Zones, Town If the Plan 2035 goal is to reinforce the character of the Center Zones), Local Center and Campus area (i.e. in Established Neighborhoods), fitting in means Center Planned Development Zones, that the new structures do not overwhelm or overshadow Industrial/Employment Zones (especially their neighbors in size or scale or visual character. That those in the Innovation Corridor), and often involves reflecting the character of the surrounding other areas “inside the beltway.” While area in objective development standards—which takes infill development in other areas is also time and effort and differs for each infill site. important—particularly to achieve efficiencies in public infrastructure If the Plan 2035 goal is to change the character of the area systems and services—it is in these types (e.g. to create additional density to support transit or of key Plan 2035 areas where high quality walkable urban nodes), then the challenge is to draft infill development can help achieve the objective development standards that establish a new, walkable urbanism, excitement, and functional, and attractive character in an area where that transit efficiencies that Plan 2035 evokes type of development does not exist. Since many alternative for the future of the County.
“looks and feels” for the area are possible, it takes time
Unfortunately, achieving a system that and effort to determine which should be reflected in promotes good infill development is objective development standards. technically fairly difficult—and politically very difficult. The technical difficulty is caused by the need to ensure that the new development “fits into” either the existing context or the planned context for the area. At a minimum, that means that it does not overwhelm traffic or infrastructure or open space systems in the area.
If the Plan 2035 goal is to reinforce the character of the area (i.e. in Established Neighborhoods), fitting in means that the new structures do not overwhelm or overshadow their neighbors in size or scale or visual character. That often involves reflecting the character of the [M]any examples of successful infill standards exist surrounding area in objective development standards—which takes throughout the United States. However, history also has many examples of how not to prepare these standards. time and effort and differs for each infill Unfortunately, there seems to be a temptation for those site.
drafting the standards to “go too far” and to draft
If the Plan 2035 goal is to change the standards that are so detailed that they drive away the character of the area (e.g. to create additional density to support transit or very developers they intended to attract. We believe this is walkable urban nodes), then the one of the weaknesses of current Zoning Ordinance Subtitle challenge is to draft objective 27A, and it is certainly a major weakness of the County’s development standards that establish a current TDOZ and DDOZ plans. new, functional, and attractive character in an area where that type of development does not exist. Since many alternative “looks and feels” for the area are possible, it takes time and effort to determine which should be reflected in objective development standards.
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Nevertheless, these technical problems are in the mainstream of planning practice. Answers can be found and agreed upon, and many examples of successful infill standards exist throughout the United States. However, history also has many examples of how not to prepare these standards. Unfortunately, there seems to be a temptation for those drafting the standards to “go too far” and to draft standards that are so detailed that they drive away the very developers they intended to attract. We believe this is one of the weaknesses of current Zoning Ordinance Subtitle 27A, and it is certainly a major weakness of the County’s current TDOZ and DDOZ plans. “Going too far” takes a variety of forms. Most commonly, it means drafting building form and design standards that are far more detailed than they need to be to achieve plan goals for the area. The drafters forget they are not designing the development itself – merely establishing the parameters within which a private developer will be asked to design the development, and that actual development may take place years or decades in the future when tastes in architecture, materials, articulation, and landscaping may have changed. In fact it is likely that walkable urban areas will be developed by a variety of different developers over a long time frame. Expecting that each one will ignore their own project economics and personal tastes to contribute to someone else’s image of a coherent development is unrealistic. While many infill sites lend themselves to form-based zoning techniques, form-based development practices often feed this tendency to “go too far” by basing form and design standards on pictures of end-state development. Once everyone agrees on a beautiful picture of the future, it is very tempting to reflect that picture in zoning standards, even though many of the details in the picture are not very important to its success—either economically or as a great place for people. A second mistake of many infill development standards is to focus too much on specific desired uses to “fill in” what is missing in the area. The mistake is twofold. First, the more you require specific uses or a mix of uses, the more you narrow the field of developers interested in the project. A focus on retail development tends to narrow the field to retail developers, and a focus on vertical mixed use buildings eliminates the large number of competent developers of single use buildings. The second mistake is that uses change over time, and what is missing today may not be missing from the area by the time the infill land is developed. While the specific location of individual uses within a walkable urban area is of great importance to a master developer in control of the entire site (because there is a right way to maximize revenues from the project as a whole) many wonderful urban areas have
A second mistake of many infill development standards is to focus too much on specific desired uses to “fill in” what is missing in the area. ….. If the new Zoning Ordinance and Subdivision Regulations avoid the temptations to go too far in building or project design and in requiring specific uses or a mix of uses, the County can surmount the technical challenges to effective and efficient infill standards.
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evolved without those controls. In general, what makes urban areas successful is not the specific mix of uses (or maximizing revenues) from a specific project, but the mix of uses in the area as a whole. In many cases, over-focusing or specifically locating particular uses in a Center is wasted effort, because an alternative mixes of uses and locations would work as well. Forcing a specific use in a specific location may be a recipe for financial failure of that use, because the free market has a remarkable ability to find what is missing from the use mix in an area and to supply that missing use without being required to do so. If the new Zoning Ordinance and Subdivision Regulations avoid the temptations to go too far [T]he real difficulty in adopting workable standards is political—not technical. The political challenge arises in building or project design and in requiring specific uses or a mix of uses, the County can because the most effective way to promote this type surmount the technical challenges to effective of development is to reduce the developer’s risk—and and efficient infill standards. However, the real the most effective way to reduce risk is to avoid difficulty in adopting workable standards is making project approval subject to public hearings political—not technical. The political challenge and negotiation. arises because the most effective way to promote this type of development is to reduce the developer’s risk—and the most effective way to reduce risk is to avoid making project approval subject to public hearings and negotiation. Time and time again, interviews with developers in Prince George’s County and around the United States reinforce the fact that reducing risk is the key to infill success. As noted above, infill sites often have above-average site design risks due to topography, location, access, drainage, sensitive lands or utility connections. They also have neighbors—which means increased risk of citizen objections to change. To offset these risks, the process for infill development approval must be easier—not harder—than that for “greenfield development.” Unfortunately, Prince George’s County has established a long history of wanting to multiply opportunities for hearings held solely to question earlier decisions regarding development approvals. Unless this practice can be reduced or reversed, it is unlikely that technical solutions to the challenges of infill development will work. Local governments throughout the United States are finding there are solutions to this dilemma, and are using them to create effective infill development programs. The secrets to success include the following:
Involving citizens in the design of the technical development standards, and using that process to educate them as to the self-defeating effects of going too far in either building design standards or required uses and use mixes. Local governments from Colorado to Pennsylvania have concluded that education as to the long-term impacts of short-sighted over-regulation are keys to achieving a system that is politically sustainable over time.
Drafting regulations that focus on the basic elements of success over time, and that are not based on a specific picture of what the end-state development will look like.
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Time and time again, interviews with developers in Prince George’s County and around the United States reinforce the fact that reducing risk is the key to infill success….Local governments throughout the United States are finding there are solutions to this dilemma, and are using them to create effective infill development programs.
Requiring market testing of the development standards before they are adopted, so that the market support for required types of development and the availability of financing for that type of development are known in advance. If the community chooses to adopt standards that are beyond the ability of developers to achieve or lenders to finance for the foreseeable future, that should be a conscious decision, but far too many local governments adopt standards that reflect their citizen’s desires without understanding that those developments will be a long time coming.
Requiring early consultations with citizens through neighborhood meetings for certain types of applications—as recommended in Section II.F.1.a,Neighborhood Meeting, of this report.
Removing public hearing requirements for all but larger developments that meet the infill standards. Healthy land use systems establish standards and incentives and make approvals easy—i.e., administrative—for applications that meet those standards. In fact, development standards can “push the market” to achieve additional development features and quality if the applicant knows that they will save the time and expense that accompany a public hearing process—or worse yet, a multiple public hearing process.
Retain public hearing requirements for larger and more complex projects, but “contain” the scope of those hearings so that they do not result in dramatic changes in development form or reductions in height, lot coverage, or development intensity that underlay the applicant’s purchase of the land. Large and complex projects deserve public review, because the layout, massing, and circulation systems can affect the surrounding neighborhoods in unpredictable ways, but public hearings should be limited to minimizing those impacts in ways that are consistent with underlying zoning.
Assuring the public that there will be periodic review of the County’s infill development standards, and that corrections in those standards will be made if the results do not meet expectations. The important fact is that public discussion and review should be focused on of the standard and safeguards that accompany a hearing-free system, not debating the beauty and merits of individual smaller infill developments.
Unfortunately, the current Zoning Ordinance and Subdivision Regulations reflect almost the opposite approach to infill development (and other forms of development for that matter—very detailed, overlapping (and in some cases conflicting) development standards accompanied by a process filled with requirements for negotiation and public review. Because high quality infill development is key to achieving the Plan 2035 goals, we recommend that the new Zoning Ordinance adopt tailored standards for the Regional Transit District (including the Downtowns), Local Transit Center, Neighborhood Center, and Town Center Zones, and for “areas inside the beltway” based on the principles outlined above, and that the Zoning Ordinance rewrite process include substantial public outreach as to the advantages of this approach.
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Part V: Modernize the Regulations and Incorporate Best Practices Section V.B Redevelopment and Revitalization of Commercial Corridors
B. REDEVELOPMENT AND REVITALIZATION OF COMMERCIAL CORRIDORS Commercial corridors are the “arteries” through which much local economic activity flows. By their nature and design, they move cars. If well designed, they also move busses, bicycles and pedestrians. If very well designed, they also help treat and transmit cleaner stormwater in ways that keep our streams and rivers clean, and they use trees and landscaping to offset the heat island impact of concrete lane-miles. But they also serve as the armature for economic development, particularly the retail and services that serve the citizens of the County. High quality commercial corridors not only provide mobility, they attract better quality commercial development that is a better neighbor to the residential development nearby. Collectively, well-designed corridors can also provide the mix of uses necessary to provide jobs and services closer to home and reduce the frequency and length of greenhouse gas-producing auto trips. Finally, the quality, diversity, and functionality of commercial corridors establish the image of the County to the thousands of commuters and visitors who pass through and who make decisions about where they want to live, work, and shop based on those images. Unfortunately, many commercial corridors in Prince George’s County fail a number of these tests. Many are characterized by older commercial uses interspersed with vacant and underutilized lands. Much of the development is auto-oriented, includes large expanses of unbroken parking areas, numerous access points, minimal to modest landscaping, overhead power and utility lines, tall signage, and visible outdoor storage. Even though Plan 2035 goals and policies do not focus top priority on the County’s commercial corridors, a number of interviewees, as well as focus group and Zoning Advisory Panel members, identified the commercial corridors as areas whose redevelopment is important to the County’s future growth and development. The quality and functionality of the County’s commercial corridors can be improved through redevelopment, but it will require a multi-dimensional approach that involves both regulatory changes and non-regulatory actions such as public investment in assembling and reselling development sites, constructing streetscape improvements, adding landscaping, and siting public facilities at strategic locations. Great corridors require five things:
Private Development. High-quality private development along the edges;
Street Frontages: Carefully designed street edges—the areas between building frontages and the street curb, which may include trees, furniture, patios, landscaping, bioswales, or other features to improve appearance and usability;
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Transitions to Residential: Strong protections for the stability and integrity of the residential neighborhoods immediately behind or beside commercial development (which is often overlooked, but critical to preserving the value of both commercial and residential areas—and therefore the health of the commercial corridor—over time);
Streets: Well designed and engineered multi-modal travel lanes reflecting Complete Street and Green Street Design principles; and
Management: Good traffic management to optimize traffic flow at safe speeds and to eliminate choke points in the system. The Zoning Ordinance and Subdivision Regulations can influence private development, street frontages, and transitions to residential development. Private development and street frontages are discussed here. Transitions to residential development is discussed in greater detail in Section IV.A, Protect the Character of Stable Neighborhoods from Incompatible Development, as that topic is relevant to more than just the commercial corridors.
To address these current regulatory conditions and support and encourage the redevelopment of higher quality commercial corridors, we recommend the new Zoning Ordinance include standards designed to improve the quality of private development and street frontages along commercial corridors by:
Street Frontage Standards. This is one of the “missing links” that led previous generations of zoning regulations, including those in the County, to allow and even encourage monotonous, unattractive, and auto-oriented commercial corridors. The design and construction of what happens between the building and the curbline is critical to great streets – and the regulations for those areas need to be closely tailored to the context of the area. While walkability is achievable on some types of smaller corridors (often those with narrower widths and building constructed not too far from the street), it is not realistically achievable on others. To be successful, frontage standards need to vary based on the realistically achievable levels of walkability and multi-modal transport, and where those are very limited, focus on improvements to the image of the street frontages as viewed from cars. These issues are addressed in the recommended changes in Section V.D, Landscaping.
Building Design Standards. Buildings along commercial corridors are by their nature highly visible and the appearance and quality of each building affects how much neighboring land owners are willing to spend on their new building or renovation. Like many communities across the United States, Prince George’s County has zoned large lengths of commercial corridors for retail and commercial development. This often leads to an
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oversupply of commercially zoned land along Like many communities across the United corridors, and when the market cannot support States, Prince George’s County has zoned the amount of land zoned, vacancies and large lengths of commercial corridors for retail disinvestment occurs. Left unaddressed, this often and commercial development. This often leads leads to a “race to the bottom” in which each to an oversupply of commercially zoned land succeeding owner or tenant of a second- or thirdalong corridors, and when the market cannot quality commercial corridor space tries to make as little investment as possible in order to protect support the amount of land zoned, vacancies and disinvestment occurs. Left unaddressed, ever-thinner operating profit margins. Reversing this often leads to a “race to the bottom” in this trend involves drafting and adopting reasonable nonresidential and multi-family design which each succeeding owner or tenant of a standards to require redevelopment to maintain second- or third-quality commercial corridor or improve the building appearance, and to space tries to make as little investment as require that new development improve the possible in order to protect ever-thinner corridor appearance through better building siting, operating profit margins. entries, windows and doors, and screening of equipment, among others. The framework and parameters for these design standards are discussed in Section V.I, Building Form and Design Standards. Market testing of these standards prior to adoption is important, but the standard of review should be whether they are reasonable to the top twothirds of market rents in the area. Basing the review on the lowest market rent will only lead to a continuation of current trends. There is no way to upgrade the appearance of commercial corridors without “raising the bar” to some degree, and raising the bar always results in some potentially low quality investors leaving the field. If the County cares enough about the image and economic health of these corridors, it should be willing to accept that tradeoff.
Tailored Landscaping Standards. Adopting new landscaping standards tailored to the context of different segments of the corridor. Since corridors run between development nodes, the character of different segments of the corridor changes along the way, often passing through a spectrum from semiurban areas to crossroad commercial areas to suburban (or even semi-rural) residential areas along the way. Landscaping and buffering standards should be designed to reflect these different development contexts, and to avoid the “sameness” that is at the heart of many citizen complaints about the appearance and image of commercial corridors.
Higher Landscaping Standards. Adopting improved landscaping quality standards for high visibility sites along commercial corridors. Key corridors are “image makers” for the County, and the overall quality of landscaping in these areas does much to influence commuter and visitor impressions of the area. Just as importantly, it affects the impressions of potential home buyers and their decisions as to how much money they are willing to spend
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for a home in the community. These issues are addressed in Section V.D, Landscaping.
Better Parking and Access Design Standards. One common complaint about the commercial corridors is the excessive and unattractive parking lots that are often the key development feature visible from the street. While attractive in the 1960s, those large parking lots discourage patronage and convey an image of the County as a home of outdated development. The key first step in addressing this problem is to review required minimum offstreet parking standards against the experience of comparable communities to see if they can be lowered, place a reasonable percentage of the required parking beside or behind the building (with the balance of the parking out front), that larger parking areas be broken up into “parking rooms” through the use of landscaping or site features, and that circulation and access layouts be designed to better manage access onto the adjacent streets. They also include a variety of credits to further reduce off-site parking requirements – such as reductions for on-street parking, proximity to transit lines or stations. Because these issues are best addressed in the parking standards section of the ordinance, a framework and the suggested changes to the parking standards along commercial corridors are outlined in Section V.C, Off-Street Parking and Loading.
Neighborhood Compatibility Standards. Because neighborhood protection issues are relevant to a number of different edge conditions, a framework and suggested standards to protect neighborhoods from the impacts of adjacent development of different scale and character are outlined in Section IV.A, Protect the Character of Stable Neighborhoods from Incompatible Development.
Easing Transition to Residential Use. One important consequence of zoning too much commercial corridor land for retail and service development is that not all of it will be economically viable. This truth is impacting corridor development not just in Prince George’s County but throughout the United States. While there is often an oversupply of corridor-oriented retail space, most markets are also experiencing an undersupply of mixed use development incorporating affordable workforce housing. Corridors often make good locations for this type of housing for several reasons: key infrastructure is already in place; the introduction of more housing helps reduce the peak traffic problems associated with commercial, service and office development; and locating attached and multifamily housing along major corridors keeps the traffic associated with that use out of lower density residential areas. For all these reasons, good corridor zoning not only improves the appearance and functioning of the corridor, but makes it easy to convert surplus commercial land to housing and mixed use development that incorporates a variety of housing types (including affordable workforce housing, senior and age-restricted housing, and other
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highly desired housing types in Prince George’s County). The zone standards that apply in the corridors should include a wider variety of housing uses in the commercial zones, establish objective character and design standards for this emerging change in development type, and minimize the number of public hearings necessary to convert obsolete retail and service developments to this more productive use. We also recommend the new Zoning Ordinance include commercial corridor design and form standards that reflect the principles and lessons outlined above, in the places noted above. Critical to this discussion will be a thoughtful discussion of what level of reinvestment should “trigger” the need to meet the new corridor zoning standards. Set the bar too high (i.e., only major redevelopments need comply) means that the image and function of the corridors will change very slowly over time, leading to community frustration. Set the bar too low (i.e. almost all reinvestment or expansion projects must comply) and you risk adding significant costs to small projects that cannot absorb them. Most communities opt for a sliding scale in which different levels of investment require compliance with some—but not all—of the new standards; only complete site redevelopments must comply with all of them.
C. OFF-STREET PARKING AND LOADING 1. Background: Current Parking and Loading and Bicycle Standards a. Parking and Loading Standards As is common in Zoning Ordinances for primarily suburban and rural communities, parking standards in the current Zoning Ordinance reflects conventional and conservative parking ratios of the sort that became widespread as personal vehicle transportation became prevalent in the 1950s and 1960s. Subtitle 27, Part 11: Offstreet Parking and Loading, lists a standard schedule of parking space requirements based on use that is applied in all zones with the exception of the M-X-T Zone (Sec. 27-568, Zoning Ordinance). The parking standards are fairly standard for those found in older suburban development codes throughout the United States. They do allow for reduced parking for certain development types and patterns that may be associated with lower levels of vehicle ownership or usage (for example, Section 27A-703 of the Zoning Ordinance allows lower parking spaces for multifamily residential units in projects that are mostly onebedroom or within a mile of a metro station). However, these reductions do not allow the type of parking reductions found in development codes that support higher density, mixed use development, and walkable urbanism; instead, they reflect a
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predominant pattern of single-use development where shared parking has not been feasible. The M-X-T Zone and Subtitle 27A, Urban Centers and Corridors Nodes Development and Zoning Code, are notable exceptions to the general parking standards. The M-X-T Zone includes a schedule of uses with a detailed methodology directing how to calculate required parking (detailed in Sec. 27-574, Zoning Ordinance), which result in reduced parking levels that reflect more of an urban context. However, the calculation methods are not easily understood by a lay reader.80 Subtitle 27A promotes the “park-once” concept, and is intended to reduce the footprint of parking by consolidating and sharing parking facilities. Section 27A-703 establishes a minimum set of parking standards, with many requirements being lower than those found in the main parking table for the conventional zones. Parking standards also vary based on distance to rail transit stations. In addition, Subtitle 27A also provides maximum requirements for reserved spaces and specifies that surface parking may not exceed the minimum requirements of Sec. 27A-703. In addition, the current Zoning Ordinance generally includes limited flexibility provisions to reduce parking standards, when compared to other modern development codes. They include:
Departures (reductions); and
Shared parking.
There are three primary means for departures in most zones:
Departures (reductions) from the parking standards by less than 10 percent, reviewed and decided by the Planning Director, administratively (Sec. 27-587, Zoning Ordinance);
Departures (no limitation in departure/reduction amount) from the parking standards by more than 10 percent, reviewed and decided by the Planning Board after a public hearing (Sec. 27-588, Zoning Ordinance); and
Departures from the parking standards (no limitation in departure/reduction amount) in the cities of Bowie, College Park, Greenbelt and New Carrollton, which is reviewed and decided by the elected officials of the respective cities (and authorized by the Revitalization Overlay District).
A limited form of shared parking is allowed in the base zones between two or more uses (where each use requires no more than 20 spaces), with eligibility for reduction of normal parking requirements by up to 20 percent (see Sec. 27-572, Zoning Ordinance). The provisions also allow for the location of parking for one use to be on a different site from
80
The calculation methods would be improved with the addition of graphics to convey how peak parking demand and off-peak demand work at different times of the day.
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where that use is located, where each use requires no more than 20 spaces (Sec. 27-573, Zoning Ordinance). In addition, the M-X-T Zone allows parking reductions through calculating an overall demand profile for all uses in a particular area and determining a base requirement equal to the greatest aggregate demand (Sec. 27-574, Zoning Ordinance).81 The code language legalese, however, makes it difficult to understand how various parking reductions will work. Furthermore, provisions for the number of spaces to be held as exclusively reserved spaces throughout the day, and other provisions pertaining to acceptable distances from uses that parking is serving, add to the complexity of the section The result, as is the case with many other ordinance provisions, is that the M-X-T parking calculation requirements likely result in negotiated parking requirements between applicant and staff. The M-X-T Zone provides for a more flexible program of shared parking based on a method spelled out in Sec. 27-574, Zoning Ordinance, which is based on industry practices for calculating an overall parking demand based on the shifting peak demands of multiple adjacent uses.82 The request, however, is reviewed as part of the overall review process for the M-X-T Zone, which is discretionary and inefficient. Subtitle 27A also allows shared parking subject to compliance with the Urban Land Instituteâ&#x20AC;&#x2122;s Shared Parking Model, widely regarded as an industry standard. As in the M-X-T Zone, however, a shared parking request is reviewed as part of the overall Subtitle 27A review process, which is discretionary, time consuming, and complex (see Sec. 27A-705(b)(3)). Finally, Sec. 27A-705, allows the Planning Director to reduce the required number of parking spaces by up to five spaces for each employee car-share that is part of a car-share program at the site, and the Transit Development Overlay Zone allows the Planning Director to reduce up to eight spaces per shared vehicle (depending on the distance of a development from the Metro or Purple Line station).83 Finally, in addition to the M-X-T Zone provisions, the U-L-I Zone also allows an option for creating a parking plan that may reduce the 81
The ordinance allows a parking calculation to use the hour of the day when aggregate demand is at its highest, understanding that parking demand for a given use changes throughout the day and that lesser numbers of parking spaces are achievable by comparing the peak demands of different uses. However, the instructions for potential reductions to the base requirement leave room for interpretation that might result in different calculations between applicants and County staff. 82 However, several specific provisions in the section seem to indicate there is room for interpretation of the requirements, and possibility negotiation. 83 Although more densely urbanized areas in the United States have permitted higher levels of parking reduction than this, this allowance seems appropriate for Prince Georgeâ&#x20AC;&#x2122;s where highdensity areas are concentrated in key activity nodes, often around transit stations.
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minimum parking and loading spaces below the minimum numbers defined for the zone (see Sec. 27-585(c), Zoning Ordinance). b. Bicycle Parking Standards The only places in the current Zoning Ordinance that include bicycle parking standards are the UC zones established in Subtitle 27A. They include bicycle parking standards that are comparable to standards found in modern codes used in other urban and town-center contexts. The standards are based on the number of vehicle parking spaces required on the site,84 and specify where the bicycle parking should be located, and limit wheel-based racks (where bicycles are affixed to a rack only by their wheel and not their frame) from counting toward the minimum number. In addition, the current Subdivision Regulations include a requirement for adequate public pedestrian and bikeway facilities (Sec. 214-124.01, Subdivision Regulations) that includes provision of bicycle parking “at transit stops, commercial areas, employment centers, and other places where vehicle parking, visitors, and/or patrons are normally anticipated.”
2. Modernize and Modify the Parking and Loading and Bicycle Parking Standards to Implement Plan 2035 and Support Walkable Urbanism and Other Contexts To modernize the parking and loading and bicycle parking standards to implement Plan 2035, we suggest the following changes be made to the current regulations. First, establish different parking standards for the urban and other contexts in the County (versus the “one size fits all” set of standards in the current parking standards table). We suggest three different set of parking standards for the following areas: o
Centers (The Regional Transit Districts (including the Downtowns), the Local Transit Centers, Neighborhood Centers, Town Centers, and Campus Centers);
o
Areas in the County “inside the beltway;” and
o
All other areas in the County.
Second, review and modify the current parking standards in these three areas to bring them into conformance with current best practices.
84
Many Zoning Ordinances use a similar method for bicycle parking requirements as they do auto parking requirements and base the parking levels on intensity of development. There may be merit in doing this, at least for some uses, in order to encourage bicycle use and reduce parking needs.
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o
In the Regional Transit Districts (including the Downtowns) this will include:
Establishing a streamlined and user-friendly shared parking calculation methodology that sets a base parking requirement from which further reductions may be taken;
Allowing on-street parking to be credited towards a portion of offstreet requirements in the Regional Transit Districts (including the Downtowns), the Local Transit Centers, Neighborhood Centers, and Campus Centers;
Making more proactive use of Transportation Demand Management strategies during the development review process to further reduce parking requirements;
Instituting maximum parking requirements for key uses that are expected in these zones (especially multi-family residential and retail uses)
o
In the Local Transit Centers, Neighborhood Centers, Town Centers, and Campus Centers the County should consider maximum parking standards in addition to minimum standards for multi-family, retail and office uses.
o
For the standards that apply to all other areas in the County, the current standards would be modernized, and brought into conformance with best practices (such as the parking ratios observed in comparable community surveys and reported in the Institute of Transportation Engineers' Parking Generation Manual, other national standards, and recent parking standards adopted by other local governments).
Third, place these modernized parking standards in a unified parking table that sets out the parking requirements for all allowable uses based on the uses in the summary use tables, along with provisions for uses with variable parking demands, and provisions that allow the Planning Director to require preparation of a parking demand study for unusual uses where there is no reliable parking demand data. Fourth, require large parking lots of 400 or more spaces to be broken up into sections and incorporate pedestrian-friendly features such as sidewalks to the principal entrance of buildings and enhanced landscaping that provides shade for pedestrians and vehicles and contributes to reduction of stormwater runoff. Fifth, add more precise provisions requiring cross access between nonresidential and higher density multifamily uses. Sixth, provide incentives for parking lot design to incorporate Low Impact Development techniques such as pervious paving, vegetated swales, infiltration/flow-through planters, rain gardens, etc. Seventh, add the following type of bicycle parking requirements:
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o
In the Regional Transit Districts (including the Downtowns), establish requirements both for bicycle parking on-site (especially in parking structures or adjacent to building entrances, and to include covered and secured facilities for long-term bicycle parking intended for transit commuters or all-day employees of uses in the center) as well as in public right-of-way as part of a streetscape, with the latter to be located in places convenient to principal building entrances.
o
In the Local Transit Centers, Neighborhood Centers, Town Centers, and Campus Centers establish requirements for bicycle parking on-site as well as in public right-of-way as part of a streetscape.
Eighth, encourage and incentivize the use of bicycle parking in other locations by establishing basic requirements for retail establishments of a certain size, office zones that permit a certain amount of intensity, and for any office, retail, multi-family residential, community facility or hotel use located on streets designated as bicycle corridors in an official bicycle facility master plan adopted by Prince Georgeâ&#x20AC;&#x2122;s County; these requirements should also specify acceptable types of bicycle storage. Refine, expand, and consolidate the range of flexibility provisions that can be used to address parking standards, through administrative approval by the Planning Director. This should include:
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o
A broadening of the shared parking provisions among complementary uses in non-transit areas that are likely to redevelop or that the County is encouraging to redevelop through land use policy, which allow for reductions in parking;
o
More extensive allowance for off-site parking, subject to limitations on distance from the site and requirements for good pedestrian access from the off-site parking location to the site, by making linkages to adequate pedestrian facilities more clear and instructing applicants on how contribution to the sidewalk network can allow off-site parking supply to be credited towards a siteâ&#x20AC;&#x2122;s requirements;
o
Reductions for deferred parking (i.e. lower parking requirement for those willing to see if they are adequate and who are reserving lands for additional parking in the future if needed);
o
Reductions in regular off-street parking requirements due to on-street parking in the Centers (Regional Transit Districts, Local Transit Centers, Neighborhood Centers, Town Centers, and Campus Centers);
o
Reductions for parking for development in close proximity to transit stations and transit stops;
o
Reductions in parking for Transportation Demand Management programs in zones where more development intensity will occur over time, with more specific guidance on estimated levels of reduction that an applicant may expect from implementing and agreeing to provide a particular TDM measure as part of a development; and
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o
Provisions that allow for an applicant to submit an alternative parking plan demonstrating how parking requirements can be met for a development through alternatives different than those spelled out in the regulations.
Take out the provisions in Sec. 214-124.01, Subdivision Regulations), that includes a requirement for adequate public pedestrian and bikeway facilities, since new standards will be added to the Zoning Ordinance addressing these issues.
D. LANDSCAPING Landscape standards for development in the County are found in The Prince George’s County Landscape Manual (“Landscape Manual”),85 which establishes the requirements for landscaping, buffering, and screening that apply to development in the County. It has a solid organizational framework, but needs simplification in some places, and modification to address Plan 2035 goals and incorporate best practices.86
1. Background: Current Regulations – The Landscape Manual a. General Generally, all development (public and private) must comply with the Landscape Manual before beginning construction on a project. No building and grading permits will be approved without prior approval of a detailed landscape plan that is in compliance with the Manual. Currently, the approval process for landscape plans, and for determining their compliance with the Landscape Manual occurs as part of the Site Plan or permit review process. Detailed landscape plans must be submitted with the application package.87 To ensure compliance, upon completing installation of landscaping, the landscape architect 85
The Landscape Manual was most recently updated in December 2010. The Landscape Manual is organized into five sections: Section 1 General Information Section 2 Plan Preparation Section 3 Landscape Elements and Design Criteria Section 4 Landscape Standards Section 5 Glossary 87 Submittal package requirements generally include information about: The location, type, and quality of existing vegetation, and what is saved, including a tree preservation plan. Existing site conditions, boundaries, topography, SWM facilities, utilities, and similar information. Proposed plant materials, locations, quantities, and similar information, and plant details. Proposed berms, fences, paved areas, etc. A lighting photometrics plan, prepared by and sealed by a lighting consultant. Soil mixture specs and key landscape elements details (such as dumpster enclosures, fences, and other landscape elements that are required as part of any buffering or screening). Landscape plans are required to be prepared by a Maryland registered landscape architect. 86
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responsible for the project is required to submit a Certification of Installation of Plant Materials (within 30 days of installation of plant materials). A Certificate of Landscape Maintenance is required on properties that were previously subject to the Landscape Manual and are currently subject to the Landscape Manual for new improvements. We recommend keeping all of these requirements. However, and in order to encourage and/or incentive a more robust landscape plan, we do recommend consideration of bonding only the minimal required landscape plan. Several development community representatives suggested these latter requirements were time consuming and expensive and result in many applicants submitting a landscape plan that minimally complies with the requirements. However, safeguards do need to be in place to ensure compliance with and maintenance with the landscape standards. Section 3: Landscape Elements and Design Criteria, describes a desired planting and landscape design approach, elements, and function of various landscape design elements. Plant types and function (definitions) are prescribed for: shade trees, street trees, ornamental trees, shrubs and ground plane planting, screening and buffering plants. The section also recognizes, and summarizes the definition of, the three tiers of development (Developed, Developing, and Rural) and Centers and Corridors, from the 2002 General Plan (which are no longer part of Plan 2035), and …. “establishes standards designed to address each area’s unique constraints and opportunities and to help implement the visions set forth in the plan.” (Section 3.5(a), page 25), Landscape Manual). The section also provides landscape recommendations for sustainability, energy conservation, preservation of existing trees, in coordination with the Woodland Conservation and Wildlife Habitat Ordinance, and compliance with CPTED principles. To allow for some flexibility in the process, applicants may apply for alternative compliance. The exceptions are: development that has been approved as a floating zone (comprehensive design zones, mixed use zones, and overlay zones); development subject to a Sector Plan that includes specific landscape standards in the Sector Plan; and development that is exempted by the Landscape Manual. Landscape standards in the floating zones may be negotiated during the review of the rezoning and plan for development for the project, which can be a lengthy and uncertain process. Instances where there is development subject to landscape standards in a Sector Plan can be problematic too, since the applicant can only determine if additional landscape standards apply by reviewing the Sector Plan; in some instances there are conflicts between the different landscape standards. b. Landscape Standards Section 4: Landscape Standards, establishes the landscape standards that generally apply to all development, except for development
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approved within a floating zone that have approved landscape plans that differ from the Landscape Manual; development subject to a Sector Plan including specific landscape standards in the plan (if standards are part of the Sector Plan); and development that is exempted by the Landscape Manual. Organization of the section is reasonably good, but some standards need simplification, and some modification to address Plan 2035 goals and incorporate best practices is needed. The section is divided into the following ten parts:
Residential (planting standards for single-family, lots, townhouse lots, and multi-family dwellings);
Landscape Strips Along Streets;
Parking Lots;
Screening;
Stormwater Management Facilities;
Buffering Development from Streets;
Buffering Incompatible Uses;
Landscape Requirements in a Regional Urban Community;
Sustainable Landscaping Requirements; and,
Street Trees Along Private Streets;
Plant schedules for each are provided on drawings to quantify planting and landscape requirements and compliance. The section also provides sample “schedules;” schedules vary depending upon the conditions and context. Table 15 Summary of Current Landscape Standards and Suggested Changes, summarizes the standards in each part of the landscape standards, and includes suggestions for change. Additionally, each of the following landscape standards should consider CPTED principles. Precise language and standards will be determined in the drafting process. The landscape standards should also address the applicability of tree canopy coverage regulations and re-evaluating the exemptions— including, but not limited to: 1) no change; 2) relocating them to the Zoning Ordinance; or 3) incorporating them into the Landscape Manual.
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TABLE 15: SUMMARY OF CURRENT LANDSCAPE STANDARDS AND SUGGESTED CHANGES STANDARD CURRENT STANDARDS PROPOSED CHANGES Residential
Landscape Strips Along Streets
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Single-family, townhouse, two or three family dwellings, and multifamily dwellings: depending upon size of lot: 1 ½ to 4 shade trees and 1 to 3 ornamental trees per lot; specific locations are prescribed. Adjustments/substitutions are made for instances when in tier, or in a corridor, node, or center. Table 4.1-1 is a matrix of on-site residential planting requirements by residential type. Width of strip varies, depending upon tier. Major shade trees; shrubs 2 to 4 feet tall. Requirements include specific number of trees and shrubs per linear feet; adjustments allowed for utilities and other constraints. Diagrams in the Landscape Manual suggest street trees are not planted in the ROW. See item 10 below: County Code requires planting of street trees along public streets during development.
Multifamily: Modify landscape standards for multi-family development that addresses rewrite goal of higher quality multifamily development, regardless of location or context. Centers (walkable urbanism): Provide new landscape standards for residential uses within Centers (in Plan 2035); distinguish standards between Regional Transit Districts and Local Centers. For example, a Regional Transit District may not have sufficient area on a residential lot/or parcel for additional plantings, whereas a Local Center will be less dense and additional plantings may be desired. Remove reference to distinctions among tiers for multi-family to address 2035 Plan nomenclature. Option 4, currently, allows for a 4-foot wide planting strip for trees. The minimum should be 6 (or 8). Or, if 4 feet is allowed (perhaps as an alternative only), a below grade and undersidewalk root and soils system should be required. The current Landscape Manual does not distinguish public or private streets. Consider clarifying that street trees are required along all streets. Adjust the current distinction among tiers to address 2035 General Plan nomenclature. Centers: Modify standards to support a walkable urbanism streetscape for Centers, distinguishing between Regional Transit Districts and Local Centers: o Design standards may vary depending upon the type of Center, its context, and location. (for example` a Regional Transit District should have a mostly hardscape sidewalk, and provisions that provide for sufficient width with plantings; a Local Center would not require sidewalks that are as wide; in addition, trees in planted strips may be more appropriate than grates` o Emphasize strong public realm, with strong streetscape standards, and street trees, which should be consistent along all streets. (trees should be consistent along a street, but vary from street to street to ensure genus/species diversification) o Remove the requirement for shrubs in addition to trees, and focus more on hardscape, sidewalk, and the desire for a wide sidewalk and storefront zone. o In the Regional Transit Districts provide for use of tree grates in some instances, in-lieu of a landscape strip. Other sidewalk/streetscape standards should apply in Local Centers; Standards may also vary depending upon street type. Innovation Corridor: o Standards should emphasize a high-quality and consistent landscape design that is well maintained. o Emphasize strong public realm, with strong streetscape standards, and street trees, which should be consistent along all streets. o Site landscaping standards should also be strengthened, relative to those in other places in the County. Commercial Corridors and Multifamily: o Provide standards for plantings along all streets, entry drives, parking lot drive aisles, medians, and landscape strips that encourage a consistent, attractive, and themed landscape; o Provide standards for streetscape, including sidewalks, light poles, furniture, signage, and similar landscape elements that will create a cohesive, attractive, and more pedestrian-friendly character. o Provide standards for sidewalks, to ensure safe pedestrian connectivity within the development and to adjacent properties, where appropriate. o Add incentives for storm water tree planters, especially in
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Part V: Modernize the Regulations and Incorporate Best Practices Section V.D Landscaping
TABLE 15: SUMMARY OF CURRENT LANDSCAPE STANDARDS AND SUGGESTED CHANGES STANDARD CURRENT STANDARDS PROPOSED CHANGES Parking Lots
Requirements include: Planting strips along perimeter of parking lot. Plantings in parking lot interiors (islands and medians). Requirements vary depending upon tier, corridor, nodes, or centers (number of trees and shrubs per island and per linear feet of strip).
Screening
Generally requires storage, loading, trash, mechanical equipment, and similar activities be hidden from view by landscaping. Use evergreen trees, shrubs, walls, fences, and berms. At time of installation, plants should occupy 75% of vertical rectangular plane. Requirements specify height, length, and other standards depending upon what is screened. Reference DPW&T requirements. All plantings around SWM must be in compliance with and approved by DPW&T. There are not specific planting requirements in the Landscape Manual.
Stormwater Management (SWM) Facilities
Buffers (rear yards, buffering of buildings from streets and special roadways)
Buffering Incompatible Uses
Standards includes language such as create variety; avoid long monotonous buffers of same material; consider year-round character). Residential Development: standards vary (width, type, etc.), depends on road classification, for : o Primary or lower road classification; o Collector road; o Major collector or arterial; o Freeway or expressway; o special roadways. Number of shade trees, number of evergreen trees, and number of shrubs per linear feet. Standards are similar to standards in above section. A table of “Use Impact Category” provides a matrix of uses and what constitutes incompatibility, and an
Centers. Adjust the current distinction among tiers to address 2035 Plan nomenclature. Refine storm water provisions to better address current storm water regulations (e.g., bio-retention, green roofs). Add standards requiring parking lot “drive aisles” to be designed so they can become future “streets,” and parking lots can become future building sites (especially for Centers, Commercial Corridors, and multi-family developments). Centers, Commercial Corridors, and Multifamily: Add landscape standards for Local Centers that support parking lot drive aisles in parking lots, and parking rows adjacent to buildings to be treated as “streets,” aligned with street trees, sidewalks, decorative light poles and other streetscape elements and furniture to create an attractive and walkable streetscape along building frontages. Commercial Corridors: Evaluate whether perimeter parking standards in certain contexts should be strengthened. Standards are generally consistent with best practices. Centers: Modify standards for Regional Transit Districts and Local Centers, to address walkable urbanism context. For example, loading areas and loading docks will be within buildings; including residential buildings. Screening from adjacent properties (or across the street) may not be practical and should not be required in all instances.
Add language and/or precedent images and photos to encourage (or require, or incentivize) more contemporary design solutions for bio-retention, green roofs, and other “urban-like” design solutions for SWM facilities. The standards should address the places walkable urbanism is the preferred development (Centers and Innovation Corridors). Organic and naturalized-looking SWM and bio-retention in Centers may not be desired, but may be appropriate in the Rural areas. Encourage, or incentivize, storm water tree planters, especially in Centers. Centers: Modify standards to address both Regional Transit Districts and Local Centers. Eliminate buffer requirements along some types of streets, and modify in other contexts to support walkable urbanism. Commercial Corridors: Modify buffer standards to support more mixed use development, and a more pedestrian-friendly environment.
Adjust the current distinction among tiers to address 2035 Plan nomenclature. Simplify the section; provide more flexibility in the buffers by applying measureable standards, based on opacity. Centers: Adjust the requirements for buffers within centers.
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Part V: Modernize the Regulations and Incorporate Best Practices Section V.D Landscaping
TABLE 15: SUMMARY OF CURRENT LANDSCAPE STANDARDS AND SUGGESTED CHANGES STANDARD CURRENT STANDARDS PROPOSED CHANGES “Impact Category:” Low (L), Medium (M), and High (H). Buffers are defined and required in accordance with this table; width of buffers vary, depending upon type required: A, B, C, D, E. A table of “Bufferyard Types” defines minimum building setbacks, minimum landscaped yard, and number plant units per 100 linear feet of property line. Determined at time of conceptual site plan (CSP); Number of trees and shrubs per lot size/type (for single-family, townhouse, etc., and per number of multifamily units. Screening requirements (similar to above) for loading, adjacent to street/vehicular lane, trash enclosures, and similar. 50% percent of required shade and ornamental trees and 30% of evergreen trees and shrubs must be native.
Landscape Requirements in Regional Urban Community
Sustainable Landscape Standards
Invasive species are not allowed.
Street Trees Along Private Streets
Trees may not be planted on slopes 3:1 or greater. All public ROW’s are governed by DPW&T. County Code requires the planting of street trees during the development process. Standards for street trees in the public ROW should be obtained from the governing agency; however, all street trees within public ROW should be shown on landscape plans for informational purposes. Street trees shall be in a space not less than 5 feet wide. (Conflicts with Section 2, Option 4, which allows 4 ft. wide planting space). Soil surface areas vary from 120 to 150 square feet; the number of trees required is 1 per 35 linear feet of frontage; 2 ½ to 3” caliper; 25 to 50 feet on center; Other standards, such as distance from street light poles, etc. are also established.
Consider eliminating in Regional Transit Districts, and modifying in Local Centers. In some instances, buffers may need to be eliminated entirely. Evaluate whether bufferyard types need modification to support walkable urbanism. Commercial Corridors: Evaluate whether bufferyard types need modification to support more pedestrian-friendly environment.
Not applicable. Not proposed to be carried forward.
Incorporate appropriate Sustainable Sites rating system language to inform sustainable landscape design solutions. Provide incentives or credits for achieving certain points. Incorporate provisions for minimum soil volumes to ensure longterm tree survival.
Street trees should be required for both public streets and private streets – coordination with DPW& T will need to occur, or supersede these regulations. Centers: o Street tree standards should vary by street type, function, and conditions and may not be practical on all streets. Provide a schedule of requirements. o Street tree spacing may vary per street type; 1 tree every 35 feet may not be appropriate for all street types. o Consider a smaller soil surface area requirement, such as 80 to 100 square feet (6’ x 14’ or 8’ x 12’); the use of tree grates (and no surface soil area), and/or the use of a below grade and under-sidewalk root and soils system. o Requires, or provide incentives, for storm water tree planters.
2. Modify Landscape Manual to Simplify, Address Plan 2035 Goals, and Incorporate Best Practices The Landscape Manual should be carried forward in the rewrite. We recommend it should remain as a stand-alone document. However, it should be simplified and modified to address Plan 2035 goals and incorporate best practices. Recommended changes are outlined below.
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Part V: Modernize the Regulations and Incorporate Best Practices Section V.D Landscaping
First, and in addition to the specific suggestions for each part of the landscape standards summarized in Table 15: Summary of Current Landscape Standards and Suggested Changes, focus on revising the Landscape Manual to add standards for Centers, the Innovation Corridor, and commercial corridors. o
Centers (Regional Transit Districts (including the Downtowns) and the Local Centers (Local Transit Centers, Neighborhood Centers, Town Centers, Campus Centers) are the places of focus for walkable urbanism.
o
Emphasis should be placed on the standards supporting a strong public realm. •
Street trees should be required on all streets (public and private), but might be varied depending upon type of center and the street type.
•
Streetscape landscape standards should be included for street types, in accordance with Complete and Green Streets principles.
Landscape standards should be added for pocket parks, plazas (planting quantities, trees, grass, paving, soft scape versus hardscape, plazas, plaza elements, and similar provisions), and appropriate open spaces, to support such considerations as small outdoor events, food trucks, and neighborhood markets, so they are not “left over spaces” but, rather, an integral and important part of place making.
The other landscape standards should be modified to support the development template for walkable urbanism. Front yards, lots, landscape strips (along streets, perimeter of parking lots, etc.), and buffers should be revised.
The Innovation Corridor will contain a variety of uses, building types, employers, and functions that will advance economic development and employment goals. Landscape standards for the Innovation Corridor should recognize this uniqueness and inform a landscape design aesthetic that helps to advance and support these goals.
The standards should emphasize a high-quality landscape design approach that respects and strengthens individual development, building, and user function and mission, while being compatible with and, to the extent practical, connect with adjacent/other developments, buildings, and users within the corridor. Landscapes should be well maintained, and should benefit and contribute to broader marketing, branding, and economic development and employment goals throughout the Innovation Corridor.
Landscape standards, including both qualitative factors and quantity of plant materials, should be included.
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Part V: Modernize the Regulations and Incorporate Best Practices Section V.E Open Space
o
Emphasis should be placed on supporting a strong public realm, with strong streetscape standards, and street trees, which should be consistent along all streets and compatible from site-to-site.
Site landscaping standards should also be strengthened, relative to those in other places in the County.
As in the case of Centers, landscape standards should be added for pocket parks, plazas, and other small open spaces.
Commercial corridors are the places in the County with primarily autooriented, strip commercial development; currently these places have few mixed uses, and many are not considered to have quality development form and design. Landscape standards should be added that support a higher quality design and development in the commercial corridors, regardless of location, and also support mixed use development and a more pedestrian-friendly environment.
Landscape standards should be added for parking lot drive aisles and parking rows adjacent to buildings to be treated as “streets,” aligned with street trees, sidewalks, decorative light poles and other streetscape elements and furniture to create an attractive and walkable streetscape along the storefront.
Streetscape and perimeter parking lot standards should be evaluated to determine whether to modify those requirements to provide a more aesthetically pleasing environment from the corridors and to the pedestrian.
Again, landscape standards should be added for pocket parks, plazas and other small open spaces.
Finally, improve the user-friendliness of the Landscape Manual by using visual images of current development that illustrate desired or required streetscapes, open space types (such as squares, parks, and plazas), hardscape and landscape elements, and similar design considerations.
E. OPEN SPACE Plan Prince George’s 2035 identifies the conservation of natural resources and the retention and enhancement of open spaces as primary goals for the County’s future growth and development. The Plan 2035 policies most relevant to retaining open space call for:
Reducing the rate of land consumed by greenfield development;
Improving water quality through stormwater management and water resource protection;
Implementing green neighborhood design;
Addressing potential climate change impacts in land use decisions; and
Preserving and enhancing existing forest and tree canopy.
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Part V: Modernize the Regulations and Incorporate Best Practices Section V.E Open Space
Plan 2035 addresses the first policy with strategies to direct future growth and development into Centers and within the Growth Boundary. Part III, Modernize, Simplify, and Consolidate Zones and Zone Regulations, addresses how zones and zone regulations should be revised to implement these strategies. Water quality improvement is primarily addressed through the current Chesapeake Bay Critical Area Overlay zones, the implementation of stormwater management regulations largely prescribed by State and federal law, the open space requirements of the Reserved Open Space (R-O-S) Zone, and conservation subdivision requirements in the Subdivision Regulations. Suggestions for improving current development regulations to address green design and climate change can be found in Section IV.C, Support and Encourage Sustainable/Green Building Practices. Preservation of tree canopy is addressed in Section V.D, Landscaping. This section addresses the more general open space standards in the current Zoning Ordinance and Subdivision Regulations and how they might be revised to better implement Plan 2035 policies.
1. Current Open Space Standards The Zoning Ordinance requires various forms of open space in a variety of ways. Minimum requirements for open space—defined as land uncovered by structures, driveways, or parking lots—apply to the village zones, the Aviation Policy Area overlay zones, and some specific uses (e.g., elderly housing, private schools and colleges, amusement parks). Minimum requirements for “green area”—defined as open areas providing site occupants light and air, or scenic, recreational, or similar purposes—apply to multifamily development in residential zones, the Planned Mobile Home Community (R-M-H) Zone, and some specific uses (e.g., elderly housing, department/variety stores, health and medical campuses). A minimum requirement for “community use area”—defined as undisturbed open space, recreational facilities, parks, and public and homeowner uses and amenities—applies to the Mixed Use Community (M-X-C) Zone. Minimum requirements for “recreational area” (not defined) apply to the Village zones and campground uses. The Subdivision Regulations also require open space in several forms. Residential subdivisions are required to dedicate and convey to the County or a municipality a certain percentage of the subdivision site as “parkland” (land suitable for active or passive recreation). If dedication of parkland is impractical or adequate parkland already is available to serve subdivision residents, the requirement may be met with an in-lieu payment or the provision of recreational facilities. The requirement does not apply to subdivisions approved under comprehensive design, urban renewal, optional residential design, townhouse, or recreational community development provisions, or to subdivisions in the Residential, R-M, and M-XT zones that are subject to a single conceptual site plan. Conservation subdivisions are required to set aside a minimum amount of “conservation”
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Part V: Modernize the Regulations and Incorporate Best Practices Section V.E Open Space
open space to preserve woodlands, farmland, farm structures, historic structures, and the scenic and unique character of development sites. The County’s open space regulations overlap, are inconsistent, are subject to significant gaps (they don’t apply in many zones), and are too “suburban” to aptly apply in the urban contexts emphasized by Plan 2035 goals and objectives.
2. Suggested Revisions to Open Space Standards We recommend that the County consider revising the various open space standards to establish three different set of open space set-aside standards88 that would apply to new multifamily residential, mixed-use, and nonresidential development in the following areas: o
Regional Transit Districts (including the Downtowns), Local Transit Centers, Neighborhood Centers, Town Centers, and Campus Centers;
o
Areas in the County “inside the beltway;” and
o
All other areas in the County.89
This would ensure a minimum level of “green” area and site amenities that could be used to accommodate landscaping and buffers, manage stormwater runoff, provide recreational opportunities, create gathering places, provide shading, and add visual interest. The open space set-aside standards would recognize that open space needs and functions are different in the Centers than in those areas “inside the beltway” and in the other areas in the County. For example, open space standards in the Centers would require a lower set-aside percentage than in the other areas and would be flexible enough to allow features more prevalent in compact, mixed-use urban environments (e.g., plazas and other public gathering spaces, fountains, street trees, use of stormwater infrastructure as site amenities, sidewalk furniture, roof-top or terrace gardens—perhaps even indoor atriums). For example, in more urban areas, green roofs would count towards meeting open space requirements, and might even be further incentivized through additional development intensity or building height. Open space standards would also reflect the different needs of various types of development. For example, multifamily residential development is generally subject to higher open space set-aside 88
Open space set-asides are private lands on a development site that are set aside in perpetuity for the purpose of preserving conservation and environmentally sensitive lands, buffer areas, tree canopy, recreational lands (passive and active), meeting or gathering places, and the like. These lands can be maintained in perpetuity through a variety of tools—including, but not limited to, easements, covenants, dedication (donation of the land to a public agency for public use), conveyance of the lands to a third party beneficiary (like a conservation organization), etc. It is a concept used in modern development codes to ensure the maintenance and preservation of different types of open space while at the same time conforming to the requirements of the federal law on exactions and the imposition of conditions of approval on development. . . 89 In many respects, the regulations will also distinguish the Rural and Agricultural Areas of the County through the requirement that most residential development occur as conservation subdivisions, which requires a significant amount of open space to be set aside.
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Part V: Modernize the Regulations and Incorporate Best Practices Section V.F Roadway Design, Mobility, and Connectivity
requirements than mixed-use, commercial, or industrial development, and the open space is more focused on recreational uses. Regardless of the location and type of development, standards should ensure that required open space is usable and functional for designated open space purposes—and not merely consist of undevelopable “leftover” land. This can be achieved by adding locational and design rules governing the location, configuration, and usability of the open space (perhaps building on those rules applicable to open space in conservation subdivisions). Those rules would give priority to protecting natural hazard areas, natural resources, environmentally sensitive areas (e.g., floodplains, wetlands, riparian buffers), and agricultural lands and woodlands. They would also provide for the extension or expansion of certain types of adjacent open spaces (e.g., greenways and linear parks) with public access. This set of open space standards would also include provisions allowing payment of a fee or provision of structural open space amenities in-lieu of providing required open space (as do current parkland requirements), as well as provisions addressing the ownership of and maintenance responsibilities for required open space, whether the open space is owned and maintained by a public entity, nonprofit conservation organization, or property owners’ association. We also suggest that the County consider revising the current parkland dedication requirements applied to single-family residential subdivisions by the Subdivision Regulations to mirror the open space setaside standards in the Zoning Ordinance—i.e., requiring open space as a percentage of subdivision site area, allowing required open space to be public or private, and referencing the same standards for the usability of required open space and options for in-lieu payments or provision of facilities.
F. ROADWAY DESIGN, MOBILITY, AND CONNECTIVITY 1. Background: The Zoning Ordinance, Subdivision Regulations, and the Specifications and Standards in Roadways Manual The County’s Specifications and Standards for Roadways and Bridges Manual (“Roadway Manual”) is the official document for street and roadway design, as stated in the current Subdivision Regulations (see Sec. 24-123, Subdivision Regulations). It defines the roadway functional classification system in use in the County as well as design standards to be Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
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used on all roadway types, especially for such components as drainage, geotechnical requirements for the roadway subgrade, and lighting for new and existing public streets. Section III of the Roadway Manual provides standard cross-sections for different roadway types, typical sections for driveway entrances, requirements for traffic control devices, and standards for streetscape and sidewalks. Tables I-1 and I-2 in Section III specify the basic roadway design standards for the different road classifications. These follow a straightforward matrix format that allows easy identification of the needs for any roadway designs. The Zoning Ordinance includes little reference to these standards, so the code user must be aware of and them and review the Roadway Manual to determine the roadway design requirements. While the general intent of the Roadway Manual is to develop a unified set of roadway design types, the establishment of mixed-use zones and transitoriented development standards in the Zoning Ordinance highlights that the Roadway Manual is not “synched” with the Zoning Ordinance and Subdivision Regulations to address the specific needs for mixed use development and walkable urbanism. Currently the Zoning Ordinance supports these needs through the establishment of CDZs, mixed use zones, and TOD zones, all of which require discretionary, lengthy, and complex review processes, because the Roadway Manual or other County regulations do not include specific standards on these topics. For example: o
Street Connections
Subtitle 27A includes requirements for block standards that specify a maximum perimeter length of 1,300 feet. The regulations do not specify additional requirements for street connectivity in terms of a connectivity index, or the relationship between street segments and intersections.90 It also defines basic standards and requirements for cross-access between sites and especially their parking facilities. They, however, do not include requirements or specify how development might contribute to a street network in order to mitigate traffic impacts and promote walking for short trips.
A number of the other floating zones in the Zoning Ordinance (especially the urban centers and urban corridors zones) recognize the importance of a connected road network; however, their standards are general, and they are reviewed as part of a lengthy, discretionary review process.
There is, however, as noted above, no specific and uniform treatment of road connectivity requirements in the regulations that can be applied to all development in the County.
90
The block perimeter requirement is a similar (and in many ways more intuitive) way to establish a basic degree of connectivity.
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o
Pedestrian Connections
Sec. 27-290.01 of the Zoning Ordinance (the Expedited TransitOriented Development process) calls for certain types of pedestrian pathways, on-street sidewalks and general road section and network design to promote pedestrian activity. However, these requirements are very general.
M-X-T Zone regulations include a series of requirements for pedestrian connections, such as separated walkways through surface parking facilities, the location of sidewalks connecting uses along roads, and the use of enclosed pedestrian arcades in certain kinds of development. However, they are not clear about how to achieve these pedestrian connections, especially as they interface with the public right-of-way and existing sidewalks and other pedestrian facilities.
Requirements for how these facilities should be integrated into a road section or into the overall road network are elaborated more clearly in Subtitle 27A, where regulating plans are allowed to define these connections and establish a street hierarchy.
None of these regulations are coordinated with the Roadway Manual.
In addition, while the roadway design standards in the Roadway Manual currently provide for a range of street types representing a full functional classification system, they do not provide extensive detail or special standards or flexibility to respond to particular land uses contexts, and do not require establishment of the key elements needed for walkable urbanism, like: •
On-street parking;
•
Sidewalks;
•
Pedestrian features; and
•
Protected bicycle lanes on rural roads, which are an important way to connect less compact, walkable development to walkable centers through non-motorized travel modes.
They also do not fully reflect the intent of the County’s recent Green Streets policy adopted in 2012, since they do not specify construction or materials to be used in such features as bioswales, rain gardens, impervious surfaces and other design measures intended to reduce the environmental impact of streets. The establishment of alternate streetscape standards in these zones has rarely been aligned with the Roadway Manual, and the Roadway Manual has rarely been updated to support a master or sector plan. The result of this current regulatory environment is that the regulations that can support walkable urbanism (comprehensive design zones, TransitOriented Development zones, and the mixed use zones) require an
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approval process that is discretionary, lengthy, and subject to negotiation without clear standards. This makes gaining development approval for walkable urbanism more difficult than other less preferred forms of development in the Centers. At a minimum the new regulations must “level the playing field.”
2. Modify the Development Regulations and Roadway Manual To modernize the roadway design and road and pedestrian circulation standards in the Subdivision Regulations, Zoning Ordinance, and Roadway Manual to implement Plan 2035, make the regulations easier to use, and “level the playing field” for walkable urbanism projects, we suggest the following changes be made to the current regulations. First, establish a basic but fairly precise set of street design standards, either in the Subdivision Regulations or in the Roadway Manual that would apply in the Regional Transit Districts (and Downtowns) and Local Transit Centers that establish the following for these zones:
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o
Basic roadway design and roadway cross sections, specifically through an additional set of cross-sections (beyond those illustrated in Section III, Category 100) that define roadway design standards for streets intended to provide more of a local circulation function with an emphasis on pedestrian activity and on-street parking. At present, key street design factors for compact, mixed-use development are not accommodated in all typical sections of the Roadway Manual Section III, Category 100.
o
Basic street network and connectivity standards.
o
Basic pedestrian network and connectivity standards.
o
Requirements for where street connectivity can interface with streets and roads of a higher functional classification, with more controlled access. For example, if a local street network requires a certain level of spacing between streets or maximum block faces, flexibility and clear direction should be provided for how reductions in minimum access spacing standards on arterial roadways bounding a development would be addressed, since these arterial roadways typically require greater spacing between intersections.
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o
Flexibility provisions that allow the applicant to submit plans for alternative compliance, subject to specific threshold limits and standards to ensure they support walkable urbanism.
Second, further improve coordination between the Roadway Manual and the Zoning Ordinance by referencing in the Zoning Ordinance the street hierarchy and street design standards in the Roadway Manual (This would place the user on notice of the street design standards in the Roadway Manual.) Third, include a basic set of community form standards in the Subdivision Regulations that apply to all new development outside the Regional Transit Districts and Local Transit Centers, unless exempted, that ensure new development establishes a basic development template that supports strong street and pedestrian networks that are well connected. Suggestions for the types of standards to include in these new regulations are outlined in Table 16: Potential Community Form Standards.
TABLE 16: POTENTIAL COMMUNITY FORM STANDARDS Standard
Potential Requirements Require private streets to be built to public street design and construction standards All “local” streets be designed for maximum speeds (e.g., of 25 miles an hour)
Roadway Design
Street Connectivity Standards
Roundabout intersections, raised crosswalks, a grid pattern, or a modified grid pattern be encouraged New development be designed and located to accommodate arterial and collector streets identified on the County’s long-range transportation plan Development be designed and located to front onto a street and feature appropriate streetscape elements and dimensions to allow access for vehicles and pedestrians Application of a street connectivity index or block perimeter requirement, to ensure a minimum level of street connections Where allowed, cul-de-sacs not exceed a maximum length of 500 feet, and provide pedestrian access to any adjacent pedestrian system or other local streets The average block length in a development (when blocks are used) not exceed 1200 feet,-- except in cases where environmental constraints (e.g. wetlands, streams, and severe slopes) make it impossible or impracticable to design such block lengths Minimum external street connectivity, by requiring a roadway connection be provided for new development at least every 1,250 to 1,500 feet for each direction (north, south, east, west) in which the development abuts a similar or compatible use Require at least two ingress/egress points from all subdivisions with 50 units or more
Minimum Number of Entry Points
Require one additional entry for every 200 dwellings Limitations on placement of driveways within 500 linear feet of an entrance/exit to the subdivision Interrupt long straight street segments over 1,200 feet in length
Traffic Calming Techniques
Utilize street jogs, off-sets, and mini-roundabouts at intersections of local streets Require curvilinear street design along portions of grid streets Use chicanes, neck-downs, and medians along wide streets
Sidewalks
Allow alternatives to sidewalks when an alternative (such as a greenway or multipurpose trail) is available and would offer increased pedestrian connections Sidewalks be provided on both sides of every street, except in cases where environmental or topographic features make such provision impractical, when a nearby trail or other public pedestrian way can serve the same function as a sidewalk, or the development lies on an arterial or major collector road, and there are no connecting sidewalks within 500 feet Connections be made to existing or planned sidewalks at the property boundaries
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TABLE 16: POTENTIAL COMMUNITY FORM STANDARDS Standard
Potential Requirements Sidewalks be provided along both sides of every street designated as a transit route
Lot Access Standards
Ensure flag and cul-de-sac lots are configured to maintain adequate minimum access to accommodate driveways and public infrastructure (where necessary) Recognize the ability of a corner lot to reorient driveways to one side or another in an effort to preserve safety or traffic carrying capacity Driveways not have direct access to arterial streets unless no alternative means of access (e.g. alleys or parallel access streets) exists, and it is unreasonable or impractical to require a parallel access street from an adjacent arterial Driveway access to collector streets be limited
Cross Access Standards
Driveway access in residential zones be prohibited from areas with lot widths that are 50 feet or less for pedestrian safety and aesthetic purposes (access to be provided by alleys) All non-residential and multi-family development be designed to allow for cross access (across or through vehicular use areas) to adjacent sites with compatible uses (to encourage shared parking and shared access to streets) -- except in situations where environmental, topographic, or safety hazard issues make it impossible or impracticable
G. EXTERIOR LIGHTING Prince George’s County’s current exterior lighting standards also need significant revision, updating, and coordination. The most general existing lighting standards are found in Sec. 27-274(a)(3) Site Plans, which contains seven “should” statements about lighting guidelines, none of which contain objective or enforceable standards. Scattered and inconsistent site and situation specific standards are also found throughout the code. Sec. 27-562 on parking lot lighting contains two sentences requiring adequate lighting and residential glare; Sec. 27-330.02, Adaptive Use of Historic Site, contains one sentence about subdued lighting; Sec. 27-341.01, 342, and other use-specific regulations sometimes contain requirements for security lights or for submittal of a lighting plan; Sec. 27-440, R-H Zone, and other zone regulations contain maximum light pole height limits for that zone. Most of these scattered provisions use narrative descriptions rather than objective standards, and few are enforceable (at least without significant effort to prove a violation of a vague standard). The irony is that clear and enforceable exterior lighting standards are not hard or lengthy to draft. One or two pages of objective, measurable standards can address all of the key issues of concern for most urban and rural areas, including:
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Mandatory use of full cutoff light fixtures to prevent light overflow and glare on adjacent lands. Sometimes these standards exempt very rural areas, while other ordinances make a point of including those areas in order to achieve “dark sky” goals.
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Part V: Modernize the Regulations and Incorporate Best Practices Section V.H Noise
Minimum energy efficiency standards, all of which are achievable through off-the-shelf products.
Minimum and maximum foot-candle limits to ensure adequate lighting of public and parking areas, and to prevent glare.
Maximum light fixture pole or mounting heights that vary for different development contexts (shorter in residential areas and taller in industrial areas).
Prohibitions on canopy lighting that extends below the edge of the canopy.
Prohibitions on full floodlighting of uniquely colored or designed facades (which turns an entire building façade into a form of signage).
Prohibitions on the uplighting of signs, monument features, buildings, and the like.
Light uniformity standards, to ensure that parking areas and pedestrian areas do not create edges where brightly lit areas are adjacent to dark areas (which provide opportunities for crime and mischief).
Although many of these standards are fairly well established in modern codes, some important advances are in the works. The International Dark Sky Association is scheduled to release its new “BUG” (Backlight, Uplight, and Glare) standards in 2015, which will incorporate lessons learned from earlier versions of the Association’s lighting standards. This timing will allow us to present and discuss whether some version of those standards should be included in the new Zoning Ordinance to preserve the character of residential and rural areas of Prince George’s County. We recommend the County update its lighting standards to address each of these features, and that the standards vary to distinguish:
The Centers (Regional Transit Districts (including the Downtowns), the Local Transit Centers, Neighborhood Centers, Town Centers, and Campus Centers); and
All other areas in the County.
H. NOISE The current Zoning Ordinance includes few provisions requiring consideration of noise among the potential adverse impacts a new development might have on adjacent development. The Subdivision Regulations contain a broad provision in Sec. 24-121, and many master plans and sector plans contain language regarding the proper placement of essential uses in relation to noise generators (or the need for noise mitigation, if needed). Part 18, Interim Land Use Controls, of the Zoning Ordinance, recognizes the noise impacts of aircraft using the Joint Base Andrews Naval Air Facility Washington. Within noise areas around the
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
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Part V: Modernize the Regulations and Incorporate Best Practices Section V.I Building Form and Design Standards
base, the interim controls restrict and/or require use of noise reduction construction techniques for new residential and other development that is sensitive to noise. We suggest these requirements and controls be carried forward in the new Zoning Ordinance and Subdivision Regulations.
I. BUILDING FORM AND DESIGN STANDARDS 1. Current Form and Design Standards In discussing urban design, Plan Prince George’s 2035 states that the Zoning Ordinance has been unable to reverse development trends that have eroded the County’s sense of place, ignored the historic context of its communities, and dismissed the importance of centers and the activities that take place there. It goes on to say that the Zoning Ordinance has been an impediment to creating walkable urbanism and compact, high-quality, and mixed-use places, and that the County has relied on sector plans and master plans implemented by Transit District Overlay (T-D-O) and Development District Overlay (D-D-O) zones to compensate. Plan 2035 characterizes these T-D-O and D-D-O zones, in combination with the associated Sector or Master Plan, as small Zoning Ordinances to control the type and appearance of development, each of which results in a set of unique regulations—a situation that makes the development review process difficult to understand and navigate, complex, unpredictable, and costly. The Sectional Map Amendment (SMAs) for the Green Line Station Area Sector Plan characterizes the situation in respect to transit area development in a similar manner: “The available zones currently in the Zoning Ordinance, including the recently established Chapter 27A entitled Urban Centers and Corridor Nodes Development and Zoning Code, will not implement the recommended land use plan for the station areas or provide a more predictable and timely development review process as repeatedly requested by the developers who participated in this planning process. Most of the mixed-use options are process intensive with site plan review and associated public hearings, functional overlays, and other required hurdles. Developers interviewed during this planning process indicate their reluctance to engage in development in the station areas due to the uncertainty and risk associated with these existing processes. In addition to process concerns, few of the existing available zoning districts allow real flexibility in the basic use of property or other benefits often allowed in transit station areas such as reduced parking requirements and additional building height and density by right.”91
91
Preliminary Southern Green Line Station Area Sector Plan and Sectional Map Amendment. The Maryland-National Capital Park and Planning Commission. May 2013. p. 56.
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Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
Part V: Modernize the Regulations and Incorporate Best Practices Section V.I Building Form and Design Standards
a. Form and Design Standards in Master and Sector Plans Recognizing that most design standards applied by the County are in sector and master plans rather than in the Zoning Ordinance, we evaluated the form and design standards contained in a sample of eight approved master and sector plans and associated zoning/SMAs. They included:
Capitol Heights Transit District Development Plan and T-D-O Zoning Map Amendment;
Port Towns Sector Plan and Sectional Map Amendment;
New Carrollton Transit District Development Plan and T-D-O Zoning Map Amendment;
Central US 1 Corridor Sector Plan and Sectional Map Amendment;
City of Mount Rainier Mixed-Use Town Center Development Plan;
Greenbelt Metro Area and MD 193 Corridor Plan and Sectional Map Amendment;
Southern Green Line Station Area Sector Plan and Sectional Map Amendment; and
Largo Town Center Sector Plan and Sectional Map Amendment.
Our conclusions are summarized below:
The types of form and design standards in the various plans most commonly included the following categories of standards: •
Building form and building envelope standards;
•
Architectural standards;
•
Parking facility standards;
•
Street and streetscape standards; and
•
Public space standards.
Standards and decision criteria addressing the same aspect of design are not consistent among the plans.
Decision criteria used for form and design standards vary among the plan areas. Design standards are often keyed to defined character areas or subareas, with standards for subareas closest to transit stations tailored to a more urban character and those for surrounding subareas tailored for a less urban character and reflecting the suburban character of existing development.
Mandatory standards are separated from discretionary guidelines, which creates gaps in how the various aspects of design were
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Part V: Modernize the Regulations and Incorporate Best Practices Section V.I Building Form and Design Standards
addressed and made it more difficult for users to understand all the criteria governing any one aspect of design.
Design standards include practical exemptions for certain uses and conditions to prevent undue hardship to existing landowners, tenants, and residents.
LEED certification or an equivalent rating system is often required for new or renovated buildings with more than 10,000 square feet of floor area—a requirement that may be discouraging development or pushing it outside the areas.
Design standards for many areas reference Crime Prevention Through Environmental Design (CPTED) guidelines.
Design standards include limited diagrams and images other than building envelope diagrams to help illustrate measurements or show the intended result.
b. Form and Design Standards in Subtitle 27A We also evaluated the form and design standards in Subtitle 27A, Urban Centers and Corridor Nodes Development and Zoning Code. Below is a summary of our findings of those standards in terms of their appropriateness for center development:
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In addition to special procedural provisions, Subtitle 27A included the following types of form and design standards: •
Building envelope standards: façade composition, building size, building frontage, and building elements.
•
Urban space and recreation standards: street types, sidewalks, and open spaces (the public realm).
•
Architectural standards: building configuration, materials, and function.
•
Parking and loading standards (addressed in this report in Section V.C, Off-Street Parking and Loading).
•
Building function: allowable uses.
The standards are often hard to understand, and would benefit from informational diagrams and tables and more consistent terminology.
Building envelope standards might benefit from relating to building types rather to building use, and being more flexible in terms of their applicability to different locations and conditions.
Architectural standards should be based on certain building characteristics (e.g., building type, size, or scale).
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Part V: Modernize the Regulations and Incorporate Best Practices Section V.I Building Form and Design Standards
c. Form and Design Standards in Village Zone Regulations Design-related regulations for the Village Zones currently include general guidelines encouraging:
Articulation of front building façades;
Intermixing of roof types;
Use of natural materials for facades and roofs;
Compatibility with the design features of surrounding residential development; and
Streetscape elements that are visually harmonious with adjacent buildings and open space.
They also include minimum façade-to-frontage requirements for storefront buildings. d. Form and Design Standards in Urban Center District Regulations Regulations for the Urban Center (UC) Districts established in Subtitle 27A include building envelope standards addressing:
Frontage length;
Building entries;
Façade composition (articulation, materials);
Building footprint;
Building height (ground floor and upper floors);
Percentage of building façade along build-to lines;
Maximum buildable area;
Parking setback lines; and
Fenestration façade coverage. •
They also include architectural standards addressing:
•
Building wall materials;
•
Configuration of wall openings;
•
Roof materials;
•
Configuration of roofs and roof features (cornices, dormers); and
•
Materials and configuration of windows.
Other than those noted above, the only other building placement and designrelated standards (other than minimum yard depth and maximum building height standards) are established as part of the individualized plan approval that occurs as part of rezonings to a floating zone or a T-D-O or D-D-O zones.
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Part V: Modernize the Regulations and Incorporate Best Practices Section V.I Building Form and Design Standards
2. Proposed Form and Design Standards In response to these assessments, Plan 2035 calls for the rewrite of the Zoning Ordinance to include a comprehensive set of modern and userfriendly urban form and design standards that promote sustainability, allow for creativity and individuality, respect context, and obviate the need for individualized design-related overlay zones. In addition to ensuring development is designed around an interconnected street network (see Section V.F, Roadway Design, Mobility, and Connectivity, of this report) and incorporates appropriate transitions between higher intensity development and surrounding lower-density residential neighborhoods (see Section IV.A.2, Neighborhood Compatibility Standards, of this report), such urban design standards are to include block size, building placement, and density requirements that support walkable, mixed-use development in Centers and orient and relate building frontages, rather than parking, to the street. To achieve Plan 2035’s call for modern and user-friendly urban form and design standards that remove the need for use of the discretionary, timeconsuming, and uncertain floating zones, we suggest that the new Zoning Ordinance include a set of building organization and design standards for each of the following areas: o
Regional Transit District zones;
o
Local Center zones (Local Transit Center, Neighborhood Center, Town Center, and Campus Center)
o
All others areas of the County, which might vary by context, for:
Multifamily development; and
Mixed-Use and Nonresidential Development (including “big-box” retail).
a. Form and Design Standards for Regional Transit District Zones Standards for the Regional Transit Districts would be the most comprehensive, addressing a wide range of design features in the greatest detail so as to ensure development of a pedestrian-friendly and human-scale environment with a strong sense of place. Table 17: Potential Regional Center Form and Design Standards, lists the types of form and design standards we suggest for the Regional Transit District zones and Planned Development.
TABLE 17: POTENTIAL CENTER FORM AND DESIGN STANDARDS Standard
Potential Standards
Building Form Standards (to control building types and how they impact the public realm; may vary with frontage type) Build-to line / build-to zone / minimum and maximum building setbacks Allowed encroachments beyond build-to line / build-to zone / minimum setback Building Placement Minimum percentage of street frontage with front building façade to building line / build-to zone / minimum setback (to encourage interactions with pedestrian traffic) Maximum and minimum building height Building Height Minimum heights of ground-floor and upper-floor levels
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Part V: Modernize the Regulations and Incorporate Best Practices Section V.I Building Form and Design Standards
TABLE 17: POTENTIAL CENTER FORM AND DESIGN STANDARDS Standard Building Types Entrances Uses Parking Form Standards Parking Placement Parking Structures
Potential Standards Step back of upper floors Allowed and required character-defining building types (e.g., shopfront, civic) Location and orientation of primary entrances (as accessible focal points) Uses relative to floor (e.g., civic uses and ground-floor retail) Location relative to buildings Parking lot setback Wrap ground level with retail, office, eating/drinking, or entertainment uses (or incorporate façade articulation features) to encourage pedestrian activity and avoid adverse visual impact)
Architectural Standards Minimum wall offsets or other façade articulating features (projections or recesses, changes in texture or color, awnings, vertical accent features) to avoid monolithic facades and add visual interest Minimum percentage of front façade area covered by windows and doors (Separate for ground-floor façade and upper-floor facade) (to encourage Transparency/ interactions with pedestrian traffic) (plus similar standards for facades facing open Fenestration spaces and the transit station) Location of windows and doors in relation to building corners and one another Types and material of roof forms, pitch of sloped roofs, dormers, gables, skylights Variation in roof forms and parapet heights (to add visual interest and avoid Roofs uniform rooflines) Screening of roof-top mechanical equipment Allowed or required building design elements (storefront, arcade, porch, stoop, Design Elements forecourt, gallery, balconies)gables, dormers, skylights) Public Space Standards (to control the physical form of squares, parks, the public right-of-way of streets, and other public spaces) Gathering Spaces Required outdoor gathering spaces (e.g., courtyards, plazas) Minimum sidewalk width Required or allowed street furniture (street lamps, benches, kiosks) Streetscape Use of sidewalk for dining, sales, etc. (size, relationship to pedestrian traffic flow, hours, enclosure) Façade Articulation
Form and design standards for the Regional Transit District would incorporate variations recognizing the different characters of the District’s core subzone (e.g., higher intensity, more pedestrian-oriented, greater degree of use-mixing, more nonresidential) and the edge subzone (less intensity, some auto-oriented development, less use-mixing, more residential). These form and design standards generally would either be quantifiable and measurable (as with setbacks and heights) or provide developers a choice—i.e., “building facades shall be articulated through use of at least three of the following features: …” Form and design standards for the Regional Transit District and Planned Development zones could incorporate many of the form-based zoning features found in the current Urban Center (UC) zones, though not necessarily all of their detailed architectural design standards. b. Form and Design Standards for Local Center Zones Because Local Center zones are intended to be less intense versions of compact, mixed-use, and walkable centers, form and design standards Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
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Part V: Modernize the Regulations and Incorporate Best Practices Section V.I Building Form and Design Standards
for the Local Center zones would include the same basic framework of standards as for the Regional Transit zones, although perhaps to a slightly lesser extent and not necessarily focused primarily on transit stations. As with the Regional Transit District standards, the form and design standards applicable to development in the core subzone may vary somewhat from those applicable to development in the edge subzone. Also, like in Regional Transit District zones, form and design standards will be either measurable or choice-based, and may incorporate some of the current UC zones’ form-based standards. c. Form and Design Standards for Other Areas of the County We suggest limiting form and design standards for all other areas of the County to multifamily standards and mixed-use and nonresidential standards, distinguishing between areas “inside the beltway” and the other areas of the County. They would be more basic than standards for the Centers—addressing fewer form and design elements, and in less detail. Table 18: Potential Multifamily Design Standards, provides a sampling of the types of multifamily form and design standards we suggest be included.
TABLE 18: POTENTIAL MULTIFAMILY DESIGN STANDARDS Standard
Potential Requirements
Building Orientation and Configuration Building Size Building Facades
Roofs
Materials
Parking Placement and Configuration
Transition
Storage and Service Areas
Open Spaces
Orient primary building entrance to a street or open space area (e.g., courtyard) rather than a parking area, where practicable Avoid long linear corridors and hidden entrances Limit the length and footprint area of individual buildings Provide wall offsets and other articulation features (recessed entrance, covered porch, pillars and columns, bay windows, eaves, integrated planters) along long building facades Limit pitch of sloped roofs Conceal flat roofs with parapets Locate and configure roof-based mechanical equipment to minimize view from street Provide changes in building material where building forms meet Locate heavier façade materials below lighter materials Limit parking areas between buildings and the streets they face Locate guest and overflow parking for townhouse units to side or rear of the building with the unit Limit frontage taken up by parking located to the sides of buildings Locate detached garages to the side or rear of buildings Limit the size of multifamily structures within 100 feet of single-family homes; also establish rules governing roof treatment, glazing, and façade treatment in the edge areas adjacent to single-family development. Locate storage buildings, garbage and recycling facilities, and other service areas to be conveniently accessible to residents, yet minimize noise and odor impacts on the residents and on adjacent residential development Enclose or otherwise fully screen outdoor garbage and recycling facilities, and other outdoor service areas to minimize views from dwelling units and adjacent residential development Locate and configure open spaces so they are visible from dwelling units
Table 19: Potential Mixed-Use and Nonresidential Design Standards, identifies the types of form and design standards we suggest the County consider for mixed-use and nonresidential development.
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Part V: Modernize the Regulations and Incorporate Best Practices Section V.I Building Form and Design Standards
TABLE 19: POTENTIAL MIXED-USE AND NONRESIDENTIAL DESIGN STANDARDS Standard
Building Orientation and Configuration
Building Facades
Transparency
Roofs
Parking Placement and Configuration
Storage and Service Areas
Open Spaces
Transition Operational Hours
Potential Requirements Orient buildings to front streets, not parking areas Orient around a central spine street or accessway (for multi-building developments) Locate and configure outparcels and their buildings to define street edges, development entry points, and gathering spaces Use design features (canopies, recesses, arcades, raised parapets, roof forms, adjacent display windows) to establish clearly defined, highly visible, primary building entrances Use design features to configure tall buildings with a clearly recognizable base, middle, and top Provide wall offsets and other articulation features (changes in color, recessed entrance, awnings, pillars and columns, bay windows, eaves, integrated planters) along a long front building facade and along facades facing residential development Incorporate windows and doors along the front building facade to cover a certain percentage of the façade area (with separate standards for ground floors and upper floors) Ensure ground-level windows that are transparent, allowing views into the building Provide a variety of three or more sloping roof planes Incorporate roof line changes reflecting the required façade massing changes Locate and configure roof-based mechanical equipment to minimize view from street Locate surface parking areas to the side or rear of buildings or limit parking areas between buildings and the street Limit frontage taken up by parking located to the sides of buildings Organize large surface parking lots into a series of parking bays surrounded by buildings, landscaped medians, or accessways designed to look like streets Locate storage buildings, garbage and recycling facilities, and other service areas to be conveniently accessible to occupant, yet minimize noise and odor impacts on the occupants and on adjacent residential development Enclose, incorporate into overall building design, or otherwise fully screen outdoor storage, garbage and recycling facilities, and other service areas from view from the street and adjacent residential development Provide outdoor gathering spaces such as courtyards, plazas, pocket parks Provide pedestrian amenities such as plazas, seating areas, or gathering spaces between buildings Locate and configure open spaces so they are visible from buildings Limit the size of nonresidential structures within 100 feet of single-family homes; also establish rules governing roof treatment, glazing, and façade treatment in the edge areas adjacent to single-family development. Limit the hours of operations involving outdoor areas adjacent to residential development
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
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VI. ANNOTATED OUTLINES OF NEW ZONING ORDINANCE AND SUBDIVISION REGULATIONS This part of the report provides an overview of the proposed structure and general substance of the new Zoning Ordinance and Subdivision Regulations if the issues identified in Parts II through V of this report are addressed as suggested. As part of the review and discussion of this report, the County can provide more detailed direction about the nature and scope of the new ordinances and specific provisions. When this process is completed, the Clarion team will undertake the actual drafting of the new Zoning Ordinance and Subdivision Regulations. The following pages present a general outline for the new Zoning Ordinance and Subdivision Regulations. We view these annotated outlines and the previous parts of this report as vehicles for helping to define expectations about what is to be accomplished in the new Zoning Ordinance and Subdivision Regulations before we begin the detailed drafting work. In addition to providing a road map for drafting the new ordinances, these outlines provide organizing frameworks for continued conversations with the County about key zoning and development regulation issues. This material is presented as a starting point for subsequent discussions.
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
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Part VI: Annotated Outlines of New Zoning Ordinance and Subdivision Regulations Zoning Ordinance - Division 27-1: General Provisions
SUBTITLE 27. ZONING ORDINANCE The sidebar outlines the proposed new Zoning Ordinance structure, which is composed of eight new divisions. The Zoning Ordinance is expected to continue to occupy Subtitle 27 of the County Code of Ordinances.
Subtitle 27: Proposed Zoning Ordinance Structure Division 27-1 General Provisions Division 27-2 Administration
DIVISION 27-1. GENERAL PROVISIONS
Division 27-3 Zones and Zone Regulations
General Commentary: This Division contains important general provisions that are relevant to the Zoning Ordinance as a whole. While many of these provisions are in the current ordinance, they are found in different Parts and sections. They will be consolidated here. Division 1 plays an important part in making the ordinance user-friendly by including certain overarching principles and establishing a clear basis for the authority by which the ordinance is adopted, its administration, and its substantive regulations. These “boilerplate” sections define the title of the document, the legal authority by which Prince George’s County regulates land use and zoning, and the general purpose statements for the ordinance. It will clarify who is subject to the ordinance regulations, include new transitional regulations that are necessary with any code revision in order to address the status of land with pending applications or existing approvals, and land with outstanding violations.
Division 27-4 Use Regulations
Section 27-1.100. Title This section would carry forward and build on Sec. 27-101, Title, of the current ordinance. It will set forth the official name by which the Zoning Ordinance may be cited (e.g., “The Zoning Ordinance of Prince George’s County”) as well as any acceptable shortened references (e.g., “this Ordinance” or “the ZO”).
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Division 27-5 Development Standards Division 27-6 Nonconformities Division 27-7 Enforcement Division 27-8 Definitions APPENDIX
Division 27-1: General Provisions Section 27-1 Title Section 27-1.200 Authority Section 27-1.300 General Purpose and Intent
Section 27-1.400 Applicability and Jurisdiction
Section 27-1.500 Implement and be Consistent with General Plan
Section 27-1.600 Relationship with Other Laws, Covenants, or Deed
Section 27-1.700 Official Zone Map Section 27-1.800 Transitional Provisions Section 27-1.900 Severability
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
Part VI: Annotated Outlines of New Zoning Ordinance and Subdivision Regulations Zoning Ordinance - Division 27-1: General Provisions
Section 27-1.200. Authority This is a new section and contains references to the authority by which the County has to adopt the Zoning Ordinance (Maryland Land Use Code, Title 25). It will also include a provision stating that if the ordinance cites a provision of the Maryland Code or federal law that is amended or superseded, the ordinance will be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section. Section 27-1.300. General Purpose And Intent A general purpose and intent section can inform decision-makers in future years about the intent of the District Council when they adopted the ordinance. This section replaces Sec. 27-102, Purpose, of the current ordinance. It will include statements from the state enabling legislation as well as relevant goal statements from Plan Prince George’s 2035 related to the County’s growth and development goals. Purpose statements related to the zones, the standards, and the procedures will be located in those specific provisions. Section 27-1.400. Applicability and Jurisdiction This section makes clear who is subject to the requirements of the ordinance. Generally, all development in the Maryland-Washington Regional District in Prince George’s County,92 unless expressly exempted in this section, or in other specific provisions of the ordinance. (For example, if certain types of development are exempted from specific development standards, the exemptions will be identified in the development standards section.) It will include a subsection based on Sec. 27-104, Minimum Requirements, that expresses that unless stated otherwise, the standards and requirements of the ordinance are minimum requirements. This section will also refer to the County’s standards for mandatory referral review of public projects in accordance with state law. Section 27-1.500. Implement and Be Consistent with General Plan This is a new section. It will set out the general legislative intent that one of the purposes of the Zoning Ordinance is to implement and be consistent with the adopted General Plan. The statement will be general in nature. Plan Prince George’s 2035 will not be specifically identified here as the General Plan will be updated over time, and its name might change. Section 27-1.600. Relationship with Other Laws, Covenants, or Deed Restrictions This section will build on Sec. 27-103, Conflicting Ordinances, of the current ordinance. It will provide that in case of conflict between the Zoning Ordinance and other legislative enactments of the federal government, the state, or County, the stricter provision shall apply, to the extent allowed by law. The section will also express that it is not the intent of the ordinance to annul private covenants, easements, or other agreements, but the ordinance establishes stricter requirements, they control. The section will also clarify that 92
Integrating Sec. 27-105, Territorial Application, of the current ordinance.
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Part VI: Annotated Outlines of New Zoning Ordinance and Subdivision Regulations Zoning Ordinance - Division 27-1: General Provisions
the County will not be responsible for monitoring or enforcing private easements, covenants and restrictions, though it may inquire into private easements and restrictions in reviewing development plans for the purpose of ensuring consistency with County requirements. Section 27-1.700. Official Zone Map This section incorporates by reference the Official Zone Map as well as any related maps. It builds on Sec. 27-102, Zoning Map, Sec. 27-111, Boundaries of Zones, Sec. 27-112, Newly Annexed Zones, and all subsections of 27-113 of Part 2, General, Division 3: Zoning and Zoning Maps (other portions of that Division will be incorporated in Division 3: Zones and Zone Regulations). The section will provide for amendment of the Official Zone Map upon the approval of a rezoning application. It will clarify that the Official Zone Map is now maintained in a digital format. It will also:
Incorporate and refine the provisions in the existing ordinance that relate to boundary interpretation (Sec. 27-111, Boundaries of Zones).
Clarify the Planning Director’s authority to interpret the Official Zone Map and determine where the boundaries of the different zones fall if in dispute. It will provide that appeals from the Planning Director’s interpretations of zone boundaries may be made to the Board of Zoning Appeals (BZA).
Outline the translation from the current line-up of zones to the new line-up of zones with the adoption of the new ordinance by including a table of the former zones along with the corresponding new zones and overlays being adopted with the new ordinance. Table 10: Suggested New Zone Structure, on Page III-16, which sets out the current base and overlay zones and how they could be treated in a new ordinance would serve as the basis for the translation table.
Section 27-1.800. Transitional Provisions The proposed Transitional Provisions section is a new section that establishes rules governing continuing violations of the ordinance, pending development applications at the time of ordinance adoption, and existing development approvals. More specifically, it provides subsections that provide the following:
Violations of the current regulations continue to be violations under the new ordinance (unless they are no longer considered violations) and are subject to the penalties and enforcement provisions set forth in Division 277, Enforcement.
Applications submitted after the effective date of the new ordinance are subject to the procedures and standards of the new ordinance.
Completed applications that are already in the development approval pipeline at the time of the adoption of the new ordinance may be processed under the provisions of the prior Zoning Ordinance. It will also state that if an applicant seeks to proceed under the standards in the new ordinance (instead of the regulations in place at the time the application was originally
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Part VI: Annotated Outlines of New Zoning Ordinance and Subdivision Regulations Zoning Ordinance - Division 27-2: Administration
submitted), the applicant may, but will need to withdraw the application and resubmit it.
Rules governing land subject to existing development approvals (special exception and special use permits, variances, departures, conceptual site plans, detailed site plans, and rezonings subject to a plan for development (e.g., CDZs, Mixed Use Zones)). o
Most communities establish a rule recognizing the validity of these existing approvals to proceed with development, as long as they comply with the terms and conditions of their approvals, and the rules in existence at the time of their approval. If, however, the landowner fails to comply with the terms and conditions of the approval or fails to meet established time frames, the approval expires, and development of the site becomes subject to the requirements of the new ordinance. In addition, substantial amendments to the approvals will subject the site to the new ordinance.
o
Because of the complexity of some of the approvals in the County, in particular those subject to rezonings and approval of a plan for development, special rules might need to be developed that either transition subsequent approvals required for the site to some degree of compliance with the new ordinance, or in some instances extinguish certain development rights. While these issues should be noted at this stage of the rewrite process, we suggest they be addressed in greater detail with staff, the Planning Board, and the District Council in particular, later in the drafting stage, as the project nears adoption.
All rules governing how existing approvals will be governed under the new ordinance will be established in this section. Section 27-1.900. Severability This section, similar to Sec. 27-106 of the current ordinance, declares that if any part of the Zoning Ordinance is ruled invalid, the remainder of the ordinance is not affected and continues to apply.
DIVISION 27-2. ADMINISTRATION General Commentary: For an ordinance to be effective, it is important that its development review process is efficient and that the community's substantive planning and development goals are embedded in the development review standards. An efficient process is achieved when the general framework for review is not redundant, the procedures used and the review standards included result in a reasonable degree of certainty, and the review process for each type of development approval is streamlined to the greatest extent possible without sacrificing assurance that the relevant substantive planning/development goals are used in making development decisions.
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Division 27-2: Administration Section 27-2.100 Advisory and Decisionmaking Bodies
Section 27-2.200 Standard Review Procedures
Section 27-2.300 Standards and Requirements for Development Applications
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Stripping the development review process of redundancy involves ensuring that the individual types of review achieve different and discrete procedural and substantive objectives. Too much overlap makes a code cumbersome and complex. Certainty is provided primarily through the establishment of clear review procedures, definite and understandable development review standards, and a balance of discretionary and more administrative review procedures. Streamlining is achieved in a combination of ways:
Consolidating the permit process so the applicant has fewer permits to obtain;
Reducing the number of review steps where possible; and
Allowing for increased administrative-level review instead of discretionary review when community planning/development goals are not sacrificed.
Assuring that the community's planning/development goals are embedded in the development review standards requires a close evaluation of an ordinance’s existing standards to ensure they are clear, sufficiently specific, and consistent with the substantive planning/development goals embraced by the community. These factors, all of which are relevant to the procedural efficiency and substantive effectiveness of a code's review procedures, are each considered in the design of this Administration division. As discussed in Section II.F, Streamline Review Procedures Where Appropriate, of this report, it consolidates all development review procedures. It also makes a number of changes to the development review procedures to simplify the review process and support Plan 2035 goals. This division includes sections on the following:
Advisory and Decision-Making Bodies, which summarizes the development review responsibilities of the review boards and key staff members.
Standard Review Procedures, which establishes a common set of review procedures for the review of applications for development approval.
Specific Standards for Development Approvals, which includes the specific review standards and any unique procedural review requirements for each individual application, and rules that apply to an application once it is approved.
Section 27-2.100. Advisory and Decision-Making Bodies General Commentary: The first section in the division identifies the advisory and decision-making bodies and staff responsible for the review and administration of development under the Zoning Ordinance. Provisions such as these help to establish clear lines of authority in the decision-making procedures. This section identifies the specific responsibilities of each review board or staff person. A detailed discussion of the reasons for this new structure is in Section II.F, Streamline Review Procedures Where Appropriate, of this
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report. The table in this section provides an overview of the new proposed development review procedures.
SUGGESTED DEVELOPMENT REVIEW PROCEDURES, PRINCE GEORGE’S COUNTY D = Decision R = Recommendation
93
94
C = Comment A = Appeal I = Initiation (If Other Than Applicant) < > = Public Hearing Required
Subdivision and Development Review Committee
96
DPIE
Municipalities
Historic Preservation Commission
95
Planning Staff
Planning Director
Board of Zoning Appeals
Zoning Hearing Examiner
District Council
Procedure
Planning Board
Review and Decision-Making Bodies
Master Plans or Sector Plans Master Plan or Sector Plan
I <D> [2]
<R> [1]
C
Amendments and Planned Developments Comprehensive Map Amendment and Text Amendments Text Amendment Countywide Map Amendment
C
C97
<R>
C
C96
<R>
<R>
C
C96
I <R>
<R>
C
<D>
<R>
Parcel Specific Map Amendment
<D>
<R>
Planned Developments – with Basic Plan [3][5]
<D>
Zoning Map Amendment – Chesapeake Bay Critical Area Overlay Zone
<D>
Sectional Map Amendment
Use Permits Special Exceptions [4][6]
<D>
C
Site Plans Major Site Plan Minor Site Plan
<A>
<D> <A>
<D>
C
C
C
C
Subdivisions Major Subdivision Preliminary Plan (Conventional)
C <D>
Final Plat
C
C
D
Minor Subdivision
<A>
D
Conservation Subdivision C100
Sketch Plan
93
A “recommendation” in the table refers to a formal recommendation that is typically a legally required step in the process, as opposed to a staff recommendation to a legally required review body. 94 All land use cases may be appealed to the Circuit Court after a review board decision. 95 Planning staff review is usually referred to as the “Technical Staff Report.” 96 Department of Permitting, Inspections, and Enforcement. A 2014 amendment transferred referral responsibilities to this Department. 97 If the land includes or is adjacent to a historic resource on a Historic Sites and Districts Plan. 100 The Planning Director must certify that a sketch plan was filed before the Planning Board considers the preliminary plan.
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SUGGESTED DEVELOPMENT REVIEW PROCEDURES, PRINCE GEORGEâ&#x20AC;&#x2122;S COUNTY D = Decision R = Recommendation
93
94
C = Comment A = Appeal I = Initiation (If Other Than Applicant) < > = Public Hearing Required
Preliminary Plan
<D>
Final Plat
Subdivision and Development Review Committee
96
DPIE
Municipalities
Historic Preservation Commission
95
C
D
Vacation of Plat
Planning Staff
Planning Director
Board of Zoning Appeals
Zoning Hearing Examiner
Procedure
Planning Board
District Council
Review and Decision-Making Bodies
C
C
<D>
C
Permits and Certificates Zoning Certification
<A>
D
Buildable Lot Letter
<A>
D
Use and Occupancy Permit
<A>
D
Temporary Use and Occupancy Permits
<A>
D
Grading Permit
<A>
D
Building Permit
<A>
D
Chesapeake Bay Critical Area Conservation Plan Minor Plan
D
Major Plan
D
C
C
C
C
Relief Procedures [9] Interpretations (Text, Uses, and Zone Map)
<A>
Variances
<D>
D C
Adjustments (Departures) Minor Adjustments [7]
<A>
Major Adjustments [8]
<D>
Validation of Permits Issued in Error
<D>
D <R>
Appeals
<D>
C
Enforcement Procedures Zoning Enforcement, Generally
<A>
Annulments of Map Amendment for Noncompliance with Conditions
<D>
I
<R>
Other Procedures Construction of Buildings within Planned Highways and Transit Routes
<D>
<R>
NOTES: [1] The Planning Board shall adopt the Master Plan or Sector Plan and issue a resolution of adoption. It shall then be transmitted to the District Council. [2] The District Council shall conduct a joint public hearing with the Planning Board before taking action on the Master Plan or Sector Plan. The District Council shall take action on the Master Plan or Sector Plan and issue a resolution. [3] The Planned Development Map Amendments would involve a consolidated procedure for all of the planned development discretionary review development options available for the Regional Transit District, Local Transit Center, Campus Center, Local Center, Employment Area, and other planned development zones. This procedure, in conjunction with the recommendations for the restructuring of the zones, will result in replacement of and a procedural streamlining and simplification of the current comprehensive design zones and mixed uses zones in the current regulations. [4] The revocation of special exception process is carried forward, but not included as a specific procedure; instead, it is proposed to be
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SUGGESTED DEVELOPMENT REVIEW PROCEDURES, PRINCE GEORGE’S COUNTY D = Decision R = Recommendation
93
94
C = Comment A = Appeal I = Initiation (If Other Than Applicant) < > = Public Hearing Required
Subdivision and Development Review Committee
96
DPIE
Municipalities
Historic Preservation Commission
95
Planning Staff
Planning Director
Board of Zoning Appeals
Zoning Hearing Examiner
Planning Board
Procedure
District Council
Review and Decision-Making Bodies
included in the actual review procedures for special exception. It is suggested that the process be initiated by DPIE, with a hearing and recommendation by the ZHE, and final decision by the Planning Board. [5] It streamlines the review steps from basically three or four to two. The first step in this process involves the approval of a rezoning with a Basic Plan; the second step involves the review and approval of a Major Site Plan. [6] Consolidates all special exception and special permits into one procedure – special exceptions. [7] Consolidates all departures (parking, landscaping, signs, dimensional standards) up to certain threshold for decision by Planning Director, appeal of decision to Planning Director. [8] Consolidates all departures (parking, landscaping, signs, dimensional standards) that are not minor departures for decision by Planning Board. [9] It is suggested that the certification of nonconforming use procedure be deleted, and that the Planning Director be authorized to determine whether a use, structure, lot, or sign is nonconforming (see discussion in Section , Nonconformities). The determination of the Planning Director on a nonconformity would be treated as an interpretation, and could be appealed to the Board of Zoning Appeals. This is the common best practice, nationally.
Section 27-2.200. Standard Review Procedures General Commentary: In the current Zoning Ordinance, a number of the procedures for development applications are set forth in individual permit processes. As is discussed in Section II.F.1, Establish a Set of Standard Procedures, of this report, the modern trend in zoning administration is to consolidate these procedures—which is what this section on “standard review procedures” does. It establishes the development review procedures for all development applications (if there are exceptions, they will be listed). Generally, the standard procedures guide the potential applicant through the rules governing who is authorized to submit applications and what are the application content requirements and fees, and through the actual application submittal and review stage (the pre-application conference, neighborhood meetings, application submission and completeness determination, staff review, scheduling the public hearing (if one is required) and public notification). Flow charts or other diagrams are included as aids to understanding the review process. Sec. 27-2-201. Authority to File Applications This subsection establishes the rules governing who can submit an application for development approval. Any exceptions to the rule for any particular types of applications for development approval are identified in this section. Sec. 27-2-202. Application Contents The existing Zoning Ordinance includes the various submittal and plan detail requirements for some of the development approval applications. This kind of information contributes to a longer and more cumbersome ordinance. It is proposed that Sec. 27-2.200, Standard Review Procedures, authorize the Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
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Planning Director to establish application requirements other than fees. It is also recommended that the new Zoning Ordinance follow the modern trend in zoning administration with respect to application forms and content requirements through use of a separate Procedures Manual, that the District Council authorizes the Planning Director to prepare for efficient administration of the ordinance. That way, the County can establish a Procedures Manual that sets out all of the application forms, contents requirements, and required plan elements, and easily amend it. Applicants can refer to the Procedures Manual, along with the input received at a pre-application conference (discussed below), to determine what materials and fees must be included in the application submission. Furthermore, the County will be able to respond much more easily to changing application requirement needs, since the application content requirements for a specific type of permit application can be modified by the staff in the manual without amending the Zoning Ordinance. Application contents and similar provisions can be relocated to an appendix of the Zoning Ordinance in the event the County does not wish to prepare a Procedures Manual. Sec. 27-2-203. Fees This subsection clarifies that the Planning Board or District Council, as appropriate, establishes fees, updates them from time to time as necessary, and provides for their inclusion in the Procedures Manual (or Zoning Ordinance appendix, if appropriate) upon adoption. The fees, along with other application content requirements, may then be listed in the Procedures Manual, which can be updated from time to time to reflect the changes in the fee structure. Sec. 27-2-204. Submission Schedule It is proposed that this subsection add a new provision that allows the Planning Director to establish a submission schedule that controls the timing for submission of applications for inclusion in the Procedures Manual (or Zoning Ordinance appendix). The Planning Director can then utilize the provision as appropriate to establish a submission schedule for all applications. A practical benefit to this approach is that the application submission schedule can be changed administratively, so that it is not necessary to amend the Zoning Ordinance every time modifications are needed. Sec. 27-2-205. Pre-Application Conference See Section II.F.1.b, Pre-Application Conference, of this report for detail on this new procedure. Sec. 27-2-206. Neighborhood Meetings See Section II.F.1.a, Neighborhood Meeting, for detail on this new procedure. Sec. 27-2-207. Application Submission The next step in the planning and development process—and what many persons consider the “beginning” of the development review process—starts with the applicant's submission of the necessary application and the required fee. This is followed by staff's review of the application to determine if it meets
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minimal completeness requirements, and then staff's review of the general merits of the application and preparation of a written staff report. We propose that all applications (both discretionary and non-discretionary) undergo a completeness review by planning staff. This process prevents staff’s and applicants’ time being wasted by substantive review of applications that are not complete. Sec. 27-2-208. Determination of Completeness This subsection establishes that the review of a development application is subjected to two increments of review. The first increment consists of receipt and review of the application to determine if it has the minimal amount of materials (application contents) so that staff can conduct an adequate review of the application; it is called a completeness determination. The provision requires that the determination be made within a reasonable period of time after receipt of the application, such as five or ten business days. The regulations should also specify how long an applicant has to correct a deficient application. If the application is found to be incomplete, the applicant is notified in writing with the specific deficiencies identified. The applicant may then correct the deficiencies, and resubmit the application within a defined time frame for completeness determination. We recommend the County avoid codifying any development application review time frames, but include this kind of information in a Procedures Manual so that time frames may be adjusted to changing conditions without need of a lengthy text amendment process. Actual substantive review of the application, along with preparation of an accompanying staff report, will not begin until the application is determined to be complete. See discussion in Section II.F.1.c, Application Completeness Determination Process, of this report. Sec. 27-2-209. Preparation of Staff Report Upon a determination of completeness, the second stage of review begins—the staff's evaluation of the application and preparation of a written staff report. The time frame for review of the application and preparation of a staff report varies between different types of development applications depending on their complexity; the time frames for review should be included in the Procedures Manual rather than legislated. Sec. 27-2-210. Scheduling Public Hearing The current Zoning Ordinance does not consolidate rules governing public hearing procedures for all applications for development approval. Instead, hearing procedures are established for some types of permit applications. This subsection establishes a consolidated set of public hearing procedures. Sec. 27-2-211. Public Notification This subsection consolidates public notification requirements for all applications subject to public notification requirements. Generally, public notification is required through publication in a newspaper of general circulation, mailing of
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notice to adjoining landowners, and on-site posting of notice. Specific requirements for each of these different types of notice are provided, and public notification requirements must comply with Maryland law governing the notice given for various types of permit applications. To the extent we can comply with state law while at the same time consolidating the notice requirements for the different types of applications for development approval, this subsection does so. The subsection also includes a new provision authorizing that notice for development applications be sent to persons or organizations who have registered to be notified. We have found it quite helpful in consolidating and simplifying notice requirements to use a table that spells out the general public notification requirements. We propose using that approach in this subsection. An example format of the table from another jurisdiction is reproduced here.
In addition, the notification requirements should take full advantage of technology. Where published or mailed notice is not required by state law, the ordinance will use online technology such as e-mail, ListServs, social media, or similar tools that avoid the time, cost and waste of printing, to notify the public. The Planning Departmentâ&#x20AC;&#x2122;s On-Line Permits Tracking System and Development Activity Monitoring System (DAMS) are useful tools for both applicants and the general public to track projects. As computers, tablets and smartphones have become common, there is no need (other than where required by state law) to engage mass mailings or print publications. Sec. 27-2-212. Conditions of Approval This new subsection describes generally the types of conditions that may be attached to certain forms of approvals granted under this division. The
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subsection only applies in those instances where the procedure expressly allows applications to be “approved with conditions.” This subsection is written to reflect the state law, federal law, and case law regarding condition of approval. It specifies that conditions imposed on proposed developments must be limited to those that are related in both type and amount to the impacts that the proposed development will have on the public and surrounding development, and that conditions may not be less restrictive than provisions in the Zoning Ordinance. Sec. 27-2-213. Notification to Applicant This subsection explains the various ways in which an applicant receives notification of a decision made by a decision-making body or person. Sec. 27-2-214. Deferral of Application This subsection establishes the rules governing when and under what circumstances an applicant may request the deferral of, or the County may defer an application. Sec. 27-2-215. Withdrawal of Application This subsection establishes the rules governing when an application can be withdrawn by the applicant, and what penalties occur, if any. It also establishes rules governing the administrative/staff withdrawal of an application that has been inactive for an established period of time. The subsection also establishes basic guidance concerning the timing under which the application fee for a withdrawn application may be refunded, and the review procedures for resubmitted applications containing substantial changes. Sec. 27-2-216. Examination and Copying of Application/Other Documents This new subsection establishes rules governing the examination and copying of application documents and related materials by members of the public. Sec. 27-2-217. Simultaneous Processing of Applications This new subsection provides that whenever two or more forms of review and approval are required under the Zoning Ordinance, applications for those development approvals may (at the option of the Planning Director) be processed simultaneously so long as all applicable state and local requirements are satisfied. The provision notes that simultaneous processing can lead to additional costs for the applicant. Any simultaneous procedures that are developed during the drafting process are set forth here. Sec. 27-2-218. Lapse of Approval These new “lapse of approval” provisions state that approval of a development application lapses if development is not commenced or a subsequent permit is not obtained within specified periods of time. Lapse provisions are included for all forms of development permits and approvals. Depending upon the specific type of approval, provisions for extension are also included, where appropriate. These specify that an applicant may request an extension (for a period up to a limit stated in the ordinance) by submitting a
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request prior to the expiration period, and that the extension is granted upon a showing of good cause by the applicant. Permits that are approved administratively may be extended administratively, while extensions for permits that are granted by a review board are required to be approved by the review board. Section 27-2.300. Standards and Requirements for Development Applications General Commentary: This third section in the Administration Division includes the specific review standards that are applied to each individual application for development approval, other unique procedural review requirements for each individual application if there are additional or different procedures apart from the standard review procedures, and the rules governing minor modifications and amendments. It broadens the line-up of current review procedures by adding information on interpretations, and other new approval procedures. Each approval procedure is accompanied by a review process flowchart. Sec. 27-2-301. Master Plan or Sector Plan This subsection shall set out the procedures for Master Plans or Sector Plans. Refinements will be made to the current process based on suggestions by staff and stakeholders. Sec. 27-2-302. Ordinance Amendment This subsection sets out procedures for four types of amendments to the Zoning Ordinance:
Countywide Map Amendments and Text Amendments, which consolidates procedures for text amendments, comprehensive map amendments and sectional map amendments—each of which is legislative and involves review and recommendation by the Planning Board and a decision by the District Council. . .
Parcel-Specific Map Amendments, which are quasi-judicial and involves review and recommendation by the Zoning Hearing Examiner, review and recommendation by the Planning Board, and a decision by the District Council.
Chesapeake Bay Critical Area Overlay Zone Map Amendments, which carry forward current quasi-judicial procedures involving review and recommendation by the Zoning Hearing Examiner, review and recommendation by the Planning Board, and a decision by the District Council.
Planned Development Zone Map Amendments, which consolidates all of the current planned development, MUPD zone, discretionary review development options available for rezoning to a Regional Transit District, Campus Center, or Local Center Planned Development Zone. This procedure revises current procedures to require submittal and approval of a Basic Plan and PD Agreement as part of the rezoning process, and subsequent major site plan approval by the Planning Board. (A PD Agreement is an agreement approved in conjunction with the PD zoning and Basic Plan that: specifies
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the relevant development parameters; establishes phasing (where relevant); and provides (where appropriate) specific form, development, and design standards unique to the planned development, conditions related to environmental mitigation and monitoring, how public facilities are provided to serve the planned development, and other related conditions of approval. Sec. 27-2-303. Special Exceptions This subsection consolidates current procedures for special exceptions and special permits (if appropriate) into a single special exceptions procedure that is reviewed and decided by the Zoning Hearing Examiner. The Zoning Hearing Examiner’s decision may be appealed to the Circuit Court. The number of special exception uses identified in the use regulations is also reduced to the extent current special exception uses are not necessary because:
The use is antiquated or irrelevant, or
The use’s external impacts can be sufficiently addressed by precise usespecific standards to allow it to be treated as a by-right use.
The procedure for revocation of special exceptions will also be included in the review procedure for special exceptions established in this section. Sec. 27-2-304. Major Site Plan This and the next subsection establish a new two-tiered level of review of the consolidation of conceptual site plans and detailed site plans. This subsection sets out a procedure for review of major site plans, which are required of developments exceeding specified thresholds for the type and amount of development (to be determined during drafting of the new ordinance). The procedure involves a decision by the Planning Board, appealable to the District Council. (See discussion in Section II.F.6, Consolidate and Modernize Site Plan, of this report.) All major and minor site plan applications are subject to the same review standards— compliance with all relevant development and design standards in the Zoning Ordinance, Subdivision Regulations, other County ordinances, and all relevant state and federal laws. . . Sec. 27-2-305. Minor Site Plan This subsection sets out a procedure for review of minor site plans, which is required of developments that fall below specified thresholds for the type and amount of development (to be determined during drafting of the new ordinance) and that are not exempt from site plan review. The procedure involves a decision by the Planning Director, appealable to the Planning Board. (See the discussion in Section II.F.6, Consolidate and Modernize Site Plan, of this report.) Sec. 27-2-306. Zoning Certification and Buildable Lot Letter This carries forward and expands into a common procedures format the current procedure in Sec. 27-125.02(k) of the Zoning Ordinance.
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Sec. 27-2-307. Use and Occupancy Permit This carries forward the current procedure in Sec. 27-254 of the Zoning Ordinance, but refines and modernizes the provisions based on best practices. Sec. 27-2-308. Temporary Use and Occupancy Permits This carries forward the current procedure in Sec. 27-260 of the Zoning Ordinance, but refines and modernizes the provisions based on best practices. Sec. 27-2-309. Grading Permit This references the current procedure in Subtitle 32 of the County Code. Sec. 27-2-310. Building Permit This references the current procedure in Subtitle 4 of the County Code. Sec. 27-2-311. Interpetations (Text, Uses, and Zone Map) This new section establishes a new clear and formal procedure for allowing the Planning Director to make interpretations of the Zoning Ordinance’s text, use tables and uses, and the Zone Map. The interpretation is required to be made in writing and compiled as a permanent record of all interpretations, which is made available to the public on the County’s website. The Planning Director’s interpretation is appealable to the Board of Zoning Appeals. Sec. 27-2-312. Variances In accordance with the discussion in Section II.F.7, Modify the Zoning Ordinance’s Relief Provisions to Remove Obstacles for Appropriate Types of Development, this subsection revises current variance procedure to shift authority to decide routine variance requests from the Board of Zoning Appeals to the Zoning Hearing Examiner, with the Zoning Hearing Examiner’s decision appealable to either the Board of Zoning Appeals or the Planning Board. It also removes the current requirement that a use and occupancy permit application be denied before a variance application may be submitted. Sec. 27-2-313. Adjustments In accordance with discussion in Section II.F.7, Modify the Zoning Ordinance’s Relief Provisions to Remove Obstacles for Appropriate Types of Development, this subsection revises the current procedures (found in various parts of the Zoning Ordinance) allowing the Planning Director to review and make decisions on Minor Adjustments, and the Planning Board to review and make decisions on Major Adjustments. There are two types of Minor Adjustments the Planning Director is authorized to review and decide, subject to specific review standards. The first are adjustments up to 15 percent from the following standards, anywhere in the County:
Dimensional standards;
Off-street parking space requirements;
Landscaping standards;
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Signage standards;
Targeted design standards (e.g., fenestration or façade articulation standards); and
Lot area standards.
The second type of Minor Adjustments the Planning Director is authorized to review and decide, subject to specific review standards, are adjustments between 15 and 25 percent from the same standards identified above, in targeted areas where additional design flexibility is needed, such as zones associated with:
Regional Transit Districts;
Local Transit Centers;
Local Neighborhood Centers;
Local Campus Centers;
Town Centers;
Employment Areas; and
Neighborhood Reinvestment Areas.
The Planning Director’s decision on Minor Adjustments is appealable to the BZA. Alternative compliance with the standards for parking, landscaping, and signage would be incorporated into the review of Minor Adjustments. The Planning Board is authorized to review and decide Major Adjustments between 15 and 25 percent, outside the targeted area where the Planning Director may approve Minor Adjustments, from the following standards, subject to specific review standards:
Parking;
Landscaping;
Signs;
Building design; and
Lighting
The specific standards would include, but not be limited to, provisions to ensure the adjustments are consistent with the character of the zone where the development subject to the adjustment is proposed to be located. The District Council would be eliminated as an appellate body for the Planning Board’s decisions on adjustments (including the “call-up” provision), allowing any appeal to go directly to Circuit Court. . Finally, the section would carry forward and refine the authority of the cities of Bowie, College Park, Greenbelt, and New Carrollton to review and decide departures from the following standards, by establishing more precise development review standards, and thresholds for departures:
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Design for parking and loading facilities;
Landscaping, buffering, and screening requirements;
The number of parking and loading spaces; and
Sign regulation. .
Sec. 27-2-314. Validation of Permits Issued in Error This carries forward the current procedure in Sec. 27-246 of the Zoning Ordinance, but refines and modernizes the provisions based on best practices. Sec. 27-2-315. Appeals This carries forward the current procedure in Division 5: Appeals and Variances, Subdivisions 1 and 2, of the Zoning Ordinance. Sec. 27-2-316. Annulments of Map Amendment for Noncompliance with Conditions Although Sec. 27-127(a)(9) of the current Zoning Ordinance authorizes the Zoning Hearing Examiner to conduct hearings on annulments of map amendment approvals for noncompliance with conditions, the current Zoning Ordinance contains no procedures or review standards for such hearings or related decisions. This subsection sets out a simple procedure for this review in the common procedures format. . . Sec. 27-2-317. Construction of Buildings within Planned Highways and Transit Routes This carries forward and expands into a common procedures format the current procedure in Sec. 27-259 of the Zoning Ordinance.
DIVISION 27-3. ZONES AND ZONE REGULATIONS Zone and use regulations are a central feature of any Zoning Ordinance. They define what may be built on a landowner’s property or on the property next door.
Division 27-3: Zones and Zone Regulations
This division includes provisions that Section 27-3 General Provisions establish all zones and describes the Section 27-3.200 Base Zones purpose of each zone. It also sets out, in 27-2.300 Planned Development tabular and graphic format, the principal Section Zones intensity and dimensional standards that define the base zones. Provisions for Section 27-2.400 Overlay Zones planned development zones and overlay zones also set out development and design standards essential to the character or function of these zones. In accordance with discussions and suggestions in Section III.C, Suggested New Zone Structure, this division consolidates and eliminates some current base and floating zones, reorganizes the zones, adds new base zones and floating (planned development) zones, and eliminates some overlay zones but carries
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forward the other overlay zones. The end result is a reduction in the number of zones from 73 to 43. Section 27-3.100. General Provisions This section starts with a subsection that describes base, planned development, and overlay zones, and explains how they relate to one another. For example, the subsection describes overlay zones as zones superimposed over portions of underlying base or planned development zones that apply additional or alternative development regulations to those applied by the underlying zone. The second subsection officially establishes the various base zones, typically with a summary table that identifies the zones by the zone name and official abbreviation. The table has a hierarchical format, organizing zones first by zone type (base zones, planned development zones, overlay zones), then by the character, predominant use classifications, or geographical area relevant to each zone (Rural/Agricultural/Open Space, Residential, Center, and Nonresidential base zones; Residential, Commercial/Mixed-Use, and Employment Area planned development zones; and Chesapeake Bay Critical Area, Aviation Policy Area, and Neighborhood Conservation overlay zones). Within each type, zones are generally listed from the most restrictive to the least restrictive. Below is a table that shows both the current and proposed lineup of zones. The table in this part of the new Zoning Ordinance will be organized in a similar manner, but will show just the new zones.
CURRENT AND PROPOSED LINE-UP OF ZONES Current Zones
Proposed Zones Base Zones
Rural, Agricultural, and Open Space Base Zones ROS: Reserved Open Space OS: Open Space AR: Agricultural-Residential RE: Residential Estate RR: Rural Residential Residential Base Zones R-80: One-Family Detached Residential SFR-4.6: Single-Family Residential-4.6 R-55: One-Family Detached Residential SFR-6.7: Single-Family Residential-6.7 R-35: One-Family Semidetached & Two-Family Detached Residential 2FR: Two-Family Residential [CONSOLIDATED] R-20: One-Family Triple-Attached Residential R-T: Townhouse R-30: Multifamily Low Density Residential MFR-12: Multifamily Residential-12 [CONSOLIDATED] R-30C: Multifamily Low Density Residential â&#x20AC;&#x201C; Condominium R-18: Multifamily Medium Density Residential MFR-20: Multifamily Residential-20 [CONSOLIDATED] R-18C: Multifamily Medium Density Residential - Condominium R-10: Multifamily High Density Residential R-10A: Multifamily High Density Residential - Efficiency MFR-48: Multifamily Residential-48 [CONSOLIDATED] R-H: Multifamily High-Rise Residential Center Zones Core NC: Neighborhood Center [NEW] Edge Core LTC: Local Transit Center [NEW] Edge Core TC: Town Center [NEW] Edge Core RTC-L: Regional Transit Center-Low [NEW] Edge R-O-S: Reserved Open Space O-S: Open Space R-A: Residential-Agricultural R-E: Residential Estate R-R: Rural Residential
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CURRENT AND PROPOSED LINE-UP OF ZONES Current Zones
Proposed Zones RTC-H: Regional Transit Center-High [NEW]
Core Edge
Nonresidential Base Zones C-O: Commercial Office C-A: Commercial Ancillary C-S-C: Commercial Shopping Center C-1: Existing Local Commercial C-2: Existing General Commercial C-G: Existing General Commercial C-C: Existing Community Commercial C-W: Commercial Waterfront C-M: Commercial Miscellaneous C-H: Existing Highway Commercial C-R-C: Commercial Regional Center I-1: Light Industrial I-3: Planned Industrial/ Employment I-4: Limited Intensity Industrial U-L-I: Urban Light Industrial I-2: Heavy Industrial
GCO: General Commercial and Office [CONSOLIDATED]
CC: Corridor Commercial [CONSOLIDATED] [DELETED] IE: Industrial/Employment [CONSOLIDATED] HI: Heavy Industrial
Planned Development Zones Planned Residential Zones MHPD: Mobile Home Planned Development RPD: Residential Planned Development [NEW] 0.5 [DELETED] R-L: Residential Low Development 1.0 [DELETED] 1.6 [DELETED] R-S: Residential Suburban Development 2.7 [DELETED] 3.6 [DELETED] R-S: Residential Medium Development 5.8 [DELETED] 8.0 [DELETED] R-U: Residential Urban Development 12.0 [DELETED] Center/Mixed Use Planned Development Zones MUPD: Mixed-Use Planned Development [NEW] LCPD: Local Center Planned Development [NEW] CCPD: Campus Center Planned Development [NEW] RTCPD: Regional Transit Center Planned Development [NEW] V-L Village-Low [DELETED] V-M: Village-Medium [DELETED] L-A-C (N): Local Activity Center (Neighborhood) [DELETED] L-A-C (V): Local Activity Center (Village) [DELETED] L-A-C (C): Local Activity Center (Community) [DELETED] M-A-C (NC): Major Activity Center (New Town or Corridor City Center) [DELETED] M-A-C (NC): Major Activity Center (Major Metro Center) [DELETED] R-P-C: Planned Community [DELETED] M-X-T: Mixed Use – Transportation Oriented [DELETED] M-X-C: Mixed Use Community [DELETED] M-U-T-C: Mixed-Use Town Center [DELETED] M-U-I: Mixed-Use Infill [DELETED] UC-4: Corridor Node [DELETED] UC-3: Community Urban Center [DELETED] UC-2: Regional Urban Center [DELETED] UC-1: Metropolitan Urban Center [DELETED] Employment Area Planned Development Zones E-I-A: Employment & Institutional Area IEPD: Industrial/Employment Planned Development R-M-H: Planned Mobile Home Community
Overlay Zones R-C-O: Resource Conservation L-D-O: Limited Development Overlay I-D-O: Intense Development Overlay
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Chesapeake Bay Critical Area Overlay Zones RCO: Resource Conservation LDO: Limited Development Overlay IDO: Intense Development Overlay
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CURRENT AND PROPOSED LINE-UP OF ZONES Current Zones
Proposed Zones
Aviation Policy Area Overlay Zones APA-1: Runway Protection Zone APA-1: Runway Protection Zone APA-1: Runway Protection Zone APA-1: Runway Protection Zone APA-3S: Small Airport Inner Turning Area APA-3S: Small Airport Inner Turning Area APA- 3M: Medium Airport Inner Turning Area APA- 3M: Medium Airport Inner Turning Area APA-4: Outer Safety Zone APA-4: Outer Safety Zone APA-5: Sideline Safety Zone APA-5: Sideline Safety Zone APA-6: Traffic Pattern Area APA-6: Traffic Pattern Area Neighborhood Conservation Overlay Zones R-O-D: Revitalization Overlay District [DELETED] A-C-O Architectural Conservation Overlay NCO: Neighborhood Conservation Overlay T-D-O: Transit District Overlay [DELETED] D-D-O: Development District Overlay [DELETED]
Section 27-3.200. Base Zones These are zones that prescribe allowable land uses and the intensity and dimensional standards applicable to development in the zone. Once a base zone is established, development within it generally occurs on a lot-by-lot basis in accordance with applicable standards following nondiscretionary review of proposed development plans (as opposed to development occurring through planned development or other floating zones, where standards and approval of plans takes place as part of the rezoning process). The section groups base zone regulations by type of zone, generally as identified in Plan 2035: Rural and Agricultural Base Zones, Residential Base Zones, Center Base Zones, and Nonresidential Base Zones. Each group begins with a statement of the general purposes of zones in the group, then follows with subsections that set out the purpose and intensity and dimensional standards applicable to each zone in the group. They generally do so with a purpose statement, a table showing intensity and dimensional standards, and graphics showing building forms and lot patterns typical for the zone and how dimensional standards apply to those building forms and lot patterns (see example below).
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Sec. 27-3-201. Rural and Agricultural Base Zones (a) General Purposes of Rural and Agricultural Base Zones This sets out the general purposes of the Rural and Agricultural base zones. (b) Reserved Open Space (ROS) Zone This carries forward the purpose and intensity, bulk, and dimensional standards for the current Reserved Open Space (R-O-S) Zone, largely as is. (c) Open Space (OS) Zone This carries forward the purpose and intensity, bulk, and dimensional standards for the current Open Space (O-S) Zone, largely as is. (d) Agricultural-Residential (AR) Zone This carries forward the purpose and intensity, bulk, and dimensional standards for the current Residential-Agricultural (R-A) Zone, renaming the zone but retaining its maximum density and mandatory use of conservation subdivisions, refining its use standards to facilitate agricultural support uses, and adding farmland compatibility standards. (e) Rural Estate (RE) This carries forward the purpose and intensity, bulk, and dimensional standards for the current Rural Estate (R-E) Zone, largely as is. (f) Rural Residential (RR) Zone This carries forward the purpose and intensity, bulk, and dimensional standards for the current Rural Residential (R-R) Zone, largely as is.
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Sec. 27-3-202. Residential Base Zones (a) General Purposes of Residential Base Zones This sets out the general purposes of the Residential base zones. (b) Single-Family Residential-4.6 (1FR-4.6) Zone This carries forward the purpose and intensity, bulk, and dimensional standards for the current One-Family Detached Residential (R-80) Zone, renaming the zone. (c) Single-Family Residential-6.7 (1FR-6.7) Zone This carries forward the purpose and intensity, bulk, and dimensional standards for the current One-Family Detached Residential (R-55) Zone, renaming the zone. (d) Two-Family Residential-4.6 (2FR) Zone This carries forward the purpose and intensity, bulk, and dimensional standards for the current One-Family Semi-Detached and Two-Family Detached Residential (R-35) Zone, renaming the zone. It also incorporates the current One-Family Triple-Attached Residential (R-20) Zone and includes any provisions necessary to accommodate any existing three-family dwellings. (e) Multifamily Residential-12 (MFR-12) Zone This consolidates the current Townhouse (R-T), Multifamily Low Density Residential (R-30), and Multifamily Low Density Residential – Condominium (R-30C) Zones into a single zone. (f) Multifamily Residential -20 (MFR-20) Zone This consolidates the current Multifamily Medium Density Residential (R-18) and Multifamily Medium Density Residential – Condominium (R-30C) Zones into a single zone. (g) Multifamily Residential 48 (MFR-48) Zone This consolidates the current Multifamily High Density Residential (R-10), Multifamily High Density Residential – Efficiency (R-10A), and Multifamily High-Rise (R-H) Zones into a single zone. Sec. 27-3-203. Center Base Zones This subsection creates a new type of base zone based on the various Center classifications that play such an important role in Plan 2035’s policies. The purpose and standards for the Center base zones derive from the Regional Transit District, Local Transit Center, Neighborhood Center, and Town Center classifications and associated policies established in Plan 2035. (Because of the great variation in character and unified control typical of campus development, the plan’s Campus Center classification is implemented through a planned development zone rather than a base zone—see Sec. 27-3-303(c) below.)
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In accordance with Plan 2035 policies, each Center Zone has a core subzone with the highest intensity, most nonresidential, and most pedestrian-oriented development, surrounded by an edge subzone with less intense development and a more residential mix, providing a transition to surrounding residential neighborhoods. (a) General Purposes of Center Zones This sets out the general purposes of the center base zones. (b) Regional Transit District (RTD-) Zones This adds two new Regional Transit District (RTD-) Zones to apply to areas around a major Metro station that are designated Regional Transit Center on Plan 2035’s Growth Policy Map. Each RTD Zone has standards promoting high-intensity, transited-oriented, mixed-use, and pedestrian-friendly development. The standards vary between the RTD Zones to reflect two different combinations of intended character, context, and intensity level. (c) Neighborhood Center (NC) Zone This adds a new Neighborhood Center (NC) Zone to apply to areas designated Neighborhood Center on Plan 2035’s Growth Policy Map. The NC Zone has standards promoting moderate-intensity, mixed-use, and pedestrian-friendly development. (d) Local Transit Center (LTC) Zone This adds a new Local Transit Center (LTC) Zone to apply to areas around a Metro station that are designated Local Transit Center on Plan 2035’s Growth Policy Map. The LTC Zone has standards promoting moderateintensity, transited-oriented, mixed-use, and pedestrian-friendly development. (e) Town Center (TC) Zone Create a Town Center (TC) Zone to apply to areas designated Town Center on Plan 2035’s Growth Policy Map. The TC Zone has standards promoting moderate-intensity, mixed-use, and pedestrian-friendly development. Sec. 27-3-204. Nonresidential Base Zones This subsection consolidates and reorganizes the 16 current industrial and commercial base zones into four nonresidential base zones. Only the current Heavy Industrial Zone is carried forward as is; and one unused commercial base zone (Commercial Regional Center (C-R-C) Zone) is eliminated. (a) General Purposes of Nonresidential Base Zones This sets out the general purposes of the Nonresidential base zones. (b) General Commercial and Office (GCO) Zone This consolidates the two Existing General Commercial Zones (C-2 and C-G) plus the Commercial Office (C-O), Commercial Ancillary (C-A), Commercial Shopping Center (C-S-C), Existing Local Commercial (C-1), Existing
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Community Commercial (C-C), and Commercial Waterfront (C-W) Zones into a single zone, with standards based on current C-S-C Zone standards. (c) Corridor Commercial (CC) Zone This consolidates the Commercial Miscellaneous (C-M) and Existing Highway Commercial (C-H) Zones into a single Corridor Commercial (CC) Zone, with standards based on current C-M Zone standards. (d) Industrial/Employment (IE) Zone This consolidates the current Light Industrial (I-1), Planned Industrial / Employment (I-3), Limited Intensity Industrial (I-4), and Urban Light Industrial (U-L-I) Zones into a single zone to apply to areas designated Employment Areas on Plan 2035’s Growth Policy Map, as well as to areas currently zoned I-1, I-3, I-4, or U-L-I. The IE Zone has standards promoting major employment-generating commercial and light industrial uses. (e) Heavy Industrial (HI) Zone This carries forward the purpose, bulk, intensity, and dimensional standards for the current Heavy Industrial (I-2) Zone, merely changing the zone’s abbreviation. Section 27-3.300. Planned Development Zones This section creates three new planned development zones specifically designed to reflect Plan 2035’s Center classifications and implement policies associated with those classifications. It adds two new general planned development zones that are proposed to provide alternatives to the general residential and nonresidential base zones, where increased design flexibility is desired. And it carries forward two current floating zones as planned development zones. All other current floating zones are eliminated in favor of the new planned development zones, which largely assume the roles of the eliminated floating zones. The section groups planned development zones by type of zone, generally as identified in Plan 2035: Residential Planned Development Zones, Center/Mixed Use Planned Development Zones, and Employment Area Planned Development Zones. Regulations for each planned development zone in a group set out area or allocation standards for the zone as a whole, list the types of intensity and dimensional standards the basic plan must provide, and list development standards that may be modified by the basic plan. They also contain any other zone-specific standards that may be appropriate for a particular type of planned development zone (e.g., use-mixing and building configuration standards). Sec. 27-3-301. General Provisions for All Planned Development Zones This explains the general purposes of planned development zones: providing the increased design freedom and flexibility that allows innovative, more efficient, and higher quality mixed-use development, which is needed to better achieve County goals and policies. It also includes general standards applicable to all planned development zones. Those general standards require a Basic Plan and a PD Agreement that establish intensity, dimensional, use, and street standards
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for the zone, and provide for compatibility of zone development with surrounding development. Sec. 27-3-302. Residential Planned Development Zones (a) Residential Planned Development (RPD) Zone This adds a new Residential Planned Development (RPD) Zone that assumes the roles of the current residential comprehensive design floating zones (Residential Low Development (R-L), Residential Suburban Development (RS), Residential Medium Development (R-M, and Residential Urban Development (R-U) Zones) in providing an option allowing flexibility in development and design standards in exchange for discretionary plan review as part of the rezoning process. (b) Mobile Home Planned Development (MHPD) Zone This carries forward the current Planned Mobile Home Community (R-M-H) Zone largely as is, but as planned development zone with a simplified name. Sec. 27-3-303. Center/Mixed Use Planned Development Zones (a) Regional Transit Center Planned Development (RTCPD) Zone This adds a new Regional Transit Center Planned Development (RTCPD) Zone to provide a flexible design/discretionary plan review option to the Regional Transit Center (RTC-) base zones. As with those base zones, the purpose is to implement Plan 2035 policies associated with the plan’s Regional Transit Center classification. (b) Local Center Planned Development (LCPD) Zone This adds a new Local Center Planned Development (LCPD) Zone to provide a flexible design/discretionary plan review option to the Neighborhood Center (NC), Local Transit Center (LTC), and Town Center (TC) base zones. As with those base zones, the purpose is to implement Plan 2035 policies associated with the plan’s Neighborhood Center, Local Transit Center, and Town Center classifications. (c) Campus Center Planned Development (CCPD) Zone This adds a new Campus Center Planned Development (CCPD) Zone to implement Plan 2035 policies associated with the plan’s Campus Center classification. It provides the flexible design necessary to accommodate the great variation in character and reflect the unified control typical of campus development. (d) Mixed-Use Planned Development (MUPD) Zone This adds a new Mixed-Use Planned Development (MUPD) Zone that assumes the roles of the current mixed-use comprehensive design floating zones (Local Activity Center (L-A-C), Major Activity Center (M-A-C), and Village (V) Zones) and the current mixed use zones (Mixed Use Community (M-X-C), Mixed Use Transportation (M-X-T), Mixed Use Town Center (M-XTC), Mixed Use Infill (M-U-I), and Urban Center (UC) Zones) in providing an option allowing flexibility in development and design standards in exchange
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for discretionary plan review as part of the rezoning process—at least to the extent those roles are not assumed by the new Center zones. Sec. 27-3-304. Employment Area Planned Development Zones This carries forward the Employment and Institutional Area (E-I-A) Zone, changing its name to Industrial/Employment Overlay (IEO) Zone and revising it as necessary to better implement the Plan 2035 policies associated with the plan’s Planned Employment Area classification and to provide a flexible design/discretionary plan review option for the Industrial/Employment (IE) base zone (including the light industrial development allowed by that base zone). Section 27-3.400. Overlay Zones This section carries forward all current overlay zones except the Transit District Overlay (T-D-O) and Development District Overlay (D-D-O) Zones—whose roles are largely assumed by the new planned development zones (see above)—and the Revitalization Overlay District (R-O-D)—whose role can be better assumed by general code provisions targeted to accommodating redevelopment and infill. And it expands and modifies the carried-forward Architectural Conservation Overlay (A-C-O) Zone, renaming it the Neighborhood Conservation Overlay (NCO) Zone. The section groups those carried-forward zones related to protecting Chesapeake Bay Critical Areas and those related to ensuring safety around airports. Other overlay zones make up the third group. The first two groups of overlay zones begin with a statement of the general purposes of zones in the group. All groups include subsections that set out the purpose and specific regulations applicable to zones in the group. Sec. 27-3-401. General Provisions This sets out the general purposes and functions of overlay zones and identifies how they are established. Sec. 27-3-402. Chesapeake Bay Critical Area Overlay Zones This carries forward the following three current Chesapeake Bay Critical Area overlay zones and their regulations, modified only to simplify the abbreviation of their names and to clarify their provisions: (a) Resource Conservation Overlay (RCO) Zone (b) Limited Development Overlay (LDO) Zone (c) Intense Development Overlay (ITO) Zone Sec. 27-3-403. Aviation Policy Area Overlay Zones This carries forward the following seven current Aviation Policy Area overlay zones and their regulations, modified only to clarify their provisions:
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(a) Runway Protection Zone (APA-1) (b) Inner Safety Zone (APA-2) (c) Small Airport Inner Turning Area (APA-3S) (d) Medium Airport Inner Turing Area (APA-3M) (e) Outer Safety Zone (APA-4) (f) Sideline Safety Zone (APA-5) (g) Traffic Pattern Area (APA-6) Sec. 27-3-404. Other Overlay Zones (a) Neighborhood Conservation Overlay (NCO) Zone
Division 27-4: Use Regulations Section 27-4.100 General Provisions Section 27-4.200 Principal Uses Section 27-4.300 Accessory Uses and Structures
Section 27-4.400 Temporary Uses and This carries forward the current Architectural Structures Conservation Overlay (A-C-O) Zone as a Neighborhood Conservation Overlay (NCO) Zone. The zone continues to set the framework for establishing individual subzones with standards targeted to conserving basic design elements that define the character of development in particular areas, as identified by a study of and plan for the area. Zone regulations, however, are revised to simplify the study and plan approval process (see Section IV.A.4, Neighborhood Conservation Zones). It also changes review and approval of development in an NCO Zone to professional staff.
DIVISION 27-4. USE REGULATIONS This division reorganizes the Zoning Ordinance’s use regulations into four sections. Following an initial section with general provisions are the division’s main sections on principal uses, accessory uses and structures, and temporary uses and structures. Section 27-4.100. General Provisions This outlines the division’s organization and the relationship among its sections. Section 27-4.200. Principal Uses Sec. 27-4-201. General This sets out the purpose of the section and outlines its organization. Sec. 27-4-202. Principal Use Table This includes the heart of the division, a principal use table that builds on the current use tables, but consolidates all the principal uses into one or several tables. The subsection begins with introductory material explaining how to use the table. The table will reflect revisions to the lineup of zones (as outlined in Division 27-3, Zones and Zone Regulations) and the new classification system for principal uses (see Sec. 27-4-203 below). The current line-up of principal uses— and their designation as permitted, or allowed as a special exception, or prohibited—will serve as a starting point for modernizing the uses in each
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carried forward zone, consolidated zone, and comparable new zone. The principal use table will also include new uses that do not appear in the current ordinance (e.g., community farms, solar and wind energy collection systems, micro-breweries) and will streamline the existing lineup of allowable principal uses. In addition, a final column of the principal use table will contain references to applicable use-specific standards (see Sec. 27-4-204 below) for those uses that are subject to specific regulations in addition to general development standards. Below is an excerpt from a principal use table prepared for another jurisdiction.
Sec. 27-4-203. Classification of Principal Uses In an effort to provide better organization, precision, clarity, and flexibility to the principal uses listed in the principal use table and the administration of the table, the table and use-specific standards will be organized around the threetiered concept of use classifications, use categories, and uses. This subsection describes each use category, outlining the principal characteristics of uses in the category and noting examples of included uses and examples of uses and structures deemed accessory to the included uses. Use classifications, the broadest category, organize land uses and activities into general use categories such as “Residential Uses,” “Institutional Uses,” “Commercial Uses,” and “Industrial Uses.” Use categories, the second level or tier in the system, is composed of groups of individual types of uses with common characteristics, such as “Household Living” and “Group Living” (under Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
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Residential Uses). Use categories are further divided into specific uses based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. Example uses under the Household Living category include “single-family detached dwelling” and “multifamily dwelling.” All uses identified in the Use Table will be defined in Section 278.300, Definitions. This three-tiered system of use classifications, use categories, and uses provides a systematic basis for assigning present and future land uses into zones. Sec. 27-4-204. Standards Specific to Principal Uses This sets out standards that always apply to certain principal uses (or if appropriate, apply to certain principal uses in particular zones). If there are exceptions to the use-specific standards, they are identified. Special attention is paid to standards for new principal uses, new standards for carried-forward principal uses (particularly where such standards allow the use to be permitted by right rather than as a special exception), and improving the use-specific standards scattered throughout the current Zoning Ordinance. An example of a current use-specific standard that should be eliminated is the “bedroom percentage” standard requiring a specified percentage of units in a multifamily development to contain a certain number of bedrooms. Section 27-4.300. Accessory Uses and Structures Accessory uses or structures are those uses or structures that are subordinate to the principal use of a building or land, located on the same lot as the principal use, and customarily incidental to the principal use. For example, a stand-alone automated teller machine is considered as an accessory use to a commercial use, and an above- or below-ground swimming pool is typically considered an accessory structure to a one-family home.
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Sec. 27-4-301. General This sets out the purpose of the section and outlines its organization. Sec. 27-4-302. Accessory Use/Structure Table This includes a use table that lists common accessory uses and structures (such as home occupations, swimming pools, satellite dish antennas, outdoor storage), shows the zones in which each is allowed, and references any usespecific standards applicable to the accessory use or structure. The table largely carries forward and consolidates accessory uses and structures recognized in the current Zoning Ordinance, refining the list to include modern accessory uses (such as agritourism) and structures (such as solar panels). Sec. 27-4-303. General Standards for All Accessory Uses and Structures This includes a set of general standards that largely pertain to the allowable locations for accessory uses and structures. They generally carry forward such general standards that are currently scattered among the zone regulations. Sec. 27-4-304. Standards Specific to Accessory Uses And Structures This sets out standards that always apply to certain accessory uses or structures (or if appropriate, apply to certain accessory uses or structures in particular zones). As with the standards specific to principal uses, special attention is paid to standards for new accessory uses and structures, new standards for carriedforward accessory uses and structures, and improving the standards specific to accessory uses and structures that are scattered throughout the current Zoning Ordinance. Section 27-4.400. Temporary Uses and Structures Temporary uses are uses or structures that are proposed to be located in a zone only for a limited duration. They include special events, which typically last for a short duration and are intended to attract large numbers of people at one time (e.g., concerts, fairs, circuses, large receptions or parties, and community festivals), but do not include private parties attracting less than a certain number of persons, nor events normally associated with the permitted principal or accessory use (such as a wedding reception at a reception hall or a funeral at a funeral home). Sec. 27-4-401. General This sets out the purpose of the section and outlines its organization. Sec. 27-4-402. Temporary Use/Structure Table This includes a use table that lists allowed temporary uses and structures (such as farmersâ&#x20AC;&#x2122; markets, food trucks, mobile classrooms, outdoor seasonal sales, temporary real estate sales offices, special events, and temporary constructionrelated structures), shows the zones in which each is allowed, and references any use-specific standards applicable to the temporary use or structure. The table largely carries forward and consolidates temporary uses and structures recognized in the current Zoning Ordinance, refining the list to include modern temporary uses and structures.
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Sec. 27-4-403. Standards Specific to Temporary Uses And Structures This sets out standards that always apply to certain temporary uses or structures (or if appropriate, apply to certain temporary uses or structures in particular zones). As with the standards specific to principal and accessory uses, special attention is paid to standards for new temporary uses and structures, new standards for carried-forward temporary uses and structures, and improving the standards specific to temporary uses and structures that are scattered throughout the current Zoning Ordinance.
DIVISION 27-5. DEVELOPMENT STANDARDS General Commentary: This division contains all of the development standards in the new Zoning Ordinance related to the physical layout of new development with the exception of the subdivision standards, which are found in Subtitle 24: Subdivision Regulations. The proposed contents of this division are discussed below. New or revised standards incorporated into this division include:
Division 27-5: Development Standards Section 27-5.100 Roadway Design, Mobility, and Connectivity
Section 27-5.200 Off-street Parking and Loading
Section 27-5.300 Open Space
New mobility and connectivity standards as described in Section V.F, Roadway Design, Mobility, and Connectivity, of this report.
Section 27-5.400 Landscaping
Revised off-street parking and loading standards as described in Section V.C, Off-Street Parking and Loading, of this report.
Section 27-5.700 Environmental Protection
Revised landscaping standards as described in Section V.D, Landscaping; New open space set-aside standards as described in Section V.E, Open Space;
Section 27-5.500 Fences and Walls Section 27-5.600 Exterior Lighting Section 27-5.800 Multifamily Form and Design
Section 27-5.900 Mixed Use and Nonresidential Form and Design
Section 27-5.1000 Neighborhood Compatibility
Section 27-5.1100 Farmland Compatibility
Revised fence and walls standards that focus on fence appearance;
New exterior lighting standards as described in Section V.G, Exterior Lighting;
New multifamily form and design standards and mixed-use and nonresidential form design standards, as described in Section V.I.2.c, Form and Design Standards for Other Areas of the County;
New mixed-use and nonresidential design standards;
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New compatibility standards for multifamily, mixed-use, and nonresidential development abutting existing single-family development, as described in Section IV.A.2, Neighborhood Compatibility Standards;
New farmland compatibility standards for residential, mixed-use, and nonresidential development abutting existing farms in Agricultural zones, as described in Section IV.B.3, Add Farmland Compatibility Standards;
Modifications to the signage standards, based on Plan 2035 goals and best practices; and
New sustainable development incentives as described in Section IV.C, Support and Encourage Sustainable/Green Building Practices.
Section 27-5.100. Roadway Design, Mobility, and Connectivity As discussed in Section V.F, Roadway Design, Mobility, and Connectivity, of this report, this section primarily references standards in the Subdivision Regulations and the Roadway Manual that address roadway design and crosssections (including sidewalks), street and pedestrian networks and connectivity, and access management (including cross access). Section 27-5.200. Off-Street Parking and Loading As discussed in Section V.C, Off-Street Parking and Loading, of this report, this section revises the parking and loading standards found in Part 11, Off-Street Parking and Loading, of the current Zoning Ordinance, as well as in regulations for the Mixed Use –Transportation (M-X-T) Zone and regulations in Subtitle 27A, Urban Centers and Corridor Nodes Development and Zoning Code. It replaces the “one size fits all” set of parking standards in Part 11 with a set of different off-street parking space requirements for each of the following areas:
Regional Transit District Zones (including the Downtowns);
Local Transit Center, Town Center, Campus Center, and Neighborhood Center Zones; and
All other areas of the County.
In the Regional Transit District Zones, parking space requirements are based on a streamlined and user-friendly shared parking calculation methodology that sets a base minimum requirement that may be reduced. They also include maximum parking space standards for key uses (especially multifamily residential and retail uses). Parking space requirements for zones associated with Local Transit Center, Town Center, Campus Center, and Neighborhood Center Zones may include maximum standards for multifamily, retail, and office uses. For all other areas of the County, parking space requirements are revised and updated to reflect current best practices. All parking space requirements are placed in a unified table that sets out parking space requirements for all allowable principal uses, as listed in the principal use table included in Sec. 27-4-202, Principal Use Table. (See the excerpt from a
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parking table prepared for another community below.) The table is accompanied by provisions recognizing uses with variable parking demands and authorizing the Planning Director to require a parking demand study for unusual uses for which there is no reliable parking demand data.
The section also includes provisions allowing developers to provide fewer than the minimum number of required parking spaces as an incentive for providing public or green space, or developing preferred development types (such as vertically-integrated mixed-use development). Surface parking lots with 400 or more spaces are required to be broken up into sections and incorporate pedestrian-friendly features such as sidewalks to principal building entrances and enhanced landscaping. The off-street parking standards also require cross access between the parking areas of adjoining nonresidential and higher-density multifamily residential developments. Incentives are provided for parking lot design that incorporates Low Impact Development (LID) techniques such as pervious paving, vegetated swales, infiltration/flow-through planters, rain gardens, etc. The section includes new standards for bicycle parking. In zones associated with Regional Transit Centers, the bicycle parking standards require a minimum number of on-site bicycle parking spaces and require them to be located in parking structures and near primary building entrances. They also require covered and secured facilities for the long-term bicycle parking needs of employees and transit commuters to be provided on-site or as part of the adjacent streetscape. In zones associated with Local Transit Centers, Town
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Center, Campus Centers, and Neighborhood Centers, the bicycle parking standards requires on-site bicycle parking on-site as well as part of the adjacent streetscape. Flexibility provisions are consolidated, expanded, and refined to allow the Planning Director to approve:
Expanded sharing of parking spaces among complementary uses to allow reductions in parking;
More extensive allowance of off-site parking, subject to proximity and pedestrian access standards;
Deferred parking (where developer provides a reduced number of spaces based on preliminary demand data, but reserves land for additional parking should post-development studies show more is needed);
Crediting adjacent on-street parking spaces towards minimum off-street parking space requirements in zones associated with Regional Transit Centers, Local Transit Centers, Town Centers, Campus Centers, Neighborhood Centers, and the Innovation Corridor;
Reductions in minimum parking space requirements for development in close proximity to transit stations and transit stops;
Reductions in minimum parking space requirements for development incorporating Transportation Demand Management strategies (especially in Regional Transit District Zones and other zones in which more development intensity is expected to occur over time);
Alternative parking plans demonstrating how parking space requirements and other parking standards can be met by designs other than those spelled out in the parking standards.
Section 27-5.300. Open Space As discussed in Section V.E, Open Space, of this report, this section expands the open space standards that exist for development in certain zones to apply a set of open space requirements to all new multifamily residential, mixed-use, and nonresidential development. The open space requirements (expressed as a percentage of site area) vary among the following three areas:
Regional Transit District (including the Downtowns), Local Transit Center, Town Center, and Campus Center, and Neighborhood Center Zones (to which the lowest requirements would apply);
Areas in the County “inside the beltway;” and
All other areas in the County (to which the highest requirements would apply).
They also vary for uses with more required for residential uses than for mixeduse, commercial, or industrial uses. The open space standards allow various types of open space to count towards the requirement, including those types of open space more prevalent in urban areas (e.g., plazas and other public
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gathering places, fountains, street trees and sidewalk furniture, use of stormwater infrastructure as site amenities, and roof-top or terrace gardens). The section includes regulations ensuring that required open space is suitable for one or more of the designated open space purposes, using standards governing the location, configuration, and usability of the open space. These standards give priority to using required open space to protecting natural hazard areas, natural resources, and environmentally sensitive areas (e.g., floodplains, wetlands, riparian buffers). In the agricultural zones, priority is also given to protecting agricultural lands and woodland. The open space standards include provisions allowing developers to meet the open space requirement, in full or in part, by payment of a fee or provision of structural open space facilities (as do current parkland dedication requirements in the Subdivision Regulations). And they also include provisions that address how required open space may be owned (e.g., by a public entity, nonprofit conservation organization, or property owners’ association) and establish the owner’s responsibility for maintaining the open space. . . Section 27-5.400. Landscaping As discussed in Section V.D, Landscaping, of this report, we propose to maintain the Landscape Manual as the continued source of the County’s landscaping standards. It will be incorporated by reference into the new ordinance. Below is a summary of the revisions to those standards in the Landscape Manual. The Landscape Manual is revised to add standards tailored to zones associated with Regional Transit Districts, the Local Centers (Local Transit Centers, Town Centers, Campus Centers, and Neighborhood Centers), and the Innovation Corridor. Such standards are tailored to these zones, and focus on supporting a strong public realm through standards for streetscape landscaping, including requirements for street trees along developments’ street frontages. They also recognize special types of landscaped areas and open spaces (such as pocket parks and plazas). To support the revitalization of commercial corridors, we propose the Landscape Manual add landscaping standards for parking lot drive aisles and parking rows adjacent to buildings that treat them as “streets” aligned with street trees, sidewalks, decorative light poles, and other elements that will prove an attractive and walkable streetscape. Section 27-5.500. Fences and Walls This section carries forward the fence and wall standards in Sec. 27-420 of the current Zoning Ordinance, with minor clarifications and modifications to:
Limit materials for fences or walls along public streets in zones associated with Centers and Innovation Corridors;
Require minimal landscaping of higher walls and fences around all development except one-, two, and three-family dwellings (to visually break up the massing); and
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Require the “finished” side of a fence face outward from the site on which it is installed.
Section 27-5.600. Exterior Lighting In accordance with the discussion and recommendations in Section V.G, Exterior Lighting, of this report, this section adds exterior lighting standards that:
Require use of full cutoff light fixtures to prevent light overflow and glare on adjacent lands (sometimes these standards exempt very rural areas, while other ordinances make a point of including those areas in order to achieve “dark sky” goals);
Include minimum energy efficiency standards, all of which are achievable through off-the-shelf products;
Include minimum and maximum foot-candle limits to ensure adequate lighting of public and parking areas, and to prevent glare;
Set maximum light fixture pole or mounting heights that vary for different development contexts (shorter in residential areas and taller in industrial areas);
Prohibit canopy lighting that extends below the edge of the canopy;
Prohibit the uplighting of signs, monument features, buildings, and the like.
Prohibit full floodlighting of uniquely colored or designed facades (which turns an entire building façade into a form of signage); and
Includes light uniformity standards to ensure that parking areas and pedestrian areas do not create edges where brightly lit areas are adjacent to dark areas (which provide opportunities for crime and mischief).
Variations of these standards are provided where necessary to distinguish or accommodate the very urban character of zones associated with Regional Transit Districts and Local Centers (Local Transit Centers, Town Centers, Campus Centers, and Neighborhood Centers) from all other areas of the County. . . If appropriate to preserve the character of the residential and rural areas of the County, this section may include some version of the International Dark Sky Association’s new “BUG” (Backlight, Uplight, and Glare) standards, scheduled to be released in 2015. . . Section 27-5.700. Environmental Protection and Noise Controls This section carries forward the current provisions in Division 4 of the current Zoning Ordinance that primarily reference the floodplain management regulations and the provisions in Subtitle 24 of the County Code of Ordinances regarding regulated environmental features, and the woodland conservation regulations in Subtitle 25 of the County Code of Ordinances. It also adds provisions referencing the stormwater management and erosion and sedimentation control regulations in Subtitle 32, the Chesapeake Bay Critical Area protections (shoreline protection and wetlands regulations) in Subtitle 5B,
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and other environmental regulations affecting land development. It will also include noise control standards. Section 27-5.800. Multifamily Form and Design In accordance with the discussion in Section V.I.2.c, Form and Design Standards for Other Areas of the County, this new section consolidates and builds on various form and design standards scattered throughout the Zoning Ordinance to apply to new multifamily residential development a set of basic form and design standards that address elements such as the following:
Building orientation and configuration (e.g., orient primary building entrances to a street or open space area (e.g., courtyard) rather than a parking area, where practicable; avoid long linear corridors and hidden entrances);
Building size (e.g., limit the length and footprint area of individual buildings);
Building facades (e.g., provide wall offsets and other articulation features (recessed entrance, covered porch, pillars and columns, bay windows, eaves, integrated planters) along long building facades);
Roofs (e.g., limit pitch of sloped roofs; conceal flat roofs with parapets; locate and configure roof-based mechanical equipment to minimize view from street);
Materials (e.g., provide changes in building material where building forms meet; locate heavier façade materials below lighter materials);
Parking placement (e.g., limit parking areas between buildings and the streets they face; locate guest and overflow parking for townhouse units to side or rear of the building with the unit; limit frontage taken up by parking located to the sides of buildings; locate detached and attached garages to the side or rear of buildings);
Transition (e.g., limit the size of multifamily structures within 100 feet of single-family homes);
Storage and service areas (e.g., locate storage buildings, garbage and recycling facilities, and other service areas to be conveniently accessible to residents, yet minimize noise and odor impacts on the residents and on adjacent residential development; enclose or otherwise fully screen outdoor garbage and recycling facilities, and other outdoor service areas to minimize views from dwelling units and adjacent residential development(;
Open spaces (e.g., locate and configure open spaces so they are visible from dwelling units).
(As noted above in the discussion of Sec. 27-4-204, Standards Specific to Principal Uses, the current requirements that a specified percentage of units in a multifamily development contain a certain number of bedrooms will be deleted.)
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Section 27-5.900. Mixed-Use and Nonresidential Form and Design Also in accordance with the discussion in Section V.I.2.c, Form and Design Standards for Other Areas of the County, this new section consolidates and builds on various form and design standards scattered throughout the Zoning Ordinance to apply to new mixed-use and nonresidential development a set of basic form and design standards that address elements such as the following:
Building orientation and configuration (e.g. orient buildings to front streets, not parking areas; orient around a central spine street or accessway (for multi-building developments); locate and configure outparcels and their buildings to define street edges, development entry points, and gathering spaces; use design features (canopies, recesses, arcades, raised parapets, roof forms, adjacent display windows) to establish clearly defined, highly visible, primary building entrances);
Building facades (e.g., use design features to configure tall buildings with a clearly recognizable base, middle, and top; provide wall offsets and other articulation features (changes in color, recessed entrance, awnings, pillars and columns, bay windows, eaves, integrated planters) along a long front building facade and along facades facing residential development);
Transparency (e.g., incorporate windows and doors along the front building facade to cover a certain percentage of the façade area (with separate standards for ground floors and upper floors); ensure ground-level windows that are transparent, allowing views into the building);
Roofs (e.g., incorporate roof line changes reflecting the required façade massing changes; locate and configure roof-based mechanical equipment to minimize view from street);
Parking placement and configuration (e.g., locate surface parking areas to the side or rear of buildings or limit parking areas between buildings and the street; limit frontage taken up by parking located to the sides of buildings; organize large surface parking lots into a series of parking bays surrounded by buildings, landscaped medians, or accessways designed to look like streets);
Storage and service areas (e.g., locate storage buildings, garbage and recycling facilities, and other service areas to be conveniently accessible to occupant, yet minimize noise and odor impacts on the occupants and on adjacent residential development; enclose, incorporate into overall building design, or otherwise fully screen outdoor storage, garbage and recycling facilities, and other service areas from view from the street and adjacent residential development);
Open spaces (e.g., provide outdoor gathering spaces such as courtyards, plazas, pocket parks; provide pedestrian amenities such as plazas, seating areas, or gathering spaces between buildings; locate and configure open spaces so they are visible from buildings); and
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Operational hours (e.g., limit the hours of operations involving outdoor areas adjacent to residential development)
Section 27-5.1000. Neighborhood Compatibility This section includes standards that are intended to protect the character of the single-family neighborhood from potential adverse impacts of adjacent multifamily residential, mixed-use/center, or nonresidential development. The standards apply to new multifamily, mixed-use, or nonresidential development that abuts, is across the street from, or within a specified distance from the single-family residential development or a one-family residential zone. AS discussed in Section IV.A.2, Neighborhood Compatibility Standards, the standards include transitional and compatibility standards that address elements such as the following:
Site layout (e.g., maintain building façade directions and orientations consistent with those of single-family homes along the same block face);
Building façade (e.g. require structures to have a similar roof type as the single-family development in terms of slope and arrangement; orient porches, balconies, outdoor space, and other site attributes such as vending machines away from the single-family residential development; use similarly sized and patterned architectural features as those on adjacent single-family development);
Building dimensions (e.g., limit the height of buildings with 100 feet of the single-family development, and locate the tallest part of tall buildings furthest from the single-family development; articulate the building façade facing the single-family development to avoid long blank walls);
Site design (e.g., require multi-building development to transition use and development intensity between high-intensity uses and development and the low-intensity single-family development (e.g., office uses between retail and the single-family development);
Parking and driveway areas (e.g., orient parking spaces away from (or parallel to) single-family homes so that headlights do not project directly into yards; buffer the single-family development from parking areas with tall opaque vegetation or fencing); limit the width of driveways to maintain pedestrian comfort and calm the speed of entering traffic; provide enhanced design treatment on parking structure facades facing the singlefamily development to soften their visual impact);
Loading and refuse storage areas (e.g., locate loading and refuse storage areas away from the single-family development; incorporate containment of loading and refuse storage areas into the overall building design or otherwise screen them from the single-family development);
Exterior lighting (e.g., reduce foot-candle values by 1/3 at lot lines and require full cut-off fixtures);
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Signage (e.g., limit sign area and maximum sign height in transition areas next to the single-family development to 25 percent of that normally allowed);
Open space (e.g., locate required open space in transition areas next to the single-family development unless there is a compelling reason for it to be located elsewhere on the site);
Operations (e.g., curtail outdoor dining or other outdoor activities after 9:00 p.m. on weeknights and 11:00 p.m. on weekends; limit trash collection or other service functions to between the hours of 7:00 a.m. and 7:00 p.m.; extinguish amplified music, singing, or other forms of noise audible at the property line after 9:00 p.m. Sunday through Thursday nights and 11:00 p.m. Friday and Saturday nights).
Section 27-5.1100. Farmland Compatibility In accordance with Section IV.B.3, Add Farmland Compatibility Standards, this section adds the new transitional standards to protect existing agricultural operations and activities in Agricultural zones from new adjacent residential, mixed-use, or nonresidential development. Such standards might require:
Provision of a substantial vegetated buffer along property lines abutting or across the street from an existing farm use;
Configuration of residential lots so the largest lots abut the buffer and maximize separation from the existing farm use;
Location of residential lots upwind of existing farm activities likely to create objectionable odors; and
Provision of fences along the common property line to prevent access (both human and animal) between the existing farm and the adjacent residential, mixed-use, or nonresidential development.
Section 27-5.1200. Signage The section builds on the sign regulations in Part 12 of the Zoning Ordinance, making modifications to incorporate recent best practices, conforming the regulations to the new format, and providing clarification to facilitate user understanding. Section 27-5.1300. Sustainable/Green Development Practices In accordance with Section IV.C, Support and Encourage Sustainable/Green Building Practices, this section defines terms, removes barriers, and adopts reasonable regulations and incentives for the following types of green building practices:
Alternative energy systems that would include but not be limited to solar energy systems, solar collectors, solar arrays, wind energy conversion systems (WECs), other wind energy systems, geothermal systems, electric vehicle charging stations, and alternative fuel filling stations;
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Energy conservation techniques and devices, including but not limited to green roofs, roof gardens, and cool roofs;
Water conservation techniques and devices, including but not limited to xeriscape, drip irrigation systems, bioswales, rain gardens, rain barrels, and water cisterns;
Low Impact Development standards for stormwater management;
Conservation of green infrastructure, including but not limited to tree protection, the provision of open space-set-asides, the protection of wetlands, rivers, streams, and other riparian areas; and the protection of and building practices in floodplains;
Urban agriculture activities, including but not limited to community gardens, produce stands, farmers markets, and the vegetable gardens and the raising of a limited number of animals (like chickens, ducks, and rabbits) in specified residential zones;
Compact, walkable urbanism that supports market driven and higher development densities with a mixes of uses in key centers and investment areas, together with requirements for high pedestrian and bicycle connectivity and a strong focus on the quality of the streetscape;
Housing diversity and affordability by increasing the housing options available to residents in close proximity to services, by right or subject to use specific standards, to address 21st century housing needs;
Universal design in housing;102 and
Recycling collection, transfer, treatment, and disposal facilities.
See discussion in Section IV.C, Support and Encourage Sustainable/Green Building Practices.
DIVISION 27-6. NONCONFORMITIES General Commentary: When regulations are amended they sometimes create nonconforming situations—nonconforming uses, structures, lots, signs, or site features (development standards like parking, landscaping, etc.). Because the County has amended the current Zoning Ordinance numerous times over the years, they have struggled with this issue in terms of balancing the integrity of new amendments with property rights. It has resulted in a complex and disjointed set of nonconformity regulations, both substantively and procedurally, that is not well
Division 27-6: Nonconformities Section 27-6.100 General Applicability Section 27-6.200 Nonconforming Uses Section 27-6.300 Nonconforming Structures
Section 27-6.400 Nonconforming Lots of Record
Section 27-6.500 Nonconforming Signs
Section 27-6.600 Nonconforming Site Features
102
The design of housing for life—so that people can live and function in the home through their entire lives. Examples of universal design include, door widths that allow for wheelchair access, bathrooms design with handicapped showers; and kitchen counters and other features that allow those in wheelchairs to cook and use kitchen facilities.
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organized, difficult to understand and does not necessarily support the County’s planning and development goals and Plan 2035. In addition, the County’s general policy approach to the treatment of nonconformities—the phasing out of “undesirable” nonconforming uses, structures, and site features (e.g., parking and landscaping requirements) by making them nonconforming and not allowing expansion or a change of use to anything other than a conforming use built consistent with the new development standards—has served (sometimes with other zoning policies) as a key tool in dampening desired types of redevelopment, and quite candidly any redevelopment at all in some instances. The policy plays out as follows. The County decides it is more preferable for multifamily in an area to develop as town homes instead of garden apartments, or that the desired character in an area should be modified and height and form standards refined and modestly reduced, and that landscaping needs to be increased. These changes are made in the Zoning Ordinance, and nonconformity provisions established or carried forward which do not allow the expansion of a nonconforming use or structure unless it complies with the new use and dimensional requirements, and the new landscaping requirements. The thinking behind the nonconformity policy, one prominent in zoning for years, is that the policy will result in the removal and redevelopment of properties in ways that conform to the new use and development standards, within a reasonable period of time. The reason for this thinking is that since the nonconformity policies limit what can be built, only the desired uses will be redeveloped and built. Experience teaches this is generally not the case, and has not been the case in Prince George’s, for primarily economic reasons:
Landowners/developers redevelop properties, when taking risk and the cost of redevelopment into account, the redevelopment results in increased profit. This market reality alone dampens much interest in redevelopment – especially when the landowner is making a reasonable profit operating the current use.
Nonconformity policy that requires redevelopment to comply with new use and development standards typically adds costs to redevelopment. In many instances, it can be significant costs, since the landowner might be required to tear down existing buildings and rebuild, or make significant structural and other changes to comply with new standards. This can reduce profit margins to the point there is no profit or the risks are too great for redevelopment to occur.
Another result of strict nonconformity policies on expansion is they prevent reinvestment in the nonconforming properties. This especially the case when businesses cannot be modestly expanded as demand for products increase—forcing them to move and/or minimize reinvestment in the property.
Of course, owner-occupied residential properties present different issues, as they are homes where individual families are “invested for life,” with no
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interest in making changes,103 except possibly to expand the size of the home;
Owner-occupied multifamily condominium properties create additional obstacles because they involve many different individual owners who are likewise “invested” in their properties, who must collectively make decisions about change and redevelopment;
Part 3, Division 6, of the current Zoning Ordinance is the most comprehensive section in the ordinance on nonconformities. It establishes rules on nonconforming uses, buildings and structures (but does not address lots, signs or site features). Generally, the rules allow nonconforming uses, buildings, and structures to continue if they receive a use and occupancy permit and receive certification (Sec. 27-44, Zoning Ordinance). The procedure for certification is lengthy and complicated, and rarely found in development codes.104 There are several different ways certification occurs. It may involve review and decision by the Planning Board; however, in some instances the District Council makes a final decision after Planning Board review and Zoning Hearing Examiner review and recommendation. In other instances the Planning Board makes an initial decision, which may be appealed to the District Council, or called up by the Council. However, there are no time limits to apply for certification.105 Nonconforming uses, buildings, and structures are allowed to expand as long as they conform to the zone dimensional standards in which they are located, and obtain a special exception permit from the District Council. However, there are exceptions for certain uses. Examples include: gas stations and drive-in restaurants (which may expand subject to compliance with specific requirements and review by the Planning Board); recreational and social uses for multifamily dwellings (subject to specific requirements); one-family detached dwellings; improvements to multifamily dwellings; and other uses. Other nonconformity provisions are located in other parts of the ordinance, and also establish specific rules for certain nonconforming uses. For example:
Regulations recognizing some uses or situations as “not nonconforming,” such as parking spaces in front of single family dwellings that do not comply with the area restrictions that are built before January 1, 2004 (Sec. 27120.01, Zoning Ordinance), or homes in Revitalization Tax Credit Districts built before September 1, 2002.
Provisions in the M-U-T-C zone stating permitted uses at the time of an MU-T-C rezoning are “considered a permitted use and shall not be considered nonconforming” (Sec. 27-198.01, Zoning Ordinance).
103
Unless the economic benefit is very significant, which is usually not the case. Modern codes typically allow the Planning Director or another administrative official make decisions about whether there is a nonconforming situation. That decision may usually be appealed to either a BZA or Planning Board. 105 There is some conflict in the case law of different states as to whether this procedure is enforceable against a legal nonconforming use if the landowner fails to gain certification, although the trend is that failure to file a registration certificate does terminate the use. see e.g., Board of Zoning Appeals, Bloomington, Ind. v. Leisz, 702 N.E.2d 1026 (Ind. 1998). 104
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Sec. 27-233, Zoning Ordinance, that generally prohibits the adoption of a SMA rezoning that creates nonconformities without a significant public benefit, even though the District Council could adopt the amendment anyway, and has taken such action.
Some of the footnotes in the use tables and language in other places in the regulations that establish very specific rules for certain nonconformities.
There are others. There are also several instances where the regulations require amortization of nonconformities.106 In almost all instances, those amortization periods have expired, and typically would have been removed from the ordinance. They include:
Signs (Sec. 27- 608, Zoning Ordinance), which requires amortization of signs in existence on December 24, 1975, within seven years or less, depending on the type of sign (the provision has not been removed from the ordinance).
Adult bookstores and/or other adult video stores (Sec. 27-248 and Sec. 27903, Zoning Ordinance), which require amortization by January 1, 2011 (the provision has not been removed from the ordinance).
Vehicle sales establishments greater than 25,000 square feet, which are required to be amortized over a three year period (Sec. 27-473(b), note 44, Zoning Ordinance). 107
Massage establishments (Sec. 27-249, Zoning Ordinance), which are required to be removed by January 1, 1987 (the provisions has not been removed from the ordinance).
106
Amortization generally requires a nonconforming use to conform to a Zoning Ordinance within a reasonable "amortization period." During the amortization period the land user can bring the use into conformity or not and recover all or part of his or her investment before the use must be discontinued. Maryland law allows communities to amortize, so long as the time period by which the use must conform is reasonable. In determining whether an amortization period is reasonable, a court compares the character of the governmental action and the economic impact on the land owner. Courts will also consider the time period for amortization, the nature of the nonconforming use, the structures on the land, and the landowner’s investment in the use that is subject to amortization. Gough v. Board of Zoning Appeals for Calvert County, 21 Md. App. 697, 321 A.2d 315 (Md. App. 1974). Factors include: • Whether the use has a detrimental impact on surrounding neighborhoods, such as a decrease in land values; • Whether the amortization period is fair. For example, amortization periods have been upheld where they are consistent with the time period for depreciating assets under the tax code; • Whether the use or structure can be transferred to another zone; • The extent of the company’s business that is affected. For example, the Maryland Court of Appeals upheld a five-year billboard amortization in residential zones where it found that these constituted only 5 percent of a company’s billboards in the city; and Whether the affected business has established procedures that mitigate the impact of the regulation. For example, a billboard company’s leases exempted it from rent if a municipal ordinance required the billboards to be removed. Grant, supra. 107 The provision was challenged and successfully defended by the County on the basis the Plaintiffs had filed to exhaust administrative remedies. Prince George's County v. Ray's Used Cars, 398 Md. 632, 922 A.2d 495 (2007).
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Part VI: Annotated Outlines of New Zoning Ordinance and Subdivision Regulations Zoning Ordinance - Division 27-6: Nonconformities
The rules governing nonconforming signs are found in Sec. 27-605, Signs for Nonconforming Businesses in Residential Zones, and Sec. 27-606, Alteration. Finally the current provisions do not include rules governing nonconforming signs. They also do not include rules governing nonconforming sites features (off-street parking, landscaping, open space set-asides, lighting, design standards, etc.). In sum, the current nonconformity regulations are not only poorly organized, but in real need of modernization, procedural streamlining, and some substantive changes if they are going to support the County’s growth and development goals and Plan 2035. To accomplish this, we suggest the following changes:
Consolidate all the nonconformity regulations into this Division 27-8: Nonconformities. There should be general rules established that apply to all nonconformities, and then specific rules established for: o
Nonconforming uses;
o
Structures;
o
Lots;
o
Signs; and
o
Site features.
The goal in the drafting should be to establish general rules that would apply to all specific nonconforming situations. If specific special rules must be carried forward, they will be kept to a minimum and added in the nonconforming sections to which they apply (uses, structures, lots, signs, site features).
Delete the certification requirement and use and occupancy permit requirement, and authorize the Planning Director to make determinations as to whether a use is a nonconformity. Authorize the Planning Board to serve as the appellate body for Planning Director decisions on nonconformities.
Remove the District Council as a decision-maker on nonconformities. 108
Delete the current provisions that prohibit adoption of SMAs that create nonconformities without a significant public benefit, since the SMA amendment could be adopted by the District Council anyway.
Remove the current amortization provisions since the time periods for amortization has expired. Discuss and provide policy direction on whether other amortization provisions should be included in the new ordinance.
Carry forward the current regulations that allow the expansion of nonconforming uses and structures, as long as they comply with the
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Especially since these type of decisions involve technical, fact-intensive issue, and the application of technical and legal standards. Best practices do not involve legislative bodies in such decision-making.
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Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
Part VI: Annotated Outlines of New Zoning Ordinance and Subdivision Regulations Zoning Ordinance - Division 27-6: Nonconformities
relevant dimensional standards, subject to review and approval as a Special Exception.
Add provisions that allow the Planning Director to approve departures/adjustments from dimensional standards (lot area, setbacks, height): o
By up to 15 percent anywhere in the County; and
o
By up to 25 percent in the Centers and “inside the beltway.”
Add/modify provisions that allow the Planning Board to approve adjustments between 15 and 25 percent in areas outside those targeted for adjustments of the same amount by the Planning Director.
Add a provision on site features that requires compliance for remodeling and expansion, based on a sliding scale tied to the amount of redevelopment done.
Section 27-6.100. General Applicability This section builds on Sec. 27-241, Continuation, of the current Zoning Ordinance, but reorganize the section and establish a number of new rules. The Planning Director will be authorized to make decisions and interpretations on the text for the division. Certification of a nonconformity will not be required. Sec. 27-6-101. Purpose and Scope This subsection establishes that the division addresses legally established uses, structures, lots, signs, and other site features that do not comply with the requirements of the new ordinance. Sec. 27-6-102. Authority to Continue All lawfully established nonconformities are allowed to continue in accordance with the standards of this section, which builds on Sec. 27-243 Reconstruction, Reestablishment, and Restoration, of the current ordinance. Sec. 27-6-103. Determination of Nonconformity Status This new section includes a standard provision stating that the landowner, not the County, has the burden of proving the existence of a lawful nonconformity. As noted above, the Planning Director is authorized to determine nonconformity status. The Planning Director’s decision may be appealed to the Planning Board. Sec. 27-6-104. Minor Repairs and Maintenance This section states that routine maintenance of nonconforming structures will be allowed to keep nonconforming uses and structures in the same condition they were at the time the nonconformity was established. This rule also applies to structures housing nonconforming uses. Sec. 27-6-105. Change of Tenancy or Ownership This subsection states that change of tenancy or ownership will not, in and of itself, affect nonconformity status.
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Part VI: Annotated Outlines of New Zoning Ordinance and Subdivision Regulations Zoning Ordinance - Division 27-6: Nonconformities
Section 27-6.200. Nonconforming Uses This section includes provisions dealing with existing uses that no longer conform with the zone provisions where they are located. The section builds on the County’s current regulations with respect to nonconforming uses, but will explore modifications that support redevelopment that is consistent with its context and the County’s development goals. Section 27-6.300. Nonconforming Structures This section establishes the key standards governing nonconforming structures. The section addresses enlargement, abandonment, relocation, and reconstruction after damage. In the rewrite, modifications will be written to support redevelopment that is consistent with its context and the County’s development goals. Section 27-6.400. Nonconforming Lots of Record This section establishes rules for lots of record that were platted prior to the effective date of the ordinance, but that do not meet the dimensional requirements of the zone where they are located. A number of flexibility and other provisions are being added to the new ordinance to reduce nonconforming lots, but some nonconforming lots will still exist. The section establishes that the landowner of a nonconforming lot in a residential zone may put one residential unit on the lot; there are specific rules established for different situations. For example, if the residential unit can be developed in a way that complies with the other dimensional requirements, no special review is required. If it cannot, special review by the Planning Board is required to ensure the unit is compatible with the character of the neighborhood. Rules are established for nonconforming lots in nonresidential zones. Rules are also established for redevelopment or reconstruction on nonconforming lots following a casualty (major damage). The standards will also specify that governmental acquisition of a portion of a lot (for example, for road expansion) in a zone does not render the lot nonconforming (even if it no longer meets the dimensional standards), and establish review procedures and standards for review of a plan for development on the lot. Finally, the section deals with changes to nonconforming lots such as boundary line adjustments or assembly of multiple lots. Section 27-6.500. Nonconforming Signs This section carries forward the requirements established in Subtitle 27, Part 12 (Signs), Division 2 (Administration), and Subdivision 2 (Nonconforming Use Signs and Nonconforming Signs) of the existing Zoning Ordinance, as may be updated in the rewrite.
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Part VI: Annotated Outlines of New Zoning Ordinance and Subdivision Regulations Zoning Ordinance - Division 27-7: Enforcement
Section 27-6.600. Nonconforming Site Features This section adds provisions dealing with nonconformities in site features—offstreet parking, landscaping, and lighting. Currently, the Zoning Ordinance does not specify when such nonconforming site features must be brought into conformity. This new section requires that specified site features be brought into conformance on a sliding scale when the structure is substantially remodeled, or when the floor area of a building is enlarged by threshold percentages, with an important “safety valve” provision that allows for a waiver of requirements in cases where the site has physical constraints that prevent upgrading certain elements.
DIVISION 27-7. ENFORCEMENT General Commentary: The current Zoning Ordinance is enforced by the Department of Permitting, Inspections, and Enforcement (DPIE). Enforcement of a zoning violation typically begins with a “stop work” order giving the applicant five days to comply. DPIE may extend this time period. The regulations include a procedure for the police to seize land if a violation continues, and for fines for continued violations. An expedited process is available that calls for the immediate cessation of a violation, followed by a hearing before the Zoning Hearing Examiner, which is appealable directly to Circuit Court. (See Part 3, Division 8, Enforcement, Zoning Ordinance.)
Division 27-7: Enforcement Section 27-7.100 Purpose Section 27-7.200 Compliance Required Section 27-7.300 Violations Section 27-7.400 Responsible Persons Section 27-7.500 Enforcement Generally
Our interviews with County staff indicated there are problems and Section 27-7.600 Remedies and Penalties inefficiencies with the current enforcement provisions, and they are in need of modernization and the incorporation of enforcement best practices. This division will build on the enforcement provisions in Part 3, Division 8, Enforcement, in the current ordinance, but modernize these provisions and incorporate best practices to ensure more efficient and effective enforcement of the Zoning Ordinance, in consultation with County staff and the County Attorney’s office (Office of Law). Section 27-7.100. Purpose This new section sets forth the purpose of the enforcement section. Section 27-7.200. Compliance Required This section builds on language in Sec. 27-264, Enforcement Procedures. It clearly states that compliance with all provisions of the ordinance is required. Section 27-7.300. Violations This new section explains that failure to comply with any provision of the ordinance, or the terms or conditions of any permit or authorization granted pursuant to the ordinance, shall constitute a violation of the ordinance. The section also more specifically identifies both general violations as well as specific permit violations.
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Part VI: Annotated Outlines of New Zoning Ordinance and Subdivision Regulations Zoning Ordinance - Division 27-8: Definitions
Section 27-7.400. Responsible Persons This new section states who is responsible for a zoning violation when it occurs. It is as broad as legally possible, and states that any person who violates the ordinance shall be subject to the remedies and penalties set forth in the division. Section 27-7.500. Enforcement Generally This section identifies those persons responsible for enforcement of the provisions of the ordinance, as well as the general enforcement procedure. The Department of Permitting, Inspections, and Enforcement (DPIE), the Director of DPIE, and to a lesser degree the Police Chief and Fire Chief. This section builds on Sec. 27-264, Enforcement, and describes the enforcement process and includes provisions for notice of violation, and procedures to deal with complaints filed by others regarding a perceived or potential violation. Section 27-7.600. Remedies and Penalties This section builds on Sec. 27-265, Penalties. It broadens the current provisions by including both civil and criminal penalties, detailing the range of penalties and remedies available to the County under Maryland law.
DIVISION 27-8. DEFINITIONS General Commentary: The definitions division is the last division in the new Zoning Ordinance. It carries forward a number of the provisions and defined terms in Part 2, General, Division 2, Definitions, from the current ordinance. However, it enhances the definitions and use of definitions through:
Division 27-8: Definitions Section 27-8.100 General Rules for Interpretation
Section 27-8.200 Rules of Measurement Section 27-8.300 Definitions
Including rules measurement,
Consolidating all rules of measurement into a section;
Incorporating a table of abbreviations;
Adding definitions of all Uses identified in the Use Table(s) is Division 4: Use Regulations;
Consolidating the numerous definitions spread throughout the ordinance; and
Removing standards from the definitions, and placing them in the appropriate place in the new ordinance.
of
construction
and
Clear definitions of important words and phrases not only make life easier for those who must interpret and administer the ordinance and for those who must hear appeals of decisions made by the Planning Director—they also make it much easier for the public to know what is required. We will review, evaluate, and then refine and modernize the definitions, and add new definitions, as
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Part VI: Annotated Outlines of New Zoning Ordinance and Subdivision Regulations Zoning Ordinance - Division 27-8: Definitions
appropriate, so the new ordinance has a clear, modern, and workable set of definitions. Section 27-8.100. General Rules for Interpretation This section builds on Part 2, General, Division 2, Interpretation and Rules of Construction. It addresses general issues related to interpretation of ordinance language, including:
The meaning of standard terms such as “shall,” “should,” “will,” and “may”;
The use of plural and singular nouns;
The meaning of conjunctions;
How time is computed; and
Other general issues that arise in interpreting and administering the ordinance and its procedures.
Section 27-8.200. Rules of Measurement This section consolidates and establishes the rules for measuring bulk and dimensional requirements like height, width, setbacks, lot area, how encroachments into required yards will be determined and regulated, and the other measurements that are required to interpret standards. The result is a central location where the user can go if there is a need to apply a rule of measurement. Graphics are used in this section to assist in the explanation of the different rules of measurement. Section 27-8.300. Definitions As noted above, this section includes definitions of terms used throughout the ordinance. It will begin with an evaluation of the definitions in Part 2, General, Division 2, Definitions, from the current ordinance, and then refine and modernize the definitions, and add new definitions, as appropriate, so the new ordinance has a clear, modern, and workable set of definitions. We use the definitions found in the existing ordinance as a starting point for the definitions section, but add numerous definitions related to the zones, the uses, and the development standards as necessary. We also revise definitions as necessary to ensure that the definitions do not contain substantive or procedural requirements. We verify that key definitions conform to federal and Maryland law and constitutional requirements.
APPENDIX The Appendix is included as a possible repository of forms, application materials, and other supplemental information not placed in a Procedures Manual.
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Part VI: Annotated Outlines of New Zoning Ordinance and Subdivision Regulations Subdivision Regulations - Division 24-1: General Provisions
SUBTITLE 24. SUBDIVISION REGULATIONS The sidebar outlines the proposed structure of the new Subdivision Regulations, which is composed of six divisions. The Subdivision Regulations are expected to continue to occupy Subtitle 24 of the County Code of Ordinances.
DIVISION 24-1. GENERAL PROVISIONS This division carries forward those provisions in Subdivision 2 of Division 1 of the current Subdivision Regulations that set forth the general intent of purposes of the Subdivision Regulations and establish a clear basis for the County’s authority to adopt and administer Subdivision Regulations. It also includes provisions that make clear when the subdivision of land is required under the regulations (this will be done in this section and with a definition of subdivision in the definitions section), how Subdivision Regulations relate to zoning regulations (and vice versa) and other laws affecting development, and establish rules governing the transition of subdivisions pending or recently approved.
Subtitle 24: Proposed Subdivision Regulations Division 24-1 General Provisions Division 24-2 Administration Division 24-3 Subdivision Standards o Sec. 24-3.100 Planning and Design o Sec. 24-3.200 Transportation, Pedestrian, Bikeway, Circulation Standards o Sec. 24-3.300 Environmental Standards o Sec. 24-3.400 Public Facility Requirements o Sec. 24-3.500 Public Facility Adequacy o Sec. 24-3.600 Road Adequacy o Sec. 24-3.700 School Facility Adequacy o Sec. 24-3.800 Parklands and Recreation Facilities
Division 24-4 Chesapeake Bay Critical Area Standards
Division 24-5 Enforcement Division 24-6 Definitions APPENDIX
The division might also include provisions establishing an APF certification process. As discussed in Section II.F.5, Refine the Subdivision Regulations to Streamline Procedures and Clarify Review Standards, II.F.5.a(2),Review Standards, there might be instances where the District Council decides that either a portion or all of APF capacity reserved for a subdivision approval prior to the effective date of the new regulations should be extinguished if a site has not developed within a certain period of time. If this APF capacity is extinguished, development of the site would have to receive APF approval under the new regulations. Decisions about whether to proceed in this way should be made later in the drafting process. However, if it is decided to proceed in this way, we suggest an APF certification process be established so that a landowner/developer who believes their APF capacity under the rules established in the new regulations is still valid, may undertake a review procedure to demonstrate that is the case. Basically, an APF certification process provides an opportunity for a landowner whose APF capacity will be extinguished to file a request for APF certification to demonstrate their APF capacity is still valid, based on the rules established in the new regulations. If the applicant demonstrates APF capacity still remains, a
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Part VI: Annotated Outlines of New Zoning Ordinance and Subdivision Regulations Subdivision Regulations - Division 24-2: Administration
certification would be issued, and the APF capacity would remain valid for the time period approved in the certification.
DIVISION 24-2. ADMINISTRATION This division sets out the procedures for the review of various types of applications for subdivision approval. (See discussion in Section II.F.5, Refine the Subdivision Regulations to Streamline Procedures and Clarify Review Standards, of this report.) Section 24-2.100. Text Amendments This carries forward the current procedure for amending the Subdivision Regulations, modifying it as necessary to enhance clarity and mirror the common procedure format used in the Zoning Ordinance. Section 24-2.200. Major Subdivision Approvals This carries forward the current review process involving preliminary plan approval and final plat approval by the Planning Board, but revises the latter to allow the Planning Board Chair to sign the final plat without a public hearing. It will also include provisions recognizing that site plan approval (if required) must be approved prior to final plat approval (a similar provision will be included in the Zoning Ordinance procedures). Section 24-2.300. Minor Subdivison This carries forward the current procedure for review of minor subdivisions, as well as the current definition of minor subdivision (the division of up to four residential lots in residential single-family zones, and the division of up to seven lots in Sustainable Growth Tier IV). Section 24-2.400. Conservation Subdivision This carries forward the current three-step review process involving check off on a sketch plan by the Planning Director, then preliminary plan approval and final plat approval by the Planning Board. . Section 24-2.500. Zero Lot Line Development This carries forward provisions in Sec. 24-138 of the current Subdivision Regulations, modifying them as necessary to enhance clarity and mirror the common procedure format used in the Zoning Ordinance. Section 24-2.600. Resubdivision of Land This carries forward the current procedure for the resubdivision of land, modifying it as necessary to enhance clarity and mirror the common procedure format used in the Zoning Ordinance. Section 24-2.700. Reservations This carries forward provisions in Sec. 24-139 of the current Subdivision Regulations.
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Part VI: Annotated Outlines of New Zoning Ordinance and Subdivision Regulations Subdivision Regulations - Division 24-3: Subdivision Standards
Section 24-2.800. Vacation of Plats This carries forward the current procedure for the vacation of plats, modifying it as necessary to enhance clarity and mirror the common procedure format used in the Zoning Ordinance. Section 24-2.900. Variations This carries forward the current procedure authorizing the Planning Board to grant hardship variations of Subdivision Regulations, modifying it as necessary to enhance clarity and mirror the common procedure format used in the Zoning Ordinance.
DIVISION 24-3. SUBDIVISION STANDARDS As part of the rewrite of the subdivision standards, care will be taken to ensure that the subdivision standards generally support the walkable urbanism development supported in the Centers in the Zoning Ordinance. Section 24-3.100. Planning and Design This carries forward provisions in Sec. 24-121 of the current Subdivision Regulations. Section 24-3.200. Transportation, Pedestrian, Bikeway, Circulation Standards This carries forward provisions in Division 4 of the current Subdivision Regulations, modifying them as necessary to enhance clarity and maintain consistency with comparable standards in the Zoning Ordinance and other development regulations. In accordance with Section V.F, Roadway Design, Mobility, and Connectivity, of this report, this division also includes a new set of basic street design standards to apply in zones associated with Regional Transit Districts and Local Transit Centers. To complement the mixed-use, urban, and transit-supportive character of development in these areas, the standards emphasize local vehicular circulation, pedestrian activity, on-street parking, street and bicycle network and connectivity, and access management. The concept of complete streets will also be explored in these areas. The regulations will also provide developers significant flexibility to propose alternative mobility and connectivity plans that demonstrate equivalent compliance. For other areas of the County, the division includes a basic set of community form standards that support strong and well-connected street and pedestrian networks. This set of standards may include standards such as the following:
Roadway design (e.g., build private streets to public street design and construction standards; design all “local” streets for maximum speeds (e.g., of 25 miles an hour); encourage roundabout intersections, raised crosswalks, a grid pattern, or a modified grid pattern; incorporate arterial and collector streets identified on the County’s long-range transportation plan into new development design; design streets with appropriate streetscape elements and dimensions to allow access for vehicles and pedestrians);
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Part VI: Annotated Outlines of New Zoning Ordinance and Subdivision Regulations Subdivision Regulations - Division 24-3: Subdivision Standards
Street connectivity (e.g., apply a street connectivity index or block perimeter requirement to ensure a minimum level of street connections; limit cul-desacs to a maximum length of 500 feet, with pedestrian access to any adjacent pedestrian system or other local streets; generally limit average block length to 1,200 feet); require roadway connections to adjacent undeveloped land at least every 1,250 to 1,500 feet for each direction);
Minimum number of entry points (e.g., require at least two ingress/egress points for subdivisions with 50 or more lots/dwellings, plus one additional entry for every 200 additional lots/dwellings; limit driveways within 500 feet of a subdivision entrance/exit);
Traffic calming (e.g., interrupt long straight street segments over 1,200 feet in length with street jogs, off-sets, or mini-roundabouts, curvilinear streets, or chicanes, neck-downs, and medians);
Sidewalks and crosswalks (e.g., generally require sidewalks both sides of every street (especially transit routes) unless a nearby greenway or multipurpose trail provide equivalent pedestrian connections or the development lies on an arterial or major collector road with connecting sidewalks within 500 feet;
Street tree planting requirements;
Incentives for the provision of bicycle facilities;
Lot access (e.g., configure flag and cul-de-sac lots to maintain adequate minimum access to accommodate driveways and public infrastructure; prohibit direct driveway access to arterial streets unless no alternative means of access (e.g. alleys or parallel access streets) exists and it is unreasonable or impractical to require a parallel access street; limit driveway access to collector streets).
Finally road design standards for the rural areas of the County will be explored. Section 24-3.300. Environmental Standards This carries forward provisions in Division 5 of the current Subdivision Regulations, modifying them as necessary.. Section 24-3.400. Public Facility Requirements This carries forward Sec. 24-122 of the current Subdivision Regulations. Section 24-3.500. Public Facility Adequacy As discussed in Section II.F.5.a(2), Review Standards, the current APF requirements will be evaluated and revised, as appropriate, to make their procedural review more efficient, and to support the County’s economic development and other Plan 2035 goals. This evaluation and revision to the APF requirements will address such issues as:
How APF capacity should be reserved;
How public facility adequacy should be determined and measured, and how it should be modified to support Plan 2035 goals ;
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Part VI: Annotated Outlines of New Zoning Ordinance and Subdivision Regulations Subdivision Regulations - Division 24-4: Chesapeake Bay Critical Area Standards
Who reviews and makes decisions on APF;
How APF can be determined for development that is not subject to subdivision; and
Other related issues.
Section 24-3.600. Road Adequacy109 See Section II.F.5.a(2), Review Standards, in the report, and Section 24-3.500, Public Facility Adequacy, in the previous section. Section 24-3.700. School Facility Adequacy See Section II.F.5.a(2), Review Standards, in the report, and Section 24-3.500, Public Facility Adequacy, above. Section 24-3.800. Parklands and Recreation Facilities This section will build on the current section on parklands and recreation, but will be revised after further discussions with the Parks and Recreation staff, to ensure recommendations in the Formula 2040 Functional Master Plan are incorporated, as well as other staff recommendations. As discussed in Section V.E, Open Space, of this report, the parkland dedication standards will also be synched with the open space standards in the Zoning Ordinance. Finally, changes to the Zoning Ordinance will be explored to require parkland dedication/in-lieu fees for development not subject to subdivision.
DIVISION 24-4. CHESAPEAKE BAY CRITICAL AREA STANDARDS This division carries forward the provisions in Division 10 of the current Subdivision Regulations that require a conservation plan as part of any subdivision proposed in a Chesapeake Bay Critical Area Overlay Zone.
DIVISION 24-5. ENFORCEMENT The Subdivision Regulations are enforced by withholding building permits. In addition, the County may bring an abatement action and seek damages for the violations. Subdivision violations are typically initiated by the Planning Director, with a referral to the County Office of Law. The County may impose civil fines for zoning or subdivision violations. A zoning violation may also result in a misdemeanor, with a fine of fine of $500 or up to 90 days imprisonment. Citation processes and specific fines are set out in Subtitle 28 of the County Code.
DIVISION 24-6. DEFINITIONS This division consolidates the definitions found in various parts of the Subdivision Regulations into a single location. As discussed in Section II.F.5, Refine the Subdivision Regulations to Streamline Procedures and Clarify Review
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Sec. 24-124.01, Adequate Pedestrian and Bikeway Facilities Required in County Centers and Corridors, is being replaced by bike standards.
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Part VI: Annotated Outlines of New Zoning Ordinance and Subdivision Regulations Subdivision Regulations - Division 24-6: Definitions
Standards, of this report, the definitions add a clear definition of “subdivision” that is consistent with state law.
APPENDIX The Appendix is included as a possible repository of forms, application materials, and other supplemental information not placed in a Procedures Manual.
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VII. APPENDICES A. APPENDIX A: EXAMPLES OF USER-FRIENDLY CODE GRAPHICS
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Part VII: Appendices VII.B. Appendix B: Examples of Summary Tables Used in Codes
B. APPENDIX B: EXAMPLES OF SUMMARY TABLES USED IN CODES
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Part VII: Appendices VII.B. Appendix B: Examples of Summary Tables Used in Codes Appendix C: Example Zone Regulation Format
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Part VII: Appendices VII.C. Appendix D: Flow Charts of Current Processes
C. APPENDIX D: FLOW CHARTS OF CURRENT PROCESSES 1. Figure 1: Current Zoning Map Amendment: Conventional Zones
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Part VII: Appendices VII.C. Appendix D: Flow Charts of Current Processes
2. Figure 2: Current Comprehensive Design Zone Process
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Part VII: Appendices VII.C. Appendix D: Flow Charts of Current Processes
3. Figure 3: Current Special Exception Process
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Part VII: Appendices VII.C. Appendix D: Flow Charts of Current Processes
4. Figure 4: Current Special Permit Process
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Part VII: Appendices VII.C. Appendix D: Flow Charts of Current Processes
5. Figure 5: Current Preliminary Subdivision Plan Process
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Part VII: Appendices VII.C. Appendix D: Flow Charts of Current Processes
6. Figure 6: Current Conceptual and Detailed Site Plan Process
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Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
D. APPENDIX E: COMPILATION OF CURRENT USE TABLES AND TABLES OF INTENSITY AND DIMENSIONAL STANDARDS The following pages include tables representing an attempt to consolidate the use tables and tables of intensity and dimensional standards contained in the current Zoning Ordinance and Subtitle 27A. The exercise of compiling all uses and the intensity and dimensional standards expressly allowed by the current Zoning Ordinance into a series of tables reinforces many of the problems with current standards that have been identified by County staff and stakeholders, including:
The size, specificity, and complexity of the use tables, which makes them difficult to navigate through and inflexible in terms of addressing uses that are not specifically listed.
The extent to which the use standards are modified by table footnotes, which only make the standards even more complicated and difficult to understand and apply.
Conflicts and inconsistencies in how the same or similar use is identified and treated in the various zones.
Ambiguity in how many listed uses are identified and in related footnotes.
Gaps in the range of commercial uses allowed in various zones.
Inconsistencies between uses allowed in zones and their purpose (e.g., auto-oriented uses in pedestrian-oriented mixed-use zones).
Substantial variation and inconsistency in the types of intensity and dimensional standards applied in the various zones.
The complexity of intensity and dimensional standards in many zones (which can vary with wide range of factors: use, location, height, etc.).
Because the current use tables and tables of intensity and dimensional standards are so complex and disjointed, compilation of the tables relied on a substantial number of assumptions and interpretations. Thus the table may not accurately reflect how the current use tables and intensity and dimensional standards are applied by County staff, which may be relying on different assumptions and interpretations. This reinforces the need to have use standards and intensity and dimensional standards that are clear enough to be similarly understood by all users of the ordinance. For example, eating and drinking establishments in the comprehensive design zones are broken down into just delicatessens and all other eating and drinking establishments. In the M-U-I Zone, they are broken down by whether they have drive-through service and whether they have music and dancing after midnight. And in the M-U-TC Zone, they are broken down into drive-in restaurants, fastfood restaurants, and all other eating and drinking establishments, with fastfood restaurants and other eating and drinking establishments further broken down by location and other factors. In the new Zoning Ordinance, eating and drinking establishments may still be broken down into various specific uses, but
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Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
there would be only one set of such uses rather than the multiple sets in the current Zoning Ordinance. This same problem of multiple and conflicting breakdowns among the various zones exists for many other categories of use. The consolidated use tables and tables of intensity and dimensional standards are also helpful in identifying the degree to which current zones treat uses and developments similarly—perhaps similarly enough to justify the consolidations of zones (see Part III, Modernize, Simplify, and Consolidate Zones and Zone Regulations). The compiled tables are grouped as follows:
Residential Zones o
Use Table (with table notes)
o
Table of Intensity and Dimensional Standards (with table notes)
Commercial and Industrial Zones o
Use Table (with table notes)
o
Table of Intensity and Dimensional Standards (with table notes)
Comprehensive Design, Planned Community, and Mixed Use Zones o
Use Table (with table notes)
o
Table of Intensity and Dimensional Standards (with table notes)
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SE = Allowed as a Special Exception
SE X X P X X SE X
Animal hospital, veterinary office (CB-76-2003)
Antique shop
Barber shop (CB-81-2008)
Bed-and-Breakfast Inn in accordance with Section 27-445.13 (CB-392009)
Commercial recreational development (CB-35-2000)
Contractor's office, which may include wholly-enclosed storage, as a permanent use (CB-75-2001)
Distillery for the production of fuel alcohol
Drug paraphernalia display or sales, pursuant to Section 27-115(a)(1)
X
Farm implement sales or repair; farm supplies sales
Gas station (CB-36-2004)
SE
P
P
SE
X
SE
P
X
X
X
X
X
SE
X
X
P
X
SE
SE
P90
O-S
SE
P
P
SE
P
P
SE
X
SE
P
X
X
X
X
X
X
P
X
X
X
X
X
SE
X
X
X
X
P96
X
X
X
X
P66 67
P
X
X
X
X
R-80
P
SE
86
SE
SE
X
R-R
VII-13
SE
P
SE
SE
X
P75
SE
SE
SE
P
X
SE14 P
X
X
X
X
X
X
X
P
SE
86
SE
SE
P90
R-E
X
X
X
X
SE
X
X
P
X
SE
SE
P90
R-A
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
SE
Landscaping contractor's business (CB-10-1996)
X P
(B) On a lot having a net area between 20,000 sq. ft. and 80,000 sq.
(C) On a lot having a net area exceeding 80,000 sq. ft. (CB-37-1991; CB-16-1993)
ft.
(A) On a lot having a net area of 20,000 sq. ft. or less
X
X
Funeral parlor, undertaking establishment
Kennel:
P X
Farm Winery (CB-36-2009)
89
X
X
(ii) Excluding drive-through service
(iii) Including music and patron dancing past the hours of 12:00 A.M., excluding adult entertainment (CB-14-2013)
X
(i) With drive-through service
Eating or drinking establishments:
P90
R-O-S
X
X
X
X
X
SE
X
X
X
X
X
X
X
X
X
P
X
X
X
X
X
X
SE
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
R-35
P74
R-55
X
X
X
X
X
SE
X
X
X
X
X
X
X
X
X
X
X
X
X
X
R-20
ZONE
X
X
X
X
X
SE
X
X
X
X
X
X
X
X
X
X
X
X
X
X
R-T
USE TABLE – RESIDENTIAL ZONES SP = Allowed with a Special Use Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
Agritourism
(1) Commercial:
PRINCIPAL USES
USE
P = Permitted
1. Residential Zones
X
X
X
X
X
SE
X
X
X
X
X
X
X
X
X
X
X
X
X
X
R-30
X
X
X
X
X
SE
X
X
X
X
X
X
X
X
X
X
X
X
X
X
R-30C
X
X
X
X
X
SE
X
X
X
X
X
X
X
X
X
X
X
X
X
X
R-18
X
X
X
X
X
SE
X
X
X
X
X
X
X
X
X
X
X
X
X
X
R-18C
X
X
X
X
X
SE
X
X
X
X
X
X
X
X
X
X
X
X
X
X
R-10A
X
X
X
X
X
SE
X
X
X
X
X
X
X
X
X
X
X
X
X
X
R-10
X
X
X
X
X
SE
X
X
X
X
X
X
X
X
X
X
X
X
X
X
R-H
PB = Allowed as related, dependent, and secondary to a
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
X X P
X
X
X
X
X
Parking lot, required, serving adjacent Commercial or Industrial Zone
Retail sales and consumer service establishment (CB-140-1986)
Waterfront Entertainment/Retail Complex, in accordance with Section 27-445.08 (CB-44-1997)
Where not otherwise specifically permitted, any use allowed in the C-SC Zone (excluding those permitted by Special Exception), if; as of February 1, 2003: (1) the use is located on a parcel which is surrounded by commercial and institutional uses; (2) said parcel does not abut any property that is improved with single-family detached residential dwellings; and (3) the site has frontage on a street shown on the applicable Master Plan as an arterial or higher classification. Any such use shall only be located upon property that is the subject of an approved Detailed Site Plan. (CB-4-2003)
Where not otherwise specifically permitted, any use allowed by Special Exception in the C-S-C Zone, if; as of February 1, 2003: (1) the use is located on a parcel which is surrounded by commercial and institutional uses; (2) said parcel does not abut any property that is improved with single-family detached residential dwellings; and (3) the site has frontage on a street shown on the applicable Master Plan as an arterial or higher classification. Any such use shall only be located upon property that is the subject of an approved Detailed Site Plan. (CB-42003)
Where not otherwise specifically permitted, any use allowed in the C-SC Zone (excluding those permitted by Special Exception). (CB-65-2003; CB-70-2003)
Where not otherwise specifically permitted, any use allowed by Special Exception in the C-S-C Zone. (CB-65-2003; CB-70-2003)
Where not otherwise specifically permitted, any use allowed in the C-SC Zone (excluding those permitted by Special Exception), may be located within a multi-family development, provided that the multifamily development is the subject of a high-rise condominium regime; the uses are located on the street level of the multi-family building, the property is located in a Transit District Overlay Zone, and the property abuts the District of Columbia. (CB-82-2008)
X
X
X
X
X
P
X
SE
X
X
X
O-S
X
X
X
X
X
P
X
SE
X
X
X
R-A
X
X
X
X
X
P
X
SE
X
X
X
R-E
X
SE72
P72
X
X
P
X
SE
X
P
61
X
R-R
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
X
Offices, general business and professional
VII-14
X
Monument and headstone sales establishment (CB-60-1998)
R-O-S
X
X
X
X
X
P
X
SE
X
X
X
R-80
X
X
X
X
X
X
X
SE
X
X
X
R-55
X
X
X
X
X
X
X
SE
X
X
X
R-35
X
X
X
X
X
X
X
SE
X
X
X
R-20
ZONE
P87
SE73
P73
X
X
X
X
SE
X
X
X
R-T
USE TABLE â&#x20AC;&#x201C; RESIDENTIAL ZONES SP = Allowed with a Special Use Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
X
SE = Allowed as a Special Exception
Limited professional uses in multifamily projects
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
X
X
X
X
X
X
X
SE
X
X
SE
8
R-30
X
X
X
X
X
X
X
SE
X
X
SE
R-30C
X
X
X
X
X
X
X
SE
X
X
SE
R-18
X
X
X
P
X
X
X
SE
X
X
SE
R-18C
X
X
X
SE
X
X
P
SE
X
X
X
R-10A
X
X
X
X
X
X
SE
X
X
X
X
X
X
X
SE
SE
X SE
X
X
R-H
SE70
X
R-10
PB = Allowed as related, dependent, and secondary to a
SE = Allowed as a Special Exception
X
Chancery, on a lot having a net area of at least 15 acres
(CB-23-1988; CB-44-1989; CB-24-1999;
X X
Nursing or care home (may include a private spa) (CB-55-2011)
SE
SE
SE
X
SE
SE
P
SE
SE
SE
SE
X
SE
SE
X
SE
SE
P
P53 SE
X
X
X
X
X
X
SE
R-A
X
X
X
X
X
X
SE
O-S
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
X
Medical/residential campus
SE
(D) All others (CB-78-1997; CB-8-1998; CB-105-2012; CB-97-2013)
Hospital
SE
(C) A building containing no more than 7,000 square feet of gross floor area on a lot or parcel with not more than 1.5 acres for use by an organization providing benevolent services; for a permitted use, any change in occupant or use shall require Detailed Site Plan approval by the District Council
X
X
(B) An adaptive reuse of a structure(s) last owned by the Federal Government on a parcel with not more than 8 acres for use by survivors of domestic violence and their families, including social services and rehabilitative services related thereto, such as educational and employment training, counseling, and day care
Health campus
SE
SE
SE
X
X
X
(A) An adaptive reuse of a structure last occupied by a Federal postal facility on a lot or parcel not more than 25,000 square feet in area for use by an organization serving the homebound
Eleemosynary or philanthropic institution:
Day care center for children CB-2-2013)
95
(E) All others (CB-23-1988; CB-23-1993; CB-76-1993)
(D) Located in a building that was originally constructed as a dwelling, on a lot between 1 and 2 acres in size52
(C) Located on a lot between 1 and 2 acres in size52
(B) Located in a building that was originally constructed as a dwelling, on a lot less than 1 acre in size
(A) Located on a lot less than 1 acre in size
X
X
Church or similar place of worship:
X
Assisted living facility (CB-110-2004)
R-O-S
SE
SE
SE
SE
SE
SE
X
P
SE
P
P
P
SE
SE
SE
93
SE
SE
SE
SE
SE94
X
SE
SE
P
P
P
SE
SE
X
X
X
SE
SE
R-80
SE77
R-R
VII-15
SE
SE
SE
X
SE
SE
X
SE
SE
P
P
P
X
X
X
X
SE
R-E
SE
SE
SE
SE
SE
P
X
SE
SE
P
P
P
SE
SE
P
X
SE
R-55
SE
SE
SE
SE
SE
SE
X
SE
SE
P
P
P
SE
SE
X
X
SE
R-35
SE
SE
SE
SE
SE
SE
X
SE
SE
P
P
P
SE
SE
X
X
SE
R-20
ZONE
SE
SE
SE
SE
SE
SE
X
SE
SE
P
P
P
SE
SE
X
X
X
R-T
USE TABLE – RESIDENTIAL ZONES SP = Allowed with a Special Use Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
Adult day care center
(2) Institutional/Educational:
USE
P = Permitted
SE
SE
SE
SE
SE
SE
X
SE
SE
P
P
P
SE
SE
X
X
X
R-30
SE
SE
SE
SE
SE
SE
X
SE
SE
P
P
P
SE
SE
X
X
X
R-30C
SE
SE
SE
SE
SE
SE
X
SE
SE
P
P
P
SE
SE
X
X
SE
R-18
SE
SE
SE
SE
SE
SE
X
SE
SE
P
P
P
SE
SE
X
X
X
R-18C
X
X
X
X
SE
SE
X
SE
SE
PA
P
P
SE
SE
X
X
X
R-10A
SE
SE
SE
SE
SE
SE
X
SE
SE
P
P
P
SE
SE
X
X
X
R-10
SE
SE
SE
SE
SE
SE
X
SE
SE
P
P
P
SE
SE
X
X
X
R-H
PB = Allowed as related, dependent, and secondary to a
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
(CB-15-1990; CB-8-2003;
SE SE X
Athletic field, outdoor, private nonprofit (CB-43-1994)
Club, private
Commercial recreational attraction
VII-16
SE
SE
P55
P
P
SE
P
P
X
SE
SE
SE
P
P
SE
P
P
X
P
SE
P
P
X
SE
SE
SE
P
R-A
X
SE
SE
X
P
SE33
P
P
X
P
SE
X
P
X
SE
SE
SE
P
R-E
SE
X
SE
SE
P27 SE
X
P
X
P
P
X
P
SE
X
P
X
SE
SE
SE
P
R-80
P
P
SE
P
P
X
P
SE
X
P
X
SE
SE
SE
P
R-R
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
Commercial recreational facilities (privately owned) on land leased from a public agency, except as otherwise allowed:
P
P
SE
Archery range, privately owned and commercially operated on land leased from, and owned by, a public agency
(5) Recreational/Entertainment/Social/Cultural:
Voluntary fire, ambulance, or rescue station26 (CB-70-2008)
Sanitary landfill, rubble fill, or Class 3 fill CB-87-2003)
P
Public buildings and uses, except as otherwise provided
47, 71
P
Library
(4) Public/Quasi Public:
X
Signs, outdoor advertising (Billboards) (CB-85-1988)
P
SE
X
Mobile home, with use for which amusement taxes collected28
(B) All others (CB-86-1989; CB-11-1991)
(A) Cemetery, in accordance with Section 27-445.06
P
X
SE
P
Buildings and uses, serving public health purposes, on land owned by Prince George's County, Maryland, upon which hospitals or health centers are located, except if otherwise allowed as a Permitted (P) use41 (CB-55-1988)
P
X
Animals, not customarily household pets (CB-117-1986; CB-55-1988)
SE
SE
SE
P
O-S
SE
SE
Adaptive use of a Historic Site, when not otherwise allowed (CB-581987)
Cemetery, crematory:
SE
Adaptive reuse of a surplus public school, when not otherwise allowed
(3) Miscellaneous:
X SE
R-O-S
X
SE
SE
X
P
X
P
P
X
P
SE
X
P
SE
SE
SE
SE
P
R-55
X
SE
SE
X
P
X
P
P
X
P
SE
X
P
X
SE
SE
SE
P
R-35
X
SE
SE
X
P
X
P
P
X
P
SE
X
P
X
SE
SE
SE
P
R-20
ZONE
X
SE
SE
X
P
X
P
P
X
P
X
X
P
X
SE
SE
SE
P
R-T
USE TABLE – RESIDENTIAL ZONES SP = Allowed with a Special Use Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
(B) All others
SE = Allowed as a Special Exception
(A) In accordance with Section 27-443
School, private:
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
X
SE
SE
X
P
X
P
P
X
P
X
X
P
X
SE
SE
SE
P
R-30
X
SE
SE
X
P
X
P
P
X
P
X
X
P
X
SE
SE
SE
P
R-30C
X
SE
SE
X
P
X
P
P
X
P
X
X
P
SE
SE
SE
SE
P
R-18
X
SE
SE
X
P
X
P
P
X
P
X
X
P
SE
SE
SE
SE
P
R-18C
X
X
SE
X
P
X
P
PA
X
P
X
X
P
SE
SE
X
X
P
R-10A
X
SE
SE
X
P
X
P
P
X
P
X
X
P
SE
SE
SE
SE
P
R-10
X
SE
SE
X
P
X
P
P
X
P
X
X
P
SE
SE
SE
SE
P
R-H
PB = Allowed as related, dependent, and secondary to a
SE = Allowed as a Special Exception
P
X
P
SE
P
SE
X
P
SE
X
P
P
P
SE
P
SE
X
P
P
X
P
X
SE
SE
SE
R-A
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
(A) Privately owned and commercially operated on land leased
Golf driving range:
(B) All others (CB-47-1995)
(A) Privately owned and commercially operated on land leased from, and owned by, a public agency56 P
SE
(D) All others (CB-47-1995; CB-45-2002)
Golf course, miniature (indoor or outdoor):
X
P
(B) Privately owned and commercially operated on land leased from, and owned by, a public agency56
(C) Golf Course Conference/Hotel complex
SE
X
P
(A) At least 18 holes on a tract having a gross area of at least 200 acres; provided that any accessory recreational facilities shall be located at least 100 feet from the nearest property line and effectively screened from view of any adjoining land in a Residential Zone, or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an RP-C Zone, or any approved Conceptual or Detailed Site Plan, not on publicly owned land
Golf course:
(B) All others (CB-47-1995)
(A) Privately owned and commercially operated on land leased from, and owned by, a public agency56
Courts (indoor or outdoor) (tennis, handball, racquetball, or volleyball), not including courts accessory to a dwelling:
SE
Conference center and uses accessory thereto (such as restaurants, tennis courts, auditoriums, swimming pools, racquetball courts, riding stables, golf courses, or other recreational, physical fitness, or educational activities) privately owned and commercially operated, on a tract having a gross area of at least 500 acres, owned by a public agency, on which a public golf course is operated on a regular basis
SE
SE
SE SE
SE
O-S
SE
R-O-S
P
X
P
P
SE
P
SE
SE
P
SE
X
P
X
SE
P
SE
R-R
VII-17
SE
X
P
SE
X
P
X
SE
X
X
R-E
X
X
X
SE
X
X
SE
X
X
X
SE
X
X
R-80
X
X
X
SE
X
X
SE
X
X
X
SE
X
X
R-55
X
X
X
SE
X
X
SE
X
X
X
SE
X
X
R-35
X
X
X
SE
X
X
SE
X
X
X
SE
X
X
R-20
ZONE
X
X
X
SE
X
X
SE
X
X
X
SE
X
X
R-T
USE TABLE â&#x20AC;&#x201C; RESIDENTIAL ZONES SP = Allowed with a Special Use Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
Community building or similar nonprofit social use, not publicly owned or operated, as a principal use (CB-85-1988; CB-33-1989)
(B) Leased before January 1, 1974
(A) Leased on or after January 1, 1974
USE
P = Permitted
X
X
X
SE
X
X
SE
X
X
X
SE
X
X
R-30
X
X
X
SE
X
X
P
X
X
X
SE
X
X
R-30C
X
X
X
SE
X
X
SE
X
X
X
SE
X
X
R-18
X
X
X
SE
X
X
SE
X
X
X
SE
X
X
R-18C
X
X
X
X
X
X
X
X
X
X
X
X
X
R-10A
X
X
X
SE
X
X
SE
X
X
X
SE
X
X
R-10
X
X
X
SE
X
X
SE
X
X
X
SE
X
X
R-H
PB = Allowed as related, dependent, and secondary to a
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
X X SE P SE
Racetrack, including pari-mutuel
Racetrack, pari-mutuel only
Recreational campground
Recreational program, before- and after-school
Recreational uses (nonprofit) not publicly owned or operated, when not otherwise allowed (CB-33-1989)
SE P35 SE P
Spa, community
Stable, private (CB-29-1985)
Swimming pool (community), in accordance with Section 27-411
Swimming pool, privately owned and commercially operated on land leased from, and owned by, a public agency56 (CB-47-1995)
X
X
P
SE
P35
SE
P
SE
P
X
SE
SE
P
SE
SE
X
X
SE
X
SE
O-S
X
X
P
SE
P35
SE
P
SE
P
SE
X
SE
P
SE
X
SE
X
P
X
SE
R-A
X
X
P
SE
P35
SE
P
X
P
X
X
SE
P
X
X
X
X
P
X
X
R-E
SE
X
P
SE
P35
SE
P
SE
P
SE
X
SE
P
SE
SE
X
X
SE
X
X
SE
P35,37
SE
P
X
X
X
X
SE
P
X
X
X
X
P
X
P
X
SE
R-80
P67
R-R
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
X
Apartment housing for elderly or handicapped families in a building
VII-18
X
Apartment hotel
(6) Residential/Lodging:
SE
SE
P
X
Spa, private
(B) All others (CB-89-1994; CB-47-1995)
(A) Privately owned and commercially operated on land leased from, and owned by, a public agency56
Skating facility:
(B) All others
(A) On a lot having a net area of at least 20 acres, and subject to annual renewal SE
X
Performance arts center, in accordance with Section 27-445.09 (CB-12-2001)
Shooting range (rifle, pistol, or skeet):
SE
Museum, art gallery, aquarium, cultural center, or similar facility (noncommercial)
SE X
(B) All others (CB-47-1995)
R-O-S
SE
X
X
SE
P35,37
SE
P
X
X
X
X
SE
P
X
X
X
SP
P
X
X
R-55
X
X
X
SE
SE35
SE
P
X
X
X
X
SE
P
X
X
X
SP
P
X
X
R-35
X
X
X
SE
SE35
SE
P
X
X
X
X
SE
P
X
X
X
SP
P
X
X
R-20
ZONE
SE
63
X
X
P
X
P
P
X
X
X
X
SE
P
X
X
X
SP
P
X
X
R-T
USE TABLE – RESIDENTIAL ZONES SP = Allowed with a Special Use Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
Marina (CB-76-2001)
56
SE = Allowed as a Special Exception
from, and owned by, a public agency
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
X
X
X
X
X
P
P
X
X
X
X
SE
P
X
X
X
SP
P
X
X
R-30
X
X
X
X
X
P
P
X
X
X
X
SE
P
X
X
X
X
P
X
X
R-30C
SE
81
X
X
X
X
P
P
X
X
X
X
SE
P
X
X
X
SP
P
X
X
R-18
SE
X
X
X
X
P
P
X
X
X
X
SE
P
X
X
X
X
P
X
X
R-18C
X
X
X
X
X
P
P
X
X
X
X
X
X
X
X
X
X
PA
X
X
R-10A
SE
SE
X
X
X
P
P
X
X
X
X
SE
P
X
X
X
SP
P
X
X
R-10
SE
SE
X
X
X
P
P
X
X
X
X
SE
P
X
X
X
X
P
X
X
R-H
PB = Allowed as related, dependent, and secondary to a
SE = Allowed as a Special Exception
X SE SE P X P
Artists' residential studios, in accordance with Section 27-445.09 (CB12-2001)
Boardinghouse
Congregate living facility for more than 8 elderly or physically handicapped residents (CB-90-1985)
Congregate living facility for not more than 8 elderly or physically handicapped residents (CB-90-1985)
Conservation subdivision pursuant to Section 24-152 of Subtitle 24 (CB6-2006)
Convent or monastery (CB-23-1993)
X
X
X
X
P
SE
X
X
X
X
P
P
P
SE
P
X
SE
O-S
X
X
X
P
SE
X
X
X
X
P
P
P
SE
SE
X
SE
R-A
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
(B) Subject to applicable bedroom percentages
(A) In general (CB-37-2005)
X
X
Dwelling, metropolitan, one-family attached (CB-33-2005)
Dwelling, multifamily:
P
X
(D) On or after November 18, 1980 (CB-58-1986; CB-73-1996) SE
X
(C) Prior to November 18, 1980, but on or after November 29, 1949
Dwelling, farm tenant
X
(B) Prior to November 29, 1949, if the owner of the building does not reside in the building, or a valid Use and Occupancy permit was not in effect on July 1, 1986
Country inn
X
(A) Prior to November 29, 1949, if the owner of the building resides in the building, and a valid Use and Occupancy permit was in effect on July 1, 1986
Conversion of one-family detached dwelling to a building containing up to 3 dwelling units (not considered as a two-family, three-family, or multifamily dwelling):57
SE
Apartment housing for elderly or handicapped families in a surplus public school building
R-O-S
X
X
X
P
X
P79
X
X
X
X X
SE
SE
X
SE
SE
P
P
X
P
SE
X
X
SE
R-80
P36
X
SE
SE
P
P
P
P
SE
P
X
SE
R-R
VII-19
SE
X
SE
SE
P
P
P
P
SE
X
X
SE
R-E
X
X
X
X
SE
X
SE
SE
P
P
X
P
SE
X
SP
SE
R-55
X
X
X
X
SE
X
SE
SE
P
P
X
P
SE
X
SP
SE
R-35
X
X
X
X
SE
X
SE
SE
P
P
X
P
SE
X
SP
SE
R-20
ZONE
X
P88
P
X
X
X
X
X
X
X
P
X
X
X
SP
SE
R-T
USE TABLE – RESIDENTIAL ZONES SP = Allowed with a Special Use Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
other than a surplus public school building (with provisions for increased density and reduced lot size in Multifamily Zones) (CB-851988; CB-91-1991; CB-44-1992)
USE
P = Permitted
P
P6
X
X
X
X
X
X
X
X
P
X
X
X
SP
SE
R-30
X
P6
X
X
X
X
X
X
X
X
P
X
X
X
X
SE
R-30C
P
P76
X
X
X
X
X
X
X
X
P
SE
P
P
SP
SE
R-18
X
P6
X
X
X
X
X
X
X
X
P
X
X
P
X
SE
R-18C
X
X
X
X
X
X
X
X
X
X
PA
X
X
X
X
X
R-10A
P
X
X
X
X
X
X
X
X
X
P
X
X
P
SP
SE
R-10
P
X
X
X
X
X
X
X
X
X
P
X
X
X
X
SE
R-H
PB = Allowed as related, dependent, and secondary to a
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
X X X X P
Dwelling, one-family attached, for the elderly58 (CB-71-1996)
Dwellings, one-family attached, cluster development, shown on a preliminary plan of subdivision approved prior to September 1, 1986
Dwelling, one-family detached, for the elderly (CB-90-2004)
Dwelling, one-family detached, cluster development, shown on a preliminary plan of subdivision approved prior to July 1, 2006 (CB-62006)
Dwelling, one-family detached (in general) (CB-6-2006)
X X X X X X
Dwellings, one-family triple-attached, cluster development, shown on a preliminary plan of subdivision approved prior to September 1, 1986
Dwellings, one-family triple-attached (in general)
Dwelling, quadruple-attached (CB-83-1997)
Dwelling, three-family
Dwelling, two-family detached (CB-85-1988)
Dwelling, two-family (in general) (CB-9-2012)
VII-20
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
P83
P83 X
X
X
X
X
X
X
X
X
R-A
X
X
X
X
X
X
X
X
O-S
X
P
P
X
X
X
X
X
X
X
P83
X
SE
X
X
X
X
X
X
R-E
X
P
P
P
79
X
X
X
X
X
P13
P83
P
X
X
SE
X
X
X
X
R-R
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
(A) If legally existing prior to May 20, 1983, and not extended beyond the boundary lines of the lot as it legally existed (prior to May 20, 1983)
X
X
(B) In accordance with Section 24-138.01 of Subtitle 24 (CB-721989)
Fraternity or sorority house:
X
(A) In accordance with preliminary plans approved prior to February 1, 1990, pursuant to Subtitle 24 and recorded within the prescribed time period
Flag lot development:
X
Dwelling, one-family semidetached (CB-85-1988)
1
X
X
(E) Higher than 110 feet (CB-85-1988)
(F) Up to six dwelling units in a building of no more than two stories, where the first story was previously used for commercial purposes (CB-91-2004)
X
(D) Restricted to one-bedroom and efficiency apartments
R-O-S
X
P46
P
X
X
X
X
X
P32
P13,32
P
P
X
P32
X
X
X
X
X
R-80
X
X
P
X
X
X
X
X
P32
P13,32
P
P
X
P32
X
P
X
X
X
R-55
X
X
X
X
P
X
X
X
X
X
X
X
P
2
P
P 2
X
P
P
X
X
X
P2
X
X
X
X
R-20
ZONE
X
X
P
P
X
X
X
X
X
X
X
X
R-35
X
X
X
P
X
X
X
P
2
P2 3
P
2
P
P
2
X
X
P2
P
X
X
X
P2
X
X
X
SE
R-30
2
X
X
X
P
2
P2
P
P
2
X
X
P2
P
X
X
X
P2
X
X
X
X
R-30C
2
P
X
X
P
2
P2
P
P
2,5
X
X
P2
P
X
X
X
P2
X
X
X
SE
R-18
2
P
X
X
P
2
P2
P
P
2
X
X
P2
P
X
X
X
P2
X
X
X
X
R-18C
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
SE
P
X
R-10A
P
X
X
X
X
X
X
X
X
X
P
X
X
X
X
X
SE
X
SE
R-10
X
X
X
X
X
X
X
X
X
X
P
X
X
X
X
X
P
X
SE
R-H
PB = Allowed as related, dependent, and secondary to a
P3
P
2
X
X
P
P
X
X
X
P
X
X
X
X
R-T
USE TABLE – RESIDENTIAL ZONES SP = Allowed with a Special Use Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
X
SE = Allowed as a Special Exception
(C) In excess of applicable bedroom percentages
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
SE X X X SE X
X
SE X SE X X X X X X
Mobile home used as a one-family detached dwelling (CB-79-1999)
Motel
Opportunity housing dwelling units (CB-66-1991)
Planned retirement community (CB-53-2005; CB-4-2013)
Recreational Community Development, in accordance with Section 27444 (CB-16-1989)
Public Benefit Conservation Subdivision pursuant to Section 24-152 of Subtitle 24 (CB-32-2008)
Residential Revitalization: Comprising any form of proposed multifamily, attached one-family or detached one-family dwellings, in a Residential Revitalization project, as shown on a Detailed Site Plan approved in accordance with Section 27-445.10 (CB-58-2001)
Rooming houses
Tourist cabin camp
Tourist homes
Townhouses or Multi-Family Units (CB-97-2005)
Townhouse, cluster development, shown on a preliminary plan of subdivision approved prior to September 1, 1986 (CB-54-1986)
Townhouse, shown on a preliminary plan of subdivision approved pursuant to part 4A. (CB-47-1996)
Townhouse, Transit Village (CB-37-2006)
Townhouse, if located within a designated Revitalization Tax Credit District (CB-112-2004)
Townhouse, all others (CB-84-1990; CB-47-1996; CB-37-2005)
X
X
X
X
X
X
X
X
P
X
X
P
X
X
X
SE
P
P
X
O-S
X
X
X
X
X
X
SE
X
SE
X
X
P
SE
X
X
SE
P
P
X
R-A
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
Agricultural uses:
(7) Resource Production/Recovery:
P
Group residential facility for not more than 8 mentally handicapped dependent persons
X
R-O-S
X
X
X
X
X
X
X
X
X
X
X
P
X X48
P79
X
P
P
32
X
X
X
X
P
X
X
SE
P
X
X
P
P
X
R-80
X
X
X
X
X
SE
SE
P
P
P85
P42
SE
P
SE
X
P
P
X
R-R
VII-21
SE
X
X
SE
64
P
P
X
R-E
32
X48
X
X
P
P
X
82
X
X
X
P
X
X
SE
P
X
X
P
P
X
R-55
X48
X
X
P
X
P
X
X
X
P
X
X
SE
P
X
X
P
P
X
R-35
P2
X
X
P2
X
P
X
X
X
P
X
X
SE
P
X
X
P
P
X
R-20
ZONE
P
P2
X
X
P84 X
P2
X
SE
X
X
X
P
X
X
SE
P
X
X
P
P
X
R-30
P2
X
X
P2
X
SE
X
X
X
P
X
X
SE
P
X
X
P
P
X
R-30C
P2,5
P
78
X
P2,5
X
SE
SE
X
P
P
X
X
SE
P
X
X
P
P
SE
R-18
P2
X
X
P2
X
SE
SE
X
P
P
X
X
SE
P
X
X
P
P
SE
R-18C
X
X
X
X
X
X
X
X
X
P
X
X
X
P
X
X
X
P
X
R-10A
X
X
X
X
X
X
P
X
P
P
X
X
SE
P
X
X
P
P
P
R-10
X
X
X
X
X
X
X
X
X
P
X
X
SE62
P
X
X
P
P
X
R-H
PB = Allowed as related, dependent, and secondary to a
P
X
P
X
X
X
P
X
X
SE
P
X
X
P
P
X
R-T
USE TABLE – RESIDENTIAL ZONES SP = Allowed with a Special Use Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
P
SE = Allowed as a Special Exception
Group residential facility for more than 8 mentally handicapped dependent persons, or for 5 or more other dependent persons (CB-292012)
(B) All others
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
VII-22
SE
P
SE
SE
SE
SE
SE
SE
SE
SE
45
P
X
P
P
SE
SE
P
35
P
P
P
P
X
P
R-A
SE
SE
SE
SE
SE
SE
54
SE
X
SE
92
P
SE
X
P
35
SE
SE
SE
SE
SE
SE
P
X
X
SE
SE
SE
SE
SE
X
X
X
X
X
SE67
X X
P
35,37
P37
X
X
X
P
SE
R-80
SE
X
P
35
P23
SE
P91
P
P4
P4
X
P
23
R-R
P
P
X
P
R-E
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
Antennas and related equipment buildings and enclosures, other than
P SE
(B) All others (CB-14-1992)
SE
(A) In accordance with Section 27-445.07
Airstrip, private:
Airport, airpark, airfield, heliport, or helistop; private (CB-14-1992)
(8) Transportation/Parking/Communications/Utilities:
SE
Surface mining, in accordance with Section 27-445.02
SE
SE
SE SE
P
X
P
P
SE
SE
X
Sand or gravel wet-processing, in accordance with Section 27-445.02
(B) All others (CB-35-1989; CB-143-1989; CB-135-1993)
(A) In accordance with Section 27-445.05
Nursery and garden center:
P X
(iv) All others (CB-92-2010)
(F) Urban Farm (CB-76-2013)
P
SE
(bb) On a tract consisting of between 20,000 sq. ft. and 9 contiguous acres.
(cc) All others
X
P
35
35
P
P
P
P
P
X
P
O-S
P
(aa) On a tract consisting of less than 20,000 sq. ft.
(iii) Riding stable:
(ii) Private stable
(i) Keeping of horses or ponies
(E) Equine facility:
P
P
(ii) On or after June 30, 1987 (CB-45-1987; CB-36-1991)
(D) Equine activities
P
(i) Prior to June 30, 1987
(C) Keeping of homing or racing pigeons, provided the use was in existence:
X
P
R-O-S
X
X
X
X
X
X
X
SE
SE
SE
SE
SE
P
35,37
P37
X
X
P50
P
SE
R-55
SE
SE
SE
SE
SE
X
X
X
X
X
X
X
SE
35
SE
X
X
X
P
SE
R-35
SE
SE
SE
SE
SE
X
X
X
X
X
X
X
SE
35
SE
X
X
X
P
SE
R-20
ZONE
SE
SE
SE
SE
SE
X
X
X
X
X
X
X
X
X
X
X
X
P
X
R-T
USE TABLE – RESIDENTIAL ZONES SP = Allowed with a Special Use Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
(B) Limited to floriculture, horticulture, gardening, and private, noncommercial greenhouses
22
SE = Allowed as a Special Exception
(A) All general agriculture
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
SE
SE
SE
SE
SE
X
X
X
X
X
X
X
X
X
X
X
X
P
X
R-30
SE
SE
SE
SE
SE
X
X
X
X
X
X
X
X
X
X
X
X
P
X
R-30C
SE
SE
SE
SE
SE
X
X
P97
X
X
X
X
X
X
X
X
X
P
X
R-18
SE
SE
SE
SE
SE
X
X
X
X
X
X
X
X
X
X
X
X
P
X
R-18C
SE
SE
X
SE
X
X
X
X
X
X
X
X
X
X
X
X
X
P
X
R-10A
SE
SE
SE
SE
SE
X
X
X
X
X
X
X
X
X
X
X
X
P
X
R-10
SE
SE
SE
SE
SE
X
X
X
X
X
X
X
X
X
X
X
X
P
X
R-H
PB = Allowed as related, dependent, and secondary to a
SE = Allowed as a Special Exception
X
Parking of mobile home in a public right-of-way31
X
Storage of any motor vehicle which is wrecked, dismantled, or not currently licensed, except where specifically allowed12 (CB-4-1987)
X P7
Buying of items within guest rooms and pursuant to Section 27115(a)(2)
Offices of accountants, architects, clergymen, engineers, lawyers, medical practitioners, and similar recognized and learned professions,
P7
X
SE
P
SE
X
SE
P
X
X
P7
X
SE
P
SE
X
SE
P
X
X
SE
SE
P
SE
P
R-A
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
X
P
Bus maintenance accessory to a private school, church, or other place of worship (CB-23-1988)
ACCESSORY USES
(B) Nonprofit, noncommercial purposes (CB-18-1984; CB-39-1984; CB-94-1984; CB-133-1984; CB-33-1985; CB-123-1994; CB-65-2000)
(A) Commercial purposes
SE
SE
(B) Other public utility uses or structures (including major transmission and distribution lines and structures, but excluding railroad yards, round houses, car barns, and freight stations) (CB-251987; CB-65-2000)
Towers or poles (electronic, radio, or television, transmitting or receiving):
P
(A) Underground pipelines, electric power facilities or equipment, or telephone facilities or equipment; and railroad tracks or passenger stations, but not railroad yards
Public utility uses or structures:
X
Parking of mobile home except as otherwise specified
SE
SE
SE X
P
SE
P
O-S
P
Parking lot used in accordance with Part 11 to serve a use in an adjacent Commercial, Industrial, or M-X-T Zone (CB-85-1988; CB-881999)
(B) All others (CB-65-2000)
(A) In accordance with Section 27-445.04
Monopoles and related equipment buildings and enclosures:
P SE
(B) All others (CB-65-2000)
R-O-S
P19
X
SE
P
X
X
SE
P
X
X
SE
SE
P
SE
P
R-R
VII-23
P19
X
SE
P
X
X
SE
P
X
X
SE
SE
P
SE
P
R-E
P19
X
SE
P
X
X
SE
P
X
X
SE
SE
P
SE
P
R-80
P19
X
SE
P
X
X
SE
P
X
X
SE65
SE
P
SE
P
R-55
P15,19
X
SE
P
X
X
SE
P
X
X
SE
SE
P
SE
P
R-35
P16,19
X
SE
P
X
X
SE
P
X
X
SE
SE
P
SE
P
R-20
ZONE
P16,19
X
SE
P
X
X
SE
P
X
X
SE
SE
P
SE
P
R-T
USE TABLE – RESIDENTIAL ZONES SP = Allowed with a Special Use Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
(A) In accordance with Section 27-445.04
satellite dish antennas:
USE
P = Permitted
P9
X
SE
P
X
X
SE
P
X
X
SE
SE
P
SE
P
R-30
P9
X
SE
P
X
X
SE
P
X
X
SE
SE
P
SE
P
R-30C
X
X
SE
P
X
X
SE
P
X
X
SE
SE
P
SE
P
R-18
X
X
SE
P
X
X
SE
P
X
X
SE
SE
P
SE
P
R-18C
X
X
SE
P
X
X
X
P
X
X
X
SE
P
SE
P
R-10A
X
X
X
P
X
X
SE
P
X
X
SE70
SE
P
SE
P
R-10
X
X
SE
P
X
X
SE
P
X
X
SE
SE
P
SE
P
R-H
PB = Allowed as related, dependent, and secondary to a
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
SE = Allowed as a Special Exception
X X X X
X P P
Insurance sales office as an accessory use in a dwelling
Medical practitioner's office in a one-family dwelling (except as provided in (A) above)
Real estate sales office as an accessory use in a dwelling
Offices, multifamily dwelling management company (must manage the project within which it is located)
Photography studio and darkroom, as an accessory use solely by the resident of a one-family detached dwelling and located within such dwelling (CB-140-1986)
Family day care
Small group child care center (CB-131-1993)
X SE SE SE SE
(C) Accessory to a multifamily development when located within an existing building in accordance with Section 27-445.03
Cemetery accessory to a church, convent, or monastery49
Community building or similar nonprofit social use, not publicly owned or operated, only for residents and guests
Homes Association Recreational Use, in accordance with Section 27445
Recreational use (nonprofit) not publicly owned or operated, only for residents and guests, when not otherwise allowed
SE
P
SE
P
P
X
P
P
P
X
X
X
X
X
X
O-S
SE
P
SE
P
P
X
P
P
P
X
X
X
SE
X
X
R-A
SE
P
SE
P
P
X
P
P
P
X
X
SE
SE
SE
X
R-E
SE
P
SE
P
P
X
P
P
P
X
X
SE
SE
SE
X
R-R
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
X
(B) Accessory to a multifamily dwelling or project when located within a community room for the sole use of the residents or employees, in accordance with Section 27-445.03
VII-24
P
(A) Accessory to a publicly-owned recreational facility, a school, a surplus school building, improved property (other than a school) that is under the control of the Board of Education, a church, a public building, or a community building, in accordance with Section 27445.03 34
Day care center for children, as an accessory use
X
R-O-S
SE
P
SE
P
P
X
P
P
P
X
X
SE
SE
SE
X
R-80
SE
P
SE
P
P
X
P
P
P
SE
X
SE
SE
SE
X
R-55
SE
P
SE
P
P
X
P
P
P
X
X
SE
SE15
SE
X
R-35
SE
P
SE
P
P
X
P
P
P
X
X
SE
SE16
SE
X
R-20
ZONE
SE
P
SE
P
X
X
P
P
P
X
X
X
X
X
X
R-T
USE TABLE â&#x20AC;&#x201C; RESIDENTIAL ZONES SP = Allowed with a Special Use Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
Business office and model apartments in a multifamily dwelling or multifamily project and used only in connection with the sale, rental, operation, service, and maintenance of the dwelling or project (CB-361987)
as an accessory use in a dwelling
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
P
P
X
P
P
P
P
P
P
P
X
10,38
X
X
X
P10,39
R-30
P
P
X
P
P
P
P
P
P
P
X
10,38
X
X
X
PB10
R-30C
P
X
P
P
P
P
P
P
P
X
X
X
X
X
P10,39
R-18
P
X
P
P
P
P
P
P
P
X
X
X
X
X
PB10
R-18C
P
X
P
P
P
P
P
P
P
X
X
X
X
X
PB10
R-10A
P
X
P
P
P
P
P
P
P
X
X
X
X
X
PB10
R-10
P
X
P
P
P
P
P
P
P
X
X
X
X
X
PB10
R-H
PB = Allowed as related, dependent, and secondary to a
P P
Boathouse (private) as an accessory use
Guest house, as an accessory use
51
P
SE24
X
P
SE24
X
P
P
P
P
P
P
X
P
SE
SE
P
P
X
SE
X
X
P
P
X
P
X
P
SE
SE
P
P
X
P
X
X
R-A
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
Farm vehicles and farm machinery used on farm premises (CB-105-
(B) In connection with an agricultural operation
(A) Only for timber grown on the premises
Sawmill:
P
P
(B) To 3 persons (unrelated to all principal residents)
(C) To not more than 3 persons (unrelated to all principal residents) by a family of related individuals, 1 individual, or 2 unrelated individuals (CB-122-1986)
P
(A) To 1 or 2 persons (unrelated to all principal residents)
Rental of guest rooms (by the residents):
P
Signs, in accordance with Part 12, associated with uses allowed in the applicable Residential Zone (CB-85-1988)
X
P
(C) Agricultural purposes on a lot having a net area of at least 5 acres
(D) Office
SE
(B) Agricultural purposes on a lot having a net area of less than 5 acres
(A) Servant, household help living quarters30 SE
P
Increase in height of accessory building, used for:
Home occupations for residents, low-impact (CB-11-2004)
P
X
X P
P
X
X
O-S
P
Home occupations for residents20 (CB-86-1989; CB-78-2003; CB-112004)
(B) Accessory to other dwellings
(A) Accessory to a one-family detached dwelling
Swimming pool (private):
X
Swimming pool (community) for sole use of residents and their guests, in accordance with Section 27-411
R-O-S
P
X
P
SE
X
P
P
P
X
X
P
X
P
SE
SE
P
P
X
P
X
X
R-R
VII-25
SE
P
P
P
X
X
P
X
P
SE
SE
P
P
X
P
X
X
R-E
X
X
SE
P
X
X
X
X
P
X
X
X
SE
P
P
X
P
X
X
R-80
X
X
SE
P
X
X
X
X
P
X
X
X
SE
P
P
X
P
X
X
R-55
X
X
SE
P
X
X
X
X
P
X
X
X
SE
P
P
P
P
X
X
R-35
X
X
SE
P
X
X
X
X
P
X
X
X
SE
P
P
P
P
X
X
R-20
ZONE
X
X
SE
X
X
X
X
X
P
X
X
X
SE
P
P16
SE
P
X
X
R-T
USE TABLE – RESIDENTIAL ZONES SP = Allowed with a Special Use Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
X
SE = Allowed as a Special Exception
Saunas, solariums, and health clubs, noncommercial, for the sole use of residents and their guests
USE
P = Permitted
X
X
SE
X
X
X
X
X
P
X
X
X
SE
X
X
SE21
P
P
X
R-30
X
X
SE
X
X
X
X
X
P
X
X
X
SE
X
X
SE21
P
P
X
R-30C
X
X
SE
X
X
X
X
X
P
SE
X
X
SE
X
X
SE21
P
P
X
R-18
X
X
SE
X
X
X
X
X
P
X
X
X
SE
X
X
SE21
P
P
X
R-18C
X
X
X
X
X
X
X
X
P
X
X
X
X
X
X
X
X
P
P
R-10A
X
X
SE
X
X
X
X
X
P
X
X
X
SE
X
X
X
P
P
SE
R-10
X
X
SE
X
X
X
X
X
P
X
SE
X
SE
X
X
X
P
P
SE
R-H
PB = Allowed as related, dependent, and secondary to a
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
SE = Allowed as a Special Exception
SE
(iv) Owned and registered by an occupant of the premises, having a manufacturer's gross vehicle weight specification of greater than 17,000 pounds, parked only in the side or rear yard for not more than 72 continuous hours, on a lot at least 2 acres in size11
P
SE
P
P
P4
SE
X
P
P4
P
X
P
P
P17
SE
P
R-A
X
X
P
P4
P
X
P
P
P17
SE
P
R-E
X
X
P
X
P
X
P
P
P17
SE
P
R-R
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
P
(iii) Owned and registered by an occupant of the premises, having a manufacturer's gross vehicle weight specification of greater than 17,000 pounds, parked only in the side or rear yard for not more than 72 continuous hours on a lot at least 5 acres in size, and set back 300 feet from all lot lines11
VII-26
P
(ii) If parked on the premises, having a maximum manufacturer's gross vehicle weight specification of up to 8,500 pounds, no advertising (other than a firm name or similar designation not exceeding 4 inches high), and excluding vehicles exceeding 300 cubic feet of load space, stake platform trucks, dump trucks, crane or tow trucks, and vehicles with dual rear axles
P P4
P
X
(bb) If parked in a side or rear yard11
X
P
P
SE
P
SE
SE
P
P
O-S
P
(aa) If parked within a wholly enclosed private parking garage
(i) Having a maximum manufacturer's gross vehicle weight specification of up to 17,000 pounds, and which may include unlimited advertising on the side of the vehicle:
(D) Not more than 1 commercial vehicle:
(ii) Unlimited number (CB-43-1989)
(i) Not more than one
(C) Camping trailer (unoccupied):44
(B) Buses18, on the same lot with, and accessory to, the principal use, such as a school or church
(A) Boats and boat trailers91 (CB-24-2010)
Parking of vehicles owned or used by the occupants of the premises or their bona fide guests:
(B) A Special Exception use (CB-85-1988)
(A) A permitted, PA, or PB use
R-O-S
X
X
P
X
P
X
P
P
P17
SE
P
R-80
X
X
P
X
P
X
P
P
P17
SE
P
R-55
X
X
P29
X
P29
X
P29
P29
P17,29
SE
P
R-35
X
X
P
X
P
X
P
P
P17
SE
P
R-20
ZONE
X
X
P
X
P
X
P
P
P17
SE
P
R-T
USE TABLE â&#x20AC;&#x201C; RESIDENTIAL ZONES SP = Allowed with a Special Use Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
Parking lot or garage, or loading area, used in accordance with Part 11 to serve:
1993)
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
X
X
X
X
X
P
X
P
P
SE
P
R-30
X
X
X
X
X
P
X
P
P
SE
P
R-30C
X
X
X
X
X
P
X
P
P
SE
P
R-18
X
X
X
X
X
P
X
P
P
SE
P
R-18C
X
X
X
X
X
P
X
P
P
X
P
R-10A
X
X
X
X
X
P
X
P
P
SE
P
R-10
X
X
X
X
X
P
X
P
P
SE
P
R-H
PB = Allowed as related, dependent, and secondary to a
SE = Allowed as a Special Exception
(F) Private passenger vehicles
P
(C) All others (CB-19-1985)
P
Firewood sales as a temporary use, in accordance with Sections 27-260 and 27-261
P
Seasonal decorations display and sales as a temporary use, in accordance with Sections 27-260 and 27-26143 (CB-23-1989)
P
P
SE
P
P
P
SE
P
P
P
P
SE
P
P
X
SE
P
P
P
SE
P
P
P
P
SE
P
P
X
R-A
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
X
X
(ii) All others
Temporary trailer for office space accessory to an existing group residential facility, which services more than eight (8) persons, in accordance with Sections 27-260 and 27-261 (CB-35-1996)
X
(i) Subject to Sections 27-260 and 27-261
Real estate subdivision sales office as a temporary use:
P
X
(B) All others
Farmer's market or flea market as a temporary use, in accordance with Sections 27-260 and 27-261 (CB-63-1998)
X
P
(A) Subject to Sections 27-260 and 27-261
Contractor's office (must include sanitary facilities), construction yard or shed, or storage building (in connection with a construction project) as a temporary use:
Collection of recyclable materials as a temporary use, in accordance with Sections 27-260 and 27-261
TEMPORARY USES
P
SE
(B) More than 10 feet in diameter, to serve only 1 dwelling unit
Accessory structures and uses (when not otherwise provided for)
P
P
P
(A) Up to 10 feet in diameter, to serve only 1 dwelling unit
Satellite dish antenna, in accordance with Section 27-424.02
X
O-S
X
R-O-S
P
X
P
X
SE
P
P
P
SE
P
P
P
P
SE
P
P
X
R-R
VII-27
SE
P
P
P
SE
P
P
P
P
SE
P
P
X
R-E
P
X
SE
P
P
P
SE
P
P
P
P
SE
P
P
X
R-80
P
X
SE
P
P
P
SE
P
P
P
P
SE
P
P
X
R-55
P
X
SE
P
P
P
SE
P
P
P
P
SE
P
P
X
R-35
P
X
SE
P
P
P
SE
P
P
P
P
SE
P
P
X
R-20
ZONE
P
X
SE
P
P
P
SE
P
P
P
P
SE
P
P
X
R-T
USE TABLE â&#x20AC;&#x201C; RESIDENTIAL ZONES SP = Allowed with a Special Use Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
(E) Commercial vehicles not exceeding a manufacturer's gross vehicle weight specification of 8,500 pounds; containing no advertising other than a firm name or similar designation not more than 4 inches high; and excluding vehicles exceeding 300 cubic feet of load space, stake platform trucks, dump trucks, crane or tow trucks, or vehicles with dual rear wheels
(CB-53-1987; CB-35-1993)
USE
P = Permitted
P
X
SE
P
P
P
SE
P
P
P
P
SE
P
P
P
R-30
P
X
SE
P
P
P
SE
P
P
P
P
SE
P
P
P
R-30C
P
X
SE
P
P
P
SE
P
P
P
P
SE
P
P
P
R-18
P
X
SE
P
P
P
SE
P
P
P
P
SE
P
P
P
R-18C
P
X
X
P
P
P
SE
P
P
P
P
SE
P
P
P
R-10A
P
X
SE
P
P
P
X
P
P
P
P
SE
P
P
P
R-10
P
X
SE
P
P
P
SE
P
P
P
P
SE
P
P
P
R-H
PB = Allowed as related, dependent, and secondary to a
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
SE = Allowed as a Special Exception
P SE
Mobile home used as a dwelling for emergency purposes as a temporary use, in accordance with Sections 27-260 and 27-261
Temporary structures and uses not otherwise allowed
SE
P
P
P
SE
X
P
P
P SE
P
R-E
SE25
R-A
SE
P
P
P
SE
P
R-R
SE
X
P
P
SE
P
R-80
SE
X
P
P
SE
P
R-55
SE
X
P
P
SE
P
R-35
SE
X
P
P
SE
P
R-20
ZONE
SE
X
P
P
SE
P
R-T
SE
X
P
P
SE
P
R-30
SE
X
P
P
SE
P
R-30C
SE
X
P
P
SE
P
R-18
SE
X
P
P
SE
P
R-18C
X
X
P
P
X
P
R-10A
SE
X
P
P
SE
P
R-10
SE
X
P
P
SE
P
R-H
Limited to dwelling units arranged one above the other.
On lots having a net area exceeding twenty thousand (20,000) square feet. (CB-45-1987)
The townhouses may be developed without conforming to the regulations applicable to townhouses governing roadways and drives, tract widths and sizes, density, and net lot area, provided:
3
4
5
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
Subject to all requirements applicable to the R-T Zone (except as specifically modified for the R-20 Zone).
2
VII-28
Provided both of an adjoining pair are erected at the same time.
(C) The use shall not be located within a building not occupied by the principal use; and
(C) The use shall not be located within a building not occupied by the principal use; and
(B) The use shall be located on the same record lot as the principal use;
(A) The use shall be related to, dependent on, and secondary to a principal use on the premises;
Provided:
(C) The use shall be secondary to the primary use of the building.
(B) No signs or other evidence indicating the existence of the use shall be visible from the outside building, other than a business identification sign lettered on a window. The sign shall not exceed six (6) square feet in area; and
(A) There shall be no entrances to the use directly from outside of the building;
Provided:
SE
P
P
P
SE
P
O-S
PB = Allowed as related, dependent, and secondary to a
1
**
*
P
Carnival, circus, fair, or similar use, not exceeding 17 days duration and only on a parking lot as a temporary use in accordance with Sections 27-260 and 27-261
USE TABLE NOTES – RESIDENTIAL ZONES
P
Modular classroom as a temporary use, in accordance with Sections 27-260 and 27-261 (CB-106-1989)
P SE
(B) All others
R-O-S
USE TABLE – RESIDENTIAL ZONES SP = Allowed with a Special Use Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
(A) Subject to Sections 27-260 and 27-261
Wayside stand as a temporary use:
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
Provided the use is limited to a person residing in the dwelling.
Except as allowed without a Special Exception.
Provided the use is located in a community building (constructed as part of a multifamily project), owned by a homes association, that does not contain any dwelling units. Not more than one-third (1/3) of the gross floor area of the community building may be used for professional office space.
Provided the multifamily dwelling or project contains at least twenty-four (24) dwelling units. (CB-36-1987)
For lots having frontage on more than one (1) street (i.e., a corner lot), a commercial vehicle may only be parked in a yard that does not have street frontage. (CB-53-1987)
This shall not apply to:
7
8
9
10
11
12
Restricted to one-family detached and semidetached dwellings.
Restricted to one-family detached dwellings.
Only one (1) of each.
Provided:
15
16
17
18
(D) The use shall not alter the residential character or appearance of the premises; and
VII-29
(C) Professional consultation at a professional's dwelling with a visiting consultant, or the employment of an alternate professional in the event of the death, disability, illness, temporary absence, or vacation of the resident professional, is also allowed;
(B) Not more than two (2) nonresident, nonprofessional assistants may be employed;
(A) The use is limited to one (1) bona fide resident of the dwelling;
Provided:
(C) No repairs, service, maintenance, or gasoline dispensing or storage facility shall be permitted without a Special Exception.
(B) The parking area shall be screened from any adjoining land in any Residential Zone (on land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan; and
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
19
Only for the expansion of the existing business on abutting land in the C-M, I-1, I-2, or I-4 Zones.
14
(A) The parking area shall be in addition to any required parking lot on the premises. The parking area shall be connected to a public street by means of a driveway (constructed in compliance with the minimum standards of the Department of Public Works and Transportation) with a minimum width of eleven (11) feet for each lane;
For zero lot line development, in accordance with Optional Residential Design Approach provisions of Subtitle 24.
13
(B) One (1) such vehicle which is stored in a wholly enclosed garage.
(A) Such storage accessory to an allowed use; or
Provided a condominium plat is recorded, in accordance with the provisions of the Maryland Condominium Act, setting out each dwelling unit as a separate unit.
6
(C) A final plat was recorded prior to June 1, 1976.
(B) A preliminary plan of subdivision has been approved for the property as of June 1, 1975, in accordance with the net lot area and lot frontage requirements applicable to multifamily dwellings in the R-18 Zone, with a maximum density of 22 dwelling units per acre; and
(A) A Special Exception for multifamily dwelling bedroom percentages increase (Section 27-382) has been granted for the subject property with a condition that the property be developed with townhouses;
USE TABLE NOTES â&#x20AC;&#x201C; RESIDENTIAL ZONES
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
Not applicable to multifamily dwellings.
Slaughterhouses, fertilizer works, bone yards, plants for the reduction of animal matter, and any uses which are noxious or offensive because of odor, dust, smoke, gas, or noise, are prohibited; may include an equine facility in conjunction with the agricultural use. (CB-92-2010)
On lots having a net area of twenty thousand (20,000) square feet or less, keeping cattle, equines, poultry, or other animals or birds (other than customary household pets) shall only be permitted upon approval of a Special Exception. (CB-92-2010)
As a temporary use subject to annual renewal and located at least five hundred (500) feet from the boundary line of any other land in a Residential Zone, or land proposed to be used for residential purposes in a Comprehensive Design, Mixed Use, or Planned Community Zone.
Limited to four hundred (400) square feet.
Provided the site is either:
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Provided:
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Except in an emergency. In this case, the parking shall be subject to the traffic and parking regulations applicable to the right-of-way.
In a cluster development for which the preliminary plan of subdivision was approved prior to September 1, 1986, showing such one-family attached dwellings. Up to twenty percent (20%) in the R-80 Zone, and twenty-five percent (25%) in the R-55 Zone, of the total number of dwelling units in the cluster development may be one-family attached dwellings. The remainder shall be one-family detached dwellings.
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Only in connection with one-family detached dwellings.
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Limited to two (2) vehicles (total, all types) for a lot used for one-family semidetached dwelling, and four (4) vehicles (total, all types) for a two-family detached dwelling.
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(D) The mobile home shall not be located on the property for more than one hundred twenty (120) cumulative days per calendar year, except mobile homes used in connection with pari-mutuel racetracks where the use shall not exceed two hundred eighteen (218) cumulative days per calendar year.
(C) The occupants of the mobile home are employed by, or reasonably connected with, the other use; and
(B) The use of the mobile home is in connection with another use on the property for which the County levies an amusement tax;
(A) The mobile home is located on a lot having a net area of at least five (5) acres;
The field shall be located on a lot having a net area of at least ten (10) acres, which is owned and operated by an eleemosynary or philanthropic institution. Any accessory building shall not exceed one thousand (1,000) square feet of gross floor area, and shall only be used for maintenance and storage. Otherwise, a Special Exception is required.
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All events must comply with County or State regulations, and events requiring a specific license must obtain such license to be considered a permitted ancillary use. All events must be organized by the voluntary fire, ambulance, or rescue corporation or company and/or a community group from within the immediate vicinity of the station. For weddings, receptions, and dinners, the event may be organized by an individual in conjunction with the voluntary fire, ambulance, or rescue corporation or company and/or a community group within the immediate vicinity of the station. A permitted ancillary use does not include the leasing of the station facility for use by a promoter. Private events may not have advance or at the door ticket sales. All events must end by 10:00 p.m., Sunday through Thursday (except that bingo events must end by 11:00 p.m.), and by midnight on Friday and Saturday, with all patrons off the site within thirty (30) minutes after closing. (CB-70-2008)
The following activities are considered to be ancillary uses permitted within the hall/assembly area of a voluntary fire, ambulance, or rescue station: bingo (with an approved license from the Department of Environmental Resources), weddings, dinners, community events, organization functions, and private events (with no advance or at the door ticket sales).
(C) Occupied by a station that was in use as a station on June 30, 1982.
(B) In a location which the Fire Chief has indicated (in writing) is appropriate; or
(A) In the proximity of an area designated as a fire or rescue station on an approved Functional Master Plan of Fire and Rescue Stations;
Home occupations consisting of general clerical work or professional offices require a use and occupancy permit. (CB-31-1985)
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(E) The use shall not occupy more than fifty percent (50%) of the gross floor area of the dwelling.
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Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
Minimum lot size of two (2) acres required. A church must provide its tax-exempt identification number when applying for a Detailed Site Plan or a building or use and occupancy permit for an accessory day care center for children. (CB-23-1988; CB-44-1989)
In conjunction with an agricultural use.
Not allowed in an Agricultural Preservation Development, unless it existed prior to the approval of the site plan.
Permitted only on lots having a gross lot area of one (1) acre or more, otherwise a special exception is required. (CB-29-1985)
Provided the use either:
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This does not provide for accessory antennas or overhead distribution lines. (CB-25-1987)
Provided the health center is located on a minimum of twenty-five (25) acres. (CB-55-1988)
Either:
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Parking shall be provided as follows:
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A sanitary landfill, rubble fill, or Class 3 fill may include a rock crusher only if it is approved as part of the Special Exception. (CB-15-1990; CB-8-2003; CB-87-2003)
Townhouses which were permitted when developed pursuant to former Part 4A of this Subtitle prior to January 21, 1997, are permitted. No more than twenty percent (20%) of the total number of dwelling units in the development may be townhouses. (CB-84-1990; CB-47-1996)
Provided both uses were existing as of January 1, 1991. (CB-11-1991)
On lots having a total area exceeding twelve thousand (12,000) square feet. (CB-36-1991)
Includes semitrailers for an agricultural use located on a minimum of ten (10) acres. (CB-105-1993)
A church or similar place of worship that is located on a lot between one (1) and two (2) acres in size shall require a Detailed Site Plan in accordance with Part 3, Division 9, of this Subtitle. In addition to the
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If the property is located within the Chesapeake Bay Critical Area, was zoned R-80 prior to December 18, 1989, and is not the subject of a record plat. (CB-72-1989)
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The sale of gazebos and sheds is permitted for a Special Exception approved in 1984 as incidental to its operation if such sale and display is in accordance with Section 27-385 and provided no more than two (2) gazebos and two (2) sheds are visible from any public street. (CB-143-1989)
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(B) If parked in a yard abutting a street, it shall be parked on a dust-free surfaced area. (CB-43-1989)
(A) The vehicle shall be located at least eight (8) feet from a street line; and
Minimum lot size of thirty thousand (30,000) square feet required, except for bona fide nonprofit groups or organizations. (CB-23-1989)
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(B) The golf course or equestrian center shall be constructed within five (5) years of approval of the Detailed Site Plan. (CB-16-1989)
(A) In conjunction with an existing golf course or equestrian center; or
The use shall be related to, dependent on, secondary to, and located on the same record lot as, the multifamily dwelling or project. (CB-36-1987)
39
(B) Is located in a community building (constructed as part of a multifamily project) owned by a homeowners' association and not containing dwelling units, and does not occupy more than one-half of the gross floor area of the community building. (CB-81-1985)
(A) Is located at or below the ground floor level of a multifamily dwelling and does not exceed two thousand (2,000) square feet; or
Only for expansion of an existing sanitary landfill or rubble fill on abutting land for which an approved Special Exception has not expired.
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(CB-54-1986)
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Any property rezoned to the R-E Zone by a Sectional Map Amendment prior to January 1, 1994, on which a previous special exception was approved for a nursery and garden center may continue to operate as a permitted special exception use, notwithstanding the provisions of Section 27-320 of this Subtitle. (CB-135-1993)
Provided the field is located on a lot having a net area of at least 40 acres, and any field constructed after August 1, 1996, is set back 100 feet from all property lines. Otherwise, a Special Exception is required. (CB43-1994; CB-33-1996)
Subject to Detailed Site Plan approval in accordance with Part 3, Division 9 of this Subtitle, unless the use is located in a Regional Park owned by the M-NCPPC. (CB-47-1995)
Conversion shall not occur until:
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Townhouses shall comply with the design guidelines set forth in Section 27-274(a)(11) and the regulations for development set forth in Section 27-433(d). (CB-55-1996)
Section 3 of CB-55-1996 reads as follows: "BE IT FURTHER ENACTED that the provisions of this Ordinance shall not apply to projects for which a Detailed Site Plan has been filed and accepted prior to November 1, 1996, provided the design guidelines and regulations not resulting in a requirement of resubdivision are applicable, and provided building permits for ten percent of the dwelling units included in the Detailed Site Plan are issued within one year of the effective date of this legislation (December 30, 1996), and extensions of time for the permits do not exceed six months, and that the dwelling units are constructed pursuant to the permits.
Provided the use is located on a lot or parcel with not more than one-half acre which is adjoining and contiguous to an existing cemetery. (CB-60-1998)
Permitted use without requirement for special exception provided the use is on a parcel of land in the R-H Zone, the gross tract area of which is a maximum of twenty (20) acres, which is adjoining R-R zoned land developed with an existing Medical Residential Campus. The entire tract of land in the R-H Zone shall require Detailed Site Plan approval in accordance with Part 3, Division 9, of this Subtitle. Regulations restricting the height of structures, lot size and coverage, frontage, setbacks, density, and other requirements of the zone shall be consistent with existing development in the adjacent Medical Residential Campus. The dimensions and percentages shown on the approved site plan shall constitute the regulations for development. (CB-21-1999)
Provided:
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Permitted use without requirement for Special Exception provided the land on which the lot exists is in the R-55 Zone, immediately adjoins land in the C-S-C Zone, is a part of the same parcel as the land in the C-S-C Zone, and is located within the municipal limits of the City of New Carrollton. (CB-88-1999)
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Use of permitted mobile homes is restricted to employees at a riding stable on the Special Exception property. No more than two mobile homes may be located on such a property, and each must be on its own R-E lot as required by Section 27-118.01(c). A building permit shall be issued by the Department of Environmental Resources for each mobile home. Any mobile home unoccupied for more than 60 days must be removed from the property. (CB-79-1999)
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(C) The property is located in a Revitalization Tax Credit Area. (CB-46-1999)
(B) The lot or parcel abuts property in the C-O Zone; and
(A) The use is located on a lot or parcel not less than 15 or more than 20 acres in size and has frontage on a public street having a proposed right-of-way width of at least 120 feet;
For the purposes of this Section, a dwelling for the elderly shall be housing which is operated in accordance with State and Federal Fair Housing laws. (CB-71-1996)
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(B) The additional dwelling units are occupied. (CB-73-1996)
(A) The building is structurally modified to include the additional dwelling units; and
Provided the net lot area is at least five (5) acres. (CB-76-1993)
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(C) The maximum allowable lot coverage for the zone in which the use is proposed shall not be increased. (CB-76-1993)
(B) When possible, there should be no parking or loading spaces located in the front yard; and
(A) The minimum setback for all buildings shall be twenty-five (25) feet from each lot line;
requirements of Section 27-285(b), the following requirements shall be met:
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Provided:
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(C) The land and adjoining properties described in Subsection (B) were placed in the R-T Zone as a result of an approved Sectional Map Amendment;
(B) The land adjoins properties in the R-T Zone that is at least sixty (60) acres in size and is developed with at least three hundred and fifty (350) townhouses;
(A) The use is located on land no less than thirty (30) acres and not more than seventy (70) acres in size;
Provided:
(E) The site plan shall include at least two (2) stores containing one hundred thousand (100,000) square feet or more of gross floor area. (CB-65-2003)
(D) A Detailed Site Plan shall be approved in accordance with Part 3, Division 9, of this Subtitle; and
(C) The property is proposed for employment uses in the most recently approved applicable Master Plan;
(B) The site contains a minimum of eighty (80) acres that is split-zoned, I-3 and R-R, with not more than twenty percent (20%) zoned R-R;
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
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Provided:
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(A) The property is located on and inside the Capital Beltway at an existing interchange with said Beltway;
A Class 3 fill in existence as of October 7, 2003 that is operating pursuant to any validly issued grading permit, and is not in violation, shall be permitted to continue in operation as a matter of right, but is limited to the fill area established by any previously issued grading permit, not to exceed two renewals of the permit. Those fill operations that are in violation on October 7, 2003 have until December 31, 2003 to comply, or their permit is void. (CB-8-2003; CB-87-2003)
(D) Any such use shall only be located upon property that is the subject of an approved Detailed Site Plan. (CB-4-2003)
(C) The site has frontage on a street shown on the applicable Master Plan as an arterial or higher classification; and
(B) The parcel does not abut any property that is improved with single-family detached residential dwellings;
(A) The use is on a parcel of land which is surrounded by commercial and institutional uses;
Permitted use without requirement for special exception, provided; if as of February 1, 2003:
(B) Notwithstanding the provisions to the contrary, a revised site plan shall be approved by the Planning Board that incorporates the entire property showing existing and proposed improvements in both the R-R and C-W Zones. (CB-76-2001)
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Provided the use will be located on land that is located within the median of a road classified as a freeway on the applicable Master Plan; the property is at least one-half (1/2) acre in size; and access to the property will not be directly from the main travel lanes of the freeway. (CB-75-2001)
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(A) The use abuts an existing marina in the C-W-Zone approved prior to 1972 pursuant to a special exception; and
Permitted use without requirement for Special Exception provided the use was existing as of July 1, 2001, is located on a lot or parcel that is not less than 10 acres in size, and abuts a multi-use trail designated on an Approved Master Plan. (CB-53-2001)
The following uses are not permitted: car wash, animal hospital, training, kennel, grooming, blacksmith, carpet or rug shampooing, department store exceeding 80,000 square feet, electric or gas appliance repair, farm implement sales and repair, upholstery or furniture repair, locksmith, laboratories, lawn mower repair, machine shop, massage establishment, methadone treatment center, model studio, photo processing plant, studio or darkroom, pizza delivery, print shop, newspaper publishing, sauna or steam bath, septic tank sales, service, sewage dump (pump out) services, shoe repair, taxidermy, welding shop, bait shop, bottled gas, feed sales, wayside stand, and any use prohibited in the lease with the public agency, as modified or amended. (CB-35-2000; CB-60-2009)
The use is permitted on R-R zoned property leased from a public agency before January 1, 1974. Parking and loading facilities shall be provided in accordance with Part 11 (parking and loading requirements). Landscaping, buffering, and screening shall be provided in accordance with the Landscape Manual. Development regulations for building setbacks shall be provided in accordance with Part 6 (Commercial Zone regulations).
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Provided:
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Reserved. (CB-53-2005; CB-4-2013)
(A) Permitted in the R-18 Zone without a Special Exception, provided that the subject property:
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(B) Age restrictions in conformance with the Federal Fair Housing Act shall be set forth in covenants submitted with the application and shall be approved by the District Council and filed in the land records at the time the final subdivision plat is recorded. The applicant must obtain approval of a Detailed Site Plan, as provided in Part 3, Division 9, and demonstrate by evidence in the record that:
(iii) Adjoins property also in the R-18 Zone.
(ii) Is located within the Developed Tier; and
(i) Includes at least five (5) acres;
Permitted only to replace an existing surface mining or Class III fill operation located directly adjacent to an interstate (with "I" classification, not "US" or "MD") highway, which operation has an active permit at the time of preliminary plan approval for the townhouse or multifamily development. The Planning Board shall approve a Detailed Site Plan under Part 3, Division 9, of the Zoning Ordinance. Multifamily dwellings are permitted as provided in Section 27-436 for the R-18 Zone, and townhouses are permitted as provided in Section 27-433 for the R-T Zone. Regulations concerning lot size, coverage, frontage, setbacks, density, bedroom percentages, and other requirements applicable to multifamily, two-family dwellings and townhouse dwellings shall not apply; these dimensional (bulk) requirements shall be those approved by the Planning Board (or District Council after review) in the Detailed Site Plan. In its site plan review, the District Council may require the applicant to demonstrate in the site plan record that highway facilities are adequate to serve the townhouse project. This provision shall not apply to legal nonconforming sand and gravel or Class III fill operations. (CB-37-2005; CB-9-2012)
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(C) Detailed Site Plan approval is required in accordance with Part 3, Division 9, of this Subtitle. (CB-112-2004)
(B) Townhouse development shall be in accordance with the regulations for the R-T Zone; and
(A) Townhouse development is within a multifamily complex formerly used for multifamily dwellings, where residential (multifamily and/or townhouse) density was reduced as part of its redevelopment;
Up to seventy-five (75) dwelling units are permitted only if adjoining and operated by the same organization as an adult day care use, approved by Special Exception. All assisted living facilities standards and requirements in Part 6, Division 5, must be met, including Detailed Site Plan approval under Part 3, Division 9. (CB-110-2004)
(B) At least ninety percent (90%) of all required parking spaces are provided in a parking structure. (CB-109-2004)
(A) A condominium plat is recorded, in accordance with the provisions of the Maryland Condominium Act, setting out each dwelling unit as a separate unit, or a housing cooperative is established to own the dwelling units; and
Provided:
(D) A Detailed Site Plan shall be approved by the Planning Board that shows proposed improvements in both the C-M and R-A Zones and demonstrated compliance with Section 27-358(a)(1),(2),(4),(5),(6),(7),(8),(9) and (10). In addition, the Detailed Site Plan shall demonstrate that there are no single family homes on the property or on any abutting property. (CB-36-2004)
(C) The property is between forty thousand (40,000) and forty-five thousand (45,000) square feet in size and abuts the site of an existing gas station that was certified as a nonconforming use; and
(B) The property has frontage on a road classified as a freeway on the applicable Master Plan;
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Provided:
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(A) The use is located on property in both the C-M and R-A Zones;
Permitted as an expansion of an existing nonconforming animal hospital, veterinary office with a valid use and occupancy permit issued on or before July 1, 1998. Said expansion, is limited to four thousand (4,000) square feet of gross floor area and is subject to Detailed Site Plan approval, in accordance with Part 3, Division 9, of this Subtitle, by the Planning Board or its designee. (CB-76-2003)
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(E) A Detailed Site Plan shall be approved in accordance with Part 3, Division 9, of this Subtitle. (CB-70-2003)
(D) The land has frontage on and access to a road classified as an arterial on the applicable Master Plan and maintained by the State Highway Administration; and
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In a Public Benefit Conservation Subdivision, townhouses, one-family semidetached, and one-family metropolitan dwellings are allowed subject to the approval of a Detailed Site Plan and subject to the design
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Provided the property has a net lot area of at least six (6) acres and is located in a mixed use activity center designated as a "Transit Village" in the applicable Area Master Plan. (CB-37-2006)
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In the Rural Tier as defined by the 2002 General Plan or as amended through a subsequent planning process where a preliminary plan of subdivision is required pursuant to Subtitle 24 after June 30, 2006 the subdivision of land shall be subject to Section 24-152(g)(2) through (6), and (h) of the Conservation Subdivision Regulations. The minimum lot width at the building line and street line, and main building setback along a scenic and historic road are contained in Section 27-445.12(a) Tables 1 and 3. (CB-1-2006)
(vi) Conform to an approved Tree Conservation Plan. (CB-97-2005)
(v) Will not be detrimental to the use or development of adjacent properties or the neighborhood generally; and
(iv) Will not adversely affect the health, safety, or welfare of residents or workers in the neighborhood;
(iii) Will not substantially impair the integrity of the applicable Master Plan, any applicable Functional Master Plan, or the General Plan;
(ii) Conform with all applicable requirements of this Subtitle;
(i) Are in harmony with the purposes of this Subtitle;
(G) The site plan shall also demonstrate the development and uses:
(ii) The recreation facilities shall be constructed prior to or concurrently with the residential units or as stated in a construction schedule approved by the District Council.
(i) Recreation facilities should be provided to serve the community; and
(F) Be adjacent to or connected to C-S-C zoned land being redeveloped as a mixed-use development defined as at least two (2) uses including residential, retail, or office with each use comprising no less than ten percent (10%) of the uses of the site.
(E) Have interior private roads only where appropriate for and in furtherance of community purposes, and approved by DPW&T; and
(D) Have residential densities not exceeding eighteen (18) units per gross tract acre;
(C) Incorporate reasonable regulations for height of structures, architectural design, lot size and coverage, frontage, setbacks, density (as restricted below), dwelling unit types, percentages of uses, and other dimensional requirements, in place of conventional requirements;
(B) Include a traffic study that is prepared in accordance with the Planning Board Guidelines for Analysis of Traffic Impact of Development Proposals showing on-site circulation patterns, access points on and off site, impacts on major highways and intersections, and impacts mitigated in accordance with the Guidelines;
(A) Include at least thirty (30) but not more than fifty (50) residential units;
In accordance with the standards listed below, the applicant must obtain approval of a Detailed Site Plan as provided in Part 3, Division 9. In site plan review, the Planning Board shall find that the proposed use and subject property meet all Division 9 requirements (except as provided below) and will:
(C) Is within a Growth Corridor or Growth Center as defined in the General Plan.
(B) Has frontage on a freeway or highway; and
(A) Has area of at least two (2) acres;
Permitted in the R-55 Zone provided that the subject property meets the following criteria:
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(iii) The project is financed at least partially by tax credits approved by the State of Maryland. (CB-66-2005)
(ii) The density is not more than twice that normally allowed in the zone; and
(i) The net lot area is at least fifty percent (50%) of the minimum net lot area normally required in the zone;
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Permitted only where the multifamily development is the subject of a condominium regime, the property is located in a Transit Development Overlay Zone, the property abuts the District of Columbia, and the development includes a mix of residential and commercial uses. A Detailed Site Plan shall be approved by the Planning Board in accordance with Part 3, Division 9 of the Zoning Ordinance. Regulations concerning lot size, coverage, frontage, setbacks, density, bedroom percentages, and other requirements applicable to multifamily dwellings shall apply; these dimensional (bulk) requirements shall be those approved by the Planning Board (or the District Council) in the Detailed Site Plan. (CB-82-2008)
Permitted in accordance with Section 27-445.01 on land assessed for agricultural use. A restaurant may be permitted as an accessory use to a farm winery subject to approval of a special exception. The inclusion of a food or beverage store is not permitted as an accessory use to a Farm Winery. (CB-36-2009)
The use is permitted by right, but requires approval of a Detailed Site Plan to ensure the development of an appropriate rural/environmental setting whenever the land area covered by buildings and other structures exceeds 40,000 square feet. (CB-39-2009)
Parking shall be provided as follows:
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Permitted use without requirement for Special Exception or Detailed Site Plan provided the property on which the use is located is owned by a non-profit organization as of October 1, 2012, and further provided that said property shall be exempt from the requirements of the Prince George's County Landscape Manual, Section 27-442(c) Regulations for Lot Coverage and Green Area, and Part 11 for off-street parking and loading except for parking facilities for the physically handicapped. (CB-105-2012; CB-97-2013)
If the day center is owned and operated by a church and was previously a Head Start public school and day care center operated by Prince George's Board of Education, it may be permitted by right, in accordance with Section 27-445.03. Said day care center must be adjacent to the church. The church must provide its tax-exempt identification number when applying for a Detailed Site Plan or a building or use and occupancy permit, as well as documentation demonstrating the contractual relationship between the church and the Prince George's Board of Education. (CB-2-2013)
Permitted use provided the subject property is subject to a previously approved special exception for a parking lot on residential land serving an adjacent property in a commercial zone and the adjacent property is developed with an eating or drinking establishment with drive-through service. (CB-14-2013)
Permitted use only where a municipality indicates approval to operate such use on the property, and the extent of the use on the property does not exceed a maximum of five (5) acres in size. The Urban Farm shall
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Permitted use without requirement for Special Exception only to replace a legal, nonconforming nursing or care home on an abutting R-80 Zone lot, which has been in continuous operation since 1970. A Detailed Site Plan shall be approved in accordance with Part 3, Division 9, of this Subtitle. (CB-55-2011)
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Provided the use is for the purpose of promoting agritourism as defined in Sec. 27-107 (a). (CB-92-2010)
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(E) The boat and boat trailer shall be covered to prevent the accumulation of water. (CB-24-2010)
(D) The boat and boat trailer shall not be in excess of twenty (20) feet unless located on a lot at least two (2) acres in size; and
(C) The boat and boat trailer shall be properly licensed and operable;
(B) The boat and boat trailer shall be parked on a dust-free surface area such as concrete, asphalt, or gravel;
(A) The boat and boat trailer shall be located at least eight (8) feet from a street line;
Each project developed pursuant to this provision shall be subject to a mandatory Detailed Site Plan reviewed by the District Council. (CB-82-2008)
(D) The use meets the Additional Requirements for Specific Special Exception as set forth in Sec. 27-348.03 (CB-81-2008)
(C) The use requires no new "building" construction on the subject property.
(B) The subject property is located on a corner lot with frontage on at least one public street with a right of way greater than eighty (80) feet in width.
(A) The subject property is a minimum of eighteen thousand (18,000) square feet in size.
Provided:
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guidelines of Section 27-274 (a) (11) and the regulations for development set forth in Section 27-433 (c) through (k). Townhouses, one-family semidetached, and one-family metropolitan dwellings may not comprise more than twenty-five percent (25%) of the total number of units included in a Public Benefit Conservation Subdivision. (CB-32-2008)
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Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
(D) Signage shall be limited to way finding and directional signs. (CB-76-2013)
(C) Accessory structures are permitted; and
(B) Exempt from Part 11, the parking and loading requirements;
(A) Exempt from the Landscape Manual regulations;
VII-37
not allow noxious odors or dust to drift off the premises. The applicant shall be required to obtain a Health Department permit if fruits and vegetables are cut up or prepared foods are being sold to the public. The Urban Farm will not be subject to the sections of Subtitle 27 as listed below or the Landscape Manual:
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Lot shown on a plat recorded on or before February 1, 1970
Lot shown on a plat recorded on or before July 1, 1966
Lot shown on a valid preliminary plan of subdivision filed with the Commission on or before July 1, 1966, and subdivision plat recorded on or before July 1, 1967
Lot in a cluster development (CB-1141989)
Lot that was created under the intrafamily conveyance provisions of Subtitle 24, Sec. 107(c) (15)24 (CB-47-2009)
Lot that was created through resubdivision as a cluster development (CB-114-1989)
Lot that was created by the subdivision or resubdivision of 25 acres or more, wherein the number of lots permitted shall be the gross acreage divided by 2
Lot that was created by the subdivision or resubdivision of 50 acres or more, wherein the number of lots permitted shall be the gross acreage divided by 5
Lot that was created under the lot size averaging provisions of Subtitle 24 of this Code, by a final plat pursuant to a preliminary plan approved prior to July 1, 2006. (CB-6-2006)
Lot shown on a plat recorded on or before September 19, 1970 -
-
87,1205
-
7,0004
43,560
10,0004
10,0003,4
10,0003,4
15,0004
20,0004
217,800
O-S
-
-
-
43,5605
7,0004
-
10,0004
10,0003,4
10,0003,4
15,0004
20,0004
87,120
R-A
-
30,000
-
-
-
-
10,00018
10,0003,4
10,0003,4
15,0004
20,0004
40,00023
R-E
-
15,000
-
-
7,00010
-
10,000
10,0003
10,0003,14
15,000
-
20,00022
R-R
8,0006
8,000
-
-
-
-
6,0001
-
-
-
-
9,500
R-80
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
-
Lot shown on a plat recorded after February 1, 1970
VII-38
871,200
In general (CB-89-2000; CB-88-2005)
One-family detached dwellings:
Minimum Net Lot Area (square feet)
Principal Structures
R-O-S
-
5,000
-
-
-
-
4,8001
-
-
-
-
6,500
R-55
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
6,500
R-20
ZONE
6,500
R-35
DIMENSIONAL STANDARDS â&#x20AC;&#x201C; RESIDENTIAL ZONES
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
-
-
-
-
-
-
-
-
-
-
-
6,500
R-T
-
-
-
-
-
-
-
-
-
-
-
6,500
R-30
-
-
-
-
-
-
-
-
-
-
-
6,500
R-30C
-
-
-
-
-
-
-
-
-
-
-
6,500
R-18
-
-
-
-
-
-
-
-
-
-
-
6,500
R-18C
-
-
-
-
-
-
-
-
-
-
-
-
R-10A
-
-
-
-
-
-
-
-
-
-
-
6,500
R-10
-
-
-
-
-
-
-
-
-
-
-
6,500
R-H
-
-
-
One-family metropolitan dwellings (CB-332005)
One-family semidetached dwellings
One-family triple-attached dwellings, inner lots
One-family triple-attached dwellings, outer lots
Townhouses, constructed pursuant to a Detailed Site Plan filed prior to November 1, 1996, and in compliance with Section 3 of CB-55-199621 (CB-55-1996)
Townhouse, Transit Village (CB-37-2006)
Townhouses, all others
Two-family dwellings
Three-family dwellings
_____16
_____20
-
-
-
-
-
-
-
-
-
-
_____16
-
-
-
-
-
-
-
-
-
-
-
-
-
10,00015
R-A
_____16
-
-
-
-
-
-
-
-
-
-
-
-
-
10,00015
R-E
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
Lot Coverage and Green Area
Other allowed uses (CB-33-1985)
(B) Lot recorded prior to November 29, 1949
(A) In general
-
-
Lot, shown on a recorded plat, that is in a minor portion of a block, the majority (more than half) of which and the immediate surrounding area of which has been subdivided prior to September 22, 1957, with lots having net areas of 5,500 square feet or less (CB-114-1989)
Multifamily dwellings:
-
-
Lot that is part of a resubdivision of land on a plat that was originally recorded prior to November 29, 1949, and was composed of lots having an average net area of 5,000 square feet or less (CB-114-1989)
-
10,00015
O-S
Lot shown on a plat recorded prior to November 29, 1949 (CB-114-1989; CB-671999; CB-11-2002)
R-O-S
_____16
-
-
-
-
-
-
-
-
-
-
-
-
-
10,00015
R-R
-
-
-
-
-
-
-
-
-
-
-
5,500
5,000
5,000
R-55
-
-
-
7,000
-
-
-
-
-
3,500
-
5,500
5,000
-
-
-
-
-
1,500
1,500
1,800 -
1,500
-
1,500
1,500
-
1,500
2,200
5,500
5,000
5,000
R-T
2,00011
2,00011
3,0008
2,0009
3,500
-
5,500
5,000
5,000
R-20
ZONE
5,000
R-35
-
14,000
1,500
1,500
1,800
-
1,500
1,500
-
1,500
-
5,500
5,000
5,000
R-30
-
14,000
1,500
1,500
1,800
-
1,500
1,500
-
1,500
-
5,500
5,000
5,000
R-30C
4,00012
16,000
1,500
1,500
1,800
-
1,500
1,500
-
1,500
-
5,500
5,000
5,000
R-18
-
43,560
1,500
1,500
1,800
-
1,500
1,500
-
1,500
-
5,500
5,000
5,000
R-18C
-
87,120
-
-
-
-
-
-
-
-
-
-
-
R-10A
-
20,000
-
-
-
-
-
-
-
-
5,500
5,000
5,000
R-10
VII-39
_____16 _____16 _____16 _____16 _____16 _____17 _____17 _____17 _____17 _____17 _____17
-
-
-
-
-
-
-
-
-
-
-
-
-
6,00015
R-80
DIMENSIONAL STANDARDS â&#x20AC;&#x201C; RESIDENTIAL ZONES
_____17
-
217,80013
-
-
-
-
-
-
-
-
5,500
5,000
5,000
R-H
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
-
10 10
One-family detached, cluster development (CB-54-1986; CB-84-1990)
One-family metropolitan dwellings (CB-332005)
One-family semidetached
One-family triple-attached, inner lot
One-family triple-attached, outer lot
Townhouse, Transit Village (CB-37-2006)
Townhouses, all others
Two-family
Three-family
Multifamily dwellings having 4 or more stories (CB-109-2004; CB-35-2005)
Multifamily dwellings having less than 4 stories (CB-109-2004; CB-35-2005)
Agricultural preservation development
Churches or similar places of worship on lots between one (1) and two (2) acres in size (CB-76-1993)
Other allowed uses within two thousand and five hundred (2,500) feet of a drinking water reservoir (CB-83-2003)
Other allowed uses
-
-
50
10
50
-
-
-
-
-
-
-
-
-
-
-
-
512
O-S
-
-
50
10
50
-
-
-
-
-
-
-
-
-
-
-
-
1012
R-A
-
-
60
10
50
-
-
-
-
-
-
-
-
-
-
-
-
20
R-E
-
-
60
20
50
50
-
-
-
-
-
-
-
-
-
60
20
50
-
-
-
-
-
-
-
-
-
505
505 -
-
30
30
R-80
-
30
259
R-R
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
-
Multifamily dwellings having less than 4 stories
VII-40
-
Multifamily dwellings having 4 or more stories
Minimum Green Area ( % of net lot area):
2
One-family detached, in general (CB-112002; CB-5-2011)
Dwellings (including all accessory uses, home occupations):7,8
Maximum lot coverage (% of Net Lot Area):
R-O-S
-
-
60
20
50
-
-
-
-
-
-
-
-
-
505
-
30
30
R-55
-
-
60
20
50
-
-
-
-
30
-
-
-
-
30
-
-
30
R-35
1
-
-
60
20
50
-
-
-
-
-
35
-
303
40
2
35 1
-
-
30
R-20
ZONE
DIMENSIONAL STANDARDS â&#x20AC;&#x201C; RESIDENTIAL ZONES
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
-
-
60
10
50
-
-
-
35
70
-
60
20
50
-
201
201
35
1
1
1
35
35 1
1
1
-
-
35 1
-
-
30
R-30
35 1
35
50
-
-
35 1
50
-
30
R-T
1
70
-
60
20
50
-
201
201
35
1
35 1
35
-
-
-
35 1
-
-
30
R-30C
1
70
60
60
20
50
-
3011
40
35
1
35 1
35
-
-
-
35 1
-
-
30
R-18
1
70
60
60
20
50
-
30
40
35
1
35 1
35
-
-
-
35 1
-
-
30
R-18C
50
50
50
20
50
-
50
50
-
-
-
-
-
-
-
-
-
-
R-10A
50
55
55
60
6010
50
20
50
-
121,4
121,4
-
-
-
-
-
-
-
-
-
30
R-H
20
50
-
50
50
-
-
-
-
-
-
-
-
-
30
R-10
300
One-family metropolitan dwellings (CB-33-2005)
One-family semidetached dwellings
One-family triple-attached dwellings
Townhouse, Transit Village (CB-37-2006)
Townhouses, all others
Two-family dwellings
Three-family dwellings
Multifamily dwellings
Other allowed uses
-
One-family detached dwellings, cluster development17 (CB-54-1986)
One-family metropolitan dwellings (CB-332005)
One-family semidetached dwellings
One-family triple-attached dwellings
Townhouse, Transit Village (CB-37-2006)
-
-
-
-
-
25
-
-
-
-
-
25
150
-
-
-
-
-
-
-
-
-
150
-
R-A
3001
-
-
-
-
-
-
-
-
3001
-
O-S
-
-
-
-
-
5015
150
-
-
-
-
-
-
-
-
-
15014,19
-
R-E
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
25
One-family detached dwellings, in general13
At Front Street Line (Existing or Proposed):18
At Front Street Line on a Cul—de-sac:
-
300
-
One-family detached dwellings, cluster development17 (CB-54-1986)
One-family detached dwellings, in general13
At Front Building Line:
Minimum Lot Width/Frontage (feet)
Attached dwellings (other than multifamily dwellings)
Minimum Green Area (% of net tract area):
R-O-S
-
-
-
-
5015
703,15,20
1002,20
-
-
-
-
-
-
-
-
7514
1002,14,20
-
R-R
VII-41
-
-
-
-
4515
5015
75
-
-
-
-
-
-
-
-
6514
7514
-
R-80
-
-
-
-
4015
454,15
654
-
-
-
-
-
-
-
-
5014
654,14
-
R-55
-
-
-
20
-
-
45
65
-
65
8
20
-
-
45
65
-
-
-
_____
16
-
-
80
8
30
-
-
65
-
R-20
ZONE
605
-
-
30
-
-
65
-
R-35
DIMENSIONAL STANDARDS – RESIDENTIAL ZONES
20
-
100
6,7
22
-
45
65
-
100
-
-
100
-
-
6,7
45
759
75
9
100
6,7
6,7
6,7
1006,7
100
1006,7
100
6,7
20
-
1006,7
1006,7 -
-
-
65
506
R-30
22
-
65
506
R-T
6,7
-
-
100
-
-
6,7
45
759
75
9
100
6,7
1006,7
100
-
-
1006,7
-
-
65
506
R-30C
6,7
-
-
100
-
-
6,7
45
8510
85
10
100
6,7
1006,7
100
-
-
1006,7
-
-
65
506
R-18
6,7
-
-
100
-
-
6,7
45
8510
85
10
100
6,7
1006,7
100
-
-
1006,7
-
-
65
506
R-18C
11
-
-
-
-
-
-
10011
100
-
-
-
-
-
-
-
-
-
-
R-10A
11
-
-
-
-
-
45
10011
100
-
-
-
-
-
-
-
-
65
-
R-10
-
-
-
-
-
45
250
250
-
-
-
-
-
-
-
-
65
-
R-H
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
25
Two-family dwellings
Three-family dwellings
Multifamily dwellings
Other allowed uses (CB-33-1985)
50 -
One-family metropolitan dwellings (CB-332005)
One-family semidetached dwellings
One-family triple-attached dwellings
Townhouse, Transit Village (CB-37-2006)
Townhouses, all others
Two-family dwellings
Three-family dwellings
Multifamily dwellings
Other allowed uses
Minimum distance of front building line to center line of existing or proposed street upon which it fronts
-
-
40/20
-
50
-
-
-
-
-
-
-
-
-
50
25
-
-
-
-
O-S
1
-
-
35/17
-
50
-
-
-
-
-
-
-
-
-
501
25
-
-
-
-
R-A
1
-
-
35/17
50
25
-
-
-
-
-
-
-
-
-
251
50
-
-
-
-
R-E
20
-
17/86,21
17/86,21
-
25
-
-
-
-
-
-
-
-
2520
-
17/821
17/821
50
25
1,20
-
-
-
-
-
-
-
-
2520
251,20
50
703,20
2520
-
-
-
-
R-80
-
-
-
-
R-R
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
-
One-family metropolitan dwellings (CB-332005)
VII-42
-
One-family detached dwellings, cluster development (CB-54-1986)
One-family detached dwellings, in general22 (CB-54-1986)
Total of Both Yards/Minimum of Either Yard: 40/20
-
One-family detached dwellings, cluster development (CB-54-1986)
Side Yards:9
50
One-family detached dwellings, in general (CB-54-1986)
Front Yard:7
Minimum Yard Depth/Width (feet)
-
Townhouses, all others
R-O-S
20
-
17/86,21
1
17/86,8,2
-
25
-
-
-
-
-
-
-
-
2520
2520
454
-
-
-
-
R-55
-
-
6,7
6,7 6,7
6,7
2
2
-
-
17/86,8
-
25
-
-
_____2
-
17/86,8
-
25
-
_____
-
-
17/86,8
6013
30
30
_____
_____
2
_____
2
_____2 25
_____2
_____
-
-
2
_____2
_____2 -
-
-
25
759
759
100
100
100
6,7
R-30
25
-
25
45
-
100
100
100
6,7
R-T
_____12
25
25
-
-
25
45
-
-
-
_____
16
R-20
ZONE
17/86,8
-
25
-
-
25
-
-
-
25
-
-
25
45
-
-
40
-
R-35
DIMENSIONAL STANDARDS â&#x20AC;&#x201C; RESIDENTIAL ZONES
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
6,7
6,7
-
-
17/86,8
6013
30
30
_____
2
_____
2
_____2
-
-
_____2
-
-
25
759
759
100
100
100
6,7
R-30C
6,7
6,7
19
-
-
17/86,8
6019
30
30
19
_____
2
_____
2
_____2
-
-
_____2
-
-
25
8510
8510
100
100
100
6,7
R-18
6,7
6,7
19
-
-
17/86,8
6019
30
30
19
_____
2
_____
2
_____2
-
-
_____2
-
-
25
8510
8510
100
100
100
6,7
R-18C
4
4
-
-
-
604
30
30
-
-
-
-
-
-
-
-
-
10011
10011
-
-
-
R-10A
4
4
-
-
17/86,8
604
30
30
-
-
-
-
-
-
-
-
25
10011
10011
-
-
-
R-10
-
-
17/86,8
903
503
503
-
-
-
-
-
-
-
-
25
250
250
-
-
-
R-H
40/20
Three-family dwellings
Multifamily dwellings
Other allowed uses6,8
20
One-family metropolitan dwellings (CB-332005)
One-family semidetached dwellings
One-family triple-attached dwellings
Townhouses
Townhouse, Transit Village (CB-37-2006)
Two-family dwellings
Three-family dwellings
Multifamily dwellings
Other allowed uses (CB-114-1989)
35
20
-
-
-
-
-
-
-
-
-
20
5010
35
-
-
-
-
-
-
-
-
-
35
-
505
35/17
-
-
-
-
-
-
-
R-A
35
25
-
-
-
-
-
-
-
-
-
25
-
25
35/17
-
-
-
-
-
-
-
R-E
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
In general
Minimum Distance Between Unattached Multifamily Dwellings (feet)
All allowed uses7, 12 35
-
One-family detached dwellings, cluster development (CB-54-1986)
Maximum Building Height (feet)
20
One-family detached dwellings, in general (CB-54-1986)
Rear Yard:
40/20
-
-
-
-
-
Two-family dwellings
-
-
-
-
Townhouses, all others
50
-
Townhouse, Transit Village (CB-37-2006)
-
-
O-S
50
-
One-family triple-attached dwellings
If a corner lot, the side yard along the street7
-
One-family semidetached dwellings
R-O-S
35 1
20
-
-
-
-
-
-
-
-
20
20
-
255,6,20
17/86,21
-
-
-
-
-
-
-
R-R
VII-43
40
20
-
-
-
-
-
-
-
-
20
20
-
256,20
17/821
-
-
-
-
-
-
-
R-80
35 1
20
-
-
-
-
-
-
-
-
20
20
-
255,6,20
1
17/86,8,2
-
-
-
-
-
-
-
R-55
6
35 1,9
20
-
-
20
-
-
-
20
-
-
20
-
255,6
17/86,8
-
-
18/9
-
-
-
45
35 1,3,9
20
-
-
-
-
_____12
18
20
-
-
20
-
256
17/86,8
-
-
-
402,9
20
-
_____
50
403,4,9
30
30
_____
2
_____ 2
_____
2
-
_____2 2
_____
2
_____2
-
_____2
_____2 -
-
-
2
50
403,4,9
30
30
_____
2
_____
-
_____2
-
_____2
-
-
20
2514
2514
20
3013,16
30/10
30/10
_____
2
_____
2
_____2
-
-
_____
2
R-30C
3013,16
30/10
30/10
_____
25
-
20
-
255,6,11
17/86,8
-
_____
2
_____
2
_____2
-
-
2
_____
2
_____
R-30
2
_____2
2
_____
-
_____
2
-
12
R-T
_____12
20/10
9
6,10
6,10
9
R-20
R-35
ZONE
DIMENSIONAL STANDARDS â&#x20AC;&#x201C; RESIDENTIAL ZONES
2
_____
_____
2
_____
2
_____2
-
-
_____
2
R-18C
2
50
50
403,5,9
3019
3019
2
_____ 3019
403,5,9
2
_____
-
_____2
-
_____2
-
-
20
2514
3019
_____
2
_____
-
_____2
-
_____2
-
-
20
2514
3013,16,19 3013,16,19
30/1019 30/1019
30/1019 30/1019
2
_____
2
_____2
-
-
_____
R-18
50
1106
304
304
-
-
-
-
-
-
-
-
-
-
304,16
30/104
30/104
-
-
-
-
-
-
R-10A
50
1106,9
304
304
-
-
-
-
-
-
-
-
20
2514
304,16,17
30/104
30/104
-
-
-
-
-
-
R-10
50
_____9,11
503
503
-
-
-
-
-
-
-
-
20
2514
503,13,15,17
50/203
50/203
-
-
-
-
-
-
R-H
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
VII-44
25
25
25
-
25
-
25
-
-
-
25
-
-
-
-
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
Coverage (Maximum Percentage of Yard)
Accessory Buildings
-
-
-
-
-
25
-
-
-
-
-
-
-
25
-
-
12.44
-
-
-
12.44
25
-
-
-
16.33
-
16.33
12.44
8.00
6.00
12.00
-
8.00
6.00
-
6.70
R-30
25
-
-
25
10.00
9.00
12.00
8.00
6.00
-
-
8.00
-
-
6.70
-
-
-
-
-
-
-
-
-
-
-
6.70
9.00
-
-
-
-
-
-
-
-
-
6.70
-
-
Two-family dwellings
-
-
-
-
-
-
4.20
6.70
Multifamily dwellings (CB-114-1989)
-
Townhouses, all others
-
-
-
-
4.108
2.007 -
3.00
4.58
3.006
2.17
Three-family dwellings, all others
-
Townhouse, Transit Village (CB-37-2006)
-
-
-
-
-
1.08
12.00
-
One-family triple-attached dwellings
-
-
-
0.50
R-T
Three-family dwellings, constructed pursuant to a Detailed Site Plan filed prior to November 1, 1996, and in compliance with Section 3 of CB-55-19969 (CB-551996)
-
One-family semidetached dwellings
-
-
-
-
0.20
-
One-family metropolitan dwellings (CB-332005)
One-family detached dwellings, cluster development2 (CB-54-1986)
One-family detached dwellings, in general
Maximum Residential Density (DU/net acre) 0.05
R-20
ZONE
50
R-35
Outer Court (Width)
R-55
-
R-80
If 2 buildings are situated so that neither is visible from any window or public entrance of the other, or no line perpendicular to any wall of either building intersects any wall of the other building (See Figure 54.)
R-R
-
R-E
Additional distance for each 1 foot above 30 feet of taller building
R-A -
O-S
Additional distance for each 1 foot above 36 feet of taller building
R-O-S
DIMENSIONAL STANDARDS â&#x20AC;&#x201C; RESIDENTIAL ZONES
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
25
-
12.00
9.00
12.00
8.00
6.00
-
-
8.00
-
-
6.70
50
-
-
-
R-30C
25
20.004
20.004
25
14.003
9.00
12.00
8.00
6.00
-
-
8.00
-
-
12.003
9.00
12.00
8.00
6.00
-
-
8.00
-
-
6.70
_____2
_____2
6.70
204
-
2
R-18C
204
-
2
R-18
25
-
48.005
-
-
-
-
-
-
-
-
-
-
_____2
205
-
0.5
R-10A
25
-
48.00
-
-
-
-
-
-
-
-
-
6.70
_____2
205
-
0.5
R-10
25
-
48.40
-
-
-
-
-
-
-
-
-
6.70
-
_____3
1
-
R-H
2 2 5
From side lot line
From rear lot line
From alley line
155,8
155,8
10
15
30
25
10
50
25
5
2
2
60
O-S
259
103
15
30
-
-
50
25
5
2
2
60
R-T
1514
103
15
30
-
-
50
25
5
2
2
60
R-30
1514
103
15
30
-
-
50
25
5
2
2
60
R-30C
155,14
103
15
30
-
-
50
25
5
2
2
60
R-18
1514
103
15
30
-
-
50
25
5
2
2
60
R-18C
1514
103
15
30
-
-
50
25
5
2
2
60
R-10A
155,14
103
15
30
-
-
50
25
5
2
2
60
R-10
1514
103
15
30
-
-
50
25
5
2
2
60
R-H
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
VII-45
(i) The lot was a record lot (legally created by plat or deed) prior to classification in the R-A, O-S, or R-E Zone;
(A) Provided either:
155
103
15
30
-
-
50
25
5
212
2
12
60
R-20
ZONE
4
155
103
15
30
-
-
50
25
5
2
2
60
R-35
Provided each lot is served by a public or other approved water supply system.
155
103
15
30
2515
1015
50
25
5
2
2
60
R-55
3
155
103
15
30
-
-
50
25
5
2
2
60
R-80
If lot is not served by a public water or sewage system, the minimum net lot area shall be increased to include any additional area deemed necessary by the County Health Officer to insure a potable water supply and adequate sewage disposal.
155,8
103
15
30
257
107
50
25
5
2
2
60
R-R
2
155,8
103
15
30
25
10
50
25
5
2
2
60
R-E
One thousand five hundred (1,500) square feet for townhouses and other attached one-family dwellings shown on a preliminary plan of subdivision approved prior to September 1, 1986. (CB-54-1986)
155,8
126
25
50
50
25
50
25
10
10
15
80
R-A
1
Minimum Net Lot Area
DIMENSIONAL STANDARDS TABLE NOTES – RESIDENTIAL ZONES
Height (Maximum in Feet above the Ground) (CB-114-1989; CB-129-1989)
10
15
From side street line (along which an abutting lot does not front)4
From rear lot line2
30
25
From side street line (along which an abutting lot fronts)2
If a corner lot:1
From dwelling on adjoining lot (CB-451987; CB-36-1991)
From side or rear lot line
If building used for homing or racing pigeons:1 10
50
From dwelling on adjoining lot
13
25
From side or rear lot line
If building used for housing or sale of animals or fowl except homing pigeons:1
13
60
From front street line
Setback (Minimum in Feet), in general:
R-O-S
DIMENSIONAL STANDARDS – RESIDENTIAL ZONES
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
Outer lots (see Figure 52).
Inner lots (see Figure 52).
If original subdivision was duly recorded in the Land Records of the County before July 1, 1967, and the net lot area of each lot in that subdivision was at least ten thousand (10,000) square feet.
8
9
10
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
Attached dwellings (other than multifamily dwellings) may be developed as condominiums or cooperative units. In this case, the recorded individual lot provisions shall not apply. Instead, the requirements for net lot area will be applied for review purposes, only, and shall be shown on the preliminary plan of subdivision and Detailed Site Plan.
7
VII-46
Provided the average net area of all lots created in the subdivision is at least nine thousand five hundred (9,500) square feet.
(iii) The size and number of lots which would be created by resubdivision are in conformance with (A), (B), (C), & (D), above, and the maximum number of lots permitted is not more than the gross acreage divided by five (5) (O-S Zone) or two (2) (R-A Zone). (CB-6-2006)
(ii) The entire tract is resubdivided into five (5) acre lots in the O-S Zone or two (2) acre lots in the R-A Zone; or
(i) The land is rezoned to another zone;
(E) No portion of the subdivided tract may be resubdivided unless:
(D) All lots allowed under (B) & (C), above, shall be used only for residential or agricultural purposes; and
(ii) R-A Zone - fifty thousand (50,000) square feet;
(i) O-S Zone - three (3) acres; or
(C) Minimum lot size of remaining lots:
(ii) R-A Zone - one (1) acre - only one (1) such lot per twenty-five (25) acres;
(i) O-S Zone - two (2) acres - only one (1) such lot per fifty (50) acres;
(B) Minimum lot size of any one (1) lot:
(ii) R-A Zone - two (2) acres;
(i) O-S Zone - five (5) acres; or
(A) Minimum lot size of at least sixty percent (60%) of the total number of lots:
The following modifications may be permitted for preliminary plans of subdivision accepted prior to July 1, 2006.
6
5
(B) The lot may be developed in accordance with the requirements of Regulations Tables II, III, IV, V, VII, and VIII of this Section applicable to the R-R Zone. If the lot is within a cluster development, it may be developed in accordance with the approved cluster site plan.
(iii) The lots created contain at least twenty thousand (20,000) square feet, unless the total area of all abutting lots or parcel is under one ownership and is less than twenty thousand (20,000) square feet.
(ii) The resubdivision reduced the degree of nonconformity with the requirements (including lot size) of the existing zone; and
(i) The lot was created by the resubdivision of two (2) or more undeveloped lots (in the same ownership) of less than five (5) acres each (O-S Zone), two (2) acres each (R-A Zone), or forty thousand (40,000) square feet each (R-E Zone);
OR
(iii) The owner of record does not own abutting lots or parcels;
(ii) The lot is in conformance with all the requirements of the Zone it was in when recorded; and
DIMENSIONAL STANDARDS TABLE NOTES â&#x20AC;&#x201C; RESIDENTIAL ZONES
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
The relationship between the percentage of the lot covered by multifamily dwellings and the amount of net lot area per dwelling unit shall be in accordance with the following table:
13
1,000 900
More than 7; not more than 8
7 or less
Same as would be applied to multifamily dwellings.
Provided the lot:
17
18
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
(B) Has a net lot area of less than forty thousand (40,000) square feet;
(A) Is a record lot;
Same as would be applied to one-family detached dwellings.
16
VII-47
(G) The minimum lot size may be reduced to five thousand (5,000) square feet in the R-R Zone if the original lot size was ten thousand (10,000) square feet but reduced in size due to a right-of-way taking for a lot which was the subject of approved variances, except lot size, and said variances were approved prior to the right-of-way taking. Any other lots under the same ownership shall be combined to achieve a lot that meets the 10,000 square foot standard. (CB-67-1999; CB-91-2001; CB-11-2002; CB-64-2003; CB-43-2009)
(F) If the original lot size was ten thousand (10,000) square feet but reduced in size due to a right of way taking or some other public purpose, the minimum lot size may be reduced to five thousand (5,000) square feet. Such reduction is not permitted where an adjacent lot in the same ownership may be combined with the lot under ten thousand (10,000) square feet to reduce or eliminate the area deficiency. Such reduction is not allowed unless a building permit has been obtained prior to July 1, 2003 except as provided in subsection (G). Buffering for adjoining properties shall be provided on each lot less than ten thousand (10,000) square feet.
(E) Until March 1, 2004, if a single owner combines lots, as provided in (B) above, to form at least thirty-five (35) buildable lots ten thousand (10,000) square feet or more in area, and if all such buildable lots are within one thousand five hundred (1,500) feet of one another and were unimproved on July 1, 2001, then the owner may combine lots for up to four combination lots which are seven thousand five hundred (7,500) square feet or more in area.
(D) In Revitalization Tax Credit Areas or municipalities, a variance may be obtained to reduce the minimum lot size to five thousand (5,000) square feet.
(C) If a lot (or combination of lots) has a width of at least forty (40) feet, and was recorded prior to April 17, 1928, it can be used for a one-family dwelling provided the lot (or combination of lots) meets the minimum net lot area requirements of the appropriate zone.
(B) When two or more lots are combined to provide a single building site, the lots shall be consolidated in accordance with Section 24-108(a)(3) of the Subdivision Regulations prior to the issuance of a building permit so as to create a single lot, unless the residence is to be built on a portion of each of the existing lots.
(A) No variance of a lot size less than ten thousand (10,000) square feet (six thousand (6,000) square feet in the R-80 Zone) shall be considered except in (D) below.
1,100
More than 8; not more than 9
15
1,200
More than 9; not more than 10
On a record lot having a net area of between ten thousand (10,000) and twenty thousand (20,000) square feet, a one-family detached dwelling may be erected, provided the lot was created (under the provisions of Section 24-111(b) of Subtitle 24 of this Code) from land previously subdivided in accordance with the Zoning Ordinance standards applicable to the R-R Zone on or before July 1, 1966.
1,300
More than 10; not more than 11
14
1,400
More than 11; not more than 12
Minimum Net Lot Area per Dwelling Unit (Square Feet)
Where the District Council believes that a smaller lot is necessary, in order to make possible the redevelopment of a deteriorated or obsolescent single-family residential area.
12
Percentage of Net Lot Area Coverage by Multifamily Dwellings
With eight thousand (8,000) square feet for all three units.
11
DIMENSIONAL STANDARDS TABLE NOTES â&#x20AC;&#x201C; RESIDENTIAL ZONES
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
Section 3 of CB-55-1996 reads as follows: "BE IT FURTHER ENACTED that the provisions of this Ordinance shall not apply to projects for which a Detailed Site Plan has been filed and accepted prior to November 1, 1996, provided the design guidelines and regulations not resulting in a requirement of resubdivision are applicable, and provided building permits for ten percent of the dwelling units included in the Detailed Site Plan are issued within one year of the effective date of this legislation (December 30, 1996), and extensions of time for the permits do not exceed six months, and that the dwelling units are constructed pursuant to the permits.
If the original lot size was greater than or equal to twenty thousand (20,000) square feet but reduced in size due to a right-of-way taking or for a stormwater management pond, the minimum lot size may be reduced to no less than ten thousand (10,000) square feet. Such reduction is not permitted where an adjacent lot in the same ownership may be combined with the lot under twenty-thousand (20,000) square feet to reduce or eliminate the area deficiency. (CB-89-2000)
The minimum lot size may be reduced to no less than fourteen thousand (14,000) square feet provided:
21
22
23
1,200
More than 9; not more than 10
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
1,300
More than 10; not more than 11
VII-48
1,400
The relationship between the percentage of the lot covered by multifamily dwellings and the amount of net lot area per dwelling unit shall be in accordance with the following table:
4
More than 11; not more than 12
Outer lot.
3
Minimum Net Lot Area per Dwelling Unit (Square Feet)
Inner lot.
2
Percentage of Net Lot Area Coverage by Multifamily Dwellings
This percentage is for building coverage (and not for lot coverage) of the overall net tract area.
Lot Coverage and Green Area
All other lot development standards shall be in accordance with the regulations for the R-E Zone. (CB-47-2009)
(E) A Detailed Site Plan shall be approved in accordance with Part 3, Division 9, of this Subtitle. (CB-88-2005)
(D) Development of the lots shall be in accordance with the standards of the R-S Zone; and
(C) The lot yield is less than fifty-five (55) for one-family detached dwellings;
(B) All or part of the property is the subject of an approved Special Exception for a nursery and garden center, which will be extinguished upon the recordation of the Final Plat of Subdivision;
1
24
Same as would be applied to one-family detached dwellings, except public uses, for which no minimum lot area is required. (CB-73-1994; CB-76-1995)
20
(A) The parcel is less than eighty (80) acres in size;
For a lot shown on a record plat of subdivision approved pursuant to former Part 4A of this Subtitle prior to January 21, 1997, no minimum lot area is required. (CB-84-1990; CB-47-1996)
19
(F) Is developed in accordance with the approved cluster development site plan.
(E) Is part of a cluster development for which the final subdivision plat was approved by the Planning Board after being filed within the time prescribed in Subtitle 24 of this Code (irrespective of whether approval or recordation of the plat occurred prior to classification in the R-E Zone); and
(D) Was reclassified to the R-E Zone prior to July 10, 1981;
(C) Is a part of a cluster development for which the preliminary subdivision plat was approved by the Planning Board prior to March 1, 1981;
DIMENSIONAL STANDARDS TABLE NOTES â&#x20AC;&#x201C; RESIDENTIAL ZONES
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
For a lot shown on a preliminary plan of subdivision for cluster development approved prior to September 1, 1986, no maximum percent of lot coverage is required for any type of one-family dwelling. (CB-54-1986)
For a lot shown on a record plat of subdivision approved pursuant to former Part 4A of this Subtitle prior to January 21, 1997, no maximum percent of lot coverage is required. (CB-84-1990; CB-47-1996)
For a lot under twelve thousand (12,000) square feet that is part of a resubdivision of land on a plat that was originally recorded prior to November 29, 1949 or for lots containing 15,000 square feet or less within the corporate boundaries of a municipality with a population of over 50,000, the maximum percent of lot coverage is thirty percent (30%). (CB-11-2002; CB-24-2008)
No maximum percent of lot coverage is required if; as of February 1, 2003:
7
8
9
10
For lots created pursuant to the Varying Lot Size provisions in accordance with Section 27-442(b) Table I - Net Lot Area, Footnote 5. In the O-S Zone, lots below five (5) acres, but not less than two (2) acres in size may have a maximum percentage of net lot area lot coverage of ten percent (10%) and in the R-A Zone, lots below two (2) acres, but not less than one (1) acre in size may have a maximum percentage of net lot area lot coverage of fifteen percent (15%). (CB-5-2011)
12
If the lot is served by a public or other approved water supply system, or the land was previously subdivided in accordance with the applicable regulations of the R-R Zone on or before July 1, 1966, and resubdivided in conformance with Section 24-111(b) of Subtitle 24 of this Code, the minimum width may be reduced to not less than eighty (80) feet.
If the lot is located on a cul-de-sac, the minimum width may be reduced to sixty (60) feet.
Either:
2
3
4
Applied to the entire tract used for a group of attached dwellings and not to an individual lot associated with only one (1) dwelling. Each individual lot does not have to have frontage on a street.
Middle lot shall be at least eighteen (18) feet wide at both front building and front street lines.
Corner lot - one hundred (100) feet. Lot or parcel used for multifamily project - one hundred (100) feet.
7
8
9
VII-49
One hundred (100) feet for interior tracts; one hundred twenty (120) feet for corner tracts.
6
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
Fifty (50) feet if the lot was recorded prior to April 17, 1928.
5
(B) Fifty-five (55) feet at the front building line and thirty-five (35) feet at the front street line, if the lot is shown on a recorded plat and is in a minor portion of a block, the majority (more than half) of which and the immediate surrounding area of which has been subdivided prior to September 22, 1957, with lots having net areas of five thousand five hundred (5,500) square feet or less. (CB-114-1989)
(A) Fifty (50) feet at the front building line and twenty-five (25) feet at the front street line, if the plat was recorded prior to April 17, 1928, or the lot is part of a resubdivision recorded prior to April 17, 1928, and composed of lots having an average net area of five thousand (5,000) square feet or less; or
If the lot was recorded prior to October 30, 1970, and has a net lot area of at least twenty thousand (20,000) square feet, the minimum width may be reduced to one hundred ten (110) feet.
1
Minimum Lot Width/Frontage
If at least ninety percent (90%) of all required parking spaces are provided in a parking structure, the Lot Coverage may be increased to thirty-five percent (35%). (CB-109-2004)
11
(C) The site has frontage on a street shown on the applicable Master Plan as an arterial or higher classification. (CB-4-2003)
(B) The parcel does not abut any property that is improved with single-family detached residential dwellings; and
(A) The use is on a parcel of land which is surrounded by commercial and institutional uses;
May include inner courts of one hundred twenty-five (125) square feet or larger, with each side of the court being ten (10) feet or longer.
6
900
7 or less
For zero lot line development.
1,000
More than 7; not more than 8
5
1,100
More than 8; not more than 9
DIMENSIONAL STANDARDS TABLE NOTES â&#x20AC;&#x201C; RESIDENTIAL ZONES
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
Corner lot - one hundred twenty-five (125) feet. Lot or parcel used for multifamily project - one hundred fifty (150) feet.
Except as otherwise specified in Division 3, Table of Uses.
If a lot (or combination of lots) has a width of at least forty (40) feet and was recorded prior to April 17, 1928, it may be used for a one-family, detached dwelling, provided the lot (or combination of lots) meets the minimum net lot area of the appropriate zone. If the lot (or combination of lots) cannot meet the net lot area requirements, and additional abutting land cannot be added because it is developed, the lot (or combination of lots) may be used for a one-family dwelling if it contains a net lot area of at least five thousand (5,000) square feet.
For a flag lot, the front building line shall be established by the approved building envelope.
For a flag lot, the lot frontage at the front street line may be reduced to not less than eleven (11) feet for a lot shown on a preliminary plan approved on or before February 1, 1990; the lot frontage at the front street line may be reduced to not less than twenty-five (25) feet for a lot shown on a preliminary plan approved after February 1, 1990. (CB-72-1989)
If the property is located in an area which is the subject of an Urban Renewal Plan adopted by the County, the minimum frontage requirements shall be the same shown on the Urban Renewal Plan.
For a lot shown on a preliminary plan of subdivision for cluster development approved prior to September 1, 1986, no minimum lot width or frontage is required for any type of one-family dwelling. (CB-54-1986)
All lots must have frontage on a public street, except where development of a lot fronting on a private street, right-of-way, or easement is authorized pursuant to Subtitle 24 of this Code.
If the lot is served by an individual well or sewerage system. If the lot is served by public water and sewerage systems, the width may be reduced to one hundred twenty (120) feet, provided the lot is in system area one (1), two (2), or three (3) at the time the final plat of subdivision is approved. If the lot was created under the lot size averaging provisions of Subtitle 24, has a net area of less than forty thousand (40,000) square feet, and is to be served by public water and sewerage systems, the width may be reduced to one hundred (100) feet, provided that the lot is in system area one (1), two (2), or three (3) at the time the final plat of subdivision is approved.
If a lot (1) is served by a public or an alternate approved water supply system (other than an individual well on the lot); and (2) appears on a subdivision plat which was recorded in the land records of the County prior to October 23, 1957, the minimum widths for the front building and front street lines are fifty-five (55) feet and thirty-five (35) feet, respectively. (CB-94-1985)
For a lot shown on a record plat of subdivision approved pursuant to former Part 4A of this Subtitle prior to January 21, 1997, no minimum lot width or frontage is required. (CB-84-1990; CB-47-1996)
11
12
13
14
15
16
17
18
19
20
21
For each one (1) foot the building exceeds fifty-two (52) feet, the yards shall be increased by (1) foot.
For each two (2) feet the building exceeds thirty-six (36) feet in height, the yards shall be increased by one (1) foot.
If the lot adjoining the corner lot along its rear line does not front on the side street of the corner lot, or is in a nonresidential zone, the minimum side yard shall be twenty (20) feet in the R-A Zone, and fifteen (15) feet in the R-R Zone (except as provided in Footnotes 1 and 7), in the R-55 Zone, and (for allowed one-family detached dwellings) in the R-35, R-20, R-T, R-30, R-30C, R-18, R-18C, R-10, and R-H Zones.
For each one (1) foot the building exceeds thirty-five (35) feet in height, the minimum side yards shall be increased by one-half (1/2) foot.
If most of the lots on one side of a street between two intersecting streets have (prior to April 17, 1928) been lawfully occupied with buildings having greater front yards than required by these regulations, no building erected shall have less of a front yard than the established average. This regulation shall also apply to the side yard of a corner lot but shall not be construed so as to reduce to less than twenty-four (24) feet the buildable width of the lot.
3
4
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Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
For townhouses, and one-family semidetached, two-family, and three-family dwellings, and one-family metropolitan dwellings, specific individual yards are not required. Instead, at least eight hundred (800) square feet per lot shall be allocated for front, side, or rear yard purposes; however, the actual yard area may be reduced to not less than five hundred (500) square feet for the purpose of providing steps, terraces, and open porches (decks) which project into the otherwise required yard area. For Townhouses, Transit Village specific individual yards are not required, instead, at least four hundred (400) square feet per lot shall be allocated for front, side, or rear yard purposes; however, the actual yard may be reduced to not less than two hundred fifty (250) square feet for the purpose of providing steps, terraces, and open porches (decks) which project into the otherwise required yard area. Not more than three (3) continuous, attached dwellings may have the same setback. Variations in setbacks shall be at least two (2) feet. (CB-44-1988; CB-33-2005; CB-37-2006)
2
VII-50
If most of the lots located on one side of a street between two intersecting streets are occupied by buildings which have a front yard depth different from that required in general, no building (erected within three hundred (300) feet of any existing building) shall have a front yard depth less than that established in the block.
1
Minimum Yard Depth/Width
Corner lot - one hundred (100) feet. Lot or parcel used for multifamily project - one hundred twenty-five (125) feet.
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DIMENSIONAL STANDARDS TABLE NOTES â&#x20AC;&#x201C; RESIDENTIAL ZONES
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
Two (2) side yards required for each building or group of attached buildings (except as provided in Footnotes 2, 10, 12, 20, 21, and 23).
One (1) side yard (per dwelling) required.
For all uses except townhouses, and one-family semidetached, two-family, and three-family dwellings.
Each (outer lot) side yard shall be at least ten (10) feet wide, and any yard abutting a street shall be at least twenty-five (25) feet deep. In addition, at least one thousand three hundred (1,300) square feet per lot shall be allocated for front, side, or rear yard purposes.
For all uses except townhouses, and one-family detached, one-family semidetached, two-family, and three-family dwellings.
Only for one-family detached dwellings.
Provided the side building line is at least ninety (90) feet from the center line of the street.
Provided the side building line is at least sixty (60) feet from the center line of the street.
For all uses except one-family detached dwellings.
If the rear lot line abuts an alley (at least twenty (20) feet wide) that intersects with a street, or if a private automobile garage is attached to the rear of the main building, the rear yard may be reduced to twenty-five (25) feet. If this reduction would impair access to any other building or garage, the reduction shall not be allowed.
On a lot having a net area of at least five (5) acres, for each one (1) foot the building exceeds thirty-six (36) feet, the yards shall be increased by one (1) foot.
Twenty (20) feet for zero lot line development. When the building height exceeds thirty-five (35) feet, the minimum front yard shall be increased by one (1) foot for each additional foot of building height.
One (1) side yard at least fifteen (15) feet wide in the R-R Zone, generally, and ten (10) feet wide in an R-R Zone cluster development and in the R-80 Zone, generally, shall be provided for zero lot line development. When the building height exceeds thirty-five (35) feet, the minimum side yard shall be increased by one (1) foot for each additional foot of building height. No minimum side yard is required in an R-80 Zone cluster development or in the R-55 Zone for zero lot line development. (CB-54-1986)
If the lot is only forty (40) feet wide, two (2) yards (at least five (5) feet wide each) shall be provided. For each one (1) foot of lot width over forty-two (42) feet (up to fifty (50) feet) the total of both side yards shall be increased by one-half (1/2) foot.
For a lot shown on a preliminary plan of subdivision approved prior to September 1, 1986, there are no yard requirements for cluster developments, except that if such a lot abuts land in the R-R, R-80, or R-55 Zone which is not developed as part of a cluster development, the cluster development lot shall have at least the same yard as required for the abutting land. (CB-54-1986)
For a townhouse, no parking space or area shall be located in a minimum required yard, and access drives shall cross the yards in as direct a manner as possible. All dwellings other than townhouses and multifamily shall comply with front yard regulations in Part 2, Division 4. (CB-32-1985; CB-34-2002; CB-82-2003)
For a lot shown on a record plat of subdivision approved pursuant to former Part 4A of this Subtitle prior to January 21, 1997, there are no yard requirements. (CB-84-1990; CB-47-1996)
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
The maximum height of townhouses shall be the same as that in R-T Zone. In the R-30, R-30C, R-18, and R-18C Zones, the maximum height of one-family semidetached, two-family, and three-family dwellings shall be the same as that in the R-T Zone.
If the building has a gable, hip, or gambrel roof, the height (measured to the mean height level between eaves and roof) may be increased by eight (8) feet.
On a lot or tract having a net area of four (4) or more acres, the height may be increased to eighty (80) feet. (CB-109-2004)
3
4
5
VII-51
Not more than three (3) stories. If the building is a two-family dwelling in which the units are arranged one above the other, the height may be increased to fifty (50) feet, but not over four (4) stories.
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Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
Not more than two and one-half (2 1/2) stories. If additional side yard is provided in accordance with Table IV, Footnote 6, the height may be increased to forty (40) feet, but not over three (3) stories.
1
Maximum Building Height
If the record lot is at least fifty (50), but not more than fifty-two (52), feet wide at the front building line and was recorded on a subdivision plat prior to November 29, 1949, each yard may be reduced to seven (7) feet.
8
DIMENSIONAL STANDARDS TABLE NOTES â&#x20AC;&#x201C; RESIDENTIAL ZONES
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
The height of public and quasi-public buildings may be increased to one hundred twenty (120) feet, provided that, for each one (1) foot increase in height, every yard is increased by one (1) foot.
On any building lot with an average slope greater than one (1) vertical foot in seven (7) horizontal feet, one (1) additional story shall be permitted on the downhill side of the building (for buildings where the number of stories is regulated). The building height shall not be increased above that specified in the zone in which it is located. (See Figure 53.)
The maximum height of one-family detached dwellings shall be the same as that in the R-55 Zone.
No height limit for agricultural buildings.
Minimum height of fifty-two (52) feet for multifamily dwellings.
The height of churches or similar places of worship may be increased to eighty (80) feet, provided that, for each one (1) foot increase in height, every yard is increased by one (1) foot. (CB-14-2011)
7
8
9
10
11
12
Calculated the same as for distance between multifamily dwellings in the respective zone.
One-half (1/2) the height of the taller building or thirty (30) feet (whichever is greater).
Plus two (2) feet for each one (1) foot by which the taller building exceeds thirty-six (36) feet in height.
Plus one-half (1/2) foot for each one (1) foot by which the taller building exceeds thirty-six (36) feet in height.
Inner courts are prohibited for multifamily dwellings.
2
3
4
5
6
Densities for cluster development are based on the number of acres in the net tract area encompassed by the cluster development.
If the building is thirty-six (36) or less feet high.
If the building is more than thirty-six (36) feet high (four (4) or more stories) and has an elevator.
Plus one (1) dwelling unit for every thousand (1,000) square feet of indoor space provided for social, recreational, or educational purposes for exclusive use by the residents.
For cluster developments with lots having net areas of at least seven thousand (7,000) square feet, which were created by the resubdivision of land described on a record plat duly recorded in the County land records on or before July 1, 1967, provided there are at least ten thousand (10,000) square feet per dwelling unit in the net tract area for cluster development.
For cluster developments with lots having net areas of at least ten thousand (10,000) square feet.
For cluster developments having one-family detached dwelling lots of at least six thousand (6,000) square feet and townhouse or other one-family attached dwelling lots of at least one thousand five hundred (1,500) square feet, which were created by the resubdivision of land that was previously approved as a single subdivision described on a record plat or plats duly recorded in the County land records, provided:
2
3
4
5
6
7
8
VII-52
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
(C) The resubdivision does not result in a cluster net tract area density greater than 4.1 dwelling units per acre;
(B) The total number of lots created by the resubdivision, not including any lots created on additional land considered pursuant to paragraph (E), does not exceed the total number of lots previously approved by the Planning Board for said plat(s);
(A) The land covered by the record plat(s) includes a one hundred (100) year floodplain area which was not taken into consideration and which did not appear on the plat(s) as originally approved;
These densities are the normal requirements for the zone. They may increase in those zones having variable net lot area provisions in Table I.
1
Maximum Residential Density
Within the same multifamily project.
1
Minimum Distance Between Unattached Multifamily Dwellings and Courts
At least eighty percent (80%) of the total number of dwelling units of the multifamily project shall be within buildings having a minimum height of fifty-two (52) feet. Not more than twenty percent (20%) of the total number of dwelling units of the multifamily project may be in buildings of a lesser height. The maximum height may be increased by approval of a Special Exception. (CB-87-1986)
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DIMENSIONAL STANDARDS TABLE NOTES â&#x20AC;&#x201C; RESIDENTIAL ZONES
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
If the building is located less than sixty (60) feet from the side street line.
Where no lots (in the same block as the corner lot) front on the side street.
May be increased for certain purposes by approval of a Special Exception (Section 27-330).
If the building is located less than fifty (50) feet from the side street line.
On lots having a net area exceeding twenty thousand (20,000) square feet. (CB-45-1987)
May be increased to forty (40) feet with approval of a Special Exception, if the building is used for agricultural purposes and is erected on property (used for agriculture) containing at least five (5) acres.
Not over two (2) stories.
Accessory buildings, generally, shall be located only in the rear yard; however, on lots having no rear yard (through lots) and on corner lots where the designated front of the main building faces the side street, accessory buildings may be located in the yard opposite the designated front of the main building. In the R-H Zone, an accessory building may not encroach upon the minimum required yards. Accessory buildings associated with attached or multifamily dwellings may be located in any yard other than the one which the front of the dwelling faces, except that a guard booth may be located at the entrance to a development for which it provides security. A private parking garage accessory to a multifamily dwelling shall be subject to the setback regulations applicable to a main building in the zone in which it is located. The setback and height requirements of this table do not apply to dwellings which are accessory buildings, as addressed by Section 27-424.01. A detached garage accessory to a one-family detached dwelling may be located in a front or side yard adjoining a street, provided it was constructed prior to January 1, 1980. (CB-110-1985, CB-129-1989; CB-65-1990; CB-36-1992)
If the lots are used for one-family triple-attached dwellings, accessory buildings are limited to private automobile garages (one (1) per lot), storage sheds, pet shelters, and any agricultural accessory buildings shown on an approved Special Exception site plan. Garages on a corner lot may front on the side lot line, or may be attached to the rear of the main building. Private automobile garages may be attached or detached along side lot lines, and a pair of garages may be attached (back-to-back) to a similar pair along the rear lot lines. If the garage has access from the rear yard, the front of the garage shall be not less than twenty-five (25) feet from the nearest point of the main building. (See Figure 70.) (CB-110-1985)
In the R-20 Zone, when property abutting side and rear lot lines is also in the R-20 Zone, private parking garages may abut side and rear lot lines. In all other cases, the setback for private parking garages shall be the same as for any other accessory building. (CB-129-1989)
Includes accessory structures (for example, coops, runs, pens, hutches, and the like). (CB-110-1985)
A private parking garage accessory to a multifamily dwelling shall be subject to the maximum (but not the minimum) height regulations applicable to a main building in the zone in which it is located. (CB-129-1989)
Provided the use was in existence prior to June 30, 1987. (CB-36-1991)
These requirements do not apply to mobile homes used as accessory buildings that are in compliance with Section 27-424.04. For mobile homes used as accessory buildings that were previously used for agricultural storage purposes, the setback requirements in Table IV of this Section for mobile homes shall apply. (CB-36-1994)
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4
5
6
7
8
9
10
11
12
13
14
15
16
VII-53
Where the rear lot line abuts a lot in a Residential Zone or land proposed to be used for residential purposes in a Comprehensive Design, Mixed Use, or Planned Community Zone, that fronts on the side street.
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Requirements for setback from front street line and alley line are the same as for accessory buildings in general.
Accessory Buildings
Section 3 of CB-55-1996 reads as follows: "BE IT FURTHER ENACTED that the provisions of this Ordinance shall not apply to projects for which a Detailed Site Plan has been filed and accepted prior to November 1, 1996, provided the design guidelines and regulations not resulting in a requirement of resubdivision are applicable, and provided building permits for ten percent of the dwelling units included in the Detailed Site Plan are issued within one year of the effective date of this legislation (December 30, 1996), and extensions of time for the permits do not exceed six months, and that the dwelling units are constructed pursuant to the permits.
1
9
(E) The Planning Board may consider the subdivision of additional adjacent land concurrently with said resubdivision application in the formation of a new preliminary plan of subdivision. The density on the additional land shall not exceed three (3) dwelling units per acre of net tract area. (CB-65-1985)
(D) Not less than eighty percent (80%) of the units are constructed as one-family detached dwellings, including any land considered pursuant to paragraph (E);
DIMENSIONAL STANDARDS TABLE NOTES â&#x20AC;&#x201C; RESIDENTIAL ZONES
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
SE = Allowed as a Special Exception
P
X
(ii) Eating or drinking establishment, excluding drive-through service (CB-492005; CB-19-2010)
(iii) Eating or drinking establishment of any type, including music and patron dancing past the hours of 12:00 A.M., excluding adult entertainment (CB-49-2005; CB-19-2010; CB-56-2011)
X
Boat storage yard
VII-54
X
X
X
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Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
(i) Operating prior to January 1, 2011, as a use that conforms to the definition under Section 27-107.01, subject to the provisions of Section 27464.06(c),(d) and (f)
Private Automobile and Other Motor Vehicle Auctions:
X
X
SE
SE
X
SE
SE
P
X
SE
P
SE
P
P24
C-C
X
SE
SE
P
X
SE
P
SE
P
P24
C-G
X
SE
SE
P
X
SE
P
SE
P
P24
C-2
X
SE
X
X
P
X
P
SE
P
X
C-W
P57
P57
P
P24
P24
P
P
P
P
P
SE
P
P24
C-H
P
P
P
P
SE
P
P24
C-M
X
X
X
X
X
X
X
X
P
X
C-R-C
P
X
SE
P
P54
I-1
P55
SE10 X
SE
P
X
SE
P
SE
P
P24
C-1
Gas Station (in the C-M Zone, subject to Detailed Site Plan review in accordance with Section 27-358(a)(1),(2),(4),(5),(6), (7),(8),(9), and (10)) (CB-1-1989; CB-72-1999)
X
P
X
SE
P
SE
P
P24
C-S-C
P51
X
X
X
X
X
X
P
X
C-A
P
SE
X
P
X
SE
P
P54
I-2
X
SE
X
P41
P
P54
P
P54
I-3
X
X
X
X
X
SE
P
P54
I-4
X
SE
X
SP
X
SP
P
SP
U-L-I
PB = Allowed as related, dependent, and secondary to a
Commercial Fuel Depot (CB-68-2006)
(ii) All others (CB-76-1998; CB-114-2004)
(i) On a parcel of at least 10 acres with any structures located at least 200 feet from any land in any Residential Zone or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan X
X
Boat sales, service, and repair, including outdoor storage of boats and boat trailers
Car wash:
X
Boat fuel sales at the waterfront
(B) Vehicle, Mobile Home, Camping Trailer, and Boat Sales and Service:
(iv) Within a University Research and Development Park, other than freestanding fast-food (CB-72-2010; CB-56-2011)
X
C-O
ZONE
USE TABLE â&#x20AC;&#x201C; COMMERCIAL AND INDUSTRIAL ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
(i) Eating or drinking establishment, with drive-through service (CB-49-2005; CB-19-2010)
Eating or Drinking Establishments:
(1) Commercial:
PRINCIPAL USES
USE
P = Permitted
2. Commercial and Industrial Zones
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
ZONE
P
P
P
P
C-H
X
X
X
X
C-R-C
P
P
P
I-1
X
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Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
(i) On a parcel of at least 10 acres, with any structures located at least 200
Vehicle parts or tire store including installation facilities, provided all sales and installation operations are conducted in a wholly enclosed building with no outdoor storage:
Vehicle or camping trailer storage yard (CB-80-1996)
X
(C) Rental of any other merchandise allowed to be sold in the respective zone
26
X
X
(B) Rental of boats
(A) Rental of motor vehicles or camping trailers(in the C-M Zone subject to the requirements of Section 27-417)
Rental business:
X
X
X
X
X
VII-55
P
X
P
SE
SE
SE
P
X
P
SE
SE
SE
P
X
P
SE
SE
SE
P
X
P
SE
SE
SE
P
X
P
SE
SE
SE
X
X
PA
P
X
X
P
P
P
P
P
P
P
P
P
P
P
P
X
X
X
X
SE
X
P
P
X
Vehicle or camping trailer rental (in the C-M Zone, subject to Section 27417(a),(b)(2), and (c) X
X
Vehicle sales or rental lot, including outdoor display of the vehicles (CB-73-1997)
P
P
P
P
P
C-M
Vehicle, mobile home, or camping trailer sales lot, which may include dealer servicing and outdoor storage of vehicles awaiting sale; but shall exclude the storage or sale of wrecked or inoperable vehicles, except as accessory to the dealership for vehicles which the dealership will repair37 (CB-95-1987; CB-87-2000; CB-29-2002)
X
X
X
X
C-W
P
SE
SE19
SE
X
C-2
Vehicle rental lot, excluding boats or camping trailers, including outdoor display of the vehicles (CB-58-1993)
SE
SE19
SE
X
C-G
P
SE
SE19
SE
X
C-C
Vehicle, boat, or camping trailer sales, or boat or camping trailer rental lot, including outdoor display of the vehicles (CB-37-1988; CB-58-1993; CB-75-1998; CB-33-2002; CB-39-2004)
SE
SE19
SE19
SE
SE
X
C-1
SE
X
C-S-C
PB
X
X
X
X
C-A
P
P
X
P
P
P
PB
P
P
P
I-2
X
P
P
X
P37 X
P
P
P
X
X
X
X
I-4
X
SE24
X
X
X
X
X
I-3
P
SP44
X
SP44
SP
SP44
SE
SP
SP
X
U-L-I
PB = Allowed as related, dependent, and secondary to a
(ii) Incidental retail sales of gasoline, subject to Section 27-358(a)(1),(2), (4),(5),(6),(7),(8), and (10)
(i) Installation of parts within a wholly enclosed building
P42
X
Vehicle, mobile home, or camping trailer repair and service station (CB-50-1993)
Vehicle, boat, mobile home, or camping trailer repair and service station, and the sales of parts and tires which may include:
X
Vehicle lubrication or tune-up facility, provided all sales and installation operations are conducted in a wholly enclosed building with no outdoor storage (CB-43-1987)
C-O
USE TABLE â&#x20AC;&#x201C; COMMERCIAL AND INDUSTRIAL ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
X
SE = Allowed as a Special Exception
(ii) All Others, subject to the requirements of Section 27-464.06 (CB-592010)
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
SE = Allowed as a Special Exception
X
VII-56
P
P
X
X
X
P
P
P
P
SE
55
P
P
P
X
X
X
C-A
X
P
X
P
P
P
SE
55
P
P
P
X
P
SE
C-S-C
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
Where not otherwise specifically permitted, any use allowed in the C-S-C Zone
University Research and Development Park (CB-72-2010)
All other offices
Less than 3 stories in height and not exceeding 33% of net tract area in a development comprising a gross tract area of at least 25 acres
Within an integrated shopping center, and not exceeding 10% of the gross floor area of the center
Real estate subdivision sales office
Of a medical practitioner, other
P
P
Of a medical clinic (which may include an accessory private spa)
Of a medical practitioner, where less than 3 stories in height and not exceeding 33% of net tract area in a development comprising a gross tract area of at least 25 acres
P
Of a certified massage therapist (CB-44-2000)
Office (except as otherwise provided):
Contractor's office (see paragraph (3), Miscellaneous)
SE
P
(iii) All others
Check Cashing Business (CB-23-2009)
P 55
P
(i) Automatic teller machine, only
(ii) With drive through
Bank, savings and loan association, or other savings or lending institution:
(B) Offices
Vehicle towing station (CB-12-1991; CB-75-1998; CB-39-2004)
X
Vehicle towing station, provided it is enclosed by a sight-tight wall or fence at least 6 feet high, or an evergreen screen (CB-30-1992)
X
Vehicle parts or tire store without installation facilities
(ii) All others (CB-21-1992)
C-O
X
P
X
P
P
P
SE
55
P
P
P
X
P
SE
C-1
X
P
X
P
P
P
SE
55
P
P
P
X
P
SE
C-C
X
P
X
P
P
P
SE
55
P
P
P
X
P
SE
C-G
X
P
X
P
P
P
SE
55
P
P
P
X
P
SE
C-2
X
X
X
X
X
X
X
X
X
P
X
X
X
C-W
ZONE
X
P
X
P
P
P
SE
55
P
P
P
P
P
P
C-M
USE TABLE â&#x20AC;&#x201C; COMMERCIAL AND INDUSTRIAL ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
feet from any land in any Residential Zone (or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan)
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
X
P
X
P
P
P
SE
55
P
P
P
P
P
P
C-H
X
P
P
P
P
P
SE
55
P
P
P
X
P
X
C-R-C
X
P
X
P
P
X
SE
53
P
P
P
I-1
X
P
X
P
P
X
SE
53
P
P
P
I-2
P
P
X
P
P
X
SE
53
P
P
X
I-3
X
SE
P17
SE
SE
P17
X
P
17
P17
X
I-4
X
SP
X
X
SP
X
SE53
P
SP
SE
U-L-I
PB = Allowed as related, dependent, and secondary to a
SE = Allowed as a Special Exception
X P P
Animal hospital, animal training, kennel
Artist's studio
Barber or beauty shop (CB-148-1987)
X X X
Blueprinting, photostating, or other photocopying establishment
Carpet or rug shampooing establishment
Catering establishment (CB-56-2011)
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
X
X
(ii) All others
Blacksmith shop
X
(i) Non-motorized only
Bicycle repair shop:
X
Ambulance service, private
(D) Services:
X
X
X
X
X
X
P
X
X
X
VII-57
P
X
P
X
SE
P
P
P
SE
X
P
X
P
X
SE
P
P
P
SE
X
X
P
X
P
X
SE
P
P
P
SE
X
X
C-C
P
X
P
X
SE
P
P
P
SE
X
X
C-G
P
X
P
X
SE
P
P
P
SE
X
X
C-2
ZONE
X
X
X
X
X
X
X
X
X
X
X
C-W
P
P
P
P
P
P
P
X
SE
P
X
C-M
P
P
P
P
P
P
P
X
SE
P
X
C-H
X
X
P
X
X
X
P
P
X
X
X
C-R-C
I-1
P
P
X
P
P
34
34
P
P
P
P
X
P
P
X
X
I-2
P
P
P
P
P
P
X
X
C-1
Where not otherwise specifically permitted, any use allowed by Special Exception in the C-S-C Zone. (CB-65-2003)
X
C-S-C
P47
SE
C-A
X
X
P
X
X
X
X
X
X
SE47
P47
I-3
X
P
P
P
P
P
X
X
P
X
X
I-4
X
P
P
P
P
P
X
P
P
X
X
U-L-I
PB = Allowed as related, dependent, and secondary to a
Where not otherwise specifically permitted, any use allowed in the C-S-C Zone (excluding those permitted by Special Exception). (CB-65-2003; CB-19-2005)
Where not otherwise specifically permitted, any use allowed by Special Exception in the C-S-C Zone may be located within an existing building no more than three (3) stories in height, including a maximum of 65,000 square feet of gross leasable area, provided such building and its associated parking are located on one or more contiguous parcels of property abutting two (2) streets shown on the Master Plan as arterial or higher classification, and located at an intersection where the three (3) other corners of said intersection are zoned C-S-C, and where the parcel or parcels of property upon which the building and its associated parking are located abut land zoned C-S-C at a minimum of two (2) locations (CB-69-1999)
C-O
USE TABLE â&#x20AC;&#x201C; COMMERCIAL AND INDUSTRIAL ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
(excluding those permitted by Special Exception) may be located within an existing building no more than three (3) stories in height, including a maximum of 65,000 square feet of gross leasable area, provided such building and its associated parking are located on one or more contiguous parcels of property abutting two (2) streets shown on the Master Plan as arterial or higher classification, and located at an intersection where the three (3) other corners of said intersection are zoned C-S-C, and where the parcel or parcels of property upon which the building and its associated parking are located abut land zoned C-S-C at a minimum of two (2) locations (CB-69-1999)
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
X X
(ii) Retail, unrestricted
(iii) Wholesale (may include retail service) (CB-55-2002)
X
(iii) Wholesale (may include retail service) (CB-55-2002)
X
X
P
P
X
X
X
P
P
P
P
P
P
P
P
P
SE
P
X
P
P
X
X
P
P
P
C-S-C
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
X
(ii) Retail, unrestricted
VII-58
X
(i) Retail, gross floor area under 6,000 square feet (CB-85-2012)
Laundry store or plant:
Laundry plant
43
SE
All other (CB-4-1986) X
SE
Laundromat
X
SE
Medical
Research, development, or testing
X
X
P
P
P
X
X
X
X
P
X
X
P
P
X
C-A
P
Dental
Laboratory
X
X
(ii) All others
Key or locksmith shop (CB-128-1986)
X
(i) Furniture and small appliances only
Household appliance or furniture repair shop:
SE
Fortune telling
Funeral parlor, undertaking establishment (CB-2-1989)
P
Farm implement repair 15
P X
Employment agency
X
Electric or gas appliance, radio, or television repair shop
Electrical or electronic equipment, radio or television, computer repair shop (CB3-1989; CB-66-1996)
X
(i) Retail, gross floor area under 6,000 square feet (CB-85-2012)
Dry cleaning store or plant:
43
X
Dry cleaning plant
Dry cleaning or laundry pickup station (CB-127-1986)
C-O
X
X
P
P
P
P
P
P
P
P
P
SE
P
X
P
P
X
X
P
P
P
C-1
X
X
P
P
P
P
P
P
P
P
P
SE
P
X
P
P
X
X
P
P
P
C-C
X
X
P
P
P
P
P
P
P
P
P
SE
P
X
P
P
X
X
P
P
P
C-G
X
X
P
P
P
P
P
P
P
P
P
SE
P
X
P
P
X
X
P
P
P
C-2
X
X
X
X
X
X
X
X
PA
X
X
X
X
X
X
PA
X
X
X
X
X
C-W
ZONE
P
P
P
P
P
P
P
P
SE
P
P
P
P
P
X
P
P
P
P
SE
P
C-M
USE TABLE – COMMERCIAL AND INDUSTRIAL ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
P
SE = Allowed as a Special Exception
Data processing
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
P
P
P
P
P
P
P
P
SE
P
P
P
P
P
X
P
P
P
P
SE
P
C-H
X
X
X
X
X
X
X
X
P
X
X
X
X
X
X
X
X
X
X
X
X
C-R-C
P
P
P
P34
P
P
P
P34
P
34
34
P
P34
P
P
P
P
P34
P
P
P34
P
P
P
P
P34
P
P
P
34
34
P
I-2
I-1
X
X
X
P
P
P
X
X
P
X
P
X
X
P
I-3
P
X
SE
P17
P
17
P17
X
P
P
P
P17
P
X
X
I-4
P
X
P
P
P
P
P
P
P
P
P
P
P
P
U-L-I
PB = Allowed as related, dependent, and secondary to a
SE = Allowed as a Special Exception
X X X P
Newspaper publishing establishment
Pet grooming shop, provided all animals are confined to the interior of the building and adequate measures are taken to control noise and odor
Photographic processing plant
Photography studio or darkroom
X
(ii) All others
X X X
Septic tank service
Sewage dump station for camping trailers or boats
Shoe repair shop
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
X
Sauna or steam bath
Research and Development (CB-10-2012)
X
X
(i) Not exceeding 2,000 square feet of gross floor area
Printing shop:
(ii) Unrestricted in size with no carryout service (CB-83-1986; CB-102-2001)
(i) With carry-out service in a building with less than 2,500 sq. ft. of gross floor area X
X
Model studio
Pizza delivery service, limited to off-premises delivery with no eat-in or drive-in service:
X SE
Methadone Treatment Center (CB-103-1993)
X
X
Massage establishment
(ii) All others (CB-120-1994)
(i) Storage of up to 10 limousines (not to include buses and vans), may include routine vehicle repair or servicing within a wholly enclosed building, with no outdoor storage
Limousine service:
X
X
C-O
P
X
X
X
X
X
X
X
X
X
X
X
X
SE
X
X
P24
X
P
C-A
VII-59
P
X
X
P
SE
P
X
P
P
X
P
SE
X
SE
SE
X
P24
SE
P
C-S-C
P
X
X
P
SE
P
X
P
P
X
P
SE
X
SE
SE
X
P24
SE
P
C-1
P
X
X
P
SE
P
X
P
P
X
P
SE
X
SE
SE
X
P24
SE
P
C-C
P
X
X
P
SE
P
X
P
P
X
P
SE
X
SE
SE
X
P24
SE
P
C-G
P
X
X
P
SE
P
X
P
P
X
P
SE
X
SE
SE
X
P24
SE
P
C-2
X
P
X
X
X
X
X
X
X
X
X
X
X
SE
X
X
X
X
X
C-W
ZONE
P
P
P
P
P
P
P
X
P
P
P
P
SE
SE
P
P
P
P
P
P
P
X
P
P
P
P
SE
SE
SE
P24
P24 SE
P24
P
P
C-H
P
X
X
X
X
X
X
X
P
X
X
X
X
SE
X
X
X
X
X
C-R-C
P
X
X
P
X
X
P
34
34
P
P34
P
P34
SE
SE
P
P
I-2
P34
P
P34
SE
SE
P
P
I-1
P
X
X
P
P
X
P
SE
X
X
X
I-3
X
P17
P
17
P
P
X
P
SE
X
P
P
I-4
P
P
P
P
P
P
P
X
X
P
P
U-L-I
PB = Allowed as related, dependent, and secondary to a
P24
P
P
C-M
USE TABLE – COMMERCIAL AND INDUSTRIAL ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
(ii) All others, provided all repairs are performed within a wholly enclosed building
(i) Non-motorized, only
Lawn mower repair shop:
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
X X
Watch or jewelry repair shop
Welding shop
VII-60
X
X
X
X
X
X
P
X
X
P32
X
P
P
P
SE
P
X
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
X
X
(ii) Products allowed to be sold in a C-M Zone
Buying/sales of items within guest rooms and vehicles, pursuant to Section 27-
X
X
X
(i) Products allowed to be sold in a C-S-C Zone (CB-65-1989; CB-25-1999)
Bulk retailing:
(iii) All others
(ii) With outdoor storage on not more than 50% of the lot, provided it is enclosed by a slightly opaque wall or fence at least 8 feet high (CB-76-1992)
(i) Wholly enclosed, except for nursery stock
Building supply store:
X
Bottled gas sales
X
X
X X
X
X
Book (except adult bookstore) or camera store (CB-71-1993)
(ii) All others
(i) Nonmotorized, only
Bicycle (sales) shop:
X
X
P
X
X
P32
X
P
P
P
SE
P
X
P
X
X
P32
X
P
P
P
SE
P
X
P
X
X
P32
X
P
P
P
SE
P
X
X
X
P32
X
P
P
P
SE
P
X
P
P
X
X
X
X
X
X
X
X
X
X
PA
PA
X
P
P
P
P
P
X
P
P
P
P
P
P P20
P
P
P
X
P
X
P
X
P
P
X
P
P
P
P20
P
P
X
P
X
P
X
P
P
X
P
P
P
C-H
X
X
X
X
X
X
P
SE
P
X
X
P
X
X
P
X
X
P
X
X
P
C-R-C
X
P
P
P
P
P
I-1
X
P
P
P
P
P
P
X
P
X
X
X
X
X
X
X
X
X
C-M
X
P
ZONE C-W
Bakery products, wholesale (may include retail sales)
P
X
X
P
P
PA
P
P
P
P
C-2
Bait shop
P
X
X
P
P
PA
P
P
P
P
C-G
P
X
X
X
P
P
PA
P
P
P
P
C-C
X
X
X
P
P
PA
P
P
P
P
C-1
Arts, crafts, and hobby supply store
X
X
P
P
PA
P
P
P
P
C-S-C
X
X
X
PA
X
X
X
X
X
X
C-A
X
P
P
P
P
P
P
X
X
X
X
X
X
X
X
X X
X P32
X
P
X
X
P
I-3
P32
P
P
P
X
P
I-2
X
SE
SE
SE
P
P
P
X
X
X
P
P
P
X
P
I-4
X
SP
SP
SP
SE
P
P
X
X
X
P
P
P
X
P
U-L-I
PB = Allowed as related, dependent, and secondary to a
Adult video store
Adult book store (CB-65-1989; CB-53-1996)
X
X
Veterinarian's office, outpatient (CB-96-1988)
(E) Trade (Generally Retail):
P X
Upholstery shop (CB-65-1989)
X
Taxidermy (CB-30-1986)
Travel bureau
X
Tattoo Parlor (CB-10-2012)
C-O
USE TABLE – COMMERCIAL AND INDUSTRIAL ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
X
SE = Allowed as a Special Exception
Tailor or dressmaking shop (may include incidental dyeing and pressing allowed as a "PB" use)
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
X
X
(ii) Wholesale (may include accessory retail sales)
X
X X X
(iii) Not exceeding 85,000 square feet of gross floor area without regard to percentage of gross floor area for food and beverage component (CB-13-2012; CB64-2012)
(iv) Exceeding 85,000 square feet of gross floor area and less than 10% of that gross floor area for food and beverage component (CB-64-2012)
(v) All others,40 in accordance with Section 27-348.02 (CB-71-1993; CB-281997, CB-4-1999; CB-2-2002; CB-13-2012; CB-64-2012)
Drug paraphernalia display or sales, pursuant to Section 27-115(a)(1)
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
X
VII-61
P
P
P
X
X
P
X
X
P
X
X
X
X
X
P
P
P
X
P
X
X
SE
P
P
P20, 31
P20, 31
P
X
P
P
P
X
P
X
X
SE
P
P
P20, 31
P20, 31
P
X
P P20
P P20
C-H
P
X
X
P
X
P
X
P
P
P
P
P
X
P
P
P
C-R-C
SE
SE10
P
P
P
P
SE
SE
X
X
X
X
X
X
X
X
P
I-2
SE10
SE10
X
X
X
X
X
X
P10
SE
P
I-1
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
C-M
Florist shop
X
X
P
P
ZONE C-W
P X
X
P
P
P
X
SE
P52
P52
P52
P
X
P
P
P
C-2
X
P
P
P
X
SE
P52
P52
P52
P
X
P
P
P
C-G
X
P
P
P
X
SE
P52
P52
P52
P
X
P
P
P
C-C
Feed sales
P
P
P
X
SE
P52
P52
P52
P
X
P
P
P
C-1
Farm implement sales
X
X
P
X
SE
P52
P52
P52
P
X
P
P
P
C-S-C
P
X
P
P
X
X
X
X
X
X
X
X
X
X
C-A
X
X
X
X
X
X
X
SE27
SE27
SE27
SE27
SE27
P27
X
X
I-3
P
P
SE
X
X
X
X
X
X
X
X
X
X
X
X
I-4
X
X
P
SE
SE
SE
X
X
X
X
X
X
X
SE
P
U-L-I
PB = Allowed as related, dependent, and secondary to a
Electrical supply store (CB-3-1989)
(ii) All others
(ii) Within an office building or complex, and not exceeding 25% of the gross floor area, or 2,000 square feet, whichever is less (CB-65-1989)
(i) Not exceeding 3,000 square feet of gross floor area
X
X
(ii) Exceeding 125,000 square feet of gross floor area within the developed tier or a designated Revitalization Tax Credit Area (as long as the department or variety store does not contain any food or beverage component) (CB-19-2005; CB13-2012)
Drug store:
X
(i) Not exceeding 125,000 square feet of gross floor area so long as the department or variety store does not contain any food or beverage component (CB-64-2012)
(i) Not exceeding 13,000 square feet
Department or variety store, excluding pawnshops
X
(i) Retail (CB-65-1989)
Confectioner (not exceeding 40,000 square feet of gross floor area):
X
C-O
USE TABLE – COMMERCIAL AND INDUSTRIAL ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
Clothing, dry goods, millinery, or shoe store (CB-58-1985; CB-71-1993)
SE = Allowed as a Special Exception
Carpet or floor covering store
115(a)(2)
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
SE = Allowed as a Special Exception
X X
(iii) All others (CB-37-1992)
X
Hardware store (CB-65-1989)
X
Nursery and garden center, which may include the outdoor display of nursery
P
P
X
X
X
X
X
X
X
P
X
X
X
P
P
X
X
X
C-A
P
P
X
P
X
X
P
P
P
P
P
X
SE
P
P
X
SE
P
C-S-C
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
X
Newspaper, magazine, or tobacco shop
VII-62
X
Monument and headstone sales establishment (CB-22-2004)
X
X
X
(CB-32-1986; CB-77-
Lawn mower (sales) store
(ii) All others
(i) Not exceeding 8 ton capacity
Ice vending machine:
(ii) Exceeding 50,000 square feet of gross floor area 1998)
(i) Not exceeding 50,000 square feet of gross floor area
X
X
Gift, jewelry, music, souvenir, or other specialty store not specifically listed (CB71-1993)
Household appliance or furniture store:
X
Garden supplies store, floricultural or horticultural nursery, which may include the outdoor display of nursery stock, such as plants, shrubbery, and trees (CB-651989)
Within an existing retail center with net leasable building space of less than 26,000 square feet
X
X
(iv) In combination with a gas station, subject to Detailed Site Plan review in accordance with Part 3, Division 9
(vi) All others (CB-112-1986; CB-65-1989; CB-2-2002; CB-99-2012)
X
X
(ii) Not exceeding 125,000 square feet of gross floor area
(iii) In combination with a department or variety store on the same or adjacent site, in accordance with Section 27-348.02
X
(i) Not exceeding 3,000 square feet of gross floor area
Food or beverage store:
X
(ii) Containing 1,501 to 3,000 square feet of gross floor area
C-O
P
P
X
P
X
X
P
P
P
P
P
X
SE
P
P
X
SE
P
C-1
P
P
X
P
X
X
P
P
P
P
P
X
SE
P
P
X
SE
P
C-C
P
P
X
P
X
X
P
P
P
P
P
X
SE
P
P
X
SE
P
C-G
P
P
X
P
X
X
P
P
P
P
P
X
SE
P
P
X
SE
P
C-2
X
PA
X
X
P
X
X
X
X
X
X
X
X
X
PB
X
X
X
C-W
ZONE
P
X
P
X
P
49
P
P 49
P
P
P
P
X
P
SE
P
SE
SE
SE
SE
P
P
C-H
X
P
X
X
X
P
P
P
P
X
P
X
X
P
P
X
X
X
C-R-C
P
P
P
P
P
P
P
P43
SE10
I-1
P
P
P
P
P
P
P
X
SE
I-2
X
X
X
X
X
X
X
P42
X
I-3
SE
X
P
P
X
X
X
X
X
I-4
SP
SP
P
P
P
P
P
X
SE
U-L-I
PB = Allowed as related, dependent, and secondary to a
P
P
P
P
P
X
P
SE
P
SE
SE
SE
SE
P
P
C-M
USE TABLE – COMMERCIAL AND INDUSTRIAL ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
(i) Not exceeding 1,500 square feet of gross floor area
Food or beverage goods preparation for wholesale sales:
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
SE = Allowed as a Special Exception
X X
(ii) C-M Zone
(iii) C-R-C Zone (CB-65-1989; CB-58-1990)
X X
(ii) Containing less than 7,000 square feet of gross retail space
(iii) Unrestricted in size
X
Stationery or office supply store, which may include the sale of furniture or business machines
X X P
(CB-71-1993)
Toy store
Video game or tape store
Wayside stand as a permanent use (CB-122-1986)
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
Commercial uses not listed
X
(ii) Including outdoor display, provided it is enclosed by a 6-foot high fence (subject to Section 27-388)
(i) Excluding outdoor display
X
X
Sporting goods shop, which may include marine equipment and supplies
Swimming pool or spa sales and service:
X
Septic tank sales (CB-65-1989)
(CB-49-1987)
X
(i) Containing less than 3,000 square feet of gross retail space
Seafood market:
X
(i) C-S-C Zone
Retail shop or store (not listed) similar to one permitted (P) in the:
P
X
X
X
X
X
X
X
X
X
X
X
X
X
VII-63
P
P
P
X
P
P
P
X
P
P
P
X
X
P
P
P
P
X
P
P
P
X
P
P
P
X
X
P
P
P
P
X
P
P
P
X
P
P
P
X
X
P
P
SE
X
P
C-C
P
P
P
X
P
P
P
X
P
P
P
X
X
P
P
SE
X
P
C-G
P
P
P
X
P
P
P
X
P
P
P
X
X
P
P
SE
X
P
C-2
ZONE
X
X
X
X
X
X
P
X
X
X
PB
X
X
X
X
X
X
X
C-W
P
P
P
P20
P20 P
P
X
P
P
P
SE
P
P
X
P
X
X
SE
X
P
C-H
P
X
P
P
P
SE
P
P
X
P
X
X
SE
X
P
C-M
X
P
P
X
X
P
P
X
X
X
X
P
X
X
P
X
X
P
C-R-C
P
X
X
P
I-1
X
P
P
P
P
P
SE
SE
SE
P
P
SE
X
P
C-1
Plumbing supply store (CB-3-1989)
P
SE
X
P
C-S-C
P
X
X
X
X
C-A
X
P
P
P
P
P
SE
SE
SE
P
P
P
X
X
P
I-2
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
I-3
X
P
P
P
P
P
X
X
X
SE
X
X
X
X
SE
I-4
X
X
P
P
P
X
SE
SE
SE
P
P
P
X
X
P
U-L-I
PB = Allowed as related, dependent, and secondary to a
Pet feed and supply store, all others (CB-2-1991)
X
X
(ii) In accordance with Section 27-394.01 (CB-28-1997; CB-22-2010)
Pet (sales) shop, provided all animals are confined to the interior of the building and adequate measures are taken to control noise and odor; may include the sale of pet feed and supplies (CB-2-1991)
X
X
C-O
USE TABLE – COMMERCIAL AND INDUSTRIAL ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
(i) In accordance with Section 27-250.01
Pawnshop:
Paint or wall covering store
stock, such as plants, shrubbery, and trees
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
SE = Allowed as a Special Exception ZONE C-W
C-M
C-H
C-R-C
I-1
(ii) All other inks
X X
Plastics and synthetic fibers (CB-75-1998; CB-39-2004)
Soaps, cleaners, polishes, sanitation preparations, bleaches, and detergents
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
P34
Communications equipment, computers, telephones, electronic equipment, radios, sound systems, or televisions (which may include parts for these items) (CB-66-1996)
VII-64
P
Armament control and sighting systems
(B) Fabrication of Wood, Metal, Paper, Plastic, and Glass Products from Materials Produced Elsewhere:
X
Pesticides and insecticides
P34
P
SE
P
X
P
P
P X
P
X
P
X
Paints, varnishes, lacquers, enamels, and shellacs (CB-75-1998; CB-39-2004)
(ii) Breaking bulk
(i) Blending and mixing (CB-75-1998; CB-39-2004)
Organic and inorganic chemicals (except as specified):
P
P
X
Gum and wood chemicals, which may include distilling
SE
P
P
P
X
Fertilizers
(i) Paste inks (CB-75-1998; CB-39-2004)
X
Dyestuffs
Ink:
P
34
34
Drugs, compounding (CB-66-1996)
P
SE
Distillery for the production of fuel alcohol, which may include bulk storage (CB-75-1998; CB-39-2004)
P
34
X P
34
X
X
SE
I-2
Cosmetics, medicinal, pharmaceutical, and toilet article products, fabrication (CB-66-1996)
X
C-2
Celluloid or pyroxylin
C-G
X
C-C
Carbon black
C-1
X
C-S-C
Acids and caustics
C-A
P
X
X
X
X
X
X
X
X
X
X
X
X
P
X
P
X
X
X
X
I-3
P
P
SE
P
X
P
P
P
P
P
P
SE
P
P
X
P
X
X
X
X
I-4
P
P
X
X
X
X
SP
X
X
P
X
X
X
P
X
P
X
X
X
X
U-L-I
PB = Allowed as related, dependent, and secondary to a
X
C-O
USE TABLE â&#x20AC;&#x201C; COMMERCIAL AND INDUSTRIAL ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
Abrasive and asbestos products
(A) Chemical and Allied Manufacturing:
(2) INDUSTRIAL:
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
X
C-1
X
C-C
X
C-G
X
C-2
ZONE
X
C-W
P
C-M
P
C-H
X
C-R-C
I-1
P
Furniture, cabinets, fixtures, or interior decorating components
P P
Structural components of buildings (except as otherwise specified)
Vending machines
X X X
Mobile or manufactured homes (CB-75-1998; CB-39-2004)
Modular buildings (CB-75-1998; CB-39-2004)
Sawmills or planing mills (CB-75-1998; CB-39-2004)
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
X
Logging camps or contractors (CB-75-1998; CB-39-2004)
(C) Manufacturing and Processing of Lumber, Wood, and Related Products:
P
P
(ii) Other materials
Spas and swimming pools
P
(i) Plastic
P
P
P
P
P
P
P
P
P
P34
P34
Office supplies and equipment (CB-66-1996)
Plumbing, air conditioning, carpentry, electrical heating, and lighting supplies and equipment (except where otherwise specified):
P
P X
P
P
P
P
P
P
P
P
P
I-2
Motorized and nonmotorized vehicles, aircraft, construction, farm, or railroad equipment, ships or boats (which may include the parts for these items)
(ii) All others
(i) Small electrical household appliances, including televisions but excluding refrigerators and similar large appliances
P
Heavy armament (CB-75-1998; CB-39-2004)
Household appliances:
P SE
Hardware (except as otherwise specified)
VII-65
X
Engines, generators, turbines, or miscellaneous machinery (CB-75-1998; CB-392004)
Hardware fabrication and manufacturing of products from material produced elsewhere26 (CB-39-1996)
P
Electrical lighting fixtures
SE
X
C-S-C
SE
X
C-A
X
X
X
X
X
X
X
X
P
P
X
X
P
X
X
P
X
P
X
P
I-3
P
P
P
X
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
I-4
X
X
X
X
P
P
P
P
P
P
X
P
P
X
P
P
X
P
SE
SE
U-L-I
PB = Allowed as related, dependent, and secondary to a
(ii) Glass, metal, or wood or other materials
X
C-O
USE TABLE â&#x20AC;&#x201C; COMMERCIAL AND INDUSTRIAL ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
(CB-75-1998; CB-39-2004)
SE = Allowed as a Special Exception
(i) Paper or plastic
Containers:
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
X
P34
P
P
I-2
X
Smelting
X
P
Cigarettes, cigars, or other tobacco products (chewing or smoking) manufacturing (CB-75-1998; CB-39-2004)
Consolidated Storage, in accordance with Section 27-475.04 (CB-32-1988; CB-751998; CB-45-1999; CB-39-2004) (CB-147-1986; CB-65-1989; CB-45-1999; CB-292000)
VII-66
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
Contractor's office (general) as a permanent use, including the businesses of siding, flooring, roofing, plumbing, air conditioning, heating, painting, carpentry, electrical work, landscaping and the like, with buildings, and uses accessory to the business (as well as the office) use:
P
Brushes, brooms, combs, or lamp shades manufacturing
(F) Miscellaneous Industrial, Manufacturing, and Related Uses:
X
Rolling mill
X
(iii) Ornamental metals (CB-75-1998; CB-39-2004)
SE
X
(ii) Nonornamental ferrous
Recycling of nonferrous metals (CB-75-1998; CB-39-2004)
X
(i) Nonferrous metals (CB-75-1998; CB-39-2004)
Foundry:
Blast furnace
X
P34
Watches, clocks, measuring, or time-keeping devices (CB-66-1996)
(E) Metal Production:
P
Timing, light, mixing, safety, temperature, or weight control devices (CB-66-1996)
P
P
P
X
X
P
P
SE
P
X
P34
P
34
X36
I-1
34
X36
C-R-C
P34
X
C-H
P34
P34
C-M
Photographic equipment and supplies (CB-66-1996)
P34
ZONE C-W
P34
P34
C-2
P34
P34
C-G
Optical, dental, medical, ophthalmic, orthopedic, and prosthetic devices and supplies (CB-66-1996)
P34
C-C
P34
X
C-1
Engineering, computer, drafting, laboratory, office, research, and scientific instruments, devices, equipment and supplies (CB-66-1996)
(D) Manufacturing of Scientific, Specialized, and Technical Instruments and Equipment:
X
C-S-C
X
C-A
X
X
X
X
X
X
X
X
X
X
P
P
P
P
P
X
X
I-3
P
P
P
X
X
P
P
SE
P
X
P
P
P
P
P
P
P
I-4
SP
X
P
X
X
SE
X
X
X
X
P
P
P
P
P
X
X
U-L-I
PB = Allowed as related, dependent, and secondary to a
Wood preserving (CB-75-1998; CB-39-2004)
C-O
USE TABLE â&#x20AC;&#x201C; COMMERCIAL AND INDUSTRIAL ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
X
SE = Allowed as a Special Exception
Veneer and plywood (CB-75-1998; CB-39-2004)
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
SE = Allowed as a Special Exception
P X P P P P P
Machine shop
Matches manufacturing
Motion picture or broadcasting equipment manufacturing and production
Musical instruments, athletic goods, notions, novelties, sporting goods manufacturing
Pens, artist or drafting supplies, clerical equipment, business machines, or pencils manufacturing
Plastic products manufacturing, except as otherwise specified
Precious metalware manufacturing and plating
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
SE
P
P
P
P
P
X
P
SE
X
X
X
SE
58
P
P
P
P
P
P
P
Junk yard
SE
58
P
P
P
P
P
P
P
I-2
P34
X
X
X
I-1
P34
P
P
P
C-R-C
Jewelry manufacturing (CB-66-1996)
P
P
P
C-H
P
X
X
X
C-M
P
X
X
ZONE C-W
X
X
X
P
C-2
Heavy motorized equipment, motor vehicle, truck, boat, camping trailer, or trailer storage yard (CB-90-1992; CB-75-1998; CB-39-2004)
X
X
P
C-G
Glue or size manufacturing
X
X
P
C-C
X
VII-67
X
X
P
C-1
Gelatin manufacturing
X
SE25
P
C-S-C
X
X
X
P
C-A
P
P
P
P
X
X
X
X
P
X
X
X
X
X
X
X
PB
PB
X
X
P
I-3
P
P
P
P
P
X
P
X
P
P
X
X
X
X
P
P
PB
P
P
P
P
I-4
P
P
P
P
P
X
P
X
P
SE
X
X
X
X
SP
SE
P
P
SP
SP
P
U-L-I
PB = Allowed as related, dependent, and secondary to a
Explosives, fireworks, or gunpowder manufacturing
Electronic Recycling Facility (CB-91-2012)
(ii) All others (CB-89-1985; CB-1-1994)
(i) Those involving the operation or storage of heavy equipment over 17,000 pounds gross vehicle weight
Contractors' plant or storage yard:
(E) Including the retail sale of parts and supplies as an accessory use (CB-891985; CB-75-1998)
(D) Including the fabrication (only within a wholly enclosed building) of plumbing, air conditioning, heating, carpentry and lighting (and the like) parts for installation off the site (CB-110-1994; CB-46-1995)
(C) With outdoor storage, all others
(B) With outdoor storage of materials, located only in a side or rear yard; enclosed by a slightly, opaque wall or fence at least 6 feet high; with no storing of material higher than the fence; but excluding the use or outdoor storage of earthmoving or other heavy equipment, or outdoor storage of machinery
P
C-O
USE TABLE â&#x20AC;&#x201C; COMMERCIAL AND INDUSTRIAL ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
(A) With no outdoor storage of materials or equipment
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
SE = Allowed as a Special Exception
X
X
X
X
P
P
X
P
22
P
P SE X X X
Distribution for home consumption (CB-75-1998; CB-39-2004)
Gasoline or gasohol bulk storage (other than gas station or vehicle repair and service station) (CB-75-1998)
Gasohol fabrication (CB-75-1998; CB-39-2004)
Liquid gas storage
Refinery
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
P
Breaking bulk for home consumption or portable appliances (CB-75-1998; CB-392004)
VII-68
X
Asphalt mixing plant (CB-111-2004)
(G) Petroleum, Gas, and Related Products:
Waste material separation and processing facility, in accordance with Section 27475.05 (CB-77-1990; CB-75-1998; CB-39-2004)
X
NA
(ii) All others
(CB-90-1992)
(i) Subject to Section 27-471(g)
Warehousing:
SE
X
X
X
I-1
Vehicle salvage yard
X
39
SE
P
C-R-C
X
X
39
SE
P
C-H
Uses which are noxious or offensive by reason of odor, dust, fumes, smoke, gas, vibration, radiation, glare, or noise, or which constitute a public hazard by fire, explosion, or other means (in the discretion of the District Council)
Trash removal services (CB-82-1991; CB-75-1998; CB-39-2004) (CB-17-2002)
X
X
X
C-M
X
X
ZONE C-W
P
X
X
C-2
Transfer station (CB-71-1994; CB-76-2012)
X
X
C-G
Tobacco packing, processing, and treatment
X
X
C-C
P
X
X
C-1
Storage yard, except as otherwise specified (CB-75-1998; CB-39-2004)
X
X
X
C-S-C
SE
X
X
C-A
X
SE
P
P
P
P
SE50
P
P
NA
SE
X
X
X
X
X
X
X
X
X
X
P
X
X
X
X P
X
P
X
X
I-3
SE57
P
P
I-2
X
SE
X
P
P
P
X
X
P
NA
X
X
X
X
P
P
P
I-4
X
X
X
SE
SE
SE
X
X
P
NA
X
X
X
X
P
SP
SE
U-L-I
PB = Allowed as related, dependent, and secondary to a
Recycling plant, except as otherwise specified (CB-75-1998; CB-39-2004)
(B) All others
(A) On a lot contiguous to a railroad siding and not abutting land in any Residential Zone (or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan), subject to Section 27-391(a)(2) and (3)
C-O
USE TABLE â&#x20AC;&#x201C; COMMERCIAL AND INDUSTRIAL ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
Recycling collection center, paper only (limited to collection, storage, and shipping):
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
SE = Allowed as a Special Exception ZONE
P P P P SE X P
Drying and dehydrating of food products
Freezing of food products
Oil and fat manufacturing (edible)
Packaging, packing, and canning of food products
Pickling
Reduction plant
Sauce, seasoning, and dressing manufacturing
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
X
P
Confectionery products manufacturing
Sugar refinery
P
Coffee roasting
X
P
Cereals, grains, or spice processing
SE
X
Brewery, distillery, winery
Smoking and curing
P
(ii) Nonalcoholic
Slaughterhouse
X
(i) Alcoholic
Beverage bottling (all containers):
Bakery products manufacturing
P
X
Pulp making
(I) Processing of Food and Kindred Products for Human Consumption:
P
X
P
X
P
X
P
P
P
P
P
P
P
P
P
P
P
P
X
P
P
P
Publishing
P
P
I-2
P34
X
I-1
P34
C-R-C
Printing and engraving (which may include all processes) (CB-66-1996)
C-H
P
C-M
P
C-W
Paper recycling collection center (only for collection, storage, and shipping) (CB75-1998; CB-39-2004)
C-2
SE
C-G
Paper or paper board products (except containers) manufacturing
C-C
P
C-1
Bookbinding
VII-69
C-S-C
P
C-A
X
X
X
X
X
X
X
X
X
X
X
X
X
X
P
P
X
X
P
P
X
P
P
P
X
I-3
X
P
X
P
X
P
P
P
P
P
P
P
P
P
P
P
P
X
P
P
P
P
P
P
P
I-4
X
SE
X
P
X
SE
P
P
P
P
P
P
P
X
P
X
P
X
P
P
P
SE
P
P
X
U-L-I
PB = Allowed as related, dependent, and secondary to a
Bookbinder manufacturing
(H) Printing, Publishing, Paper, and Related Industries:
C-O
USE TABLE â&#x20AC;&#x201C; COMMERCIAL AND INDUSTRIAL ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
Tank farm, except as otherwise specified (CB-75-1998; CB-39-2004)
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
SE = Allowed as a Special Exception ZONE
P
X P P P
X
Concrete batching or cement mixing plant (CB-111-2004)
Cutting of nonstructural stone (CB-75-1998; CB-39-2004)
Glass blowing and molding
Manufacturing of ornamental products made of clay, concrete, glass plaster, porcelain, or stone (excluding the use of a rock crusher) (CB-75-1998; CB-39-2004; CB-78-2004)
Manufacturing or cutting of structural products made of clay, concrete, glass, stone, or similar materials (CB-75-1998; CB-39-2004)
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
P
Weaving
VII-70
X
Synthetics manufacturing
P
Knitting
P
P
Finishing of textile goods
SE
X
Fiber or thread manufacturing
Recycling of textiles (CB-75-1998; CB-39-2004)
P
Felt manufacturing
Lace (and similar products) manufacturing
P
Fabrication of finished goods
(L) Textile Products:
X
Cement manufacturing
(K) Stone, Clay, Glass, and Cement Products:
Tire recapping (CB-75-1998; CB-39-2004)
P
I-1
X
C-R-C
Tire or tube manufacturing (CB-75-1998; CB-39-2004)
C-H
X
C-M
P
C-W
Synthetic rubber (and similar products) manufacturing
C-2
Rubberizing of wearing apparel or household items
C-G
X
C-C
Rubber manufacturing
C-1
SE
C-S-C
Recycling of rubber products
C-A
P
P
P
P
P
P
P
P
P
P
P
P
P
SE
50
SE
P
P
X
P
X
P
P
P
I-2
P
X
P
P
P
P
X
P
P
X
X
X
X
X
X
X
X
X
X
X
X
X
X
I-3
P
P
P
P
P
P
P
P
P
P
P
P
P
X
SE
P
P
X
P
X
P
P
P
I-4
P
X
SE
P
P
P
X
P
P
SE
P
P
P
X
X
SE
X
X
P
X
SE
P
P
U-L-I
PB = Allowed as related, dependent, and secondary to a
P
C-O
USE TABLE – COMMERCIAL AND INDUSTRIAL ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
Fabrication of rubber products (CB-75-1998; CB-39-2004)
(J) Rubber and Synthetic Rubber Products:
Syrup and flavor extract manufacturing
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
ZONE
P X P P
Garden supplies or nursery stock
Livestock (CB-75-1998; CB-39-2004)
Ornamental products made of china, clay, concrete, glass, or stone
Petroleum products for home distribution
X
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
Assisted living facility, subject to the requirements of Section 27-464.04 (CB-721996)
Adult rehabilitation center (CB-108-1987; CB-75-1998; CB-39-2004)
Adult day care center
(3) Institutional/Educational:
X
VII-71
X
X
X
X
X
X
P
P
X
X
P12,34
SE
Wholesaling or distribution use not listed (CB-90-1992)
P
P12,34
P
P
P
P P
NA
Wholesaling or distribution of materials (products) used or produced on the premises (CB-90-1992)
(ii) All others (CB-90-1992)
(i) Subject to Section 27-471(g)
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
I-2
NA
P
Tobacco and related products
Wholesaling or distribution of materials (products) not used or produced on the premise:
P
X
(ii) Outdoor storage (CB-75-1998; CB-39-2004)
Textile products
P
(i) Indoor storage, only
Structural products made of clay, concrete, or stone, with:
P
Food or kindred products
I-1
P
SE
C-R-C
P
P
C-H
Electronic, glass, metal, paper, rubber, or wood products
P
C-M
Chemical and related products (except as otherwise specified)
X
C-W
P
SE
C-2
Bulk raw materials
SE
C-G
P
SE
C-C
Bakery products, wholesale
SE
C-1
P
SE
C-S-C
P
SE
C-A
X
P
X
P
X
P
P
P
X
P
P
P
X
P
P
P
P
P
P
P
P
I-3
X
X
P
P
P
NA
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
I-4
X
SP
SE
P
P
NA
P
P
SE
P
SE
P
X
P
P
P
P
P
P
P
P
U-L-I
PB = Allowed as related, dependent, and secondary to a
Automotive or motorized equipment (parts and accessories only)
SE
C-O
USE TABLE â&#x20AC;&#x201C; COMMERCIAL AND INDUSTRIAL ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
Apparel, garments, or related products
9
SE = Allowed as a Special Exception
(M) Wholesale Trade:
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
P
P
P
P
P
C-C
P
P
P
P
C-G
P
P
P
P
C-2
ZONE
P
P
P
P
C-W
P
P
P
P
C-M
P
P
P
P
C-H
P
P
X
C-R-C
P
P
X
I-1
SE
X
X
X
X
X
X
X
X
X
X
SE
SE
P
SE
P
P
P
SE
SE
X
P
SE
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
(ii) Where the trade is permitted by Special Exception (SE) in the respective
VII-72
zone
(i) Where the trade is permitted (P) in the respective zone
Trade school P
SE
(ii) Where the business is permitted by Special Exception (SE) in the respective zone
(iii) All others
P
P
(i) Where the business is permitted (P) in the respective zone
Business school:
School for technical instruction and practice
School for artistic instruction (including a studio)
Driving school, all others
Driving school, automobile only
P
SE
Nursing or care home (may include a private spa)
School, Private:
SE
X
X
Hospital (may include a private spa)
(B) All others (CB-8-1998)
(A) A building containing no more than 7,000 square feet of gross floor area on a lot or parcel with not more than 1.5 acres for use by an organization providing benevolent services; any change in occupant or use shall require Detailed Site Plan approval by the District Council
Eleemosynary or philanthropic institution:
SE
SE
P
SE
P
P
P
SE
SE
X
P
SE
SE
P
SE
P
P
P
SE
SE
X
P
SE
SE
P
SE
P
P
P
SE
SE
X
P
SE
SE
P
SE
P
P
P
SE
SE
X
P
SE
SE
PA
SE
PA
X
X
P
X
X
X
SE
SE
P
SE
P
P
P
P
P
X
X
SE
SE
P
SE
P
P
P
P
P
X
X
SE
X
P
X
P
X
X
P
X
X
X
SE
P34
P34
P34
P34
P34 P34
P34
P34
P34
P34
P34
P34
P
34
P
P 34
P
SE
P34
P
P
P
P
P
P
P
X
X
SE
P
X
P
P35 P
X
I-3 X
I-2
P
P
SE
P
P
P
P
C-1
(B) All others (CB-23-1988)
P
P
P
P
C-S-C
P34
(A) In accordance with Section 27-464.0212
P
P
P
C-A
P
P
X
X
X
X
X
X
X
SE
X
X
X
X
I-4
P
P
P
P
P
P
P
SP
SP
SE
P
SP
X
X
U-L-I
PB = Allowed as related, dependent, and secondary to a
(A) In accordance with Section 27-475.0214
P
SE
Community building, except as otherwise provided
Day care center for children:
P
Church or similar place of worship, convent, or monastery, all others (CB-23-1988)
C-O
USE TABLE â&#x20AC;&#x201C; COMMERCIAL AND INDUSTRIAL ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
P
SE = Allowed as a Special Exception
Church or similar place of worship, convent, or monastery in the Route 202 Corridor Study Area, unless constructed pursuant to a Conceptual Site Plan approved by the Planning Board prior to June 1, 1997 (CB-72-1997)
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
(iii) All others
SE = Allowed as a Special Exception
P
C-1
P
C-C
P
C-G
P
C-2
ZONE
X
C-W
P
C-M
P
C-H
P
C-R-C
X P X X
Auction house
Buildings and uses, serving public health purposes, on land owned by Prince George's County, Maryland, upon which hospitals or health centers are located, except if otherwise allowed as a Permitted (P) use13 (CB-55-1988)
Carpentry, cabinet making, or other woodworking shop
Cemetery or crematory (CB-11-1991)
SE X
Wholesaling, distribution, and related storage of materials (products) not used or
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
X
Stationery or office supply corporate headquarters including office, showroom, and distribution (no retail sales) also including office furniture as an accessory use, within an office building complex of at least twenty acres (CB-116-1986)
X
Sign shop
Sign making shop
Outdoor advertising (billboard)
Mobile home, with use for which amusement taxes collected
2
P
X
X
X
X
P
P
P48
P48
VII-73
X
P
54
X
X
P
54
X
P
P48
X
P
54
X
P
X
X
X
P
SE
SE
SE
SE
P
P
P48
X
P
54
X
P
X
X
X
P
SE
SE
SE
SE
P
P
28
P48
X
P
54
X
P
X
X
X
P
SE
SE
SE
SE
P
P
28
X
X
PA
X
X
X
X
X
P
X
SE
SE
SE
P
SE
P14
X
P
X
P
X
SE
P
P
P
SE
SE
SE
P
P
28
P14
X
P
X
P
X
SE
P
P
P
SE
SE
SE
P
P
28
X
X
X
X
X
X
X
X
P
SE
X
SE
SE
P
SE
P
SE
P34
P
SE
SE
P34
P
36
P
X
P
X
X
X
X
P
SE
SE
SE
SE
P
P
28
Metro Planned Community, in accordance with Section 27-475.06.03 (CB-35-1998)
X
X
X
P
SE
SE
SE
SE
P
P
28
P
X
X
X
P
X
SE
SE
SE
P
SE
28
MARC Planned Community, in accordance with Section 27-475.06.05 (CB-21-2006)
Commercial recreational development (CB-35-2000; CB-60-2009)
X
SE
Adaptive use of a Historic Site, when not otherwise allowed (CB-58-1987)
Collection of recyclable materials
SE
Adaptive reuse of a surplus public school, when not otherwise allowed
(4) Miscellaneous:
All other private schools (CB-40-1988; CB-50-1988; CB-113-1994; CB-93-1996; CB-94-2000) SE
P
Private schools subject to Section 27-463
Private schools subject to Section 27-475.06.0128
P
Private college or university
28
P
X
P
P
P
P
SE
P34
P
SE
SE
P34
SE
X
P34
P
34
34
P
I-2
I-1
X
P
C-S-C
Institution of higher learning (may include a private spa)
X
C-A
X
X
P
X
P
X
X
P
X
SE
SE
P
P
36
P
P
P
I-3
P
X
P
X
X
P
X
P
X
SE
SE
P
SE
X
P
P
I-4
P
X
X
X
X
SE
X
P
SP
SE
SE
P
SE
X
P
P
U-L-I
PB = Allowed as related, dependent, and secondary to a
P34
P
C-O
USE TABLE – COMMERCIAL AND INDUSTRIAL ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
Scientific school
Tutoring establishment
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
SE = Allowed as a Special Exception
P
C-1
P
C-C
P
C-G
P
C-2
ZONE
P
C-W
C-M
SP
C-H
X
C-R-C
I-1
VII-74
Athletic field:
X
P
X
SE
X
SE
P
SE
P
X
58
P
SE
SE
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
X
Arena or stadium (which may include a private spa)
X
X
X X
X
X
X
X
X X
X
X
P
SE
X
X
P
SE
Archery or baseball batting range
(B) All others
(A) Within a wholly enclosed shopping mall
Amusement park:
Amusement Center (CB-35-1994)
(B) All others
(A) Not exceeding 2,500 square feet of gross floor area, with adult supervision on the premises during all hours of operation; provided the use is located either within a wholly enclosed shopping mall, or within the main group of stores of an integrated shopping center having a minimum gross floor area of 150,000 square feet
Amusement arcade:
Adult Entertainment (CB-46-2010; CB-56-2011)
Adult Entertainment, in accordance with Section 27-475.06.06 (CB-46-2010)
(6) Recreational/Entertainment/Social/Cultural:
Voluntary fire, ambulance, or station (CB-70-2008)
1
Sanitary landfill or rubble fill (CB-15-1990)
17
P SE
P
X
SE
X
SE
P
SE
P
X
58
P
SE
SE
P
X
SE
X
SE
P
SE
P
X
58
P
SE
SE
P
X
SE
X
SE
P
SE
P
X
58
P
SE
SE
X
SE
X
SE
P
SE
P
X
58
P
SE
SE
P
P
X
X
X
X
X
SE
X
X
P
X
X
P
P
SE
P
SE
SE
P
SE
SE
X
58
P
SE
SE
P
P
SE
P
SE
SE
P
SE
SE
X
58
P
SE
SE
P
P
X
X
X
X
X
X
SE
X
X
X
X
P
P
P
SE
SE
P52
X
P
SE
P
P
P
SE
P
Sanitary landfill, rubble fill, or Class 3 fill19, 46 (CB-15-1990; CB-8-2003; CB-87-2003)
P
Public building and use, except as otherwise prohibited
P
P
P
P
P
P
Post Office
P
P
P
Library, private
Library, all others
SP
(5) Public/Quasi Public:
X
P
C-S-C
Where not otherwise specifically permitted, any use allowed by Special Exception in the I-1 Zone (CB-92-2004)
P
C-A
P
SE
SE
X
P
P
SE
P
P
P
P
X
X
I-2
P
X
X
X
X
P
X
P
P
P
P
SE49
P49
I-3
X
X
X
X
X
P
X
P
P
X
X
X
X
I-4
SP
X
X
X
X
P
X
P
P
P
P
X
X
U-L-I
PB = Allowed as related, dependent, and secondary to a
X
P
C-O
USE TABLE – COMMERCIAL AND INDUSTRIAL ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
Where not otherwise specifically permitted, any use allowed in the I-1 Zone (excluding those permitted by Special Exception) (CB-92-2004)
produced on the premises (CB-61-1995; CB-5-2004)
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
SE = Allowed as a Special Exception
X X
Billiard or pool parlor
Boat ramp
X X SE SE X SE P P SP
Fishing pier
Go-cart track
Golf course or country club
Golf driving range
Marina (CB-72-1987)
Miniature golf course
Museum, aquarium, art gallery, cultural center, or similar facility
Park or playground
Performance arts center, in accordance with Section 27-464.05 (CB-12-2001)
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
(A) Abutting residential property or land residentially zoned
X
X
Recreational campground (in the C-M Zone subject to paragraphs (1) thru (7) of Section 27-400(a))
Recreational or entertainment establishment of a commercial nature, if not otherwise specified:
X
Race track
Performance arts center, in accordance with Section 27-475.06.04 (CB-12-2001)
SE
X
Club or lodge (private) except as otherwise provided
(B) All others
(A) On a parcel of at least 10 acres, provided all structures are located at least 200 feet from any Residential Zone (or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan) X
X
Beach
Bowling alley:
X
SE
Auditorium
(B) With permanent bleacher-type seating for more than 100 spectators
P
C-O
X
X
X
X
P
X
X
X
X
X
X
X
X
X
X
X
X
X
X
SE
P
C-A
P
VII-75
SE
X
X
SP
P
P
P
SE
SE
SE
X
P
P
SE
P
P
SE
SE
X
X
SP
P
P
P
SE
SE
SE
X
P
P
SE
P
P
SE
P
P
56
P
SE
56
P
C-1
SE
P
C-S-C
SE
X
X
SP
P
P
P
SE
SE
SE
X
P
P
SE
P
P
SE
P
P
56
SE
P
C-C
SE
X
X
SP
P
P
P
SE
SE
SE
X
P
P
SE
P
P
SE
P
P
56
SE
P
C-G
SE
X
X
SP
P
P
P
SE
SE
SE
X
P
P
SE
P
P
SE
P
P
56
SE
P
C-2
SE
SE
X
X
P
P
P
SE
P
P
X
P
SE
X
X
P
X
P
X
X
X
C-W
ZONE
SE
P
SE
SP
P
P
P
SE
P
P
SE
P
P
P
P
P
P
P
P
56
P
P
C-M
USE TABLE – COMMERCIAL AND INDUSTRIAL ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
(A) With no seating or nonpermanent bleacher-type seating for not more than 100 spectators
USE
P = Permitted
SE
P
SE
SP
P
P
P
SE
P
P
SE
P
P
P
P
P
P
P
P
56
P
P
C-H
X
X
X
X
P
P
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
C-R-C
SP
P
X
P
P
34
P
P 34
P
P34
P
P
P
P
X
P
P
I-2
P
P
P34
P
P
P
P
P
56
P
P
I-1
X
X
P
X
P
P
X
X
X
X
X
X
X
I-3
X
X
X
X
X
X
X
X
X
X
X
X
X
I-4
SP
P
SP
SP
SP
X
SE
SP
SP
SE
X
P
P
U-L-I
PB = Allowed as related, dependent, and secondary to a
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
SE = Allowed as a Special Exception
X
Riding stable
P X X
Spa (community)
Spa (public)
Summer camp
X
(B) Indoor
(C) All others
VII-76
SP
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
Artists' residential studios, in accordance with Section 27-475.06.04 (CB-12-2001)
X
SP
SP
SP
SE
SP
SE
ZONE
X
X
X
X
X
P
P
P
X
P
P
P
P
X
P
X
X
X
X
X
SE
C-W
SE
P
P
P
P
P
P
P
P
P
P
SE
P
P
SE
P
P
P
P
C-M
SP
SP
SE
X
X
P
P
P
P
P
X
P
P
X
SE
P
SE
X
SE
X
P
SE
C-2
Artists' residential studios, in accordance with Section 27-464.05 (CB-12-2001)
SE
X
X
P
P
P
P
P
X
P
P
X
SE
P
SE
X
SE
X
P
SE
C-G
X
SE
X
X
P
P
P
P
P
X
P
P
X
SE
P
SE
X
SE
X
P
SE
C-C
P X
X
X
P
P
P
P
P
X
P
P
X
SE
P
SE
X
SE
X
P
SE
C-1
X
X
X
P
P
P
P
P
X
P
P
X
SE
P
SE
X
SE
X
P
SE
C-S-C
Apartment housing for the elderly or physically handicapped
X
X
X
SE
P
P
X
X
X
P
X
X
P
X
X
X
X
X
X
C-A
(7) Residential/Lodging:
X
X
(B) Outdoor (including drive-in)
Zoo, not publicly owned
SE
SE
(A) Indoor
Theatre:
(B) All others
(C) With a temporary removable cover (bubble)
P
P
(B) Outdoor, Enclosed by a wall or fence at least 6 feet high
Outdoor, all others
P
(A) Indoor (within a permanent wholly enclosed building)
Tennis, basketball, handball, or similar court:
P X
(A) Community
Swimming pool:
X
X
(B) Outdoor
Skating rink
X
(A) Indoor
Rifle, pistol, or skeet shooting range:
X
X
C-O
USE TABLE – COMMERCIAL AND INDUSTRIAL ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
Reducing/exercise salon or health club
(B) All others (CB-72-1998)
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
SP
X
P
SE
P
P
P
P
P
P
P
P
P
P
SE
P
P
SE
P
P
P
P
C-H
X
X
P
X
X
P
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
C-R-C
SP
SE
P34
P
P
P
P
P
P
P
P
P
SE
P34
SE
P
P
P34
I-1
X
SE
P34
P
P
P
P
P
P
P
P
P
SE
P34
SE
P
P
P34
I-2
X
X
P
X
X
X
P
X
P
P
P
X
X
P
X
X
X
P
I-3
X
X
X
X
X
X
X
X
X
X
X
X
SE
X
X
P
X
SE
I-4
SP
X
SE
P
P
P
P
P
SP
SP
SP
SP
SE
SP
X
SE
X
P
U-L-I
PB = Allowed as related, dependent, and secondary to a
P
50
P
C-S-C
P
50
P
C-1
P
50
P
C-C
P
50
P
C-G
P
50
P
C-2
ZONE
X
SE
C-W
X
P
C-M
X
P
C-H
X
X
C-R-C
I-1
P
Dwelling, provided that it was legally erected prior to the date upon which the property was classified in a Commercial Zone, or was legally erected in a Commercial Zone under prior regulations
X SE
(B) Not exceeding 3 units per building, with 1 unit at ground level for a resident manager, caretaker, or night watchman (and family)
(C) In a building containing 4 or more stories, provided the units are located above the third story (CB-97-2005)
P
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
Multifamily retirement community (CB-85-2003)
47
P22
(B) In an industrial park having a gross tract area of at least 25 acres (CB-972004)
(C) All others
X
(A) Including any use allowed in the C-S-C Zone (but not generally allowed in the C-M Zone, excluding those permitted by Special Exception), when located within a hotel, provided the uses shall not be located above the ground floor; not more than fifteen (15) percent of the gross floor area of the building shall be devoted to the uses; and not more than 3,000 square feet shall be allotted to any one use (CB-105-1985; CB-58-1990)
Hotel or motel:
Dwelling unit within a building, containing commercial or industrial uses not exceeding 3 units per building, with 1 unit permitted at ground floor level for a resident manager, caretaker, or night watchman (and family) and all other units located above the ground floor
P
(A) Not exceeding 3 units per building, to be located above the ground floor, except where otherwise allowed
Dwelling unit within a building containing commercial uses:
P
Dwelling, multifamily (CB-75-2003; CB-28-2004)
(C) All others (CB-1-1994)
X
X
X
X
X
P
P
VII-77
X
P
X
SE53
X
P
P
X
P
X
SE53
X
P
P
X
P
X
SE53
X
P
P
X
P
X
SE53
X
P
P
X
P
X
SE53
X
P
P
X
SE
X
X
P
P
P
X
P
PA
SE
P
P
P
X
P
PA
SE
P
P
P
X
P
X
X
X
X
X
SE
SE10
P
X
X
X
X
C-A
SE
SE
P
X
X
P
I-2
X
P
X
X
P
X
I-3
X
X
X
X
P
X
I-4
X
X
P
X
X
P
U-L-I
PB = Allowed as related, dependent, and secondary to a
(B) If legally erected prior to the date upon which the property was classified in the I-3 or I-4 Zone 46
X
C-O
USE TABLE â&#x20AC;&#x201C; COMMERCIAL AND INDUSTRIAL ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
P
SE = Allowed as a Special Exception
(A) If legally erected prior to the date upon which the property was classified in the I-1, I-2, or U-L-I Zone, or legally erected in the I-1, I-2, or U-L-I Zone under prior regulations
Dwelling:
Country inn
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
VII-78
P
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
P30
SE
P
SE
P
SE
P
SE
P
SE
P
X
X
P
P
P
P
P
P
P
P
X
X
P
X
SE
SE
SE
SE
SE
P
P
P
P P
X
P
P
SE
X
SE
X
P
P
SE
SE
X
Monopoles and related equipment buildings and enclosures, in accordance with Section 27-464.03 (CB-65-2000)
P
P
X
SE
SE
Bus station or terminal
P
P
SE
X
SE
P34 P
P
SE
SE
X
P
SE
P34 X
P
SE
SE
SE
X
P
P
P
P
P
X
P
P
SE
SE
SE
SE
P
P
P
P
P
X
I-2
Broadcasting studio (without tower)
P30
SE
SE
SE
SE
X
SE
P
P
X
X
X
X
X
X
I-1
P
P
Antennas and related equipment buildings and enclosures, other than satellite dish antennas, in accordance with Section 27-464.03 (CB-65-2000)
X
SE
SE
X
X
SE
P
P
X
X
X
P
SE
X
C-R-C
P
SE
Airstrip or helistop
X
SE
SE
X
SE
P
P
X
X
X
P
SE
X
C-H
Antennas and related equipment buildings and enclosures, other than satellite dish antennas, in accordance with Section 27-475.06.02 (CB-65-2000)
SE
Airport, airpark, airfield, heliport
(9) Transportation/Parking/Communications/Utilities:
SE
SE
X
SE
P
P
X
X
X
X
SE
X
C-M
SE
SE
X
SE
P
ZONE C-W
Surface mining
SE
X
SE
P
P
X
X
X
P
X
X
C-2
SE
SE
X
SE
P
P
X
X
X
P
X
X
C-G
SE SE
X
SE
P
P
X
X
X
P
X
X
C-C
SE
X
SE
P
P
X
X
X
P
X
X
C-1
Sand and gravel wet-processing
X
SE
P
P
X
X
X
P
X
X
C-S-C
P16
X
P
P16
SE
SE
SE
X
SE
P
P
P
P
P
SE
39
I-3
P16
X
P
P16
SE
X
SE
X
SE
P
P
P
P
P
X
I-4
P
SE
P
P
SE
X
X
X
SE
X
X
X
X
X
X
U-L-I
PB = Allowed as related, dependent, and secondary to a
Concrete recycling facility (CB-78-2004)
X
SE
(ii) on lots under 20,000 square feet
(iii) on lots under 20,000 square feet adjoining occupied residentially-zoned property38 (CB-71-2001)
P
P
X
X
P
X
X
X
X
X
C-A
P
P
(i) on lots 20,000 square feet or more
(B) Animal or poultry raising (other than customary household pets)
(A) Other than animal or poultry raising
Agricultural use
(8) Resource Production/Recovery:
(B) All others (CB-62-1991)
(A) Operated in conjunction with an adjacent eleemosynary institution; and containing 8 or fewer residential units
Transitional shelter for the homeless:
Townhouse (CB-80-2013)
X
Tourist home 59
X
Tourist cabin camp
41
C-O
USE TABLE – COMMERCIAL AND INDUSTRIAL ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
P
SE = Allowed as a Special Exception
Planned retirement community (CB-22-2002)
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
SE = Allowed as a Special Exception
P
P
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
(B) Freestanding, for commercial purposes, up to 175 feet above ground level
(B) Freestanding for commercial purposes, not exceeding 100 feet above ground level
(A) Nonprofit, noncommercial purposes, with no height restrictions
Towers or poles (electronic, public utility when not otherwise permitted, radio, or television, transmitting or receiving):
P
Telegraph or messenger service
X
(C) With cab repair or servicing within a wholly enclosed building (CB-50-1987) P
X
(B) With cab storage
Taxicab stand
P
(A) Without cab storage, repair, or servicing
Taxicab dispatching station:
X
P
X
P
X
X
X
X
VII-79
P
P
P
P
X
SE
P
X
P
P
P
P
X
SE
P
X
P
P
P
P
X
SE
P
X
P
P
P
P
P
X
SE
P
X
P
P
P
P
P
X
SE
P
X
P
P
X
X
SE
P
P
ZONE
P
P
X
P
X
X
X
X
SE
P
X
X
X
X
X
C-W
P
P
P
P
P
P
P
X
P
P
X
X
P
P
P
C-M
P
P
P
P
P
P
P
X
P
P
X
X
P
P
P
C-H
P
P
P
P
X
X
X
X
P
P
X
X
X
P
P
C-R-C
X
X
P
P
P
P34
P
26, 48
X
23
I-1
P
P
P
P
P
P
P
34
34
P
P
P
P
P
X
P
P
P34
X
X
P
P
P
P
P
I-2
P
P
P
P
X
X
P
P
X
X
SE
P
P
C-2
Storage of any motor vehicle which is wrecked, dismantled or not currently licensed, except where specifically allowed6 (CB-4-1987)
P
P
X
X
SE
P
P
C-G
P
SE
P
X
X
SE
P
P
C-C
SE
P
X
X
SE
P
P
C-1
(c) Other public utility uses or structures (including major transmission and distribution lines and structures, but excluding towers and poles not otherwise permitted, railroad yards, roundhouses, car barns, and freight stations) (CB-251987; CB-61-1988; CB-8-1990; CB-123-1994; CB-102-1997; CB-65-2000)
P
X
X
X
SE
X
C-S-C
X
P
X
X
SE
44
SE
P
C-A
P
P
P
P
P
X
X
P
X
SE
X
P
X
X
P
45
P
P
P
P
P
X
X
P
X
P7
P
P
X
X
X
X
X P45
X
X
X
23
I-4
P45
X
23
I-3
P
P
P
P
P
SP
SP
P
X
SE
X
P
X
X
SP
SP
SP
X
X
U-L-I
PB = Allowed as related, dependent, and secondary to a
(B) Railroad yards, roundhouses, car barns, and freight stations
(A) Underground pipelines, electric power facilities or equipment, or telephone facilities or equipment; and railroad tracks or passenger stations, but not railroad yards
Public utility uses or structures:
Parking of a mobile home in a public right-of-way
4
Parking of mobile home, except as otherwise specified
(B) All others (CB-14-2003)
(A) With shuttle service to Metro and within two (2) miles of a Metro station
Parking lot, commercial:
Parking garage, commercial
Moving and Storage Operation (CB-70-2004)
C-O
USE TABLE â&#x20AC;&#x201C; COMMERCIAL AND INDUSTRIAL ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
Motor freight receiving or shipping (loading) facilities (CB-90-1992; CB-66-1996)
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
SE = Allowed as a Special Exception
VII-80
X
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
X
X
X
X
X
X
X
P
X
X
P
X
X
P
PA
PA
P
X
PA
PA
P
X
X
PA
P
PA
X
P
X
X
X
X
X
X
SE
P23
Where not otherwise specifically permitted, any use allowed in the C-S-C Zone (excluding those permitted by Special Exception), may be located within an office building, provided that the uses shall not be located above the ground floor; not more than 15% of the gross floor area of the building shall be devoted to the uses; and not more than 3,000 square feet of gross floor area shall be allotted to any
X
P
X
X
X
P
P
P
SE
P23
C-R-C
PA
P
X
X
X
P
P
P
SE
P23
C-H
Where not otherwise specifically permitted, any use allowed in the C-R-C Zone (excluding those permitted by Special Exception) may be located within an office building, provided that the uses shall not be located above the ground floor; not more than 15% of the gross floor area of the building shall be devoted to the use; and not more than 3,000 square feet of gross floor area shall be allotted to any one shop (CB-58-1990)
P
X
X
X
X
X
P
SE
P23
C-M
P
X
SE
ZONE C-W
Office accessory to an allowed use
X
SE
P
SE
SE
P
SE
P23
C-2
SE
X
SE
P
SE
SE
P
SE
P23
C-G
X
SE
P
SE
SE
P
SE
P23
C-C
Vehicle parts or tire store including installation facilities accessory to a department store, provided all sales and installation operations are conducted in a wholly enclosed building with no outdoor storage (CB-58-1990)
SE
P
SE
SE
P
SE
P23
C-1
P
X
P
SE
SE
P
SE
P23
C-S-C
P
P
P
X26, 40
SE
P
I-1
P
X
P
P
SE
P
I-2
P
P
X
X
SE
P
I-3
P
SE
X
X
SE
P
I-4
P
P
SP
X
SE
P
U-L-I
PB = Allowed as related, dependent, and secondary to a
Mobile or modular home sales lot, which may include the storage of mobile homes or modular home components for sale
X
Incidental automobile service in a parking garage3
X
SE
SE X
X
X
X
X
C-A
SE
X
SE
Self-service, coin operated, automatic car wash as an accessory use to the permitted use of a commercial parking lot, with shuttle service to Metro and located within two (2) miles of a Metro station (CB-76-1998)
(ii) A church or other place of worship
(i) A private school or educational institution
Bus maintenance accessory to:
Boat sales, service, and repair, including outdoor storage of boats and boat trailers accessory to a marina
ACCESSORY USES
Trucking operations, except as otherwise specified (CB-90-1992; CB-5-1994; CB75-1998; CB-13-2000; CB-39-2004)
(D) All others (CB-8-1990; CB-41-1994; CB-123-1994; CB-65-2000)
(C) Attached to a roof, for commercial purposes, with the total combined height of the building, tower, or monopole and antenna not exceeding 250 feet above ground level
P23
C-O
USE TABLE â&#x20AC;&#x201C; COMMERCIAL AND INDUSTRIAL ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
(C) Attached to a roof for commercial purposes, not exceeding 40 feet above the height of the building
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
ZONE
X
(ii) More than 6 feet from main buildings(subject to Section 27-388)
X P
Wholesaling, distribution, and related storage incidental to any use allowed and in an office building, but limited to a floor area ratio of 0.1
Storage, wholly enclosed, accessory to an allowed use
P
P
P
P
P
X
PA
SE
P
X
PA
SE
P
PB
P
X
PA
SE
P
PB
P
X
PA
SE
P
PB
P
P
PA
P
P
PB
P
P
PB
P
P
PA and PA and PB PB
PA
P
P
PB
P
P
PB
X PB
P
X
PA
X
X
PB
X
X
X
X
X
PB
PB
X
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
NA
P
X
PA
SE
PB
P
X
X PB
(ii) A special permit use
VII-81
P
X
PA
SE
PB
P
X
X
P
P
P
P
X
X
X
PB
P
X
PB
X
X
(i) A permitted use
Storage building accessory to:
X
Wholesaling of products incidental to the retail sales of the products on the premises
Retail sales of products where the retail sales are incidental to the warehousing, wholesaling, or distribution of the products on the premises (CB-122-1986; CB-31989)
(ii) All others
(i) Where the retail sales area does not exceed 15% of the gross floor area of the building, or 5,000 square feet, whichever is less
Retail sales of products where the retail sales are incidental to the manufacturing of the products on the premises:
X
(i) Not more than 6 feet from main building (subject to Section 27-388)
Outdoor display of merchandise for sale (except as otherwise specified) and excluding merchandise displayed on gasoline pump islands associated with gas stations which is allowed):
PB
P
X
PB
X
X
NA
P
PB
PB
X
X
P
X
PB
X
X
Food or beverage goods preparation on the premises of a food or beverage store, provided the goods are only sold on the premises and at retail
X
X
PB
X
X
X
PB
X
X
X
X
X
X
Bottled gas sales accessory to an allowed use
I-2
Welding shop accessory to an allowed use
I-1
X
X
C-R-C
Veterinarian's office, inpatient (CB-96-1988)
P
C-H
X
P
C-M
X
X
C-W
Machine shop accessory to an allowed use
P
C-2
Laundromat accessory to an allowed use
P
C-G
P34
P
C-C
P34
P
C-1
PA
P
C-S-C
Laboratory accessory to an allowed use
PA
C-A
NA
P
X
X
P
P
X
I-3
NA
P
PB18
PB
X
P
X
I-4
SP
P
PB
PB
X
P
X
U-L-I
PB = Allowed as related, dependent, and secondary to a
P
C-O
USE TABLE â&#x20AC;&#x201C; COMMERCIAL AND INDUSTRIAL ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
X
SE = Allowed as a Special Exception
Trailer for office space accessory to an existing industrial use in accordance with Sections 27-260 and 27-261 (CB-75-1998; CB-39-2004)
one shop
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
P P P P
Sign, other than outdoor advertising (CB-65-1989; CB-24-1991)
Employees' recreational facilities (private, nonprofit) accessory to an allowed use
Golf course or country club accessory to a commercial use
Spa (private), accessory to an allowed dwelling unit
X X X X
(B) Accessory to a reducing/exercise salon or health club
(C) Accessory to a commercial swimming pool
(D) Accessory to a recreational campground
(E) Accessory to a summer camp
P
(C) All others (CB-19-1985)
VII-82
P
P
SE
P
P
P
SE
P
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
TEMPORARY USES
P
SE
(B) More than 10 feet in diameter to serve only 1 dwelling
Accessory structures and uses, except as otherwise provided
P
(A) Up to 10 feet in diameter, to serve only 1 dwelling unit
Satellite dish antenna accessory to an allowed use , in accordance with Section 27451.01:
P
P
SE
P
P
P
P
SE
P
P
P
P
P
SE
P
P
P
X
P
X
X
P
P
P
P
P
P
P
P
X
C-G
P
P
SE
P
P
P
X
P
X
X
P
P
P
P
P
P
P
P
X
C-2
ZONE
8
P
P
SE
P
P
P
SE
8
SE7
P
SE
P
X
SE7
P
P
X
P
P
P
C-W
P
P
SE
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
C-M
P
P
SE
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
C-H
P
P
SE
P
P
X
X
X
X
X
X
X
X
X
X
X
P
P
X
C-R-C
P
34
34
P
P
SE
P
P
SE
P
P34
P34
P P34
P
SE
P34
P34
P34
SE
P34
P34
P
34
P
P 34
SE
I-2
P
SE
I-1
P34 P
P
X
P
X
X
P
P
P
P
P
P
P
P
X
C-C
Parking garage or lot or loading area accessory to an allowed use, used in accordance with Part 11
P
X
P
X
X
P
P
P
P
P
P
P
P
X
C-1
P34
P
P
X
P
X
X
P
P
P
P
P
P
P
P
X
C-S-C
P
P
SE
P
P
P
P
X
P
P
P
P
P
SE
I-3
P
P
SE
P
P
P
X
SE
X
P
P
P
P
SE
I-4
P
P
SE
P
P
P
P
P
X
P
P
P
X
SE
U-L-I
PB = Allowed as related, dependent, and secondary to a
Motor freight receiving or shipping (loading) facilities accessory to, in conjunction with, as an integral part of, under the same ownership or leasehold interest as, and solely serving another allowed use on the property P
P
X
(B) Accessory to a recreational campground
(C) Accessory to an allowed one-family detached dwelling
X
P
X
X
X
X
X
X
P
X
P
P
P
X
C-A
(A) Accessory to a hotel or motel (CB-9-2004)
Swimming pool:
X
(A) Accessory to a hotel or motel
Spa (public):
P
Cemetery accessory to a church, convent, or monastery18
C-O
USE TABLE â&#x20AC;&#x201C; COMMERCIAL AND INDUSTRIAL ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
X
(iii) A Special Exception use (CB-90-1992; CB-1-1994)
SE = Allowed as a Special Exception
Carpentry, cabinet making, or other woodworking shop accessory to an allowed use
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
P
(B) All others
P
P
P
X
SE
P
P
P
SE
P
P
P
P
P
SE
P
P
P
P
P
SE
P
P
X
P
P
P
SE
P
P
X
P
P
P
SE
P
P
X
X
X
P
X
P
P
X
X
P
P
P
SE
P
P
X
P
P
P
P
SE
P
P
X
P
P
P
P
X
X
P
X
P
X
X
P
X
X
X
C-R-C
P
P
P
P
P
P
P
P
P
P
P
X
P34
P34
P34 P34
P
I-2
P
I-1
X
P
X
P
P
P
X
P
P
P
I-3
X
P
P
P
P
P
X
P
P
P
I-4
X
X
P
P
SP
P
X
SP
SP
X
U-L-I
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
(C) The use shall be secondary to the primary use of the building.
VII-83
(B) No signs or other evidence indicating the existence of the use shall be visible from the outside building, other than a business identification sign lettered on a window. The sign shall not exceed six (6) square feet in area; and
(A) There shall be no entrances to the use directly from outside of the building;
* Provided:
USE TABLE NOTES – COMMERCIAL ZONES
P
(A) On a parking lot
Carnival, circus, fair or similar use, not exceeding seventeen (17) days duration and located at least 250 feet from any dwelling, as a temporary use in accordance with Sections 27-260 and 27-261
X
(B) All others
Temporary shelter for commercial display, sale, or service use permitted (P) in the respective zones, as a temporary use, in accordance with Sections 27-260 and 27261
P SE
(A) In accordance with Sections 27-260 and 27-261
Contractor's office (must include sanitary facilities), construction yard or shed, or storage building (in connection with a construction project) as a temporary use:
P
X
P
P
P
P
C-H
P
X
P
X
X
P
C-M
Collection of recyclable materials as a temporary use, in accordance with Sections 27-260 and 27-261
X
P
P
ZONE C-W
P
P
P
P
P
C-2
Modular classroom as a temporary use, in accordance with Sections 27-260 and 27-261 (CB-106-1989)
P
P
P
P
C-G
P
P
P
P
P
C-C
P
P
P
P
C-1
Seasonal decorations display and sales as a temporary use, in accordance with Sections 27-260 and 27-261
X
P
P
C-S-C
P
X
Farmer's market or flea market as a temporary use, in accordance with Sections 27-260 and 27-261 (CB-63-1998)
P
P
C-A
PB = Allowed as related, dependent, and secondary to a
Sales events sponsored by bona fide nonprofit groups or organizations, in accordance with Sections 27-260 and 27-261 (CB-26-1997)
P
Firewood sales as a temporary use in accordance with Sections 27-260 and 27-261
C-O
USE TABLE – COMMERCIAL AND INDUSTRIAL ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
P
SE = Allowed as a Special Exception
Real estate subdivision sales office as a temporary use, in accordance with Sections 27-260 and 27-261
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
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(A) Storage accessory (and related) to an allowed use; or
6 This shall not apply to:
5 Reserved.
4 Except in an emergency. In this case, the parking shall be subject to the traffic and parking regulations applicable to the right-of-way.
(D) The garage shall be wholly enclosed.
(C) No signs visible from outside the structure shall indicate the presence of the service facilities; and
(B) Only automobiles parking in the parking garage may be served;
(A) The service shall be limited to supplying gasoline, oil, water, tire pressure, and washing;
3 Provided:
(D) The mobile home shall not be located on the property for more than one hundred twenty (120) cumulative days per calendar year, except mobile homes used in connection with pari-mutuel racetracks when the use shall not exceed two hundred eighteen (218) cumulative days per calendar year.
(C) The occupants of the mobile home are employed by or reasonably connected with the other use; and
(B) The use of the mobile home is in connection with another use on the property for which the County levies or collects an amusement tax;
(A) The mobile home is located on a lot having a net area of at least five (5) acres;
2 Provided:
All events must comply with County or State regulations, and events requiring a specific license must obtain such license to be considered a permitted ancillary use. All events must be organized by the voluntary fire, ambulance, or rescue corporation or company and/or a community group from within the immediate vicinity of the station. For weddings, receptions, and dinners, the event may be organized by an individual in conjunction with the voluntary fire, ambulance, or rescue corporation or company and/or a community group within the immediate vicinity of the station. A permitted ancillary use does not include the leasing of the station facility for use by a promoter. Private events may not have advance or at the door ticket sales. All events must end by 10:00 p.m., Sunday through Thursday (except that bingo events must end by 11:00 p.m.), and by midnight on Friday and Saturday, with all patrons off the site within thirty (30) minutes after closing. (CB-70-2008)
The following activities are considered to be ancillary uses permitted within the hall/assembly area of a voluntary fire, ambulance, or rescue station: bingo (with an approved license from the Department of Environmental Resources), weddings, dinners, community events, organization functions, and private events (with no advance or at the door ticket sales).
(C) Occupied by a station that was in use immediately prior to July 1, 1982.
(B) In a location which the Fire Chief has indicated (in writing) is appropriate; or
(A) In the proximity of an area designated as a fire or rescue station on an approved Functional Master Plan of Fire and Rescue Stations;
1 Provided the site is either:
(C) The use shall not be located within a building not occupied by the principal use; and
(C) The use shall not be located within a building not occupied by the principal use; and
(B) The use shall be located on the same record lot as the principal use;
(A) The use shall be related to, dependent on, and secondary to a principal use on the premises;
** Provided:
USE TABLE NOTES â&#x20AC;&#x201C; COMMERCIAL ZONES
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
Approval as an accessory use with approval of the Special Exception for the hotel or motel. (CB-28-1985)
This does not provide for accessory antennas or overhead distribution lines. (CB-25-1987)
In a publicly-owned recreational facility, a school, a church, or a public building, a day care center shall only be permitted as an accessory use. A church must provide its tax-exempt identification number when applying for a Detailed Site Plan or a building or use and occupancy permit for an accessory day care center for children. (CB-23-1988; CB-98-1988; CB-44-1989)
11
12
Provided it is an adaptive reuse of existing space, such space having been previously utilized for bulk retailing, and only where the property on which the use is located abuts land in the I-3 Zone. (CB-61-1988; CB-811993; CB-123-1994; CB-61-1995)
Delivery service is permitted provided an additional parking space, over and above the required number of parking spaces, is provided for each vehicle used for delivery. No more than six (6) vehicles shall be permitted for the delivery service. (CB-126-1989)
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
VII-85
Provided the use is on a parcel or contiguous parcels of land in the C-M Zone, the gross tract area of which is a minimum of fifty (50) acres, which is contiguous to an existing street right-of-way at least one hundred twenty (120) feet wide, and of which no more than thirty-five percent (35%) is occupied by the uses subject to this requirement. The entire tract of land in the C-M Zone shall require Detailed Site Plan approval in 20 accordance with Part 3, Division 9 of this Subtitle. Each use subject to these requirements shall consist of at least twenty-five thousand (25,000) square feet of gross floor area, and uses consisting of less than fifty thousand (50,000) square feet of gross floor area are permitted only if there is one existing retail use consisting of more than one hundred thousand (100,000) square feet of gross floor area for every two (2) retail uses consisting of less than fifty thousand (50,000) square feet of gross floor area. Clothing, dry goods, millinery, and shoe stores shall be permitted by Special Exception in all other cases. For the purposes of this footnote,
(B) A property of 15,000 to 20,000 square feet, formerly the site of a full-service gas station, abutting on at least one side property in the C-S-C Zone, limited to repair of vehicles with a maximum gross vehicle weight of 17,000 pounds. (CB-50-1993; CB-68-1999; CB-90-2000)
(A) The relocation of such uses, provided the last site on which the use was located was in the I-1 Zone, not more than three (3) miles from the subject property, is currently used by a public entity for a mass transit facility, and was acquired prior to June 1, 1993; or
19 For:
18 Provided both uses were existing as of January 1, 1991. (CB-11-1991)
17 A sanitary landfill or rubble fill may include a rock crusher only if it is approved as part of the Special Exception. (CB-15-1990)
16
15 May include an accessory crematory. (CB-2-1989)
14
13 Provided the health center is located on a minimum of twenty-five (25) acres. (CB-55-1988)
The requirement for at least 6 businesses and a 50,000 square feet minimum gross floor area does not apply to a fast-food restaurant which is legally existing or which is subsequently constructed pursuant to a building permit filed prior to May 6, 1986. (CB-29-1986)
10
(E) The restaurant is not open to the public before 11:00 A.M. (CB-104-1985)
(D) Customer service is at table side. No counter service and no cafeteria-style service is provided; and
(C) The operation is limited to the sale of food and beverages for consumption on the premises;
(B) More than fifty percent (50%) of its revenue is derived from the sale of food;
(A) The minimum seating capacity is one hundred fifty (150);
9 Provided:
8 Approval as an accessory use with approval of the Special Exception for the recreational campground. (CB-28-1985)
7
(B) One (1) such vehicle stored in a wholly enclosed garage.
USE TABLE NOTES â&#x20AC;&#x201C; COMMERCIAL ZONES
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
Subject to Detailed Site Plan approval, in accordance with Part 3, Division 9, of this Subtitle, if the use is abutting land in a residential zone, or land proposed to be used for residential purposes on an approved Basic Plan, approved Official Plan, or any approved Conceptual or Detailed Site Plan. (CB-90-1993)
22
Provided the property on which the use is located is under single ownership which includes the I-1 and C-M zones, where the uses on the C-M zoned portion are an expansion of the currently existing uses on the I-1 zoned portion of the property. (CB-39-1996)
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Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
(C) Be confined by road networks which limit access changes to the parcels; and
(B) Include not less than 10 or more than 15 acres;
(A) Lie adjacent to federal government property;
34 Limited to the adaptive re-use of vacant or partially vacant property in former or existing shopping centers which are limited in their ability to modify or expand. The C-S-C parcels in the shopping center shall:
33 Provided the use does not exceed 5,000 square feet. (CB-34-1999)
If located outside a Revitalization Tax Credit Area in a commercial center with less than thirty (30) acres, a bulk retailing store may not have gross floor area greater than 50,000 square feet. But if the store was in use and had necessary permits issued on or before September 1, 1998, then the restriction in this note does not apply and the store is not subject to nonconforming use requirements in Part 3, Division 6, unless the store 32 discontinues bulk retailing operations for 180 or more consecutive calendar days. In this note, a commercial center is one or more contiguous, commercially-zoned lots separated from other commercially-zoned lots by public streets or rights-of-way. (CB-25-1999)
(C) The site contains a minimum of three (3) acres and is adjacent to, or across from, an enclosed mall of at least 500,000 square feet. (CB-4-1999)
(B) The use involves the demolition and redevelopment of a commercial use that has been vacant for a minimum of five years; and
(A) The store shall be no less than 10,000 square feet nor more than 15,000 square feet;
31 Provided:
Except when located on a tract of land which is less than 1.5 acres in size and surrounded on all sides by land in any residential zone in order to ensure safety on contiguous parcels and to minimize negative aesthetic 30 impact on neighboring areas. A maximum of one (1) monopole and antennas for four (4) carriers are permitted. For any use for which the original permit was applied for prior to November 25, 1997, and legally issued, telecommunications-related equipment may be moved inside an existing structure without obtaining a special exception for the alteration of a nonconforming use. (CB-102-1997; CB-38-1998; CB-29-2003)
29 Reserved.
28 If not conducted in an existing office building, a Detailed Site Plan shall be approved in accordance with Part 3, Division 9, of this Subtitle. (CB-93-1996)
27 Provided the property on which the use is located is abutting an existing vehicle storage yard with a valid use and occupancy permit. (CB-80-1996)
26
25 Provided the property abuts property in a commercial zone, a residential zone in common ownership with the subject property, or a transportation facility right-of-way. (CB-46-1995)
Subject to Detailed Site Plan approval in accordance with Part 3, Division 9, of this Subtitle. Any fast-food restaurant operating pursuant to an approved Special Exception as of the effective date of CB-49-2005 shall remain valid, be considered a legal use, and shall not be deemed a nonconforming use. Such fast-food restaurants and their underlying special exceptions may be modified pursuant to the existing provisions relating to 24 revisions or amendments to special exceptions generally and fast-food restaurants specifically as they exist in the Zoning Ordinance. The requirement for Detailed Site Plan approval does not apply to eating or drinking establishments within, and sharing the same points of vehicular access as, an integrated shopping center having six individual businesses (including the fast-food restaurant) and a minimum 50,000 square foot gross floor area. (CB-120-1994; CB-19-2010; CB-46-2010; CB-56-2011)
23 Provided the building to which it is attached is at least fifty (50) feet in height. Otherwise, a Special Exception is required. (CB-41-1994)
If the use has a valid use and occupancy permit as of September 30, 1993, and a sight-tight fence or wall at least six (6) feet in height is erected along the perimeter of all abutting residential property as of December 31, 1993, the use shall be permitted by right. Change in ownership of the use shall not affect the conforming use status. (CB-89-1993)
21
the word "contiguous" shall include parcels that are separated only by a right-of-way. However, a department or variety store consisting of no more than fifteen thousand (15,000) square feet of gross floor area shall be permitted upon a parcel or contiguous parcels of land in the C-M Zone, the gross tract area of which is no more than three (3) acres, and which is contiguous to an existing street right-of-way at least one hundred twenty (120) feet wide, subject to Detailed Site Plan approval in accordance with Part 3, Division 9, of this Subtitle. (CB-71-1993; CB-70-1998)
USE TABLE NOTES â&#x20AC;&#x201C; COMMERCIAL ZONES
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
Except for new vehicle sales lots, the use shall be located on a tract of land containing a minimum of 25,000 square feet. All such uses on property less than 25,000 square feet in existence on September 1, 2000, may not be certified as nonconforming uses and must cease operations on or before August 31, 2003. (CB-87-2000)
37
Permits for a store approved before January 15, 2002, without a special exception may continue in effect and be revised or amended, and such a store shall not be considered a nonconforming use. No permits for new food or beverage operations in such a store may be approved without a Special Exception. (CB-2-2002)
(B) In addition, the use may be placed on a C-M Zone property contiguous to property meeting the requirements in paragraph (A), but only if both properties are in the same ownership and the paragraph (A) property has a valid use and occupancy permit for trash removal services. (CB-17-2002)
(A) The subject C-M Zone property shall have at least seventy-five (75) feet of frontage on a street shown on the Master Plan as a collector or higher classification, be at least twenty-five thousand (25,000) square feet in area, and be the subject of a use and occupancy permit for commercial vehicle storage issued prior to January 1, 1990.
All such uses with permits validly issued or applied for as of July 1, 2002, including those on properties rezoned from C-S-C to M-U-I, are deemed permitted uses, are not nonconforming, and may be altered, enlarged, or extended. (CB-55-2002)
43
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
46 Multifamily condominium or rental units are permitted provided:
VII-87
A Class 3 fill in existence as of October 7, 2003 that is operating pursuant to any validly issued grading permit, and is not in violation, shall be permitted to continue in operation as a matter of right, but is limited to the 45 fill area established by any previously issued grading permit, not to exceed two renewals of the permit. Those fill operations that are in violation on October 7, 2003 have until December 31, 2003 to comply, or their permit is void. (CB-8-2003; CB-87-2003)
(D) All commercial parking lot operations on the property shall cease by September 1, 2008. (CB-14-2003)
(C) The Planning Board shall find that the site plan meets the requirements of any applicable TDOZ Development Plan; and
(B) Permits may not be issued for the commercial parking lot until the Planning Board approves a Detailed Site Plan in accordance with Part 3, Division 9, of this Subtitle;
(A) The property is located within one thousand (1,000) feet of an existing mass transit rail station operated by the Washington Metropolitan Area Transit Authority (WMATA) and within the boundaries of a TDOZ approved prior to 1990;
44 Permitted use without requirement for a Special Exception provided:
Provided the use is an expansion of an existing vehicle sales lot onto surplus land owned by a State agency, but is not in use as a street or right-of-way. The subsequent conveyance of the State land shall not result in the use becoming nonconforming. (CB-29-2002)
42
(2) The proposed project will serve, in a high quality, well-designed retirement community, the needs of a retirement-aged population while not adversely affecting the character of the surrounding neighborhood. (CB-22-2002)
(1) The site plan meets all Special Exception requirements in Section 27-395; and
(B) The Planning Board approves a Detailed Site Plan, in accordance with Part 3, Division 9, and makes the following findings:
(A) The property in the C-O Zone is within a Special Taxing District and adjoins or lies across a public right-of-way from land in the R-H Zone with an existing planned retirement community.
41 Provided:
40
39
38 All such uses in existence on September 1, 2001, may not be certified as nonconforming uses and must cease operations, with removal of all animal or poultry facilities, by February 1, 2002. (CB-71-2001)
Special Exception applications filed prior to January 1, 2000, may continue through the review and hearing procedures in Part 4. Uses which are approved may continue in effect, may be revised or amended under procedures in Part 4, and shall not be considered nonconforming. The maximum height of structures not approved by January 1, 2000, shall be thirty-six (36) feet. (CB-29-2000)
36
35 Reserved.
All such consolidated storage units shall meet the requirements of Sections 27-375(a)(5), (6) and (7), and 27-281 through 27-290. (CB-45-1999)
(D) Lie contiguous to and below the grade of a multilane limited-access highway.
USE TABLE NOTES â&#x20AC;&#x201C; COMMERCIAL ZONES
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
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(E) Regulations concerning the height of structure, lot size and coverage, frontage, setbacks, density, and other requirements of the C-S-C Zone shall not apply. All such requirements shall be established and shown on the Detailed Site Plan;
(D) A Detailed Site Plan shall be approved in accordance with Part 3, Division 9, of this Subtitle;
(C) The bedroom percentages for multifamily dwellings as set forth in Section 27-419 shall not be applicable;
(B) The property is contiguous to an existing mass transit rail station operated by Washington Metropolitan Area Transit Authority (WMATA);
(A) The multifamily dwellings shall be located on a parcel(s) containing at least six (6) acres;
50 Multifamily condominium units are permitted provided:
49 Provided the use is located on a lot or parcel with not more than one-half (1/2) acre and is located within one-half (1/2) mile of an existing cemetery. (CB-22-2004)
(C) A Detailed Site Plan must be approved in accordance with Part 3, Division 9, of this Subtitle. The site plan should address, but not be limited to, ingress and egress, truck traffic and parking on the site, and screening for any on-site truck storage. (CB-5-2004)
(B) The use is located in a building of at least sixty-five thousand (65,000) square feet and was constructed after 1980 with a minimum of 16-foot ceilings; and
(A) The use is an adaptive reuse of a furniture warehouse store, which has or had a valid use and occupancy permit prior to January 1, 2004, and is in an existing shopping center that is located on a parcel(s) containing not less than five (5) or more than eleven (11) acres;
48 Provided:
(I) Development of the community is subject to the regulations of the R-18C Zone for multifamily dwellings. (CB-85-2003)
(H) Covenants setting forth the minimum age of the residents shall be submitted with the Detailed Site Plan application. The covenants shall run to the benefit of the Maryland-National Capital Park and Planning Commission; and
(G) A Detailed Site Plan shall be approved in accordance with Part 3, Division 9 of this Subtitle;
(F) At least one (1) resident of each household shall be at least fifty-five (55) years old and no permanent resident of the retirement community shall be under eighteen (18) years old;
(E) The community shall include a clubhouse consisting of at least five thousand (5,000) square feet;
(D) Each multifamily building shall consist of at least three (3) stories, and shall be served by an elevator;
(C) The property upon which the community is located shall be located adjacent to property, also zoned C-O, which includes medical offices, an assisted living facility, adult day care center, and/or other facility designed for senior citizens, but in no event shall the use be deemed nonconforming if the adjacent C-O property is no longer occupied by one of the aforementioned uses;
(B) The property is located within a Center or a Corridor designated by the General Plan;
(A) The community is located on a minimum of five (5) acres and a maximum of eleven (11) acres;
47 Provided:
(E) A Detailed Site Plan shall be approved in accordance with Part 3, Division 9, of this Subtitle. The site plan shall include architectural review in order to ensure compatibility with the existing neighborhood. (CB-752003; CB-69-2004)
(D) Development of the site is subject to the regulations of the R-18 Zone for this use; and
(C) The adjoining properties are developed with institutional, commercial office, and residential uses;
(B) The property is located within a Center or a Corridor designated by the General Plan;
(A) The use is located on one or more lots of less than twelve (12) acres in size;
USE TABLE NOTES â&#x20AC;&#x201C; COMMERCIAL ZONES
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
(C) The density, bulk, height, and other regulations are as required for townhouses in the R-T Zone and for multi-family units in the R-18 Zone. (CB-97-2005)
(B) The minimum percentage of any single use is ten percent (10%) for either residential, commercial, or retail of the gross square footage of floor area; and
(A) The units are part of a mixed-use development of commercial and retail/commercial;
Condominium residential dwellings may be permitted in the C-S-C Zone within the Developed Tier on property that is the location of an existing hotel, if located along the Capital Beltway and within one (1) mile of a WMATA station, subject to an approved Detailed Site Plan as provided in Part 3, Division 9. The use is permitted only if:
Any private automobile and other vehicle auction operating in the C-M Zone prior to January 1, 2011, shall not be certified as a nonconforming use and shall meet the requirements of Section 27-464.06 (c), (d) and (f). If the use is not brought into conformance within the prescribed two-year time period, the property owner shall cease all auction operations on the property. (CB-59-2010)
Any existing establishment in the C-S-C Zone or C-M Zone with a valid use and occupancy permit for an auditorium, private club or lodge that included activity that meets the definition of "adult entertainment" may continue upon approval of a Special Exception. Applications for adult entertainment must be filed and accepted by June 1, 2012. The hours of operation shall be limited to 5:00 P.M. to 3:00 A.M. (CB-56-2011)
57
58
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
(B) The property is located within a Center or a Corridor as designated by the 2002 General Plan;
(A) The townhouses shall be located on a lot(s) or parcel(s) of less than twelve (12) acres in size;
VII-89
Businesses with a valid use and occupancy permit issued prior to May 1, 2010, may continue as a matter of right and shall not be deemed nonconforming if the use does not include any form of adult entertainment. (CB-46-2010)
56
59 Provided:
Businesses with a valid state license for check cashing issued prior to September 1, 2009 may continue as a matter of right and shall not be deemed nonconforming, regardless of a change in tenancy or ownership of the check cashing business. (CB-23-2009; CB-106-2012)
55
(D) The use employs digital, graphic design, or other technological equipment to produce the signage. (CB-14-2008)
(C) The occupant of the premises shall be allowed to park no more than two (2) commercial vehicles each of which does not exceed a manufacturer's gross vehicle weight of 8,500 pounds; and
(B) Outdoor storage and outdoor fabrication of signs are prohibited;
(A) The use does not exceed 3,000 square feet of gross floor area;
54 Provided:
53
(C) Is the subject of a building permit issued for said use prior to September 1, 2005 pursuant to CB-65-2003. All such uses on property meeting the above criteria shall be deemed permitted uses and shall not be considered nonconforming. (CB-19-2005; CB-13-2012)
(B) Is or was the subject of a Preliminary Plan of subdivision or Detailed Site Plan for an integrated shopping center developed pursuant to CB-65-2003; or
(A) Has an approved Preliminary Plan of subdivision for property which is or was at the time of subdivision split-zoned I-3 and R-R, and is located on and inside the Capital Beltway at an existing interchange with said Beltway, or
52 This limitation shall not apply to property which is located within the Developed Tier for which any portion of same:
51 Reserved.
(H) Covenants setting forth that appropriate condominium fees are necessary to provide adequate maintenance of required landscaping to ensure the aesthetics of the property shall be submitted with the Detailed Site Plan application. The covenants shall run to the benefit of the local citizens' association. (CB-28-2004)
(G) The Detailed Site Plan shall include architectural review in order to ensure high quality design and construction materials; and
(F) Density regulations shall be in accordance with the R-10 Zone for multifamily dwellings;
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Approved as an accessory use with approval of the Special Exception for the hotel or motel.
5
VII-90
Except in an emergency. In this case, the parking shall be subject to the traffic and parking regulations applicable to the right-of-way.
(D) The garage shall be wholly enclosed.
(C) No signs visible from outside the structure shall indicate the presence of the service facilities; and
(B) Only automobiles parking in the parking garage shall be served;
(A) The service shall be limited to supplying gasoline, oil, water, tire pressure, and washing;
Provided:
(D) The mobile home shall not be located on the property for more than one hundred twenty (120) cumulative days per calendar year; except mobile homes used in connection with pari-mutuel racetracks where the use shall not exceed two hundred eighteen (218) cumulative days per calendar year.
(C) The occupants of the mobile home are employed by, or reasonably connected with, the other use; and
(B) The use of the mobile home is in connection with another use on the property for which the County levies or collects an amusement tax;
(A) The mobile home is located on a lot having property consisting of five (5) acres or more;
Provided:
All events must comply with County or State regulations, and events requiring a specific license must obtain such license to be considered a permitted ancillary use. All events must be organized by the voluntary fire, ambulance, or rescue corporation or company and/or a community group from within the immediate vicinity of the station. For weddings, receptions, and dinners, the event may be organized by an individual in conjunction with the voluntary fire, ambulance, or rescue corporation or company and/or a community group within the immediate vicinity of the station. A permitted ancillary use does not include the leasing of the station facility for use by a promoter. Private events may not have advance or at the door ticket sales. All events must end by 10:00 p.m., Sunday through Thursday (except that bingo events must end by 11:00 p.m.), and by midnight on Friday and Saturday, with all patrons off the site within thirty (30) minutes after closing. (CB-70-2008)
The following activities are considered to be ancillary uses permitted within the hall/assembly area of a voluntary fire, ambulance, or rescue station: bingo (with an approved license from the Department of Environmental Resources), weddings, dinners, community events, organization functions, and private events (with no advance or at the door ticket sales).
(C) Occupied by a station that was in use immediately prior to July 1, 1982.
(B) In a location which the Fire Chief has indicated (in writing) is appropriate; or
(A) In the proximity of an area designated as a fire or rescue station on an approved Functional Master Plan of Fire and Rescue Stations;
Provided the site is either:
4
3
2
1
USE TABLE NOTES â&#x20AC;&#x201C; INDUSTRIAL ZONES
(F) The Detailed Site Plan shall include architectural review in order to ensure compatibility with the existing neighborhood. (CB-80-2013)
(E) Regulations concerning the net lot area, lot coverage and green area, lot/width frontage, yards, building height, distance between unattached townhouses, density, accessory buildings and other requirements of the C-O or R-T Zones shall not apply. All such requirements shall be established and shown on the Detailed Site Plan; and
(D) A Detailed Site Plan shall be approved in accordance with Part 3, Division 9, of this Subtitle;
(C) The adjacent properties are developed with institutional, commercial office, and multi-family residential uses;
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This shall not apply to:
8
In the I-3 Zone, subject to Section 27-471(c) and (g).
(B) One (1) such vehicle stored in a wholly enclosed garage.
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VII-91
18 Limited to twenty percent (20%) of the gross floor area of the building within which it is located, but not to exceed a maximum of five thousand (5,000) square feet. (CB-3-1989)
17 Subject to Detailed Site Plan approval, in accordance with Part 3, Division 9, of this Subtitle. (CB-3-1989)
(D) The equipment building is constructed of brick and designed to coordinate with the design of any existing main building on the same lot or on an adjoining lot when constructed as a freestanding building. (CB-61-1988; CB-81-1993)
(C) The equipment building matches the construction material and color(s) of an existing building when it is attached thereto; and
(B) The equipment building does not exceed five hundred sixty (560) square feet of gross floor area or twelve (12) feet in height;
(A) The whip antenna does not extend more than fifteen (15) feet above the height of the structure to which it is attached and does not support lights or signs unless required for aircraft warning or other safety reasons;
16 Provided:
15 Provided the health center is located on a minimum of twenty-five (25) acres. (CB-55-1988)
14 In a publicly-owned recreational facility, a school, a church, or a public building, a day care center shall only be permitted as an accessory use. A church must provide its tax-exempt identification number when applying for a Detailed Site Plan or a building or use and occupancy permit for an accessory day care center for children. (CB-23-1988; CB-98-1988; CB44-1989)
13 This does not provide for accessory antennas or overhead distribution lines. (CB-25-1987)
12 Located only on or abutting a lot or group of lots containing an office building or group of office buildings having a gross floor area of at least fifty thousand (50,000) square feet. (CB44-1987)
11 Reserved.
(G) Hotel amenities shall include at a minimum a swimming pool, fitness center, room service, concierge service, parking, and restaurant(s) located within the building. (CB-97-2004)
(F) Motels are prohibited; and
(E) No more than two (2) fast-food restaurants shall be allowed in the industrial park;
(D) The acreage of lots (used for commercial purposes) shall not exceed twenty-five percent (25%) of the acreage of lots used for industrial purposes in the industrial park;
(C) A Detailed Site Plan shall be approved in accordance with Part 3, Division 9, of this Subtitle;
(B) The parcel(s) is the subject of a Preliminary Plan of Subdivision that was approved pursuant to Subtitle 24 of this Code prior to June 30, 2004;
(A) The use is located within an industrial park which is adjacent to a Beltway interchange constructed after June, 2002;
10 Permitted use without requirement for Special Exception provided:
9
Office building requires a Special Exception to be approved, in accordance with Part IV.
7
(A) Storage accessory (and related) to an allowed use; or
Reserved.
6
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VII-92
37 Provided:
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
36 If not conducted in an existing office building, a Detailed Site Plan shall be approved in accordance with Part 3, Division 9, of this Subtitle. (CB-93-1996)
(C) At the time of issuance of the initial use and occupancy permit, the church shall be located within 1,000 feet of another existing church. (CB-84-1996)
(B) If the building in which the church is located contains other uses, a separate entry to the church must be provided for its use; and
(A) The church is located in an existing freestanding building not exceeding two stories in heights;
35 Provided:
34 Notwithstanding the language in Footnote 33, a Special Exception is not required if any portion of the lot is within the subject area of a pending Transit District Overlay Zoning Map Amendment that has been initiated by resolution of the District Council, and is located at least 2,000 feet from an existing Metrorail station. (CB-66-1996)
33 Approval of a Special Exception is required for any use in the I-1 or I-2 Zones if any portion of the lot on which the use is proposed is within the subject area of a pending Transit District Overlay Zoning Map Amendment that has been initiated by resolution of the District Council. This provision does not apply to uses or buildings in existence as of July 1, 1996, or uses set forth in Section 27-473(b)(1)(A)(i),(A)(iv), and (C), and (b)(5). (CB-66-1996)
32 In accordance with the provisions of Part 16. Section 27-248 and Section 27-904 provide for expedited processing of applications for adult book store and/or adult video store use and occupancy permits. (CB-53-1996; CB-28-2009)
31 Reserved.
30 Reserved.
29 Reserved.
28 The Board of Appeals may grant variances from the requirements of Section 27-475.06.01(a)(1). (CB-14-1994)
27 A Special Exception shall not be required for development on a lot of no less than ten (10) or more than twenty (20) acres, located within five hundred (500) feet of property in the MA-C or C-S-C Zones, said lot having frontage on at least two (2) public streets, and a store with a gross floor area not exceeding 85,000 square feet of sales and service floor area (excluding mezzanines) under one roof, of which no more than a total of twenty percent (20%) of sales and service floor area may be dedicated to the sale and/or display of building materials, including, among other things, building supplies, plumbing supplies, electrical supplies, and hardware, either individually or in the aggregate; or the use is located on a lot or parcel that is between ten (10) and twenty (20) acres in size; said lot or parcel is located within five hundred (500) feet of property in the M-A-C Zone and has frontage on at least two public streets; the store has no more than twenty-five thousand (25,000) square feet gross floor area; the store fills medical prescriptions and sells medical supplies and nonprescription medicines, in addition to general merchandise; and except for medical prescriptions, medical supplies, and nonprescription medicines, the store has no more than fifty percent (50%) of its gross floor area devoted to the sale of a single type of merchandise, such as food or specialty items. . . (CB-21-1994; CB-11-2003; CB-64-2012)
26 Moving and storage operations that have less than one hundred thousand (100,000) square feet of gross floor area, have hours of operation between 7:30 A.M. and 5:30 P.M., and are located in a building that was existing on August 31, 1994, are permitted by right. (CB-5-1994)
25 The gross floor area shall not exceed 25% of the gross floor area of the building within which this accessory use is located. (CB-1-1994)
24 Provided the vehicle rental lot is located within one-half (1/2) mile of a mass transit facility. (CB-58-1993)
23 Except as provided for in Section 27-467.01 (CB-90-1992)
22 In accordance with Section 27-475.06 (CB-82-1991)
21 Provided both uses were existing as of January 1, 1991. (CB-11-1991)
20 Provided there is no discernible noise from the exterior of the building. (CB-4-1991)
19 A sanitary landfill, rubble fill, or Class 3 fill may include a rock crusher only if it is approved as part of the Special Exception. (CB-15-1990; CB-8-2003; CB-87-2003)
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(B) The site contains a minimum of eighty (80) acres that is split-zoned I-3, I-1, and R-R, with not more than twenty percent (20%) zoned R-R;
(A) The property is located on and inside the Capital Beltway at an existing interchange with said Beltway;
47 Provided:
46 A Class 3 fill in existence as of October 7, 2003 that is operating pursuant to any validly issued grading permit, and is not in violation, shall be permitted to continue in operation as a matter of right, but is limited to the fill area established by any previously issued grading permit, not to exceed two (2) renewals of the permit. Those fill operations that are in violation on October 7, 2003 have until December 31, 2003 to comply, or their permit is void. (CB-8-2003; CB-87-2003)
All commercial parking lot or garage operations on the property shall cease by September 1, 2008. (CB-43-2002)
(C) The location and design of the parking structure provide for ample pedestrian ways, landscaping, lighting, and other amenities, to create direct and pleasant connections between the structure and the WMATA station.
(B) The proposed parking structure will not prevent the achievement of Transit Oriented Development goals in the neighborhood surrounding the WMATA station; and
(A) The site plan meets all I-3 Zone requirements;
45 The property shall lie within one-quarter (1/4) mile of an existing mass transit rail station operated by the Washington Metropolitan Area Transit Authority (WMATA). Permits may not be issued for the commercial parking structure until the Planning Board approves a Detailed Site Plan, as required in the I-3 Zone. The Planning Board shall find:
44 Except for new vehicle sales lots, the use shall be located on a tract of land containing a minimum of twenty-five thousand (25,000) square feet. All such uses on property less than twenty-five thousand (25,000) square feet in existence on September 1, 2002, may not be certified as nonconforming uses and must cease operations on or before August 31, 2005. (CB-33-2002)
(C) No food or beverage store may occupy more than ten thousand (10,000) square feet or one-third (1/3) of the property's net leasable building space, whichever is less. (CB-932001)
(B) The retail center lies on property that adjoins land in the R-18 Zone and has frontage on a road classified as an arterial on the applicable Master Plan; and
(A) The retail center is built and has one or more approved occupancy permits prior to October 1, 2001;
43 Provided:
42 Permitted as an accessory use to a gas station located within an industrial park, provided the uses are located within the same building. (CB-92-2001)
41 Permitted as an accessory use to a gas station located within an industrial park. (CB-92-2001)
40 A business limited to truck storage, maintenance, and repair only, with associated administrative offices, is permitted by right. Transporting of any items to or from the site is prohibited. (CB-13-2000)
39 Townhouses shall comply with the design guidelines set forth in Section 27-274(a)(11) and the regulations for development set forth in Section 27-433(d). (CB-89-1999)
38 Reserved.
(D) No structure may be erected except for paving, and with the exception of one structure not to exceed 6,000 square feet gross floor area which is architecturally compatible with the surrounding neighborhood. (CB-73-1997)
(C) The property on which the expansion will be located is adjacent to a public roadway; and
(B) The two contiguous adjacent lots are owned by the same individual(s); and
(A) The vehicle sales or rental lot is subordinate in area to, and is an expansion of, an existing permitted vehicle sales or rental use located on a contiguous adjacent lot in the I-1, I-2, or I-4 Zones; and
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54 Subject to Detailed Site Plan approval in accordance with Part 3, Division 9, of this Subtitle. Any fast-food restaurant operating pursuant to an approved Special Exception as of the effective date of CB-49-2005 shall remain valid, be considered a legal use, and shall not be deemed a nonconforming use. Such fast-food restaurants and their underlying special exceptions may be modified pursuant to the existing provisions relating to revisions or amendments to special exceptions generally and fast-food restaurants specifically as they exist
53 Businesses with a valid state license for check cashing issued prior to September 1, 2009 may continue as a matter of right and shall not be deemed nonconforming, regardless of a change in tenancy or ownership of the check cashing business. (CB-23-2009; CB-106-2012)
52 Does not include the sale of alcoholic beverages or hours of operation that extend beyond 10:00 P.M. (CB-8-2007)
(D) Upon the abandonment of a commercial fuel depot, all structures exclusively used in the business (including underground storage tanks), except buildings, shall be removed by the owner of the property. For the purpose of this footnote, the term "abandonment" shall mean non-operation as a commercial fuel depot for a period of fourteen (14) months after the services cease. (CB-68-2006)
(C) The Limited Detailed Site Plan shall demonstrate compliance with Section 27-358(a) (2),(3),(4),(5),(6),(8), and (10); and (b)(1),(2), and (3); and
(B) A Limited Detailed Site Plan shall be approved for the use in accordance with Section 27-286(a). The site plan shall address architecture, landscaping, lighting, and infrastructure which is essential to the development of the site including streets, utilities, and stormwater management facilities;
(A) The use is limited to property that has at least one hundred and fifty (150) feet of frontage on and vehicular access to at least one (1) road classified as a collector or lower classification on the applicable Master Plan and a minimum right-of-way width of sixty (60) feet;
51 Provided:
(D) The site is located within the Developed Tier as described in the General Plan. (CB-111-2004)
(C) The site abuts a railroad spur; and
(B) The site is not contiguous to any land used for residential purposes;
(A) The site on which the use is located is within an existing industrial park containing a minimum of five (5) acres;
50 Permitted use without the requirement for a Special Exception provided:
(F) Outdoor storage is prohibited unless approved on a Detailed Site Plan and screened from surrounding properties. (CB-92-2004)
(E) The development shall be subject to the approval of a Detailed Site Plan, but not a Conceptual Site Plan. Noise, landscaping, buffering or uses from adjoining residential properties, and preservation and interpretation of any archeological or paleontological resources shall be addressed at the Detailed Site Plan stage.
(D) The development shall comply with the regulations applicable to the I-1 Zone set forth in Section 27-474, except that the setback from any residentially-zoned property shall be fifty (50) feet.
(C) The development shall not be subject to the requirements of Section 27-471(f)(2) or (g).
(B) The development adjoins properties in the I-1 and I-2 Zones and a railroad right-of-way at the time of Preliminary Plan approval.
(A) The use is located within a development with no less than fifty (50) acres included in the Preliminary Plan.
49 Provided:
48 Subject to the approval of a Detailed Site Plan in accordance with Part 3, Division 9, of this Subtitle. (CB-70-2004)
(E) The site plan shall include at least two (2) stores containing one hundred thousand (100,000) square feet or more of gross floor area. (CB-65-2003; CB-19-2005)
(D) A Detailed Site Plan shall be approved in accordance with Part 3, Division 9, of this Subtitle; and
(C) The property is proposed for employment uses in the most recently approved applicable Master Plan;
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(F) In the event an electronic recycling facility fails to obtain the required certification within twelve (12) months after the issuance of the use and occupancy permit, or fails to maintain such certification, the Department of Environmental Resources shall revoke the use and occupancy permit and operations must cease until the certification is obtained. . . (CB-91-2012)
(E) Following initial certification, each electronic recycling facility shall certify to the Department of Environmental Resources in January of each calendar year that the permitted facility is certified under the R2 or equivalent approved standard; and
(D) Within twelve (12) months after issuance of any use and occupancy permit to an electronic recycling facility, the occupant shall obtain, and at all times thereafter, maintain certification under the most recently adopted Responsible Recycling (R2) standard, e-steward standard, or an equivalent standard determined by the Department of Environmental Resources to meet or exceed these standards;
(C) The use and occupancy permit application shall include an operations plan and checklist indicating the methods by which the facility intends to comply with the approved certification standard;
(B) The facility shall not accept material from individual residents and shall not operate as a public drop-off center;
(A) All operations shall be confined to the interior of a wholly enclosed building. There shall be no outdoor storage and/or unattended drop offs of materials or equipment;
58 Permitted without a special exception provided:
(B) The facility is approved for acceptance of Municipal Solid Waste generated in Prince George's County pursuant to the Prince George's County FY 2002-2011 Ten Year Solid Waste Management Plan. (CB-76-2012)
(A) The site on which the use is located is operating as a an existing construction and demolition processing and recycling facility within five miles of access to a State Highway of arterial classification or higher; and
57 Permitted use without the requirement of a Special Exception provided:
56 Any existing establishment in the I-1 or U-L-I Zone with a valid use and occupancy permit for an auditorium, private club or lodge that included activity that meets the definition of "adult entertainment" may continue upon approval of a Special Exception. Applications for adult entertainment must be filed and accepted by June 1, 2012. (CB-56-2011)
55 Any private automobile and other vehicle auction operating in the I-1 Zone prior to January 1, 2011, shall not be certified as a nonconforming use and shall meet the requirements of Section 27-475.06.07.(b), (c), and (d). If the use is not brought into conformance with these requirements within the prescribed two-year time period, the property owner shall cease all auction operations on the property. (CB-59-2010)
in the Zoning Ordinance. (CB-19-2010; CB-46-2010)
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Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
C-C
102,3,4
C-G
C-2
C-W
ZONE C-M
C-H
C-R-C
-
I-1
VII-96
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
From street with ROW exceeding 50 feet
04
1003
U-L-I
To be determined by the Planning Board in accordance with Division 6 of this Part
254,10
25
252
-
301
I-4
452
150
75
87,1201
I-3
From street with ROW of 50 feet or less
254,10
10
-
-
-
-
I-2
A maximum of 10 feet or the average of the setbacks of the main buildings on the block, whichever is greater, unless modified by the Planning Board in accordance with Division 6 of this Part
In General
From Street1 254,10
10
Minimum green area (% of lot area)
Minimum Setbacks (feet)
-
Maximum building coverage (% of net lot area)
Building Coverage and Green Area
-
C-1
On a street other than a cul-de-sac
C-S-C
-
C-A
On a cul-de-sac
Minimum Lot Frontage (feet)
Minimum Net Lot Area (square feet)
PRINCIPAL STRUCTURES
C-O
DIMENSIONAL STANDARDS – COMMERCIAL AND INDUSTRIAL ZONES
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
C-2
C-W
ZONE C-M
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VII-97
252,3,4 or the buffer required in the Landscape Manual, whichever is greater
Rear yard
or the buffer required in the Landscape Manual, whichever is greater
12
Side yard
All yards 2,3,4
252,3,4 or the buffer required in the Landscape Manual, whichever is greater
Rear yard
From rear lot line of adjoining land in any Residential Zone (or in commercial zones, land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan):
12
or the buffer required in the Landscape Manual, whichever is greater
2,3,4
2,3,4
C-G
Side yard
All yards
From side lot line of adjoining land in any Residential Zone (or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone (for commercial zones), or any approved Conceptual or Detailed Site Plan): 2,3,4
C-C
10
C-1
From all streets except freeways
C-S-C 10
C-A
From freeway
C-O
C-H
DIMENSIONAL STANDARDS â&#x20AC;&#x201C; COMMERCIAL AND INDUSTRIAL ZONES
C-R-C
206,10
20
6,10
-
206,10
20
6,10
-
-
-
I-1
206,10
20
6,10
-
206,10
20
6,10
-
-
-
I-2
-
-
501,3,10
-
-
501,3,10
30
9,10,11
50
9,10
I-3
7510
7510
-
7510
7510
-
-
-
I-4
In accordance with Part 4.7 of the Landscape Manual,
In accordance with Part 4.7 of the Landscape Manual, unless modified by the Planning Board in accordance with Division 6 of this Part
U-L-I
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
C-1
C-C
C-G
C-W
ZONE C-M
C-H
C-R-C
None, except where building is 30 feet high (or higher), a distance equal to 1/3 the total building height, or the buffer required in the Landscape Manual, whichever is greater3,4
7,10
7,10
None
30
5,6,10
-
None
30
5,6,10
-
I-1
7,10
None
30
5,6,10
-
7,10
None
30
5,6,10
-
I-2
10
None10
305
-
None
305
-
I-4
The The height8,10,11 height8,10 of of the taller the taller building building
-
-
202,3,10,11
-
-
202,3,10,11
I-3
351
None
None
unless modified by the Planning Board in accordance with Division 6 of this Part
U-L-I
Unless reduced for reasons of compatibility in accordance with Division 6 of this Part
3
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For property located within one mile of any land owned by the Washington Metropolitan Area Transit Authority and used as a rail transit station with the exception of property located in a Development District Overlay Zone or a Transit District Overlay Zone, the maximum percentage of building coverage shall be ninety percent (90%) and the minimum green area shall be ten percent (10%). (CB-15-2008)
2
VII-98
For a one (1) story building, only. Buildings exceeding a height of one (1) story must have a lesser lot coverage, in order to maintain a floor area ratio of 0.3 (or less).
Building Coverage and Green Area
The net lot area may be less than that required, if the lot was classified in the I-3 Zone either before October 31, 1977, or by a Sectional Map Amendment, provided the owner does not own abutting undeveloped property zoned I-3 that could be used to satisfy the required area.
Minimum Lot Area
C-2
1
1
C-S-C
None, except where building is 30 feet high (or higher), a distance equal to 1/3 the total building height, or the buffer required in the Landscape Manual, whichever is greater3,4
C-A
DIMENSIONAL STANDARDS TABLE NOTES - COMMERCIAL AND INDUSTRIAL ZONES
Maximum Building Height (feet)
Between unattached buildings
Rear yard
Side yard
All yards
From adjoining land in any other nonresidential zone
Rear yard
Side yard
All yards
From abutting land in a commercial or industrial zone
C-O
DIMENSIONAL STANDARDS â&#x20AC;&#x201C; COMMERCIAL AND INDUSTRIAL ZONES
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
Towers, poles, and antennae and supporting structures, excluding guy wires, shall be set back one-half (1/2) foot for each foot of structure height. (CB-8-1990; CB-123-1994)
If a building or structure is used for the housing or sale of animals or poultry, it shall be set back at least 25 feet from the street and from all lot lines, unless the Landscape Manual requires a larger buffer area.(CB-71-2001)
3
4
VII-99
Except a building shall not exceed the height of the main building on any adjoining property by more than twelve (12) feet, except in accordance with Division 6 of this Part.
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
1
Plus an additional set back equal to one third (1/3) of the total building height if the building is thirty (30) or more feet high.
2
Maximum Building Height
For this regulation, a street shall mean a right-of-way line, as shown on the current approved Master Plan, Functional Master Plan of Transportation or General Plan, Prince George's County Capital Improvement Program, or Maryland State Five (5) Year Highway Construction Program, whichever indicates the greatest right of way width. Any other street shall be deemed to have a right-of-way width of at least seventy (70) feet.
Minimum Setbacks
Unless required for reasons of compatibility in accordance with Division 6 of this Part
1
4
DIMENSIONAL STANDARDS TABLE NOTES - COMMERCIAL AND INDUSTRIAL ZONES
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
SE = Allowed as a Special Exception
P
(B) All other
X
P6
P9
V-L
P6
P9
V-M
R-M-H
R-P-C***
P
M-X-T
P
P
SE
M-X-C M-U-TC
SE
(iii) All others
SE
Boat sales, service, and repair, including outdoor storage of boats and boat trailers
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
X
Boa t storage yard
VII-100
P
Boat fuel sales at the waterfront
(B) Vehicle service:
SE
P
(B) Excluding drive-through service
(C) Of any type, including music and patron dancing past the hours of 12:00 A.M., excluding adult entertainment
P24
M-U-I
(A) With drive-through service
Eating or drinking establishments:
P
(ii) Within an office building
(i) Without entertainment (of any sort) other than music, and no patron dancing
P
P
X
P9
R-L
SE
X
P9
R-S
(iv) All others
X
P6
P9
R-M
(iii) Within a hotel
P9
R-U
P6
E-I-A
P
P
P
L-A-C
PB = Allowed as related, dependent, and secondary to a
(ii) Within an office building
(i) Within a wholly enclosed shopping mall, or department, variety, or drug
(C) Other than a drive-in or fast-food restaurant (which may include incidental carry out service, except where specifically prohibited):
store
(B) Fast-food restaurant
(A) Drive-in restaurant
Eating or drinking establishments:
P
M-A-C
ZONE
USE TABLE â&#x20AC;&#x201C; COMPREHENSIVE DESIGN, PLANNED COMMUNITY, AND MIXED USE ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
(A) Delicatessen
Eating or drinking establishments:
(1) Commercial:
PRINCIPAL USES
USE
P = Permitted
3. Comprehensive Design, Planned Community, and Mixed Use Zones
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
SE = Allowed as a Special Exception
(ii) All others (CB-76-1998; CB-114-2004) X
X
R-S
X
R-L
ZONE
P
V-L
P
V-M
R-M-H
R-P-C*** M-X-T
SE
(ii) All others
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
(B) All others
(A) On a parcel of at least 10 acres, with any structure located at least 200 feet from any existing or proposed Residential zone
SE
P
P
Vehicle parts or tire store including installation facilities, provided all sales and installation operations are conducted in a wholly enclosed building with no outdoor storage, (CB-21-1992)
P
(C) Rental of any other merchandise allowed to be sold in the respective zone
P
(B) Rental of boats
(A) Rental of motor vehicles or camping trailers(in the C-M Zone subject to the requirements of Section 27-417)
Rental business:
SP
(i) If existing prior to the adoption date of the M-U-TC Zone
Vehicle, boat, or camping trailer rental:
SE
Vehicle, mobile home, or camping trailer sales lot, which may include dealer servicing and outdoor storage of vehicles awaiting sale; but shall exclude the storage or sale of wrecked or inoperable vehicles, except as accessory to the dealership for vehicles which the dealership will repair2 (CB-95-1987; CB-87-2000; CB-26-2002)
SE
SE
SE
Vehicle lubrication or tune-up facility, provided all sales and installation operations are conducted in a wholly enclosed building with no outdoor storage
SE
P
M-U-I
SE
P
P
SE
M-X-C M-U-TC
Gas station in the CM Zone
VII-101
X
R-M
X
P6
R-U
(B) With or without a service center, and may include a car wash (CB-63-1992)
P
E-I-A
P
P
L-A-C
PB = Allowed as related, dependent, and secondary to a
(A) With or without a service center for minor repairs (placed underground or in a wholly enclosed structure)
Gas station (CB-39-1988):
M-A-C
USE TABLE â&#x20AC;&#x201C; COMPREHENSIVE DESIGN, PLANNED COMMUNITY, AND MIXED USE ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
(i) On a parcel of at least 10 acres with any structures located at least 200 feet from any land in any Residential Zone or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan
Car wash:
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
SE = Allowed as a Special Exception
P2
General Offices
P
Retail estate subdivision sales office
VII-102
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
X
P
P
P2,7
X
X
P
P
P2,7
X
X
P
1
P
P
SE
M-X-C M-U-TC
P
P
SE
P
SE
X
X
X
X
X
P
M-X-T
Animal training
X
X
X
X
X
R-P-C***
PB
X
X
X
X
X
P
X
R-M-H
(B) Inpatient
P
X
X
X
X
P
X
V-M
P
P
P6
P7
P30
X
X
ZONE V-L
(A) Outpatient
Veterinary clinic (CB-63-1992)
Animal hospital
(D) Services:
Retail sales and consumer service establishments
Office, except as otherwise provided
P
Medical practitioner's office/medical clinic (which may include private spa)
P
P2
X
Commercial office and storage for the design, marketing, furnishing, and inventory management of office equipment and systems (CB-19-1997)
Office of a certified massage therapist (CB-44-2000)
X
X
Check Cashing Business (CB-23-2009)
(B) All others
(A) Within an integrated shopping center and not exceeding 10% of the gross floor area of the center
Offices:
Offices, all types
(C) Offices:
X
X
X
R-L
P
M-U-I
SE
PB
P
SE
P
P
P
P
X
X
X
X
R-S
Private automobile and other motor vehicle auctions
X
X
R-M
X
P6
X
R-U
Vehicle towing station
P
P6
E-I-A
X
P
P
L-A-C
PB = Allowed as related, dependent, and secondary to a
Vehicle or camping trailer storage yard (CB-80-1996)
(B) For minor repairs and parts replacement, placed underground in an enclosed structure
X
M-A-C
USE TABLE â&#x20AC;&#x201C; COMPREHENSIVE DESIGN, PLANNED COMMUNITY, AND MIXED USE ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
(A) For major and minor repairs and parts replacement
Vehicle repair and service station:
Vehicle parts or tire store without installation facilities
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
P
P
P
P
P
P
P
P
P
P
SE11
SE11
X
P
X
P
P
P
P
P
P
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
VII-103
P
Funeral parlor or undertaking establishments
Key or locksmith shop
SE SP
Fortune telling
P
P
Employment agency
Household appliance or furniture repair shop
P
Electric or gas appliances, radio, or television repair shop
(C) Wholesale (may include retail service)
P
P
SE
P
P
P
X
X
X
P
X
X
X
P
X
X
X
P
P
P
X
X
3
P
(B) Retail, unrestricted
X
X
3
P
P
P
P
P
3
P
SE4
(A) Retail, gross floor area under 6,000 square feet (CB-85-2012)
X
P
(B) All others
Dry cleaning store or plant:
X
(A) Limited to pickup stations
Dry cleaning or laundry establishments:
Data processing facilities
Check Cashing Business (CB-23-2009)
P SE
(B) All others
P
Catering establishment:
(A) With a retail component
X
P
X
SE
P
P
P
P
SE
M-U-I
Carpet or rug shampooing establishment
P
X
P
P
P
M-X-C M-U-TC
Blue printing, photostating, or other photocopying establishment
X
P
M-X-T
P
X
P
R-P-C***
Blacksmith shop
X
P
R-M-H
P
P6
P
V-M
SE
X
P
ZONE V-L
(B) All others
P
R-L
(A) Nonmotorized only
Bicycle repair shop:
Barber or beauty shop (CB-53-1991)
6
R-S
P
R-M
P
R-U
P
E-I-A
Banks, savings and loan association, or other savings or lending institution
L-A-C
PB = Allowed as related, dependent, and secondary to a
Artist’s studio
M-A-C
USE TABLE – COMPREHENSIVE DESIGN, PLANNED COMMUNITY, AND MIXED USE ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
SE
SE = Allowed as a Special Exception
Kennel
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
SE = Allowed as a Special Exception
(C) All others
X
X
R-L
ZONE
X
V-L
X
V-M
R-M-H
R-P-C***
P
P
P
M-X-T
P
P6
P
6
SP
P
M-X-C M-U-TC
SP
VII-104
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
Pizza delivery service, limited to off-premises delivery with no eat-in, drive-in, or
Photography studio or darkroom
(B) All others
(A) Provided all animals are confined to the interior of the building and adequate measures are taken to control noise and odor (CB-24-2001)
P
P
P
P
P
SE
Newspaper publishing establishment
Pet grooming shop:
X SE
SE
SE
Model studio
SE
X
Methadone Treatment Center (CB-103-1993)
Massage establishment
(B) All others
(A) With storage of up to 10 limousines (not to include buses and vans), may include routine vehicle repair or servicing within a wholly enclosed building, with no outdoor storage
Limousine service: P24
SE
(B) All others
Lawn mower repair shop, provided all repairs are performed within a wholly enclosed building
P
X
X
P
P
P
P
P
M-U-I
(A) Nonmotorized only
Lawn mower repair ship:
X
X
R-S
(C) Wholesale (may include retail service)
X
R-M
P
X
R-U
P
P
E-I-A
(B) Retail, unrestricted
X
L-A-C
PB = Allowed as related, dependent, and secondary to a
(A) Retail, gross floor area under 6,000 square feet (CB-85-2012)
Laundry store or plant:
Laundromat
M-A-C
USE TABLE â&#x20AC;&#x201C; COMPREHENSIVE DESIGN, PLANNED COMMUNITY, AND MIXED USE ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
(B) Research, development, and testing laboratory (may include testing facilities and equipment)
(A) Medical or dental laboratory
Laboratory
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
X
E-I-A
X
R-U
X
R-M
X
R-S
X
R-L
ZONE
P
V-L
P
V-M
R-M-H
R-P-C***
P
M-X-T
P
M-X-C M-U-TC
P X
(C) For other small items (such as clothing)
(D) All others (except vehicle repair and service station)
X
X
X
X
X
X
X
X
X
X
X
X
X
P
5
P
P
P
P
5
P
P
P
P
P
P
P
P
P
P
P
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
(B) May include retail sales
(A) Must include retail sales
Bakery products, wholesale
Bait shop
Hobby shop (CB-39-1988)
Arts, crafts, and hobby supply store
(E) Trade (Generally Retail, Consistent with the Purposes of the Zone) such as:
VII-105
P
P
P
Upholstery shop
P
P
P
P
Travel bureau
Valet shop
P
Taxidermy (CB-30-1986)
P
P
P
P
P
Tattoo parlor (CB-10-2012)
P
PB
P
P
X
X
X
X
Tailor or dressmaking shop (may include incidental dyeing and pressing allowed as a "PB" use)
P
X
X
X
X
5
P
X
X
P
SE
P
X
P
M-U-I
Septic tank service
Sauna or steam bath
P
P
(B) For shoes
Research, all types
P
(A) For watches or jewelry
P
SP
(B) 2,000 square feet or greater
Repair shop:
P
(A) Less than 2,000 square feet
Printing shop:
P
X
L-A-C
PB = Allowed as related, dependent, and secondary to a
(B) Unrestricted in size with no carryout service (CB-83-1986; CB-102-2001)
M-A-C
USE TABLE – COMPREHENSIVE DESIGN, PLANNED COMMUNITY, AND MIXED USE ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
P
SE = Allowed as a Special Exception
(A) With carry-out service in a building with less than 2,500 sq. ft. of gross floor area
carry-out service
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
SE = Allowed as a Special Exception
X
R-U
X
R-M
X
R-S
X
R-L
ZONE
P5
V-L
P5
V-M
X
R-M-H
R-P-C***
P
M-X-T
P
M-X-C M-U-TC
X
X
X
X
X
X
X
X
X
X
X
P
X
X
X
X
X
X
P33
P
P
Florist shop (CB-53-1991; CB-10-1992)
VII-106
X
P
P
5
P
X
P
X
X
X
X
X
X
X
X
X P6
X
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
Food or beverage goods preparation for wholesale sales:
P
Firewood sales
Farm implement sales
X
Drug store (CB-39-1988)
P
(B) All others
Drug paraphernalia display or sales, pursuant to Section 27-115(a)(1)
P
(A) Not exceeding 85,000 sf of gross floor area
33
X
X
X
X
X
P
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
P
P
P5
X
X
P
P
P5
X
X
P
X
P
P
X
X
P
P
P
P
PB
(B) Wholesale
Department store
P
(A) Retail
Confectioner:
Commercial outlet for the sale or display of items produced on the premises
P 6
Clothing, dry goods, millinery, or shoe store
P
P
P
P
P
P
SE
P
SE
P
Carpet or floor covering store
Camera store
P
P
(B) All others
Buying of items within guest rooms and vehicles pursuant to Section 27-155(a)(2)
P
(A) Of products allowed to be sold in the zone
Bulk retailing( CB-83-2006)
(B) With outdoor storage on not more than 50% of the lot, provided it is enclosed by a slightly opaque wall or fence at least 8 feet high
(A) Wholly enclosed, except for nursery stock
Building supply store:
Bottled gas sales
Book, newspaper, or magazine store (except adult book store)
P
X
E-I-A
SE P5
L-A-C
P
P
X
P
X
SE
P
X
P
P
P
P32
X
P
P
P
SE
P
M-U-I
PB = Allowed as related, dependent, and secondary to a
(B) All others P
M-A-C
USE TABLE – COMPREHENSIVE DESIGN, PLANNED COMMUNITY, AND MIXED USE ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
(A) Nonmotorized, only
Bicycle (sales) shop:
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
P10
P10
P10
P4
P4
V-M
R-M-H
R-P-C***
P
M-X-T
P
M-X-C M-U-TC
P
5
X
X
X
X
X
P
5
P
5
M-U-I
P
X
Private automobile and other motor vehicle auctions (CB-59-2010)
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
P
X
VII-107
X
X
X
X
X
X
X
X
12
P
X
P
P
Pet (sales) shop, provided all animals are confined to the interior of the building and adequate measures are taken to control noise and odor (CB-63-1992)
Photographic supply store
SE
Pawnshop in accordance with Section 27-394.01 (CB-28-1997; CB-22-2010) P
X
P
P
P
P
P
X
P
P
Pawnshop in accordance with Section 27-250.1
P
SE
(B) 3,000 square feet or greater
Paint or wall covering store
SP
(A) Less than 3,000 square feet
Nursery and garden center, which may include the outdoor display of nursery stock, such as plants, shrubbery, and trees:
P
Newspaper, magazine, or tobacco shop
P
P
P
P
P P
SE
P
(CB-32-1986; CB-77-
P
P
P
P
SP
Lawn mower (sales) store
(B) Exceeding 50,000 square feet of gross floor area 1998)
(A) Not exceeding 50,000 square feet of gross floor area
p
P
Hardware store (CB-63-1992)
Household appliance or furniture store
P
Gift, jewelry, music, souvenir, or other specialty store not specifically listed
(B) 3,000 square feet or greater
(A) Less than 3,000 square feet
Garden supplies store, floricultural or horticultural nursery, which may include the outdoor display of nursery stock, such as plants, shrubbery, and trees:
(C) All others (CB-63-1992)
P P10
ZONE V-L
(B) Excluding liquor stores X
R-L
SP P4
R-S
(A) Liquor store
Food or beverage store:
P
R-M
X
R-U
SE
E-I-A
(C) All others
L-A-C
PB = Allowed as related, dependent, and secondary to a
(B) Containing 1,500 to 3,000 sf of gross floor area
M-A-C
USE TABLE â&#x20AC;&#x201C; COMPREHENSIVE DESIGN, PLANNED COMMUNITY, AND MIXED USE ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
P
SE = Allowed as a Special Exception
(A) Not exceeding 1,500 sf of gross floor area
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
SE = Allowed as a Special Exception
X
X
P
P
5
5
P5
P
4
P
P
5
5
P5
P
4
V-M
R-M-H
R-P-C***
P
P
M-X-T
X
P
P
P
M-X-C M-U-TC
P
X
Industrial metal, waste, rag, glass, or paper salvage operation
X
Maintenance or service yard
X
X
X
X
X
X
X
X
X
X
X
P
X
X
X
X
X
P
P
VII-108
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
(D) Electrical and electronic equipment and component parts for radio, television, telephone, computer, and similar equipment
P
P
X
X
X
X
X
X
(C) Drafting supplies and equipment
X
X
X
X
P
X
P
X
X
X
X
X
X
(B) Business machines
P
P
P
P
X
X
P
X
X
X
X
X
P
(A) Artist's supplies and equipment
Manufacturing, fabrication, assembly or repair of the following, from materials or parts previously produced elsewhere:
P
Laboratory, experimental testing, or film
16
X
Brewery or distillery
(2) INDUSTRIAL:
Waterfront Entertainment/Retail Complex, in accordance with Section 27-532.03 (CB-44-1997) X
P
Video game or tape store (CB-53-1991; CB-10-1992)
Wayside stand as a permanent use (CB-122-1986)
P
Variety or dry goods store
X
X
X
X
X
P
P X
ZONE V-L
Toy store X
X
X
X
R-L
P
X
X
X
X
R-S
(B) Including outdoor display, provided it is enclosed by a 6-foot high fence (subject to Section 27-388)
(A) Excluding outdoor display
Swimming pool or spa sales and service
X
X
X
X
R-M
P
X
X
X
R-U
P
X
X
X
E-I-A
Stationery or office supply store which may include the sale of furniture or business machines
P
5
P5
P
4
L-A-C
P
P
P
X
P
P
P
X
P
P
M-U-I
PB = Allowed as related, dependent, and secondary to a
Sporting goods shop, which may include marine equipment and supplies
Specialty shop (featuring hard or soft wares)
P
P
Seasonal decorations display and sales (as a permanent use)
Septic tank sales
P
Seafood market (CB-49-1987)
M-A-C
USE TABLE â&#x20AC;&#x201C; COMPREHENSIVE DESIGN, PLANNED COMMUNITY, AND MIXED USE ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
Retail shop or store (not listed) similar to one permitted (P) in zone
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
X X X
Vehicle salvage or wrecking operation
Warehouses and distribution facility
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
(3) INSTITUTIONAL/EDUCATIONAL:
Where not otherwise specifically permitted, any use allowed in the I-1 Zone (excluding those permitted by Special Exception) (CB-6-2007)
X
Research facility
X
X
Printing and lithographic shop
(E) Manufacturing involving primary production from raw materials
(D) Manufacturing and assembly of metal products, such as automobiles and appliances; structural steel fabricating shops, machine shops, forges, and foundries
X
X
(B) Manufacturing of electrical and electronic equipment and component parts for radio, television, telephone, computer, and similar equipment
(C) Manufacturing of food products
X
(A) Manufacturing, assembly or packaging of products from previously prepared materials, such as cloth, plastic, paper, and the like
Manufacturing activity, such as:
(P) Wearing apparel
(O) Watches, clocks, and similar timing devices
(N) Toys, sporting and athletic equipment (excluding ammunition, firearms, and fireworks)
(M) Surgical, medical, and dental instruments, devices, and supplies
(L) Small electrical household appliances (including televisions, but excluding refrigerators and the like)
X
X
X
X
X
X
X
X
VII-109
P
P
P
P
P
P
P
P
P
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
P
P10
X
X
X
X
X
X
X
X
X
X
X
M-X-C M-U-TC
P
P
P
P
P
13
M-X-T
P
R-P-C***
(K) Scientific and precision instruments, devices, and supplies
R-M-H
(J) Photographic equipment and supplies
V-M
P
X
ZONE V-L
(I) Photographic developing and processing establishment
R-L
P
R-S
(H) Optical equipment and supplies
R-M
P
R-U
P
E-I-A
(G) Musical instruments
L-A-C
M-U-I
PB = Allowed as related, dependent, and secondary to a
(F) Jewelry and silverware
M-A-C
USE TABLE â&#x20AC;&#x201C; COMPREHENSIVE DESIGN, PLANNED COMMUNITY, AND MIXED USE ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
P
SE = Allowed as a Special Exception
(E) Flex Space (CB-28-2012)
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
P
Nursing or care home (which may include private spa)
P
P
X
X
X
X
P
P
X
X
X
X
P
P
P
X
X
X
X
P
P
P
X
X
P
P
P
P
P
X
X
P
P
P
P
P
SE
P
M-X-T
P
P
P
P
P
P
X
P
P
P
P
P
P
SE
SE
SE
SP
X
X
P
P
P
P
P
P
P
VII-110
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
Private college or university
(H) All others15 (CB-23-1988)
SE
P
(F) Subject to Section 27-463
(G) In accordance with Section 27-541
P
SE
(D) Of business or trade, where the business or trade is permitted by Special Exception (SE) in the respective zone
(E) Tutoring establishment
P
(C) Of business or trade, where the business or trade is permitted (P) in the respective zone
P28
SE
P
P
SE
P
P
P
P
P
X
P
P
P
P
M-U-I
P
SP
SP
M-X-C M-U-TC
P
P
P
X
P
X
X
P
P
R-P-C***
P P
P
P
P
P
P
P
P
R-M-H
(B) School or studio for artistic or technical instruction (CB-2-2003)
P
P
X
X
P
P
P
P
V-M
(A) Driving school, automobile only
School, private:
P
X
School, private or public, all types (which may include private spas)
X
Institutional use of a medical, religious, or research nature (which may include private spa)
P
P
Hospital (which may include private spa)
(B) All others (CB-8-1998)
(A) A building containing no more than 7,000 square feet of gross floor area on a lot or parcel with not more than 1.5 acres for use by an organization providing benevolent services; any change in occupant or use shall require Detailed Site Plan approval by the District Council
Eleemosynary or philanthropic institution (excluding hospital)
(B) All others
(A) In accordance with Section 27-464.02(a)(1)(A)
P
P
ZONE V-L
P
(A) In accordance with Section 27-464.0212
P
R-L
Day care center for children (CB-23-1988; CB-44-1989)
P
R-S
P
P
R-M
P
R-U
Church or similar place of worship, convent, or monastery (CB-23-1988)
E-I-A
X
L-A-C
PB = Allowed as related, dependent, and secondary to a
Assisted Living Facility, subject to the requirements of Section 27-464.04 (CB-262002)
M-A-C
USE TABLE â&#x20AC;&#x201C; COMPREHENSIVE DESIGN, PLANNED COMMUNITY, AND MIXED USE ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
P
SE = Allowed as a Special Exception
Adult day care facility (CB-63-1992)
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
SE = Allowed as a Special Exception
X
P18
X
P18
R-M
X
P18
R-S
X
P18
R-L
ZONE
X
P18
V-L
X
P18
V-M
R-M-H
R-P-C*** M-X-T
X
P
SE
SE
M-X-C M-U-TC
X
Consolidated storage in accordance with Section 27-475.04 (CB-32-1988; CB-751998; CB-45-1999; CB-39-2004; CB-147-1986; CB-65-1989; CB-45-1999; CB-292000; CB-61-2003)
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
P
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
VII-111
P
X
X
X
X
X
X
P
X
Mixed-Use Planned Community; list of permitted uses is the same as in the M-X-T
X
P
Metro Planned Community (CB-35-1998)
Interim use involving minor improvements, as approved by the District Council either at the time of rezoning or upon later petition
X
X
X
X
X
X
(C) Including the fabrication (only within a wholly enclosed building) of plumbing, air conditioning, heating, carpentry and lighting (and the like) parts for installation off the site P
P
P
P35
X
X
X
X
X
(B) With outdoor storage of materials, located only in a side or rear yard; enclosed by a sightly, opaque wall or fence at least 8 feet high; with no storing of material higher than the fence; but excluding the use or outdoor storage of earthmoving or other heavy equipment, or outdoor storage of machinery
(A) With no outdoor storage of materials or equipment
X
X
(B) Al l others
Contractor's office (general) as a permanent use, including the businesses of siding, flooring, roofing, plumbing, air conditioning, heating, painting, carpentry, electrical work, landscaping, and the like, with buildings and uses accessory to the business (as well as the office) use:
X
(A) In accordance with Sections 27-260 and 27-261
Contractor's office (must include sanitary facilities), construction yard, shed, or building
X
Collection of recyclable materials:
X P
P18
R-U
Cemetery or crematory X
P18
E-I-A
SP
P18
L-A-C
X
X
P
SE
P
X
P
SE
SE
M-U-I
PB = Allowed as related, dependent, and secondary to a
Carpentry, cabinet making, or other woodworking shop
Buildings and uses, serving public health purposes, on land owned by Prince George's County, Maryland, upon which hospitals or health centers are located, except if otherwise allowed as a Permitted (P) use13 (CB-55-1988)
Auction house
Adaptive use of a Historic Site, when not otherwise allowed (CB-120-1989)
M-A-C
USE TABLE â&#x20AC;&#x201C; COMPREHENSIVE DESIGN, PLANNED COMMUNITY, AND MIXED USE ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
Adaptive reuse of a surplus public school, when not otherwise allowed
(4) MISCELLANEOUS:
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
P
X
P
R-L
ZONE
P
X
X
V-L
P
X
X
V-M
P
P
R-M-H
R-P-C***
P
P
P
M-X-T
P
X
X
M-X-C M-U-TC
19, 46
(CB-15-1990; CB-8-2003; CB-87-2003)
X
X
X
P
P
P
P
P
P
P
X
P
P
P
P
P
P
P
X
P
P
P
P
P
P
P
X
P
P
P
P
P
P
P
P
P
P
P
X
X
P
P
P
P
P
P
P
P
P
SE
P
P
P
P
P
P
SE
P
P
P
P
X
VII-112
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
(A) Within a wholly enclosed shopping mall
Amusement park:
Amusement center (CB-35-1994)
SE
P
SE X
P
P
P
P
P
P
P
(B) All others X
P
P
P8
P
P
P
P
P
P
P8
P
P
P
P
P
P
P
P
P
P
P
P
P
P
M-U-I
(A) Not exceeding 2,500 sf of gross floor area, with adult supervisions, etc.
Amusement arcade:
(6) RECREATIONAL/ENTERTAINMENT/SOCIAL/CULTURAL:
Voluntary fire, ambulance, or rescue station12,2,1,3 P
P
(B) All others
Sanitary landfill, rubble fill, or Class 3 fill
P
(A) Excluding government offices
Public buildings and uses:
P
P
(B) All others
Post Office
P
P
(A) Private
Library
Community building, except as otherwise provided
Ambulance service, private
(5) PUBLIC/QUASI PUBLIC:
Use which can be justified as similar to a listed allowed use1
Other uses of appropriate size, which can be justified as similar to one of the uses listed in this Section
P
P
X
P
R-S
SE
P
P
P
R-M
(C) If the merchandise sold is permitted by right
P
X
P
R-U
(B) If the merchandise sold is permitted by SE
P
X
P
E-I-A
SP
P
X
P
L-A-C
PB = Allowed as related, dependent, and secondary to a
(A) If the merchandise sold is permitted by SP
P
X
Rental of any merchandise allowed to be sold in the zone:
P
M-A-C
USE TABLE – COMPREHENSIVE DESIGN, PLANNED COMMUNITY, AND MIXED USE ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
Regional Urban Community (CB-29-2008)
SE = Allowed as a Special Exception
Mobile home, with use for which amusement taxes collected13
Zone (CB-13-2002)
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
SE = Allowed as a Special Exception
X
P
X
X
P
X
X
V-M
R-M-H
R-P-C***
P
M-X-T
P
P
SP
M-X-C M-U-TC
X
P
X
M-U-I
P
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
Tennis, basketball, handball, or similar court (indoor or outdoor) commercial or
(B) All others (CB-47-1995)
(A) Privately owned and commercially operated on land leased from, and owned by, a public agency
Courts (indoor) (tennis, handball, racquet-ball, or volleyball): P
P
Community building
Convention center
X
Commercial recreational attraction (CB-93-1994)
(B) Nonprofit
(A) Private (CB-53-1991; CB-10-1992)
Club or lodge
(B) All others
(A) On a parcel of at least 10 acres and all structures located at least 200 ft form any existing or proposed Residential zones
Bowling alley
Boat ramp
P
P
P
X
VII-113
X
X
X
X
X
X
P
X
X
P
P
X
X
X
X
X
P
X
SE26 P
X
X
P
P
P
X
P
P
P
X
P
P
P
X
SP
SP
SE
SE
P56
P
P
SE
P
P
P
X
X
ZONE V-L
SE
X
X
X
R-L
Billiard or pool parlor
P
X
X
R-S
Beach
Auditorium
(B) All others
P
X
P
R-M
SE
X
X
R-U
(A) With no seating or nonpermanent bleacher-type seating for no more than 100 spectators
X
X
E-I-A
P
X
P
L-A-C
PB = Allowed as related, dependent, and secondary to a
Athletic field:
(B) All others (CB-53-1995)
X
M-A-C
USE TABLE â&#x20AC;&#x201C; COMPREHENSIVE DESIGN, PLANNED COMMUNITY, AND MIXED USE ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
(A) On a tract of land greater than 150 contiguous acres, (which may include land in any other zone where the use is permitted by right), such land having been leased or purchased from a public agency
Arena (stadium):27
Archery or baseball batting range
(B) All others
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
SE = Allowed as a Special Exception
R-S
R-L
ZONE
SE
24
V-L
SE
24
V-M
P
R-M-H
R-P-C***
P
M-X-T
X
M-X-C M-U-TC
X
X
X
X
P SE
P P34
P
X
P
X
P
SP
VII-114
P
P
P
P
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
Recreational campground:
Race track
Public or quasi-public recreational use
Private club or service organization
(B) In accordance with Section 27-464.05 (CB-12-2001)
(A) In accordance with Section 27-548.01.03 (CB-12-2001)
Performance arts center
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
SP
X
SP
P
P
P
P
Other outdoor recreational area
P
P
P
P P
P
P
SE
SE
P
P
P
(B) All others
P
SE
SE
P
Park or playground
(A) Noncommercial
Museum, art gallery, aquarium, cultural center, or similar facility (noncommercial)
Miniature golf course
SE
X
X
(B) All others (CB-72-1987; CB-34-1989)
P
X
P
X
X
(A) In accordance with Sections 27-371.01(a) and 27-548.01.01
Marina:
Indoor theater or recital hall
P
X
Golf course conference/hotel complex (CB-45-2002)
Golf driving range
P
Golf course (CB-10-1992)
SE
Golf course or country club (CB-63-1992)
P
X P
P
Go cart track
P
P
M-U-I
Fishing pier
Exhibition halls and facilities
SP
P
R-M
(C) With a temporary removable cover (bubble)
P
R-U
P
P
E-I-A
SP
P
L-A-C
PB = Allowed as related, dependent, and secondary to a
(B) Outdoor
M-A-C
USE TABLE – COMPREHENSIVE DESIGN, PLANNED COMMUNITY, AND MIXED USE ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
(A) Indoor (within a permanent wholly enclosed building)
noncommercial (CB-63-1992)
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
SE = Allowed as a Special Exception
P
X
X
P
X
X
X
X
P
X
P
X
V-M
SE
SE
R-M-H
R-P-C***
P
M-X-T
P
P
X SE24
X SE24
P
P
P
P
P
P
P
P
SE
M-X-C M-U-TC
P
(C) All others
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
All other outdoor recreation or entertainment, with a temporary removable cover
VII-115
X
P
P
P
P
X
X
P
P
P
P
X
X
P
P
P
P
X
X
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
SE
SP
SP
SE
PB
SP
X
X
P
P
P
P
X
SE
X
X
X
X
X
SE
(C) With a temporary removable cover (bubble)
P
P
P
P
P
P
SP
(B) Outdoor
(A) Indoor (CB-53-1991; CB-10-1992)
P
P
(B) Indoor
Theater
P
P
P
(A) Community
Swimming pool:
(C) Any type
(B) Public
(A) Community
Spa:
(B) All others (CB-89-1994; CB-47-1995)
(A) Privately owned and commercially operated on land leased from, and owned by, a public agency
Skating facility:
X
X
X
X
X
ZONE V-L
SE
SE
X
X
X
X
R-L
(B) Outdoor
P
X
P
X
X
R-S
(A) Indoor
P
X
Riding stable (CB-10-1992; CB-39-1998)
Rifle, pistol, or skeet shooting range:
P
Reducing/exercise salon or health club (CB-9-2003; CB-102-2004; CB-110-2012)
P
X
X
R-M
P
X
X
R-U
(C) All others
P
P
E-I-A
P
P
X
L-A-C
P
P
P
P
P
P
P
P
X
SE
X
P
SE
SE
M-U-I
PB = Allowed as related, dependent, and secondary to a
(B) Of a commercial nature
(A) Located within a building (which may include public spa)
Recreational or entertainment establishment:
(B) [As a permanent use]
X
M-A-C
USE TABLE – COMPREHENSIVE DESIGN, PLANNED COMMUNITY, AND MIXED USE ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
(A) As an interim use (involving minor improvements), provided it is approved by the District Council on the Basic Plan
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
SE = Allowed as a Special Exception
P
P
P
P
X
P
P
X
P31
P
X
P23
P23
X
P23
P23
X
P
P
SP
SP
SP
M-X-C M-U-TC
P7
P
P
SP
SE
M-U-I
VII-116
P
X
X
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
P
Dwelling, three-family (CB-53-1991)
X
P
X
P
X
P
X
P
X
X
P
X
P P2
P2,5
Dwelling, quadruple-attached ((CB-83-1997) X
P2
Dwelling, one-family semidetached
Dwelling, storefront (CB-53-1991)
P
P
X
Dwelling, one-family detached
Dwelling, multifamily (CB-71-1991; CB-10-1992; CB-99-1997)
P
X
X
X
M-X-T
SP P
P
X
R-P-C***
(B) All others P
P
P
X
R-M-H
(A) Within a building containing commercial uses on the first floor
Dwelling unit:
Dwellings, all types (except mobile homes) (CB-56-1996)
Dwelling (any type, except mobile home, multifamily, three-family, two-family, and storefront)29, outside a Planned Environmental Preservation Community (CB-531991; CB-71-1991; CB-10-1992; CB-56-1996; CB-35-2003)
Dwelling, provided that it was legally erected prior to the date upon which the property was classified in the M-U-TC Zone, or was legally erected in the M-U-TC Zone under prior regulations
Country inn (CB-94-2010)
X
X
V-M
X 36
P
ZONE V-L
Conservation subdivision pursuant to Section 24-152 of Subtitle 24 (CB-6-2006)
P
R-L
SE
P
R-S
Congregate living facility for not more than 8 elderly or physically handicapped residents (CB-90-1985)
P
R-M
P
X
R-U
Congregate living facility for more than 8 elderly or physically handicapped residents (CB-90-1985)
P
E-I-A
P
P
L-A-C
PB = Allowed as related, dependent, and secondary to a
Boardinghouse
Assisted living facility (CB-78-1996)
(B) In accordance with Section 27-445.09 (CB-12-2001)
(A) In accordance with Section 27-548.01.03 (CB-12-2001)
Artists' residential studios:,
M-A-C
USE TABLE â&#x20AC;&#x201C; COMPREHENSIVE DESIGN, PLANNED COMMUNITY, AND MIXED USE ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
Apartment housing for the elderly or physically handicapped
(7) RESIDENTIAL/LODGING:
(bubble)
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
SE = Allowed as a Special Exception
P
P
P
X
P
P
P
P
SE
SP
SE
P
X
P
P
P78
Townhouse, if located within a designated Revitalization Tax Credit District (CB-1122004)
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
(8) RESOURCE PRODUCTION/RECOVERY:
Townhouses or Multi-Family Units (CB-97-2005)
P2,5
Townhouse, shown on a preliminary plan of subdivision approved pursuant to part 4A. (CB-47-1996)
Townhouse, all others (CB-84-1990; CB-47-1996; CB-37-2005)
VII-117
X
P
P
P
X
X
X
X
P
X
P2
M-U-I
SE
X
X
X
X
P
P
M-X-C M-U-TC
Tourist home (CB-63-1992)
X
P28
X
X
P
X
M-X-T
Rooming houses
X
P28
X
X
P
R-P-C***
P
P
P28
X
X
P
P
21
X
R-M-H
Residential Revitalization: Comprising any form of proposed multifamily, attached one-family or detached one-family dwellings, in a Residential Revitalization project, as shown on a Detailed Site Plan approved in accordance with Section 27-445.10 (CB-58-2001)
X
X P28
P11 X
X
P11
P
P
21
X
V-M
SE
X
P
28
P
X
28
X
X
P
P
P
ZONE V-L
Planned retirement community (CB-53-2005; CB-4-2013)
Planned Environmental Preservation Community (CB-35-2003
Opportunity housing dwelling units (CB-66-1991)
Mobile home dwelling
Mixed Retirement Development (CB-78-1996)
(B) All others
(A) In an industrial park having a gross tract area of at least 25 acres (CB-972004)
Hotel or motel (CB-16-1987; CB-39-1988):
P
P
P
R-L
P
P
P
P
R-S
Group residential facility for up to 8 mentally handicapped dependent persons (CB29-2012)
P
P
R-M
SE
X
P
R-U
Group residential facility for more than 8 mentally handicapped dependent persons, or for 5 or more other dependent persons (CB-29-2012)
P
X
E-I-A
SE
P
P
L-A-C
PB = Allowed as related, dependent, and secondary to a
Fraternity or sorority house
(B) All others (CB-72-1989; CB-10-1992)
19
P
M-A-C
USE TABLE â&#x20AC;&#x201C; COMPREHENSIVE DESIGN, PLANNED COMMUNITY, AND MIXED USE ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
(A) Subject to the provisions of Section 24-138.01 of Subtitle 24 (CB-25-2002)
Flag lot development:
Dwelling, two-family (CB-53-1991)
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
SE = Allowed as a Special Exception
SE
Surface mining (CB-10-1992)
P P P
Helistop (CB-63-1992)
Automobile rental
Bus station or terminal
X
X
X
X
X
X
SE
X
X
X
P
R-M
X
X
X
X
X
X
SE
X
X
X
P
R-S
X
X
X
X
X
X
SE
X
X
X
P
R-L
ZONE
X
X
X
X
X
X
SE
22
X
SE
X
X
X
X
X
X
SE
22
X
SE
25
SE25
SE25
25
P
V-M
P
V-L
X
SE
SE
SE
SE
SE
P
R-M-H
R-P-C***
X
P
P
P
M-X-T
X
P
SE
SE
SP
SE
SE
M-X-C M-U-TC
VII-118
X
X
X
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
Private passenger vehicles
Parking of mobile home not otherwise provided for
Parking of mobile home in public right of-way
14
X
X
X
X
X
X
P
X
X
X
SE X
X
X
X
X
X
SE
X
X
X
P
R-U
(B) All others X
X
X
P
P
P
SE
P
P
X
P
E-I-A
SP
X
X
X
X
X
X
SE
X
X
X
P
L-A-C
X
X
SE
P
P
SE
SE
SE
SE
P
SE
P
M-U-I
PB = Allowed as related, dependent, and secondary to a
(A) With shuttle service to Metro, MARC, or similar mass transit service
Parking lot, commercial:
Parking garage, commercial
X
P
Heliport
Passenger transportation station or depot (such as rapid transit station, bus stop, taxi or auto rental stand)
X
Airport, airpark, airfield, or airstrip
(9) TRANSPORTATION/PARKING/COMMUNICATIONS/UTILITIES:
X
X
X
Sand and gravel wet-processing
(E) All others, except the raising of animals or fowl
(D) All others, except the raising of animals or fowl for commercial purposes
(ii) All others
(i) On lots under 20,000 square feet not adjoining occupied residentiallyzoned property38 (CB-71-2001)
(C) Animal or poultry raising
(ii) All others
(i) On lots under 20,000 square feet not adjoining occupied residentiallyzoned property38 (CB-71-2001)
(B) The raising of animals or fowl for commercial purposes (CB-10-1992)
P
M-A-C
USE TABLE – COMPREHENSIVE DESIGN, PLANNED COMMUNITY, AND MIXED USE ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
(A) Floriculture, horticulture, or gardening (may include private noncommercial greenhouse)
Agricultural uses:
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
SE = Allowed as a Special Exception
X
X
R-M
X
R-S
X
R-L
ZONE
X
V-L
X
V-M
R-M-H
P
P
(D) Unmanned, self-contained telecommunications electronic equipment enclosures not more than 350 square feet in area, not more than 12 feet in height, having parking and access easements for one (1) vehicle where necessary, with minimum on-site visits of personnel, provided the enclosure is entirely surrounded with screening material. These structures must be used exclusively for the purpose of providing advanced communications services7
(E) All other public utility uses or structures, except wireless telecommunications
P
P
P
P
P
P
P
P
P
P
P
P
X
P
P
P
X
P
P
P
SE
P
P
P
P SE
(ii) Without restriction, but subject to normal site plan review procedures
(D) Towers and related buildings for wireless telecommunications (CB-62-2000)
P SE
(ii) Maximum of 150 feet
(iii) Exceeding 150 feet (CB-123-1994; CB-103-1997)
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
P
(i) Maximum of 100 feet
(A) Commercial purposes10:
Tower, pole, or antenna (electronic, radio or television, transmitting or receiving) except a public utility or wireless telecommunications structure or a satellite dish antenna:32
SE
P
VII-119
SE
P
P
X
X
X
X
X
X
X
X
X
SE
SE
X
X
X
SE
SE
X
X
X
X
X
X
X
X
X
X
P
SE
P
SE
P
P
P
P
SE
P
P
P
P
P
P
P
P
M-U-I
SE
SE
SE
SE
P
P
SE
SE
P
P
P
P
P
P
X
P
M-X-C M-U-TC
Monopoles and related equipment buildings and enclosures, in accordance with Section 27-464.03 (CB-65-2000)
SE
SE
P
P
P
P
P
P
X
P
M-X-T
P
P
P SE
R-P-C***
Antennas and related equipment buildings and enclosures, other than satellite dish antennas, in accordance with Section 27-464.03 (CB-65-2000)
SE
P
P
(i) In accordance with Section 27-445.04
(C) All other antennas, poles, and related buildings for wireless telecommunications:
SE
P
P
P
P
(ii) All others (CB-61-1988)
P
P
P
P
P
P
P
P
(i) In accordance with Section 27-541.03
(F) Whip antenna and related equipment building for mobile telephone transmission:
P
(C) Underground pipelines and electric power and telephone lines; structures commonly known as “telephone poles”
P P
R-U
X
X
E-I-A
(B) Railroad yard, roundhouse car barn, or freight station
X
L-A-C
PB = Allowed as related, dependent, and secondary to a
(A) Railroad tracks (but not yard) and passenger stations
32
M-A-C
USE TABLE – COMPREHENSIVE DESIGN, PLANNED COMMUNITY, AND MIXED USE ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
Public utility or wireless telecommunications use or structure:
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
P
(ii) Exceeding 150 feet (CB-123-1994; CB-103-1997)
X
P
P
X
P
P
P
X
P
P
P
R-L
ZONE
X
P
P
P
V-L
X
P
P
P
V-M
X
P
P
P
R-M-H
R-P-C***
SE
P
P
M-X-T
X
X
X
X
X
X
SE
P
P
P
X
X
X
X
X
X
X
X
X
P6
X
P
P6
X
P
P
P
P
P
P
VII-120
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
Self-service, coin operated, automatic car wash as an accessory use to the permitted use of a commercial parking lot, with shuttle service to Metro and located within two (2) miles of a Metro station (CB-76-1998)
P
P
X
X
X
Bus maintenance, accessory to private school or church (CB-11-1991)
P6
P
X
P
P
X
X
Boat sales, service, and repair, including outdoor storage of boats and boat trailers accessory to a marina
Restaurant other than a drive-in or fast-food restaurant (which may include incidental carry out service, except where specifically prohibited), as accessory to an allowed use P
X
Trucking or motor freight station
ACCESSORY USES
P
Telegraph or messenger service
P
X P
(C) With cab repair or servicing within a wholly enclosed building (CB-50-1987)
Taxicab stand
SE
X
P
P
P
P
(B) With cab storage
X
X
P
SE
SE
P
P
SE
P23
M-U-I
P
X
X
X
X
SE
P
P
M-X-C M-U-TC
(A) Without cab storage, repair, or servicing
Taxicab dispatching station
Storage of any motor vehicle which is wrecked, dismantled, or not currently licensed, except where specifically authorized17 (CB-4-1987)
P X
P
P
P
R-S
(B) All others X
P
P
P
R-M
P
X
P
P
P
R-U
(A) Without tower
X
P
(i) Maximum of 150 feet
Radio or television broadcasting studio
P
(i) Maximum of 100 feet
(B) Nonprofit, noncommercial purposes (CB-39-1984; CB-94-1984; CB-133-1984; CB-33-1985; CB-123-1994; CB-103-1997; CB-62-2000) P
E-I-A
SP
L-A-C
PB = Allowed as related, dependent, and secondary to a
(v) Attached to a roof, exceeding 40 feet above the height of the building (CB-123-1994)
M-A-C
USE TABLE â&#x20AC;&#x201C; COMPREHENSIVE DESIGN, PLANNED COMMUNITY, AND MIXED USE ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
P
SE = Allowed as a Special Exception
(iv) Attached to a roof, not exceeding 40 feet above the height of the building (CB-123-1994)
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
P
P P
(E) Warehouse
(F) All others
X
Guest house (CB-53-1991; CB-10-1992)
P
(B) All others
SE
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
(B) Over 10 feet in diameter to serve only dwelling unit
1
(A) Up to 10 feet in diameter to serve only1 dwelling unit
P
P
Parking lot or garage, or loading area, in accordance with Part 11
Satellite dish antenna, in accordance with Section 27-488.01:
P
Signs identifying the principal use, in accordance with Part 12
Sign in accordance with an approved Development Plan
P
(A) Except in multifamily dwellings
Home occupation
P
Garage or other structure commonly associated with a dwelling
P
P
(D) Office
(CB-11-1991; CB-10-
P
(C) Laboratory
Cemetery, accessory to a church, convent, or monastery 1992)
X
(B) Conveyor system
20,9
P
(A) Community and private spa
Accessory structures and uses:
Accessory structures and uses, except as otherwise provided
SE
P
P
P
P
P
X
P
P
P
P
P
X
X
P
P
VII-121
SE
P
P
P
X
X
X
X
P
P
P
P
P
P
X
X
SE
P
P
P
P
P
X
P
P
P
X
X
X
X
X
P
SE
P
P
P
P
P
X
P
P
P
X
X
X
X
X
P
SE
P
P
P
P
P
X
P
P
P
X
X
X
X
X
P
SE
P
P
P
P
P
X
P
P
P
X
X
X
X
X
P
SE
P
P
P
P
P
P
P
P
P
X
P
X
X
P
P
SE
P
P
P
P
P
P
P
P
P
X
P
X
X
P
P
P
P
P
P
P
P
P
Family day care
P
R-M-H
P
P
V-M
P
P
ZONE V-L
Small group child care center (CB-131-1993)
P
R-L
P
P
R-S
Day care center for children, accessory to a publicly-owned recreational facility, a school, a surplus school building, improved property (other than a school) that is under the control of the Board of Education, a church, or a public building, in accordance with Section 27-541.028 (CB-23-1988; CB-44-1989) P
R-M
R-P-C***
P
P
P
P
P
P
P
M-X-T
P
P
P
P
P
P
P
M-X-C M-U-TC
P
P
SP
P
P
R-U
SP
E-I-A
Office accessory to an allowed use
L-A-C
P
P
P
P
P
P
P
P
P
M-U-I
PB = Allowed as related, dependent, and secondary to a
Automatic teller
M-A-C
USE TABLE â&#x20AC;&#x201C; COMPREHENSIVE DESIGN, PLANNED COMMUNITY, AND MIXED USE ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
SE
SE = Allowed as a Special Exception
Incidental automobile service in a parking garage
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
SE = Allowed as a Special Exception
P
R-M P
R-S P
R-L
ZONE
P
V-L P
V-M
P
R-M-H
P
P
Noncommercial community social/recreational facilities, which are intended exclusively for the sole use of residents of the mobile home community and their bona fide guests, which may include such uses as parks, playgrounds, athletic fields, community buildings, golf courses, community swimming pools, community spas, tennis, handball, and basketball courts, and pedestrian and bicycle trails, but may not include such uses as sports stadiums or arenas, shooting ranges and bowling alleys
Spa, private
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
P
(B) If parked on the premises, having a maximum manufacturer's gross vehicle weight specification of 8,500 pounds, no advertising (other than a firm name or
VII-122
P
P
(A) If parked within a wholly enclosed private parking garage, having a maximum manufacturer's gross vehicle weight specification of 17,000 pounds, and which may include unlimited advertising on the vehicle; or
Not more than 1 commercial vehicle (per mobile home lot):
Buses on the same lot with, and accessory to, a principal use, such as a school or church5
Swimming pool, accessory to a hotel or motel
(B) All others
(A) Completely enclosed by a wall or fence at least 6 feet high, located only in the rear yard, and not closer than 8 feet to the rear lot line
P
P
P
PB
(C) Accessory to a commercial swimming pool
Swimming pool (private)
P
P
P
X
M-X-C M-U-TC
PB
P
P
X
M-X-T
(B) Accessory to a reducing/exercise salon or health club
R-P-C***
(A) Accessory to a hotel or motel
P
P
Service buildings for management and maintenance of community
Spa, public
X
Buying of items within guest rooms and vehicles, pursuant to Section 27-115(a)(2)
P
P
R-U
(C) All others (CB-19-1985)
P
E-I-A
SE
P
L-A-C
P
P
P
P
P
P
M-U-I
PB = Allowed as related, dependent, and secondary to a
(B) Over 10 feet in diameter to serve only dwelling unit
1
(A) Up to 10 feet in diameter to serve only1 dwelling unit
P
M-A-C
USE TABLE â&#x20AC;&#x201C; COMPREHENSIVE DESIGN, PLANNED COMMUNITY, AND MIXED USE ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
Satellite dish antenna, in accordance with Section 27-536.01:
(C) All others (CB-19-1985)
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
SE = Allowed as a Special Exception
P
P
R-M
P
R-S
P
R-L
ZONE
P
V-L
P
V-M
R-M-H
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
Farmer's market or flea market as a temporary use, in accordance with Sections 27260 and 27-261 (CB-63-1998)
(B) All others
(A) In accordance with Sections 27-260 and 27-261
Real estate subdivision sales office as a temporary use:
Firewood sales as a temporary use, in accordance with Sections 27-260 and 27-261
TEMPORARY USES
VII-123
P
P
P
P
P
P
P
SE
P
P
P
Employees' recreational facilities (private, nonprofit) accessory to an allowed use
P
PB
Wholesaling of products incidental to the retail sales of the products on the premises
P
P
Storage, wholly enclosed, accessory to an allowed use
Golf course or country club accessory to a commercial use
P
P
P
P
P
P
P
P
P
SE
Carpentry, cabinet making, or other woodworking shop as accessory to an allowed use
(B) More than 6 feet from main buildings (subject to Section 27-388
(A) Not more than 6 feet from main building (subject to Section 27-388
P
P
P
PB
Food or beverage goods preparation on the premises of a food or beverage store for retail or wholesale sales
M-U-I
P
P
Bottled gas sales, accessory to an allowed use
Outdoor display of merchandise for sale (except as otherwise specified) and excluding merchandise displayed on gasoline pump islands associated with gas stations which is allowed:
SP1
P
M-X-C M-U-TC
Machine shop accessory to an allowed use
P
M-X-T
P
R-P-C***
Catering establishment, accessory to an allowed use
P
P
R-U
P
P
E-I-A
(B) 1 unoccupied camping trailer (per mobile home lot)
P
L-A-C
PB = Allowed as related, dependent, and secondary to a
(A) 1 boat and boat trailer (per mobile home lot)
Parking of the following vehicles owned or used by the occupants of the premises or their bona fide guests:
M-A-C
USE TABLE â&#x20AC;&#x201C; COMPREHENSIVE DESIGN, PLANNED COMMUNITY, AND MIXED USE ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
similar designation not exceeding 4 inches high), and excluding vehicles exceeding 300 cubic feet of load space, stake platform trucks, dump trucks, crane or tow trucks, and vehicles with dual rear wheels
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
P
P
P
P
P
P
P
P
P
P
P
P
R-S
P
P
P
P
P
P
P
R-L
ZONE
P
P
P
P
P
P
P
V-L
P
P
P
P
P
P
P
V-M
P
P
SE
P
P
P
R-M-H
R-P-C***
P
P
P
M-X-T
P
P
P
SP
SP
X
P
P
M-X-C M-U-TC
P
P
P
P
P
P
M-U-I
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
(D) The floor area of any building (and the land area occupied by any structure other than a building) devoted to the use shall not exceed an area equal to forty-five percent (45%) of the gross floor area of the building
(C) The use shall not be located within a building not occupied by the principal use; and
(B) The use shall be located on the same record lot as the principal use;
(A) The use shall be related to, dependent on, and secondary to a principal use on the premises;
Provided:
(C) The use shall be secondary to the primary use of the building.
(B) No signs or other evidence indicating the existence of the use shall be visible from the outside building, other than a business identification sign lettered on a window. The sign shall not exceed six (6) square feet in area; and
(A) There shall be no entrances to the use directly from outside of the building;
Provided:
VII-124
**
*
USE TABLE NOTES – COMPREHENSIVE DESIGN, PLANNED COMMUNITY, AND MIXED USE ZONES
P
P
P
P
P
P
P
R-M
P
P
P
P
P
P
P
P
R-U
Collection of recyclable materials, in accordance with Sections 27-260 and 27-261
P
P
P
P
P
P
E-I-A
P
P
P
P
P
P
L-A-C
PB = Allowed as related, dependent, and secondary to a
Modular Classroom as a temporary use, in accordance with Sections 27-260 and 27261 (CB-106-1989)
P
(B) All others
P
P
(A) Located at least 250 feet from any dwelling
Carnival, circus, fair, or similar use not exceeding 17 days duration and only on parking lot, as a temporary use in accordance with Sections 27-260 and 27-261
(C) All others
(B) In accordance with Sections 27-260 and 27-261
(A) In accordance with Sections 27-260 and 27-261 and provided no item stored or assembled there is offered for sale at the location
Contractor's office (must include sanitary facilities), construction yard, shed, or building in connection with a construction project, as a temporary use:
Collection of recyclable materials as a temporary use, in accordance with Sections 27-260 and 27-261
P
Wayside stand as a temporary use
M-A-C
USE TABLE – COMPREHENSIVE DESIGN, PLANNED COMMUNITY, AND MIXED USE ZONES SP = Allowed with a Special Permit PA = Allowed as a secondary use subject to certain conditions* principal use, subject to certain conditions** X = Prohibited
P
SE = Allowed as a Special Exception
Seasonal decorations display and sales as a temporary use, in accordance with Sections 27-260 and 27-261
USE
P = Permitted
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
Includes professional offices such as lawyer's, doctor's, and accountant's; general business offices, such as insurance companies, trade associations, manufacturing companies; banks and financial institutions; and real estate companies.
Provided the operation is for local service only, and no work for other similar establishments is done on the premises.
Provided goods prepared on the premises shall be offered for retail sales only on the premises.
Provided the size of the shop is appropriate to the service area of the center or the Storefront Area. (CB-53-1991)
Limited to convenience commercial establishments to serve other uses (and employees) in the zone.
Such as administrative or executive offices; or banks and lending institutions which principally serve other uses (and employees) in the zone.
Only of a medical, educational, or recreational nature.
Limited to delicatessens not exceeding three thousand (3,000) square feet in gross floor area.
Limited to quick service grocery stores not exceeding three thousand (3,000) square feet in gross floor area.
May include convention facilities and swimming pools.
Provided the site is either:
2
3
4
5
6
7
8
9
10
11
12
VII-125
(C) The occupants of the mobile home are employed by, or reasonably connected with, the other use; and
(B) The use of the mobile home is in connection with another use on the property for which the County levies or collects an amusement tax;
(A) The mobile home is located on a lot having property consisting of five (5) or more acres.
Provided:
All events must comply with County or State regulations, and events requiring a specific license must obtain such license to be considered a permitted ancillary use. All events must be organized by the voluntary fire, ambulance, or rescue corporation or company and/or a community group from within the immediate vicinity of the station. For weddings, receptions, and dinners, the event may be organized by an individual in conjunction with the voluntary fire, ambulance, or rescue corporation or company and/or a community group within the immediate vicinity of the station. A permitted ancillary use does not include the leasing of the station facility for use by a promoter. Private events may not have advance or at the door ticket sales. All events must end by 10:00 p.m., Sunday through Thursday (except that bingo events must end by 11:00 p.m.), and by midnight on Friday and Saturday, with all patrons off the site within thirty (30) minutes after closing. (CB-70-2008)
The following activities are considered to be ancillary uses permitted within the hall/assembly area of a voluntary fire, ambulance, or rescue station: bingo (with an approved license from the Department of Environmental Resources), weddings, dinners, community events, organization functions, and private events (with no advance or at the door ticket sales).
(C) Occupied by a station that was in use immediately prior to July 1, 1982.
(B) In a location which the Fire Chief has indicated (in writing) is appropriate; or
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
13
The similar use is only allowed in the same manner as the listed use. For example, if the listed use is allowed as a permitted (P) use, the similar use is also allowed as a permitted (P) use. If the listed use requires a Special Exception (SE), the similar use also requires a Special Exception.
1
(A) In the proximity of an area designated as a fire or rescue station on an approved Functional Master Plan of Fire and Rescue Stations;
[Allowed use categories and specific uses are as shown on Official Plan. A use normally requiring a Special Exception but not shown may be allowed as a Special Exception (automatically considered an amendment of the Official Plan).]
***
Comprehensive Design & Planned Community Zones
within which the primary use is located, unless otherwise provided.
USE TABLE NOTES â&#x20AC;&#x201C; COMPREHENSIVE DESIGN, PLANNED COMMUNITY, AND MIXED USE ZONES
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
As an accessory use only.
This shall not apply to:
16
17
Flag lots are only permitted for single-family detached units; for the Village House and Narrow Lot Line units, the flag stem and parking areas shall not be counted toward the minimum allowable lot area. (CB-101992)
Providing mining activity does not occur in the Buffer Area. (CB-10-1992)
The only types of dwellings that are permitted in the Hamlet are storefront, one-family detached, and semidetached dwellings. (CB-10-1992)
Provided the use is located in the designated Village Buffer or a recreational area, and complies with the requirements set forth in Section 27-514.03. (CB-10-1992)
Provided the use is located in the designated Buffer Area. (CB-10-1992)
Provided a commercial recreational attraction presently exists on contiguous land not zoned R-S and, further provided, operation of the commercial recreational attraction on the land zoned R-S will be undertaken in conjunction with the commercial recreational attraction presently existing on the contiguous land not zoned R-S. The provisions of Part 4 of this Subtitle shall govern the use, the site plan, and any revisions thereto in lieu of the provisions of Part 8 of this Subtitle. (CB-93-1994)
Subject to approval of a Specific Design Plan in accordance with Section 27-532.02. For the purposes of this use, the word "contiguous" shall include those properties which are separated by a public right-of-way. (CB53-1995)
The owner of the property shall record among the Land Records of Prince George's County a declaration of covenants which establishes that the premises will be solely occupied by elderly persons, in accordance with State and Federal Fair Housing laws, for a fixed term of not less than sixty (60) years. The covenant shall run to the benefit of the County. (CB-78-1996)
Except as provided in Section 27-480(g), for Specific Design Plans for which an application is filed after December 30, 1996, the following restrictions shall apply. Townhouses may comprise not more than the following percentages of the total number of dwelling units included in the Comprehensive Design Plan: in the R-L Zone, twenty percent (20%); R-S, twenty percent (20%); R-M, thirty percent (30%); R-U, thirty percent (30%); L-A-C, forty percent (40%); and M-A-C, thirty percent (30%). Multifamily dwelling units may comprise not more than the following percentages of the total number of dwelling units in the Comprehensive Design Plan: in the R-S Zone, ten percent (10%); R-M, ten percent (10%); R-U, thirty percent (30%); L-A-C, thirty percent (30%); and M-A-C, forty percent (40%). These multifamily restrictions do not apply to Transit District Overlay Zones, and these townhouse and multifamily restrictions shall not apply to dwelling units on property in the L-A-C Zone, if any portion lies within one-half (1/2) mile of an existing or planned Washington Metropolitan Area Transit Authority Metrorail station. In the R-U Zone the applicant may propose all townhouses or all multifamily dwellings provided that this results in a reduction of at least thirty percent (30%) of the total number of dwelling units permitted under an approved Basic Plan. No Basic Plan or Comprehensive Design Plan Amendment is required provided the building design and architecture
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Provided both uses were existing as of January 1, 1991. (CB-11-1991)
20
VII-126
Subject to the "Design Standards" set forth in Sec. 24-138.01 of Subtitle 24. (CB-72-1989)
(C) Compatible with surrounding uses. (CB-120-1989)
(B) Listed on the Basic Plan; and
(A) In a building(s) within the environmental setting of a designated Historic Site;
An Adaptive use of a Historic Site shall be limited to uses which are:
(B) One (1) such vehicle stored in a wholly enclosed garage.
19
18
It may include a private spa.
15
(A) Storage accessory (and related) to an allowed use; or
Except in an emergency. In this case, the parking shall be subject to the parking and traffic regulations applicable to the right-of-way.
14
(D) The mobile home shall not be located on the property for more than one hundred twenty (120) cumulative days per calendar year, except mobile homes used in connection with a pari-mutuel racetrack where the use shall not exceed two hundred eighteen (218) cumulative days per calendar year.
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Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
Any related telecommunications equipment building shall be screened by means of landscaping or berming to one hundred percent (100%) opacity. (CB-103-1997)
Provided:
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33
VII-127
(B) The use of the mobile home is in connection with another use on the property for which the County levies or collects an amusement tax.
(A) The mobile home is located on a lot having a net area of at least five (5) acres;
Provided:
All events must comply with County or State regulations, and events requiring a specific license must obtain such license to be considered a permitted ancillary use. All events must be organized by the voluntary fire, ambulance, or rescue corporation or company and/or a community group from within the immediate vicinity of the station. For weddings, receptions, and dinners, the event may be organized by an individual in conjunction with the voluntary fire, ambulance, or rescue corporation or company and/or a community group within the immediate vicinity of the station. A permitted ancillary use does not include the leasing of the station facility for use by a promoter. Private events may not have advance or at the door ticket sales. All events must end by 10:00 p.m., Sunday through Thursday (except that bingo events must end by 11:00 p.m.), and by midnight on Friday and Saturday, with all patrons off the site within thirty (30) minutes after closing. (CB-70-2008)
The following activities are considered to be ancillary uses permitted within the hall/assembly area of a voluntary fire, ambulance, or rescue station: bingo (with an approved license from the Department of Environmental Resources), weddings, dinners, community events, organization functions, and private events (with no advance or at the door ticket sales).
(C) Is occupied by a station that was in use immediately prior to July 1, 1982.
(B) In a location which the Fire Chief has indicated (in writing) is appropriate; or
(A) In the proximity of an area designated as a fire or rescue station on an approved Functional Master Plan of Fire and Rescue Stations;
Provided the site is either:
M-X-T and M-X-C Zones
Provided the use is located on a parcel of less than five (5) acres within an integrated industrial park in excess of three hundred (300) acres, which is at least eighty percent (80%) developed with existing uses as of July 1, 2003. (CB-61-2003)
(D) Has frontage on and direct vehicular access to an existing roadway of arterial or higher classification and said property is no less than one thousand (1,000) acres. (CB-45-2002)
(C) Does not increase the number of dwelling units, and any increase in the square footage shown on the approved Basic Plan shall not lower the level of service of transportation facilities at any stage of development below that anticipated in the approved Preliminary Plan or Traffic Staging Plan; and
(B) Creates a more logical and orderly configuration of the land area in proximity to the golf course and clubhouse approved on the Comprehensive Design Plan;
(A) Does not add any additional property to the land covered by the approved Basic Plan;
Subject to an amendment to an approved Basic Plan which, until December 31, 2003, the Planning Board may approve, as a minor amendment in accordance with Section 27-197(a)(7), for property zoned R-S which:
(C) Except for medical prescriptions, medical supplies, and nonprescription medicines, the store has no more than 50 percent of its gross floor area devoted to the sale of a single type of merchandise, such as food or specialty items. (CB-5-2002)
(B) The store fills medical prescriptions and sells medical supplies and nonprescription medicines, in addition to general merchandise; and
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
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1
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Provided that the multifamily dwellings are located within a Mixed Retirement Development located on a tract containing a minimum of one hundred fifty (150) acres. (CB-99-1997)
31
(A) The store has no more than fifteen thousand (15,000) square feet gross floor area;
Provided at least 20% of the total floor area is to be devoted to office use. (CB-19-1997)
30
requirements, as previously approved, are not modified. (CB-56-1996; CB-25-2003; CB-96-2005; CB-77-2006)
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Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
This shall not apply to:
4
Accessory uses such as light manufacturing, assembly service, repair, or warehousing associated with this use are permitted. (CB-63-1992)
Except as provided in Section 27-544(b), for development pursuant to a Detailed Site Plan for which an application is filed after December 30, 1996, the number of townhouses shall not exceed 20% of the total number of dwelling units in the total development. This townhouse restriction shall not apply to townhouses on land any portion which lies within one-half (½) mile of an existing or planned mass transit rail station site operated by the Washington Metropolitan Area Transit Authority and initially opened after January 1, 2000. (CB-56-1996; CB-40-2002; CB-78-2006)
Any related telecommunications equipment building shall be screened by means of landscaping or berming to one hundred percent (100%) opacity. (CB-103-1997)
Bulk retailing may be permitted as part of a Detailed Site Plan for a planned mixed use development which, at a minimum, includes other commercial retail uses (at least one (1) of which shall be a freestanding use consisting of a minimum of seventy-five thousand (75,000) square feet) as well as commercial office uses. (CB-83-2006)
Provided:
6
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9
10
Provided the property was rezoned from the E-I-A Zone to the M-X-T Zone through a Sectional Map Amendment approved between January 1, 2006 and July 1, 2012. (CB-28-2012)
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Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
The gross floor area shall not exceed 25% of the gross floor area of the building within which this accessory use is located.
VII-128
1
Any private automobile and other motor vehicle auction operating in the M-X-T Zone prior to January 1, 2011, shall have until January 1, 2013, to cease all auction operations on the property. (CB-59-2010)
12
M-U-TC Zone
Businesses with a valid state license for check cashing issued prior to September 1, 2009 may continue as a matter of right and shall not be deemed nonconforming, regardless of a change in tenancy or ownership of the check cashing business. (CB-23-2009; CB-106-2012)
11
Editor's Notes: Pursuant to Section 2 of CB-5-2010, this Ordinance shall be abrogated and no longer effective after July 9, 2012, at which time, the use(s) then located on the property or for which permits were issued pursuant to this Ordinance shall be deemed nonconforming. Pursuant to CR-54-2012, the provisions of Section 2 of Chapter No. 4 of the 2010 Laws of Prince George's County, Maryland, shall remain in full force and effect, subject to the requirements specified in Section 27547(b) until July 1, 2013. Pursuant to Section 2 of CB-61-2012, this Ordinance shall be abrogated and no longer effective after July 1, 2013, at which time the use(s) then located on the property or for which permits were issued pursuant to this Ordinance shall be deemed nonconforming in accordance with part 3, Division 6 of this Subtitle. CR-67-2013 provides that the provisions of CB-61-2012 amending Section 2 of Chapter No. 4 of the 2010 Laws of Prince George's County, Maryland, shall remain in full force and effect, subject to the requirements specified in Section 27-547(b) until July 1, 2014. Pursuant to Section 2 of CB-61-2013, this Ordinance shall be abrogated and no longer effective after July 1, 2015, at which time the use(s) then located on the property or for which permits were issued pursuant to this Ordinance shall be deemed nonconforming in accordance with part 3, Division 6 of this Subtitle.
(B) All or part of the property is located within an airport noise zone subject to noise measuring a minimum of seventy (70) dBA at the time the property was zoned M-X-T. (CB-6-2007)
(A) The property was rezoned from the I-1 Zone to the M-X-T Zone through a Sectional Map Amendment approved after January 1, 2007; and
Provided both uses were existing as of January 1, 1991. (CB-11-1991)
5
(B) One (1) such vehicle stored in a wholly enclosed garage.
(A) Storage accessory (and related) to an allowed use; or
Except in an emergency. In this case the parking shall be subject to the traffic and parking regulations applicable to the right-of-way.
3
(D) The mobile home shall not be located on the property for more than one hundred twenty (120) cumulative days per calendar year, except mobile homes used in connection with pari-mutuel racetracks when the use shall not exceed two hundred eighteen (218) cumulative days per calendar year.
(C) The occupants of the mobile home are employed by, or reasonably connected with, the other use; and
USE TABLE NOTES – COMPREHENSIVE DESIGN, PLANNED COMMUNITY, AND MIXED USE ZONES
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
This shall not apply to: (A) Storage accessory (and related) to an allowed use; or (B) One (1) such vehicle stored in a wholly enclosed garage.
In a publicly-owned recreational facility, a school, a church, or a public building, a day care center shall only be permitted as an accessory use. A church must provide its tax-exempt identification number when applying for a Detailed Site Plan or a building or use and occupancy permit for an accessory day care center for children. (CB-23-1988; CB-98-1988; CB-44-1989)
A sanitary landfill or rubble fill may include a rock crusher only if it is approved as part of the Special Exception. (CB-15-1990)
For: (A)
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The relocation of such uses, provided the last site on which the use was located was in the I-1 Zone, not more than three (3) miles from the subject property, is currently used by a public entity for a mass
Except in an emergency. In this case, the parking shall be subject to the traffic and parking regulations applicable to the right-of-way.
4
The service shall be limited to supplying gasoline, oil, water, tire pressure, and washing; Only automobiles parking in the parking garage may be served; No signs visible from outside the structure shall indicate the presence of the service facilities; and The garage shall be wholly enclosed.
3
All events must comply with County or State regulations, and events requiring a specific license must obtain such license to be considered a permitted ancillary use. All events must be organized by the voluntary fire, ambulance, or rescue corporation or company and/or a community group from within the immediate vicinity of the station. For weddings, receptions, and dinners, the event may be organized by an individual in conjunction with the voluntary fire, ambulance, or rescue corporation or company and/or a community group within the immediate vicinity of the station. A permitted ancillary use does not include the leasing of the station facility for use by a promoter. Private events may not have advance or at the door ticket sales. All events must end by 10:00 p.m., Sunday through Thursday (except that bingo events must end by 11:00 p.m.), and by midnight on Friday and Saturday, with all patrons off the site within thirty (30) minutes after closing. (CB-70-2008)
The following activities are considered to be ancillary uses permitted within the hall/assembly area of a voluntary fire, ambulance, or rescue station: bingo (with an approved license from the Department of Environmental Resources), weddings, dinners, community events, organization functions, and private events (with no advance or at the door ticket sales).
Provided the site is either: (A) In the proximity of an area designated as a fire or rescue station on an approved Functional Master Plan of Fire and Rescue Stations; (B) In a location which the Fire Chief has indicated (in writing) is appropriate; or (C) Occupied by a station that was in use immediately prior to July 1, 1982.
M-U-I
Businesses with a valid state license for check cashing issued prior to September 1, 2009 may continue as a matter of right and shall not be deemed nonconforming, regardless of a change in tenancy or ownership of the check cashing business. (CB-23-2009; CB-106-2012)
Provided: (A) (B) (C) (D)
1
4
The following activities are considered to be ancillary uses permitted within the hall/assembly area of a voluntary fire, ambulance, or rescue station: bingo (with an approved license from the Department of Environmental Resources), weddings, dinners, community events, organization functions, and private events (with no advance or at the door ticket sales).
3
All events must comply with County or State regulations, and events requiring a specific license must obtain such license to be considered a permitted ancillary use. All events must be organized by the voluntary fire, ambulance, or rescue corporation or company and/or a community group from within the immediate vicinity of the station. For weddings, receptions, and dinners, the event may be organized by an individual in conjunction with the voluntary fire, ambulance, or rescue corporation or company and/or a community group within the immediate vicinity of the station. A permitted ancillary use does not include the leasing of the station facility for use by a promoter. Private events may not have advance or at the door ticket sales. All events must end by 10:00 p.m., Sunday through Thursday (except that bingo events must end by 11:00 p.m.), and by midnight on Friday and Saturday, with all patrons off the site within thirty (30) minutes after closing. (CB-70-2008)
Except for new vehicle sales lots, the use shall be located on a tract of land containing a minimum of twenty-five thousand (25,000) square feet. All such uses on property less than twenty-five thousand (25,000) square feet in existence on September 1, 2002, may not be certified as nonconforming uses and must cease operations on or before August 31, 2005. (CB-33-2002)
2
USE TABLE NOTES â&#x20AC;&#x201C; COMPREHENSIVE DESIGN, PLANNED COMMUNITY, AND MIXED USE ZONES
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
If not conducted in an existing office building, a Detailed Site Plan shall be approved in accordance with Part 3, Division 9, of this Subtitle. (CB-93-1996)
If located outside a Revitalization Tax Credit Area in a commercial center with less than thirty (30) acres, a bulk retailing store may not have gross floor area greater than 50,000 square feet. But if the store was in use and had necessary permits issued on or before September 1, 1998, then the restriction in this note does not apply and the store is not subject to nonconforming use requirements in Part 3, Division 6, unless the store discontinues bulk retailing operations for 180 or more consecutive calendar days. In this note, a commercial center is one or more contiguous, commercially-zoned lots separated from other commercially-zoned lots by public streets or rights-of-way. (CB-25-1999)
Except for new vehicle sales lots, the use shall be located on a tract of land containing a minimum of 25,000 square feet. All such uses on property less than 25,000 square feet in existence on September 1, 2000, may not be certified as nonconforming uses and must cease operations on or before August 31, 2003. (CB-87-2000)
All such uses in existence on September 1, 2001, may not be certified as nonconforming uses and must cease operations, with removal of all animal or poultry facilities, by February 1, 2002. (CB-71-2001)
Permits for a store approved before January 15, 2002, without a special exception may continue in effect and be revised or amended, and such a store shall not be considered a nonconforming use. No permits for new food or beverage operations in such a store may be approved without a Special Exception. (CB-2-2002)
All such uses with permits validly issued or applied for as of July 1, 2002, including those on properties rezoned from C-S-C to M-U-I, are deemed permitted uses, are not nonconforming, and may be altered, enlarged, or extended. (CB-55-2002)
This provision shall not apply to property which is located within the Developed Tier for which any portion of same: (A) Has an approved Preliminary Plan of subdivision for property which is split-zoned I-3 and R-R, and is located on and inside the Capital Beltway at an existing interchange with said Beltway, or (B) Is the subject of any future Preliminary Plan of subdivision or Detailed Site Plan for an integrated shopping center developed pursuant to CB-65-2003; or (C) Is the subject of a building permit issued for said use prior to September 1, 2005. All such uses on property meeting the above criteria shall be deemed permitted uses and shall not be considered nonconforming. (CB-19-2005)
Businesses with a valid state license for check cashing issued prior to September 1, 2009 may continue as a matter of right and shall not be deemed nonconforming. Any change in tenant or ownership of the check cashing business requires approval of a special exception for this use prior to issuance of the Use & Occupancy permit. (CB-23-2009)
Businesses with a valid use and occupancy permit issued prior to May 1, 2010, may continue as a matter of right and shall not be deemed nonconforming if the use does not include any form of adult entertainment. (CB-46-2010)
Any existing establishment in the C-S-C Zone or C-M Zone with a valid use and occupancy permit for an auditorium, private club or lodge that included activity that meets the definition of “adult entertainment” may continue upon approval of a Special Exception. Applications for adult entertainment must be filed and accepted by June 1, 2012. The hours of operation shall be limited to 5:00 P.M. to 3:00 A. M. (CB-56-2011)
Provided both of an adjoining pair are erected at the same time.
Subject to all requirements applicable to the R-T Zone (except as specifically modified for the R-20 Zone).
The townhouses may be developed without conforming to the regulations applicable to townhouses governing roadways and drives, tract widths and sizes, density, and net lot area, provided: (A) A Special Exception for multifamily dwelling bedroom percentages increase (Section 27-382) has been granted for the subject property with a condition that the property be developed with townhouses; (B) A preliminary plan of subdivision has been approved for the property as of June 1, 1975, in accordance with the net lot area and lot frontage requirements applicable to multifamily dwellings in the R-18
24
28
32
37
38
40
43
52
55
56
58
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Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
Subject to Detailed Site Plan approval in accordance with Part 3, Division 9, of this Subtitle. Any fast-food restaurant operating pursuant to an approved Special Exception as of the effective date of CB-49-2005 shall remain valid, be considered a legal use, and shall not be deemed a nonconforming use. Such fast-food restaurants and their underlying special exceptions may be modified pursuant to the existing provisions relating to revisions or amendments to special exceptions generally and fast-food restaurants specifically as they exist in the Zoning Ordinance. The requirement for Detailed Site Plan approval does not apply to eating or drinking establishments within, and sharing the same points of vehicular access as, an integrated shopping center having six individual businesses (including the fast-food restaurant) and a minimum 50,000 square foot gross floor area. (CB-120-1994; CB-19-2010; CB-46-2010; CB-56-2011)
VII-130
Provided the building to which it is attached is at least fifty (50) feet in height. Otherwise, a Special Exception is required. (CB-41-1994)
23
transit facility, and was acquired prior to June 1, 1993; or (B) A property of 15,000 to 20,000 square feet, formerly the site of a full-service gas station, abutting on at least one side property in the C-S-C Zone, limited to repair of vehicles with a maximum gross vehicle weight of 17,000 pounds. (CB-50-1993; CB-68-1999; CB-90-2000)
USE TABLE NOTES – COMPREHENSIVE DESIGN, PLANNED COMMUNITY, AND MIXED USE ZONES
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
Provided the health center is located on a minimum of twenty-five (25) acres. (CB-55-1988)
Provided both uses were existing as of January 1, 1991. (CB-11-1991)
Conversion shall not occur until: (A) The building is structurally modified to include the additional dwelling units; and (B) The additional dwelling units are occupied. (CB-73-1996)
For the purposes of this Section, a dwelling for the elderly shall be housing which is operated in accordance with State and Federal Fair Housing laws. (CB-71-1996)
Townhouses shall comply with the design guidelines set forth in Section 27-274(a)(11) and the regulations for development set forth in Section 27-433(d). (CB-55-1996)
Provided: (A) A condominium plat is recorded, in accordance with the provisions of the Maryland Condominium Act, setting out each dwelling unit as a separate unit, or a housing cooperative is established to own the dwelling units; and (B) At least ninety percent (90%) of all required parking spaces are provided in a parking structure. (CB-109-2004)
Provided: (A) Townhouse development is within a multifamily complex formerly used for multifamily dwellings, where residential (multifamily and/or townhouse) density was reduced as part of its redevelopment; (B) Townhouse development shall be in accordance with the regulations for the R-T Zone; and (C) Detailed Site Plan approval is required in accordance with Part 3, Division 9, of this Subtitle. (CB-112-2004)
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49
57
58
59
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Only in connection with one-family detached dwellings.
28
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Permitted in the R-18 Zone without a Special Exception, provided that the subject property: (i) Includes at least five (5) acres; (ii) Is located within the Developed Tier; and (iii) Adjoins property also in the R-18 Zone. (B) Age restrictions in conformance with the Federal Fair Housing Act shall be set forth in covenants submitted with the application and shall be approved by the District Council and filed in the land records at the time the final subdivision plat is recorded. The applicant must obtain approval of a Detailed Site Plan, as provided in Part 3, Division 9, and demonstrate by evidence in the record that: (i) The net lot area is at least fifty percent (50%) of the minimum net lot area normally required in the zone; (ii) The density is not more than twice that normally allowed in the zone; and (iii) The project is financed at least partially by tax credits approved by the State of Maryland. (CB-66-2005)
Provided: (A) The mobile home is located on a lot having a net area of at least five (5) acres; (B) The use of the mobile home is in connection with another use on the property for which the County levies an amusement tax; (C) The occupants of the mobile home are employed by, or reasonably connected with, the other use; and (D) The mobile home shall not be located on the property for more than one hundred twenty (120) cumulative days per calendar year, except mobile homes used in connection with pari-mutuel racetracks where the use shall not exceed two hundred eighteen (218) cumulative days per calendar year.
(A)
Home occupations consisting of general clerical work or professional offices require a use and occupancy permit. (CB-31-1985)
20
Zone, with a maximum density of 22 dwelling units per acre; and (C) A final plat was recorded prior to June 1, 1976.
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Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
125
Maximum density
2.7
20
8
Maximum FAR
Minimum residential floor area (% of total floor area at full development)
Maximum mixed retirement development density (DU/gross acre)
VII-132
In general
8
20
0.88
0.2
47.9
10
40
New Town or Corridor City Center
8
0.68
0.2
20
10
20
Community Center
8
0.64
0.2
15
10
10
Village Center
L-A-C*
8
0.31
0.16
12.1
8
4
Neighborhood Center
20
5
E-I-A*
8
11.9
8.0
51
8.02
R-M*
ZONE R-S*
R-L*
8
16.9
12.0
51
8
5.7
3.6
101
8
7.9
5.8
101
8
2.6
1.6
251
8
3.5
2.7
251
8
0.9
0.5
100
8
1.5
1.0
100
12.02 3.62 5.82 1.62 2.72 0.52 1.02
R-U*
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
Minimum Net Lot Area (square feet)
Gross tract area (acres)
Minimum open space improved by landscaping & design amenities (% of net lot area)
1.0
Base FAR
Commercial intensity (FAR/gross commercial acre)
48
40
Base density
Residential density (DU/gross residential acre):
Minimum zone size (gross acres)
PRINCIPAL STRUCTURES
Major Metro Center
M-A-C*
50
1.3
V-L**
50
2.0
V-M**
101
R-M-H
DIMENSIONAL STANDARDS – COMPREHENSIVE DESIGN, PLANNED COMMUNITY, AND MIXED USE ZONES
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
R-P-C***
0.41
****
M-X-T
2.02
750
*****
M-X-C
*****
M-U-TC
6,500
M-U-I ******
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
VII-133
R-M-H
R-P-C*** ****
M-X-T
*****
M-X-C
*****
M-U-TC
M-U-I ******
1,500
V-M**
One-family tripleattached dwellings, outer lots
V-L**
1,500
12.02 3.62 5.82 1.62 2.72 0.52 1.02
One-family semidetached dwellings
8.02
5,500
E-I-A*
R-L*
Lot, shown on a recorded plat, that is in a minor portion of a block, the majority (more than half) of which and the immediate surrounding area of which has been subdivided prior to September 22, 1957, with lots having net areas of 5,500 square feet or less (CB-1141989)
Neighborhood Center
ZONE R-S*
5,000
Village Center
R-M*
Lot that is part of a resubdivision of land on a plat that was originally recorded prior to November 29, 1949, and was composed of lots having an average net area of 5,000 square feet or less (CB-1141989)
Community Center
R-U*
5,000
New Town or Corridor City Center
L-A-C*
Lot shown on a plat recorded prior to November 29, 1949 (CB-114-1989; CB-671999; CB-11-2002)
Major Metro Center
M-A-C*
DIMENSIONAL STANDARDS â&#x20AC;&#x201C; COMPREHENSIVE DESIGN, PLANNED COMMUNITY, AND MIXED USE ZONES
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
V-L**
V-M**
R-P-C*** ****
M-X-T
*****
M-X-C
*****
M-U-TC
M-U-I ******
35 35 35
Townhouses
Two-family
Three-family
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
35
One-family semidetached
VII-134
30
50
4,000
16,000
One-family detached, in general (CB-11-2002; CB-5-2011)
Maximum lot coverage (% of net lot area)
Lot Coverage and Green Area
Maximum density (mobile home lots per acre)
(B) Lot recorded prior to November 29, 1949
(A) In general
Multifamily dwellings:
7
R-M-H
1,500
12.02 3.62 5.82 1.62 2.72 0.52 1.02
Three-family dwellings
8.02
1,500
E-I-A*
R-L*
Two-family dwellings
Neighborhood Center
ZONE R-S*
1,800
Village Center
R-M*
Townhouses, all others
Community Center
R-U*
1,500
New Town or Corridor City Center
L-A-C*
Townhouses, constructed pursuant to a Detailed Site Plan filed prior to November 1, 1996, and in compliance with Section 3 of CB-55199621 (CB-55-1996)
Major Metro Center
M-A-C*
DIMENSIONAL STANDARDS – COMPREHENSIVE DESIGN, PLANNED COMMUNITY, AND MIXED USE ZONES
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
8.02
V-L**
V-M**
R-P-C*** ****
M-X-T
*****
M-X-C
*****
M-U-TC
M-U-I ******
1006,7 1006,7
One-family semidetached dwellings
Townhouses, all others
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
65
One-family detached dwellings, in general13
At Front Building Line:
Minimum Lot Width/Frontage (feet)
Attached dwellings (other than multifamily dwellings)
50
70
Multifamily dwellings having less than 4 stories
Minimum Green Area (% of net tract area):
60
303
R-M-H
Multifamily dwellings having 4 or more stories
Minimum green area (% of net lot area)
VII-135
12.02 3.62 5.82 1.62 2.72 0.52 1.02
-
E-I-A*
R-L*
Other than Residential/Lodging Uses
Neighborhood Center
ZONE R-S*
30
Village Center
R-M*
Multifamily dwellings having less than 4 stories (CB-109-2004; CB-35-2005)
Community Center
R-U*
40
New Town or Corridor City Center
L-A-C*
Multifamily dwellings having 4 or more stories (CB-109-2004; CB-35-2005)
Major Metro Center
M-A-C*
DIMENSIONAL STANDARDS â&#x20AC;&#x201C; COMPREHENSIVE DESIGN, PLANNED COMMUNITY, AND MIXED USE ZONES
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
V-L**
V-M**
R-M-H
R-P-C*** ****
M-X-T
*****
M-X-C
*****
M-U-TC
M-U-I ******
1006,7 1006,7 1006,7
Townhouses, all others
Two-family dwellings
Three-family dwellings
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
20
(B) From internal private streets and community boundaries
VII-136
25
(A) From public streets & other public rights-of-way
Setback from Street
Minimum Setbacks and Yard Depth/Width (feet):
10
-
1006,7
One-family semidetached dwellings
Other than Residential/Lodging Uses
45
One-family detached dwellings, in general13
At Front Street Line on a Cul—de-sac:
8510
12.02 3.62 5.82 1.62 2.72 0.52 1.02
Other allowed uses
8.02
8510
E-I-A*
R-L*
Multifamily dwellings
Neighborhood Center
ZONE R-S*
1006,7
Village Center
R-M*
Three-family dwellings
Community Center
R-U*
1006,7
New Town or Corridor City Center
L-A-C*
Two-family dwellings
Major Metro Center
M-A-C*
DIMENSIONAL STANDARDS – COMPREHENSIVE DESIGN, PLANNED COMMUNITY, AND MIXED USE ZONES
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
Neighborhood Center E-I-A*
8.02
ZONE R-L* V-L**
V-M**
R-M-H
6019
Minimum distance of front building line to center line of existing or proposed street upon which it fronts
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
_____2
3019
Other allowed uses
One-family detached dwellings, in general22 (CB-54-1986)
3019
Multifamily dwellings
17/86,8
_____2
Three-family dwellings
Side Yards:9
_____2
25
M-U-I ******
Two-family dwellings
*****
M-U-TC
_____2
*****
M-X-C
Townhouses, all others
****
M-X-T
_____2
R-P-C***
One-family semidetached dwellings
One-family detached dwellings, in general (CB-54-1986)
Front Yard:7
VII-137
12.02 3.62 5.82 1.62 2.72 0.52 1.02
R-S*
204
Village Center
R-M*
(D) From other buildings (except accessory buildings, but including enclosed extensions)
Community Center
R-U*
8
New Town or Corridor City Center
L-A-C*
(C) From common driveways, pedestrian or bicycle ways, parking areas, green area, or other mobile home community area
Major Metro Center
M-A-C*
DIMENSIONAL STANDARDS â&#x20AC;&#x201C; COMPREHENSIVE DESIGN, PLANNED COMMUNITY, AND MIXED USE ZONES
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
R-M-H
R-P-C*** ****
M-X-T
*****
M-X-C
*****
M-U-TC
M-U-I ******
None
2514
From adjoining land in commercial or industrial use
If a Residential/Lodging Use on a corner lot, the side yard along the street7
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
_____2
One-family detached dwellings, in general (CB-54-1986)
VII-138
_____2
Rear Yard:
20
12
From adjoining land in Residential zone (or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-PC Zone (for commercial zones), or any approved Conceptual or Detailed Site Plan)
Other than Residential/ Lodging Uses,
30/1019
V-M**
Multifamily dwellings
V-L**
30/1019
12.02 3.62 5.82 1.62 2.72 0.52 1.02
Three-family dwellings
8.02
_____2
E-I-A*
R-L*
Two-family dwellings
Neighborhood Center
ZONE R-S*
_____2
Village Center
R-M*
Townhouses, all others
Community Center
R-U*
_____2
New Town or Corridor City Center
L-A-C*
One-family semidetached dwellings
Major Metro Center
M-A-C*
DIMENSIONAL STANDARDS â&#x20AC;&#x201C; COMPREHENSIVE DESIGN, PLANNED COMMUNITY, AND MIXED USE ZONES
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
Neighborhood Center E-I-A*
8.02
ZONE R-L* V-L**
V-M**
R-P-C*** ****
M-X-T
*****
M-X-C
*****
M-U-TC
M-U-I ******
3019
Three-family dwellings
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
In general
Minimum Distance Between Unattached Multifamily Dwellings (feet) 50
40
None
From adjoining land in commercial or industrial use
Maximum Building Height (feet):
25
From adjoining land in Residential zone (or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-PC Zone (for commercial zones), or any approved Conceptual or Detailed Site Plan)
Other than Residential/ Lodging Uses,
Multifamily dwellings
3019
35
R-M-H
Two-family dwellings
VII-139
12.02 3.62 5.82 1.62 2.72 0.52 1.02
R-S*
_____2
Village Center
R-M*
Townhouses
Community Center
R-U*
_____2
New Town or Corridor City Center
L-A-C*
One-family semidetached dwellings
Major Metro Center
M-A-C*
DIMENSIONAL STANDARDS â&#x20AC;&#x201C; COMPREHENSIVE DESIGN, PLANNED COMMUNITY, AND MIXED USE ZONES
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
Neighborhood Center E-I-A*
8.02
ZONE R-L*
12.02 3.62 5.82 1.62 2.72 0.52 1.02
R-S* V-L**
V-M**
R-M-H
R-P-C*** ****
M-X-T
*****
M-X-C
*****
M-U-TC
M-U-I ******
6.00 8.00
12.00
9.00 48.00
Townhouses, all others
Two-family dwellings
Three-family dwellings, constructed pursuant to a Detailed Site Plan filed prior to November 1, 1996, and in compliance with Section 3 of CB-5519969 (CB-55-1996)
Three-family dwellings, all others
Multifamily dwellings (CB-114-1989)
Prince Georgeâ&#x20AC;&#x2122;s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
8.00
One-family semidetached dwellings
VII-140
6.70
_____2
One-family detached dwellings, in general
Maximum Residential Density (DU/net acre)
Outer Court (Width)
20
Village Center
R-M*
If 2 buildings are situated so that neither is visible from any window or public entrance of the other, or no line perpendicular to any wall of either building intersects any wall of the other building (See Figure 54.)
Community Center
R-U*
2
New Town or Corridor City Center
L-A-C*
Additional distance for each 1 foot above 36 feet of taller building
Major Metro Center
M-A-C*
DIMENSIONAL STANDARDS â&#x20AC;&#x201C; COMPREHENSIVE DESIGN, PLANNED COMMUNITY, AND MIXED USE ZONES
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
V-L**
V-M**
15
R-M-H
R-P-C*** ****
M-X-T
*****
M-X-C
*****
M-U-TC
25
M-U-I ******
50
From dwelling on adjoining lot
15
10
15
From side street line (along which an abutting lot does not front)4
From rear lot line2
Height (Maximum in Feet above the Ground) (CB-114-1989; CB-1291989)
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
30
From side street line (along which an abutting lot fronts)2
If a corner lot:1
25
From side or rear lot line
If building used for housing or sale of animals or fowl except homing pigeons:1
13
5
VII-141
12.02 3.62 5.82 1.62 2.72 0.52 1.02
From alley line
8.02
2
E-I-A*
R-L*
2
Neighborhood Center
ZONE R-S*
From rear lot line
Village Center
R-M*
From side lot line
Community Center
R-U*
60
New Town or Corridor City Center
L-A-C*
From front street line
Setback (Minimum in Feet), in general:
Coverage (Maximum Percentage of Yard)
ACCESSORY BUILDINGS
Major Metro Center
M-A-C*
DIMENSIONAL STANDARDS – COMPREHENSIVE DESIGN, PLANNED COMMUNITY, AND MIXED USE ZONES
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards
[Other than density and open space standards, standards for the Village zones vary with various categories of use and housing type and other factors, and are too numerous and varied to list in this table.]
Applies only to Comprehensive Design Zones for which Zoning Map Amendment applications were filed after October 31, 1978. For Comprehensive Design Zones approved pursuant to applications filed prior to this date, the minimum size is four (4) adjoining gross acres.
The base density shall not establish the minimum density for development in the zone.
**
1
2
Exclusive of land in a one hundred (100) year floodplain. Additions to an approved R-M-H Zone may be in increments of less than ten (10) acres.
If the lot is not served by public water or sewerage, the minimum net lot area shall be increased to include any additional area deemed necessary by the County Health Officer to insure a potable water supply and adequate sewage disposal.
Must include active recreational facilities (comprising at least five percent (5%) of the net tract area), and pedestrian or bicycle ways.
This setback may be reduced to ten (10) feet if the Planning Board and the Maryland State Department of Health and Mental Hygiene find that the purposes of providing light, air, safety, convenience, and amenity are at least as well served by clusters of buildings which use open spaces, topographic conditions, or other suitable conditions to their best advantage.
1
2
3
4
VII-142
Prince George’s County Update of Zoning Ordinance and Subdivision Regulations Evaluation and Recommendations Report | December 2014
[This is the overall maximum for the zone; maximums are 2 DU/ac in Single-Family – Low Density areas designated on Preliminary Development Plans; 4 DU/ac in Single-Family – Medium Density area; and 15 DU/acs in other Residential areas.]
2
Residential/Lodging and Miscellaneous Uses are subject to the same standards (including Notes) applicable to such uses in the R-18 zone; all other uses are subject to the standards (including Notes) applicable to such uses in the C-R-C zone – except that all uses allowed as SE are permitted (P)
******
[8.0 FAR with the use of the optional method of development.]
[Development standards and guidelines are established in the Development Plan for the zone.]
*****
1
[As shown on an approved Detailed Site Plan, except in accordance with lot area, setback, and other standards specified for various use types and other factors.]
****
Mixed Use Zones
As specified on the Official Plan.
***
Planned Community Zones
[Standards for lot area, lot frontage, coverage, building lines, yards, and building height are largely established by the approved Specific Design Plan. The density/intensity standards shown may be varied through provision of various public benefits.]
*
Comprehensive Design Zones
DIMENSIONAL STANDARDS TABLE NOTES – COMPREHENSIVE DESIGN, PLANNED COMMUNITY, AND MIXED USE ZONES
Part VII: Appendices VII.D. Appendix E: Compilation of Current Use Tables and Tables of Intensity and Dimensional Standards