CHAPTER 26.

ZONING.

Article I. In General.

26-1.     Definitions.

26-2.     Fences.

26-3.     Inoperative Vehicles.

26-4      Permitted Vehicle Parking in RR and RE zones.

26-5.     Vehicle Parking in the R-55, R-80 and R-T zones.

26-6.     Vehicle Parking in the R-30-C zone.

26-7.     Vehicle Parking in the O-S zone.

26-8.     Parking on Unpaved Areas.

26-9.     Prohibition of Parking of Cargo Trailers and Storage of  Commercial/Industrial Building Products

26-10.   Prohibition of Parking Commercial or Other Vehicles Carrying Controlled Hazardous Substances in Residential Zones.

26-11.   Residential Storage.

26-12.   Residential Parking.

26-12A. Signs

26-13.   Penalty.

26-14.   Board of Appeals.

26-15.   Variance Procedures and Standards.

26-16.   Severability.

Article II.  Municipal Zoning Authority.

26.17.   Purposes

26.18.   Definitions

26.19.   Powers and duties of Bowie Advisory Planning Board to conduct hearings.

26.20.   Criteria for granting variances.

26.21.   Procedures for granting variances.

26.22.   Exceptions to the Planning Board’s recommendation regarding variances.

26.23.   Validity period of decision regarding variances.

26.24.   Refiling variance requests.

26.25.   Departures from design standards, landscaping standards, parking and loadingstandards and sign design standards.

26.26.   Exceptions to the Planning Board’s recommenadtion regarding departures.

26.27.   Appeal.

Article III. Service Volume Standards for City Streets

26.28. Purpose

26.29. Definitions

26.30. Application

26.31. Minimum acceptable Level-of-Service

26-32. Levels of Service.

Article I. In General.

Sec. 26-1. Definitions.

1.  "Fence."  Any structure, barrier or partition having the effect of or erected for the purpose of enclosing a piece of land, dividing a piece of land into distinct portions, separating two contiguous estates, or stopping and/or creating an obstacle to pedestrian crossings; and consisting of a section or sections of any type of fencing material, chain, railing, arbor, trellis, blocks, bricks, stones, wood, iron wire, plastics, concrete or any other building or construction material; provided, however, that a structure which is solely for decorative purposes shall not constitute a fence, as long as such structure does not exceed four (4) feet in height, and provided that such structures on any residential lot do not, in total, consist of more than four (4)  eight (8) foot sections, with no more than two (2) such sections being connected or located within twelve (12) feet of each other.  The length of the materials shall be measured at their longest point.  Such decorative structures shall be landscaped along their total length with bushes, shrubs, plants or flowers.

2.  "Inoperative Vehicle."  A motor vehicle which is missing any of the following:  engine, tires, steering wheel, transmission, windows, valid license plate or is otherwise totally inoperable.

3.  "Vehicle, commercial."  Any motor vehicle not qualifying as a camping vehicle or passenger vehicle as defined in this Section designed or used for carrying freight, merchandise, passengers or tools of a trade for compensation or in furtherance of any commercial enterprise.

4.  "Vehicle, passenger."  Any motor vehicle licensed by the State of Maryland as a Class A or Class D motor vehicle, or an panel van under three hundred (300) cubic foot load space capacity, and any pick up truck with a capacity of three-quarters (3/4) of a ton or less, which has no lettering on the vehicle exceeding four (4) inches in height.

5.  "Camping Vehicle."  A vehicle, originally sold to the consumer by a manufacturer or dealer for recreational purposes, which is self-propelled or capable of being towed by a passenger motor vehicle and which provides facilities for temporary camping or sleeping or both including a unit designed to be carried by an open pick up truck.  The term camping vehicle includes "travel trailer,"  "camper," "recreational vehicle," "motor home," and "truck camper."

6.  "Cargo Trailer."  Any vehicle which is capable of being towed by a passenger or commercial motor vehicle and designed or used to store, haul, or transport merchandise, freight, refuse, or other materials whether used for private or commercial purposes and all those vehicles which were converted from other uses for such purposes.

7.  "Commercial/Industrial Building Products."  Welders, air compressors, steel building components, oil drums, blocks, lumber, bricks, stones, wire, plastics or any other building or construction material carried by an open pick up truck.

8.  "Unpaved Area."  Any parking surface not completely covered by asphalt, brick, block, or concrete.

9.  "Controlled hazardous substance."  Any hazardous substance that the Maryland Department of the Environment or any successor department or agency identifies as a controlled hazardous substance or low level nuclear waste.

10.  "Storage Shed or Shed."  Any small structure, either free-standing or attached to a larger structure, serving as storage for residential uses.

11.  "Private Parking Garage."  A building used for housing private motor vehicles.  (Sec. 26-1, 10 & 11 added by O-02-90).

12.  "New Development".  Any development proposed within the City of Bowie for which building permit applications are submitted subsequent to the effective date of Ordinance No. O-02-90 of the City of Bowie.

13.  "Accessory Building."  A building subordinate to, and located on the same lot with a main building and used for an accessory use; structures used for the benefit of a main building.

14.  "Carport."  A roof projecting from the main building, capable of being used as a shelter for an operable vehicle, whether screened and/or partially enclosed or not.

15.  "Private Parking Garage."  A building used for housing private motor vehicles only one of which may be a commercial vehicle.

16.  "Residential Storage:  The keeping or storing of items relating to, or items which are suitable for use in connection with, the place where one lives.

(Sec. 26-1 amended by O-30-90 by adding 12, 12, 14, 15, 16, adopted 12/17/90); (Sec. 26-1, subsec. 3, 5 and 8 amended by O-12-92, adopted 10/19/92).

17.  "Apparent Front Yard."  The area of a residential lot between that part or parts of the building which appear(s) to be its front because of its architectural features and orientation to a publicly dedicated street or private street or private parking area and the dedicated street.

18.  "Front Yard."  Front yard area shall be that area between the front of a structure and the publicly dedicated right-of-way, private right-of-way or parking area, extending the full width of the lot.

19.  "Rear Yard."  Rear yard area shall be that area between the rear of a structure and the rear lot line, extending between the side yards.  Except, if a rear lot line abuts a publicly dedicated right-of-way, private right-of-way or parking area (excluding through corner lots as defined herein) the rear yard shall extend the entire width of the rear lot line.

20.  "Side Street Yard."  Side street yard shall be that area of a lot on a corner or through corner lot which is not the apparent front yard, but which abuts a publicly dedicated right-of-way, private right-of-way or parking area.

21.  "Side Yard."  Side yard shall be that area between the side of a structure and the side lot line, extending from the front yard to the opposite (back) lot line.

22.  "Through Corner Lot."  A lot which abuts a publicly dedicated right-of-way, private right-of-way or parking area on three sides.

(Sec. 26-1 amended by O-19-92; and O-7-98, approved by the District Council 7/28/98).

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Sec. 26-2. Fences.

a) Purpose.  It is the intent and purpose of this Section 26-2 to protect the public health, safety, morals and general welfare of the City and its residents by generally restricting the placement of fences on residential lots.  Such restriction shall, among other things: Permit the rapid, free and unobstructed access to residences by emergency vehicles, personnel and equipment; allow for the unobstructed establishment, maintenance and creation of public rights-of-way along the streets and sidewalks in the City; prevent the obstruction or reduction, by man-made structures, of visibility at corners and intersections for drivers and pedestrians; add to the attractiveness and comfort of the residential district; create a better home environment in the City; preserve an area which is generally regarded by the public as pleasing to the eye; and preserve, improve and protect the general character of lands within the City and the improvements thereon.

b) Rule of construction.  In applying the fence restrictions contained in this Section 26-2, the term "Front Yard" shall mean the "Apparent Front Yard" and the side, side street and rear yards of any lot shall be determined by their relationship to the apparent front yard of the lot.  For through corner lots, one yard abutting a publicly dedicated right-of-way, private right-of-way or parking area shall be determined to be the apparent front yard as defined herein, and the other two yards abutting publicly dedicated rights-of-way or parking areas shall be side street yards.

c) Front Yard Fences. 

1) Except as hereinafter provided, fences are prohibited between the front building line of any residential dwelling and any publicly dedicated street, private street or parking area.

2) Notwithstanding the provisions of Subsection c)1) of this Section, front yard fences may be constructed beyond the front building line of those dwellings located in the Huntington Section of the City which were constructed prior to January 1, 1960, provided however, that said fences:

A. Shall not exceed four (4) feet in height;

B. Must be constructed of wood, cast iron or wire fencing materials, or other materials which replicate fence types which were consistent with historic guidelines as established by the City and, to the extend permitted by those guidelines, may incorporate stone and brick features; and

C. Are subject to a City building permit. 

d) Side Street Yard Fences. 

1) Except as herinafter provided fences are prohibited between the side street yard building restriction line of any residential dwelling and any publicly dedicated street, private street or private parking area; however, a fence may be located in any part of the side street yard of a lot where the side street yard lot line is a continuation of the rear yard lot line of the adjoining lot.

2) Northwithstanding the provisions of subsection (d)(1) of this section, side yard fences may be constructed between the side street yard building restriction line of any residential dwelling and any publicly dedicated street, private street or private parking area of those dwellings located in the Huntington section of the City which were constructed prior to January 1, 1960, provided however, that said fences:

A. Shall not exceed four (4) feet in height;

B. Must be constructed of wood, cast iron or wire fencing materials, or other materials which replicate fence types which were consistent with historic guidelines as established by the City and, to the extent permitted by those guidelines, may incorporate stone and brick features; and

C. Are subject to a City building permit.

e) Rear Yard Fences.  Fences in rear yards where the rear lot line is a continuation of the front yard line of the adjacent lot shall be set back 25 feet from the property line.

f) All fences legally existing on the effective date of O-19-92 which do not comply with this Section shall be deemed non-conforming uses.  All fences which are erected subsequent to the effective date of O-19-92 that are intended to replace those fences deemed to be non-conforming uses shall conform to the requirements of this Section.

A fence deemed to be a non-conforming use under this subsection which has been removed or destroyed through no fault of an due to circumstances beyond the control of the owner may be replaced or repaired in a manner substantially identical in all material respects to the fence so removed or destroyed.  Consideration shall be given to the similarity of such factors as materials, height, length and fence location between the original fence and the replacement fence.  Nothing contained in this subsection hall be construed to prohibit the maintenance and repair of a non-conforming fence as long as the fence is not changed in character and repairs are made with materials substantially the same as the materials requiring maintenance or repair.

g) Variance.  The Board of Appeals may allow a variance from the strict application of this Section according to the procedures and standards set forth in Section 26-15.

h) Temporary Fences; Model Homes.  The provisions of this section do not prohibit the temporary placement of fences between the building restriction line of a model home and a dedicated street during the period of initial sales for a new residential development provided the following conditions are met:

i) The fence may be placed during the marketing stage of the development only and must be removed immediately upon termination of the home's use as a sales model.

ii) The fence must be conspicuously posted that it is for marketing purposes only and that front yard fences are prohibited pursuant to the Bowie City Code.

iii) A statement must be included in both the sales contract for a new home either in the sales document or by addendum, and in the residential development's covenants, clearly stating the Bowie City Code prohibits the fence as displayed and that it will not be allowed in the development. (Sec. 26-2 amended by O-16-91, adopted 6/17/91; amended by O-19-92, effective upon approval by the District Council; Sec. 26-2 (f) and (g) amended by O-10-94, adopted 5/16/94; Sec. 2(c) amended by o-7-98, adopted by the District Council 7/28/98) ; Sec. 26-2 amended by O-9-06, adopted 11/6/06 and approved by the District Council on 1/30/07).

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Sec. 26-3. Inoperative Vehicles.

No owner, occupant, or lessee of property within the City may permit the storage, parking or repair of inoperative vehicles on any residential lot at any time, except within an enclosed structure. Prior to the issuance of a citation pursuant to this section notice shall be given to the owner, occupant or lessee of the alleged violation offering an opportunity to abate the violation prior to the issuance of a citation.  The notice must be in writing and served by personal service, regular mail or by affixing a copy thereof to the front of the premises.

Notice shall not be required to be given prior to issuance of a subsequent citation to any owner, occupant or lessee to whom a citation has been issued pursuant to this Section 26-3 within a one year period preceding the issuance of the subsequent citation.

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Sec. 26-4. Permitted Vehicle Parking in the R-R and R-E Zones.

The parking or storing of vehicles in the R-R (Rural Residential) and R-E (Residential Estate) zones shall be limited to the following vehicles owned or used by the occupants of the premises and their bona fide guests:

(a) Private passenger motor vehicles;

(b) One (1) unoccupied camping vehicle, provided that it is parked on a paved area of a residential lot, and not on a City street except for temporary purposes; such as the loading and unloading thereof, and the parking of a camping vehicle by a bona fide guest, not to exceed 72 hours;

(c) One (1) open watercraft and trailer designed to carry an open watercraft, provided that it is parked on a paved area of a residential lot, and not on a City street, except for temporary purposes, such as the loading and unloading thereof, and the parking of an open watercraft by a bona fide guest, not to exceed 72 hours;

(d) One (1) commercial vehicle, provided that such vehicle;

1.  Does not exceed the manufacturer's gross vehicle weight specifications of seventy-five hundred (7500) pounds,

2.  Contains no advertising other than a firm name or similar designation in lettering not exceeding four (4) inches in height, but excluding vehicles exceeding three-hundred (300) cubic feet of load space, stake platform trucks, crane or tow trucks, and vehicles with dual rear wheels.

(e) Farm vehicles and farm machinery used on the premises, in conjunction with a permitted agricultural use;

(f) Buses, on the same lot with, and as an accessory use to, principal uses as private schools or churches, or other places of worship, provided that:

1.  Such parking or storage area shall be in addition to any automobile parking compound on the premises, and shall be connected to a public street by means of a driveway, constructed in compliance with the minimum standards of the Prince George's County Department of Public Works and Transportation, having a minimum width of eleven (11) feet for each lane.

2.  Such parking or storage area shall be screened from any adjoining land in any residential zone by a slightly, opaque wall, fence, or planting strip, or combination thereof; and

3.  No repairs, service, maintenance, or gasoline dispensing or storage facility shall be permitted on the premises. (Sec. 26-4 (b), (c) amended by O-12-92, adopted 10/19/92.

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Sec. 26-5. Vehicle Parking in the R-55, R-80, and R-T Zones.

The parking or storing of vehicles in the R-55/R-80 (one-Family, Detached Residential) and R-T (Residential Townhouse) zones shall be limited to the following vehicles owned or used by the occupants of the premises and their bona fide  guests:

(a) Private Passenger motor vehicles;

(b) One (1) unoccupied camping vehicle;

(c) One (1) boat and trailer designed to carry a boat;

(d) One (1) commercial vehicle subject to the restrictions and conditions described in the parking and storage of commercial vehicles in the R-R/R-E zones.

(e) Buses subject to the restriction and conditions described under the parking and storage of buses in the R-R/R-E zones.

(Sec. 26-5 (b) amended by O-12-92 adopted 10/19/92.

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Sec. 26-6. Vehicle Parking in the R-30-C Zone.

The parking or storing of vehicles in the R-30-C zone (Multiple-Family, Low Density Residential Condominium) shall be limited to the following vehicles owned by the occupants of the premises and their bona fide  guests.

(a) Private passenger motor vehicles;

(b) Unoccupied camping vehicles;

(c) Boats and trailers designed to carry boats; and

(d) Commercial vehicles subject to the restrictions and conditions described under the parking and storage of commercial vehicles in the R-R/R-E zones. (Sec. 26-6 (b) amended by O-12-92 adopted 10/19/92).

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Sec. 26-7. Vehicle Parking in the O-S Zone.

The parking or storing of vehicles in the O-S zone (Open Space) shall be limited to the following vehicles owned or used by the occupants of the premises and their bona fide  guests:

(a) Private passenger motor vehicle;

(b) Unoccupied camping vehicles;

(c) Boats and trailers designed to carry boats;

(d) Commercial vehicles subject to the restrictions and conditions described under the parking and storage of commercial vehicles in the R-R/R-E zones;

(e) Buses subject to the restrictions and conditions described under parking and storage of buses in the R-R/R-E zones. (Sec. 26-7 (b) amended by O-12-92, adopted 10/19/92).

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Sec. 26-8. Parking on Unpaved Areas.

The parking or storage of motor vehicles, boats, trailers designed to carry boats, motor homes and camping vehicles shall be prohibited on the unpaved area of any yard in any residential lot except during a snow emergency. (Sec. 26-8 amended by O-12-92 adopted 10/19/92).

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Sec. 26-9. Prohibition of Parking Cargo Trailers and Storage of Commercial/Industrial Building Products.

(a) The parking or keeping of cargo trailers shall be prohibited on any residential lot and street within the City, except (1) where the cargo trailer is used for the pickup or delivery of materials to be used on the residential lot within 72 hours after pickup or delivery; or (2) the cargo trailer is used in connection with construction taking place on the residential lot, and then only for a period not to exceed thirty (30) days.

This Section shall not apply to a cargo trailer parked or kept in a garage or other wholly enclosed structure on the residential lot.

(b) No open storage of commercial/industrial building products within the City shall be allowed on a residential lot except during the period in which the products are to be used in connection with actual construction taking place on the residential lot, and then only for a period not to exceed thirty (30) days.

(c)  Recreation vehicles shall not be stored on cargo trailers on any residential lot or street within the City.

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Sec. 26-10. Prohibition of Parking Commercial or Other Vehicles Carrying Controlled Hazardous Substances in Residential Zones.

The parking of a commercial or any other vehicle carrying controlled hazardous substances shall be prohibited in residential zones within the City.

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Sec. 26-11. Residential Storage.

a) Accessory buildings used for residential storage, excluding the keeping or storage of cars, trucks, cargo vehicles, boats, and trailers, shall be permitted in residential zones in the City of Bowie on lots consisting of 20,000 square feet or less subject to the following restrictions:

i. Floor Area.  The maximum allowable floor area of an accessory building, temporary or permanent, including any projections therefrom shall be 200 square feet, provided that the property owner has obtained any necessary permits from Prince George's County and the City.  Additionally, the total combined floor area of all accessory buildings located on a single lot shall not exceed 200 square feet.  An attached accessory building may be permitted so long as it is part of the structure of the main residence and has at least one common wall therewith.

ii. Height.  No accessory building or carport shall exceed one story, or an overall height of fifteen feet (15') measured from the lowest exposed point of the structure to the highest exposed point of the structure.

iii. Design.  An attached accessory building shall be constructed of building materials similar in type and color to the type and color of materials used in the main residence so as to blend therewith.

iv. Location.  Accessory buildings may be located only in the rear yard of a residential lot in accordance with all applicable setback requirements of subtitle 27 of the Prince George's County Zoning Ordinance.  On corner lots, accessory buildings may only be located in the area of the rear yard which is contiguous to the side and rear yard area of any adjacent lot and may not be located in any portion of the rear yard which is closer to a public right-of-way than the main building.

(b) Residential storage shall be prohibited in any carport, or front porch, or portion thereof.

(c) The storage of hazardous substances shall be prohibited in any accessory building, carport and garage; excluding maintenance of residential property and dwellings located thereon.

(d) Accessory buildings encompassed by this section shall include storage sheds and any other detached structure that is used for storage located on the same lot as a residence.

(e) A violation of this section shall be deemed a municipal infraction.

(f) In the case of new development in the City of Bowie, where accessory buildings are incorporated into the design of the proposed development, the City Manager may waive the limitations of this section.

(g) All accessory buildings legally existing at the time of the adoption of this Ordinance which do not comply with this section shall be deemed non-conforming uses.  However, all accessory buildings which are erected subsequent to the adoption of this ordinance that are intended to replace accessory structures deemed to be nonconforming uses shall conform to the requirements of this section.

(h) The limitations on accessory buildings contained in Section 27-442 of the Prince George's County Zoning Ordinance (i.e. setbacks, and total lot coverage) apply to accessory buildings within the City of Bowie, except as otherwise provided in this Chapter.

(i)  This section shall not apply to those properties in the Huntington section of the City upon which residential dwellings were constructed prior to January 1, 1960, on which lots, accessory buildings used for residential storage, as defined in subsection (a) of this section, are permitted when a County permit has been obtained for the construction of such building.  For those properties, when a County building permit has been issued, a City building permit will be issued for the same project, provided that the construction otherwise meets the City’s requirements for a building permit.

(j)  Variance.  The Board of Appeals may allow a variance from the strict application of this section according to the procedures and standards set forth in Section 26-15.

(Chapter 26, Sections 26-1 through 26-11 reenacted by O-01-90).

Section 26-1 and 26-11 amended by O-02-90, 2/5/90).

(Section 26-1(a) and (b) amended by O-30-90, adopted 12/17/90).

(Section 26-11 (i) amended by O-10-94, adopted 5/16/94 and O-14-94 adopted 10/3/94).

(Section 26-11 (i) and (iii) amended by O-3-06, adopted 4/3/06 and effective 5/3/06).

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Section 26-12.  Residential Parking.

(a) Private parking garages located in residential zones within the City of Bowie on lots consisting of less than 30,000 square feet shall be permitted subject to the following restrictions:

i. Location:  Private parking garages must be attached to a main building by a common wall and shall not exceed one story.  Detached garages are prohibited.

ii. Use: Private parking garages may be used for the storage of cars, trucks, boats, cargo trailers, cargo vehicles and other similar vehicles or for residential storage.

iii. Height: Private parking garages shall not exceed the height of the residence to which the garage is attached.

iv. Design: Private parking garages shall be constructed of materials similar in type and color to the building materials in the residence to which the garage is attached.

(b) A violation of this section shall be deemed a municipal infraction.

(c) In the case of new development in the City of Bowie, where detached garages are incorporated into the design of the proposed development, the City Manager may waive the limitations of this Section.

(d) All private parking garages legally existing at the time of the adoption of this ordinance which do not comply with this section shall be deemed non-conforming uses.  However, all private parking garages erected subsequent to the adoption of this ordinance which are intended to replace a parking garage deemed to be a nonconforming use, shall comply with the requirements of this section.

(e) The limitations on private parking garages contained in Section 27-442 of the Prince George's County Zoning Ordinance (i.e. setbacks and total lot coverage) apply to private parking garages within the City of Bowie, except as otherwise provided in this Chapter.

(f)  This section shall not apply to those properties in the Huntington section of the City upon which residential dwellings were constructed prior to January 1, 1960, on which lots, private garages are permitted when a County permit has been obtained for the construction of such garage.  For those properties, when a County building permit has been issued, a City building permit will be issued for the same project provided that the construction otherwise meets the City’s requirements for a building permit.

(g) Variance.  The Board of Appeals may allow a variance from the strict application of this section according to the procedures and standards set forth in Section 26-15.

(Sec. 26-12 amended by O-30-90, adopted 12/17/90). (Section 26-12 (f) amended by O-10-94, adopted 5/16/94 and O-14-94, adopted 10/3/94).

(Sec. 26-12 (f) and (g) amended by O-15-98, adopted 3/2/98, effective 4/1/98).

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Sec. 26-12A.  Signs.

(a)  The provisions of Subtitle 27, “Zoning”, Part 12, “Signs”, Division 1, “General;” Division 2, “Administration”, Subdivision 1, “Permits”, and Subdivision 2, “Nonconforming use signs and nonconfirming signs;” and Division 3 “Design standards”, of the Code of Prince George’s County, Maryland as amended from time to time, are hereby adopted and incorporated herein by reference.

(b)  Enforcement.

1. Whenever the City Manager (or his designated representative) determines that a sign is unsafe, he shall issue a notice of violation, directing that the sign be made safe or removed.  The person owning or using the sign or, in the case of a gateway sign, the homeowner’s association or other entity responsible for the maintenance of the sign, shall comply with the notice of violation within five (5) days after the person, homeowner’s association, or other entity receives the notice of violation.  Notwithstanding any provision of this subsection to the contrary, in the event that there is an immediate danger to the public safety, as determined by the City Manager or his designated representative in his sole discretion, the unsafe sign shall be made safe or removed immediately upon receipt of the notice of violation.

2. Whenever the City Manager (or his designated representative) determines that a sign violates any of the requirements of the Code of Prince George’s County, Maryland adopted in Subsection (a) of this Section, he shall issue a notice of violation directing that the sign be made to conform to all of the requirements of the Code of Prince George’s County, Maryland adopted in Subsection (a) of this Section or removed.  The person owning or using the sign or, in the case of a gateway sign, the homeowner’s association or other entity responsible for the maintenance of the sign, shall comply with the notice of violation within five (5) days after the person, homeowner’s association, or other entity receives the notice of violation.

3. If the unsafe or illegal sign is not corrected or removed in accordance with a notice of violation issued by the City Manager (or his designated representative) in accordance with the provisions of Subsection (b)1. or (b)2. of this Section, the City manager (or his designated representative) shall cause the sign to be removed.  The cost of removal shall be borne by the owner, user, homeowner’s association, or entity responsible for the sign and shall be assessed against the property and shall constitute a lien collectible in the same manner as real property taxes.

(Sec. 26-12A added by O-11-98, adopted 2/2/98, effective 3/4/98).

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Section 26-13. Penalty.

Violations of this Chapter are municipal infractions, subject to the penalty and enforcement provisions of Chapter 1, Sections 6 and 6A of this Code. (Sec. 26-12 and Sec. 26-13 added by O-02-90, 2/5/90; Sec. 26-13 amended by O-17-94, adopted 10/3/94).

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Sec. 26-14. Board of Appeals.

(a) There is hereby established a Board of Appeals to review and render decisions on applications for variances.

(b) Composition and membership.  The Board of Appeals shall be composed of members of the Administrative Review Board as established by Chapter 1A of the Bowie City Code.  The Chairman of the Administrative Review Board shall act as the Chairman of the Board of Appeals and shall appoint at least two additional members of the Administrative Review Board to serve as the Board of Appeals on an ad hoc basis.  For all business of the Board of Appeals three members must be present to constitute a quorum. (Sec. 26-14(b) amended by O-6-95, adopted 5/15/95).

(c) Powers.

1. The Board of Appeals may grant a variance from the strict application of a section within this Chapter only where specifically so provided in that section and only pursuant to the standards and procedures set forth in Section 26-15 of this Chapter.

2. The Board of Appeals may exercise all powers under the laws of evidence applicable to administrative proceedings under the laws of the State of Maryland to discover any information relevant to the variance request, including, but not limited to, subpoena, interrogatories, production of documents and depositions.

3. The Board of Appeals shall have authority to administer oaths and affirmations, examine witnesses, rule upon questions of evidence and issue notices and orders, take actions and make decisions or recommendations in conformity with this Chapter.

(d) Support staff.  The City Manager shall designate a staff liaison to the Board of Appeals who shall provide support service as may be required.  The City Attorney shall serve as counsel to the Board. (Sec. 26-14 added by O-14-94, adopted 10/3/94).

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Sec. 26-15.  Variance Procedures and Standards.

(A) Procedures.

1. Application.

a. All requests for a variance shall be made by application filed with the City.  The City shall make available an application form which shall require an accurate description of the subject property and the variance being requested, and the basis of the request.

b. In addition to the application, the applicant shall submit the following:

i. One (1) copy of a site plan, survey or other graphic illustration satisfactory to the City which accurately depicts the location of all relevant features of the property, including but not limited to structures, property lines, setback lines and all other features that, when viewed together, result in the need for the requested variance.  The site plan, survey or other graphic illustration must also depict the measurements of and between these features and the location, size and scope of the requested variance; and

ii. One (1) copy of a written explanation by the applicant describing how the proposed use meets the relevant standards prescribed in Subsection (B) below.

2. Required Public Hearing.  Before making its decision on any application for variance, the Board of Appeals shall hold a public hearing on the matter in accordance with rules and regulations, approved by the City Council, which rules and regulations shall substantially conform with the procedures for hearing contested cases subject to the State Administrative Procedure Act.  The hearing shall be open to the public and records and minutes shall be maintained by the Board at all such hearings.  The Board shall issue a written decision either granting, granting with modifications or denying the variance application within thirty (30) days from the closing of the hearing or as soon thereafter as may be reasonably possible.  The Board shall provide a copy of its written decision to the persons of record. 

3. Notice of Hearing.  Notice of the hearing shall be sent via certified mail, return receipt requested, postmarked not less than seven (7) days prior to the date of the hearing to the applicant.  Additionally, notice of the hearing shall be sent via first class mail, postage prepaid, to the owners of abutting property (including those properties directly across a street, alley, or stream).  The notice shall contain:

a.  The date, time and place of the hearing; and

b.  A brief statement describing the specific nature of the variance requested.

4.  No Refiling.  If the Board of Appeals denies an application for variance, no further application concerning the same specific subject on the same property may be filed.

(B) Standard of Review.  A variance may only be granted by the Board of Appeals when:

1.  A specific parcel of land has exceptional narrowness, shallowness, or shape, exceptional topographic conditions, or other extraordinary situations or conditions;

2.  The strict application of this Chapter will result in peculiar and unusual practical difficulties to, or exceptional or undue hardship upon, the owner of the property; and

3.  The variance will not substantially impair the intent, purposes or integrity of the policies of the City.

(C)  Other laws.  Nothing in this section shall be construed to relieve the applicant of any other duties, obligations, restrictions or requirements, including but not limited to permit requirements, of other sections of the Bowie City Code, the Prince George's County Code, or any other relevant laws, rules, ordinances or regulations.

(Sec. 26-14 added by O-10-94, adopted 5/16/94).

(Sections 26-2(g), 2-11(i), 26-12(f); Sec. 26-14 renumbered to Sec. 26-14 and amended by O-14-94, adopted 10/3/94).

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Sec. 26-16. Severability.

If any clause, sentence or part of this Chapter, or of any section thereof, shall be held unconstitutional or invalid, such unconstitutionality or invalidity shall not affect the validity of the remaining parts of this Chapter or of any section thereof.

(Sec. 26-9 amended by O-12-92 adopted 10/19/92).

(Sec. 26-16 added by O-14-94 adopted 10/3/94).

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Article II. Municipal Zoning Authority

Sec. 26-17.  Purposes.

The purpose of this ordinance is to create a process whereby the City Council may grant departures from design standards, landscaping standards, including parking and loading standards and sign design standards, as well as variances from lot size, setback, lot coverage, lot/width frontage, green area, height and any other requirements of the Prince George’s County Zoning Ordinance from which a variance may be granted by the Prince George’s County Council or Board of Appeals in order to overcome deficiencies in the current zoning process, to remove obstacles which hinder development within the city and to promote community and economic development vitality by encouraging appropriate development within the City.

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Sec. 26.18.  Definitions.

a. Planning Board:  The City of Bowie Advisory Planning Board.

b. Person of Record (Party of Record):  The owner, applicant, correspondent and any person who, in writing, prior to the close of the hearing before the Planning Board or in testimony before the Planning Board, requests to become a party to the proceeding.

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Sec. 26.19.  Powers and duties of Bowie Advisory Planning Board to conduct hearings.

a. The Planning Board shall conduct hearings for the following categories of requests with respect to property located within the corporate boundaries:

(1) Applications for variances from the strict application of the Prince George’s County Zoning Ordinance with respect to lot size, setback, lot coverage, lot/width frontage, green area, height and any other requirements of the Prince George’s county Zoning Ordinance from which a variance may be granted by the Prince George’s County Council or Board of Appeals, except that the Planning Board shall not have the power to hear and decide applications for variances in conjunction with a special exception or revision of site plan.

(2) Departures From Design and Landscaping Standards of the Prince George’s County Zoning ordinance set forth in Part 2, “General”, Division 4, “Regulation Applicable in All Zones”,  Subdivision 6, “Landscaping, Buffering and Screening” (Sec. 27-123) and in Part 11, “Off-street Parking and Loading”, Division 2, “Parking Facilities”, Subdivision 2, “Design Standards” (Sec. 27-554 through 27-566), and Division 3, “Loading Facilities”, Subdivision 2, “Design Standards” (Sec. 27-581).

(3) Departures From Park and Loading Schedules of the Prince George’s County Zoning Ordinance, set forth in Part 11, “Off-street Parking and Loading”, Division 2, “Parking Facilities”, Subdivision 3, “Minimum Requirements” (Sec. 27-568), and Division 3, “Loading Facilities”, Subdivision 3, “Minimum Requirements (Sec. 27-582).

(4) Departures From Sign Design Standards of the Prince George’s County Zoning Ordinance, Part 12 “Signs”, Division 3 (Sec. 27-613 through 27-630).

b.  The Planning Board shall conduct a complete public hearing on the requests specified in Subsection a) of this Section, subject to all the requirements and restrictions imposed by law upon the City Council.  The Planning Board is empowered to swear witnesses and to issue subpoenas for witnesses and documents.

c. After the conclusion of the hearing, the Planning Board shall serve upon all persons of record a written recommendation containing specific findings of fact, conclusions of law, and a recommended disposition of the case.  The recommendation shall be filed with the City Council and the Prince George’s County Planning Department at the same time.

d. Rules of procedure for hearings and other meetings.

(1) The Planning Board may adopt rules of procedure consistent with the provisions of this Section and the Prince George’s County Zoning Ordinance.

(2) The Planning Board shall keep minutes of its proceedings.

(3) Hearings may be adjourned and continued.  If the date, time, and place of the continued hearing is publicly announced at the time of the adjournment, no further notice of the continuation shall be required.  If the date, time, and place is not publicly announced at the time of the adjournment, notice shall be given in the same manner as with the original hearing.

(4) All actions of the Planning Board shall be taken by Resolution, in which a majority of the members must concur.  Each Resolution shall contain a statement of the grounds and findings of fact and conclusions of law forming the basis of the action.  The text of the Resolution and record of members’ votes shall be incorporated into the minutes of the Planning Board.  All such Resolutions of the Planning Board shall be transmitted to the City Council within five (5) days of the date thereof.

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Sec. 26-20.  Criteria for granting variances.

A variance from lot size, setback, lot coverage, lot/width frontage, green area, height and any other requirements of the Prince George’s County Zoning Ordinance from which a variance may be granted by the Prince George’s County Council or Board of Appeals may only be granted upon a finding that:

(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 the County Zoning Ordinance will result in peculiar and unusual practical difficulties to, or exceptional or undue hardship upon, the owner of the property;

(3) The variance will not substantially impair the intent, purpose, or integrity of any applicable County General Plan or County Master Plan.

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Sec. 26-21.  Procedures for granting variances.

a. Before making its recommendation on any variance request, the Planning Board shall hold a public hearing on the matter.

b. Filing requirements

(1) Variance requests shall be made on the forms provided by the Planning Board.  All information required on the forms shall be furnished by the applicant and the Planning Board shall not accept any form which is incomplete.

(2) Variance requests shall be numbered sequentially and scheduled to be heard by the Planning Board.  The schedule shall be posted conspicuously in City Hall at least seven (7) days prior to the hearing date.

(3) Variance requests may be made by any person who alleges that he or she is aggrieved by the issuance of a zoning violation or notice or other decision made in administering the Prince George’s County Zoning Ordinance if such decision relates to lot size, setback, lot coverage, lot/width frontage, green area, height or any other requirements of the Prince George’s County Zoning Ordinance from which a variance is permitted.  Such person shall notify the Planning Board of the request within thirty (30) days of the issuance of the notice or other decision.  The Planning Board may waive the requirement and allow the filing of a variance prior to any action on a permit.

c. Filing fees

(1) Upon filing the application, the applicant shall pay a filing fee to the City in an amount established by the City Council and amended from time to time, to help defray the costs of processing the application.  The filing fee for a variance for a church or other place of worship shall not exceed one hundred dollars ($100.00).  The applicant shall also pay a fee of ten dollars ($10.00) for each public notice sign required by this Section.  The filing and sign fees are non-refundable unless, following a request by the applicant, the Planning Board finds that the fees were paid by mistake.  All fees must be paid at the time of filing, except as otherwise provided in this article.

(2)  In lieu of the fee, the applicant may submit an affidavit claiming that payment of the fee would be an extreme financial hardship.  Such hardship may only be claimed by a natural person.  The affidavit shall contain the information required by the Planning Board and any other pertinent facts which the applicant feels are necessary.

(3)  Upon filing the affidavit, the Planning Board shall, within ten (10) working days, determine whether payment of the fee is an extreme financial hardship on the applicant.  Should the Planning Board find that hardship does not exist, the applicant shall be required to pay the fee before the request may be heard by the Planning Board.

d. Notice of public hearing

(1)  At least seven (7) days notice of the date, time and place of the hearing shall be sent by certified mail, return receipt requested, to the applicant, to any agency or department whose decision is the subject of the variance request and to the owners of abutting property (including those properties directly across a street, alley or stream).

(2)  The Planning Board may send notice of the hearing to other interested persons, organizations, or agencies, and/or the State Highway Administration.  The Planning Board shall send a notice of hearing and a site plan drawn to scale to the Maryland-National Capital Park and Planning Commission, the Prince George’s County Planning Board, and the Prince George’s County Council sitting as the District Council.

(3)   All notices shall contain:

A.   the name of the applicant;

B.  the date, time and place of the hearing; and

C.  a brief statement describing the specific nature of the variance request.

(4)  The Planning Board shall require notice of hearings by at least one (1) advertisement in a newspaper of general circulation in the City.  The advertisement shall appear not less than five (5) days prior to the date of the hearing and shall contain the same information as is required in the written notices.

(5)  When the subject property is not in a residential zone, the Planning Board shall post the property with a durable sign at least fifteen (15) days prior to the scheduled hearing date.  The sign shall include the following information:

A.   the title “Notice of Public Hearing”;

B.  the name of the applicant;

C.   total area of the property;

D.   a brief statement describing the nature of the request;

E.   date, time and place of the public hearing; and

F.   instructions for obtaining further information regarding the request.

(6)  There shall be one (1) sign posted for each one thousand (1,000) feet or fraction thereof frontage on each improved street.  The sign(s) shall be posted on the property near the street right-of-way, so as to be visible from the improved portion of the street.  When more than one (1) sign is required to be posted along a street, the signs shall, where practicable, be evenly spaced along the street.

(7)  If the property does not have frontage on an improved street, one (1) sign shall be placed near to, and be visible from, the improved portion of the nearest, most traveled street.  In addition to the required information, this sign shall state that the sign is not on the subject property, and that a property having no improved street frontage is the subject of the hearing.

(8)  All signs posted shall be conspicuous and legible for at least fifteen (15) days prior to the hearing.  The applicant is responsible for the maintenance of all signs.

e.  In order to help it reach a decision, the Planning Board may request the Maryland-National Capital Park and Planning Commission, Prince George’s County, Prince George’s County Planning Board, and/or the State Highway Administration to furnish technical service, advice, data or factual evidence.  These comments and recommendations shall be available for public examination prior to the public hearing.

f.  At the conclusion of the public hearing, the Planning Board may close the record, or may leave the record open (for a specific time) for receipt of additional written evidence.

g.  Not less than fifteen (15) days after receipt of a recommendation of the Planning Board regarding a variance, a majority of the City Council may adopt the recommendation of the Planning Board by consent, unless within that fifteen (15) day period, a councilmember requests oral argument on the matter or exceptions and a request for oral argument are filed in accordance with Sec. 26-22 below.  Oral argument may only be requested by a councilmember when an action of the Planning Board is not unanimous or when it is alleged that the recommendation fails to comply with the criteria established herein.  Oral argument shall be conducted in accordance with Sec. 26-22.  Failure of the City Council to act on the recommendation of the Planing Board within sixty (60) days of the receipt thereof shall result in the denial of the request.

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Sec. 26-22.  Exceptions to the Planning Board’s recommendation regarding variances.

Any person of record may file with the City Council, within fifteen (15) calendar days after the notice of the Planning Board’s recommendation, exceptions to the Planning Board’s recommendation, and a request for oral argument before the City Council, under the circumstances set forth in Sec. 26-21(g).

(1)  The City Clerk shall notify the Planning Board of any exceptions and/or requests for oral argument, and within seven (7) days of receiving said notice the Planning Board shall transmit to the City Council a copy of the record created by the Planning Board, including but not limited to, all written evidence and materials submitted for consideration by the Planning Board and a transcript of the public hearing on the variance application.

(2)  The City Council shall schedule oral argument on the appeal.  The City Clerk shall give at least seven (7) calendar days notice of the hearing to all persons of record and the Planning Board.  Oral argument shall be limited to the facts and information within the record made by the hearing before the Planning Board.

(3)  After the close of the Council’s hearing, a majority of the City Council shall accept, deny, or modify the recommendation of the Planning Board, or return the variance application to the Planning Board to take further testimony or reconsider its recommendation.

(4)  The Council shall give its decision in writing, stating the reasons for its action.  Copies of the decision shall be sent to all persons of record, the Planning Board, the Maryland-National Capital Park and Planning Commission and the Prince George’s County Council sitting as the District Council.

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Sec. 26-23.  Validity period of decision regarding variances.

a. A decision of the City Council permitting the erection of a building or structure shall not be valid for more than two (2) years, unless a building permit for the erection of the building or structure in question is obtained within this period and the construction is started and proceeds to completion in accordance with the terms of the decision and the permit.

b. A decision of the City Council granting a variance from the screening requirements set forth in Sections 27-469(b)(3) and 27-470(b)(3) of the Prince George’s County Zoning Ordinance shall not be valid for more than five (5) years.

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Sec. 26-24.  Refiling variance requests.

If the City Council denies a variance, no further variance covering the same specific subject on the same property shall be filed within the following twelve (12) month period.  If the second variance is also denied, no other subsequent variances covering the same specific subject on the same property shall be filed within each eighteen (18) month period following the second denial.

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Sec. 26-25.  Departures from design standards, landscaping standards, parking and loading standards and sign design standards.

a. A departure from the design standards contained in Part 11 and Part 12 of the Prince George’s County Zoning Ordinance and the Prince George’s County Landscape Manual may be permitted by the Planning Board in accordance with the provisions of this section.

b. Procedures.

(1)  Application

A.  All requests for a departure from design standards shall be in the form of an application filed with the Planning Board.  The Planning Board shall determine the contents of the application and shall provide the application form.

B.  Along with the application, the applicant shall submit the following:

(I)  15 copies of a site plan and other graphic illustrations which are considered necessary to indicate what is being proposed;

(II)  15 copies of a written statement by the applicant addressing the requirements of paragraph (8) below.  The applicant shall be responsible for providing all information that is necessary for the Planning Board to make its decision under paragraph (7); and

(III) a list of the names and addresses of the abutting property owners.

(2)  Filing Fees

A.  Upon filing the application, the applicant shall pay to the Planning Board a filing fee of four hundred dollars ($400.00) to help defray the costs of processing the application.  A reduction in the fee may be permitted by the Planning Board when it finds that payment will cause undue hardship upon the applicant.

B.  Sign posting fees

(I)  In addition to the filing fee, a sign posting fee of thirty dollars ($30.00) for each sign required shall be paid by the applicant to the Planning Board at the time the application is filed.

(II) When the application involves a utility right-of-way, the fee shall be thirty dollars ($30.00) each for the first four (4) signs, plus five dollars ($5.00) for each sign over four (4).

(III) No part of a fee shall be refunded or waived unless the Planning Board determines that one (1) of the following conditions applies:

(aa) The fee was paid by mistake, and the applicant has requested (in writing) a refund; or

(bb) The application has been withdrawn prior to posting the sign.  In this case, the entire sign posting fee shall be refunded.

(3)  Hearing

Prior to making a recommendation on a departure from design standards, the Planning Board shall hold a public hearing on the matter.  The Planning Board shall determine the procedures under which the hearing will be held.

(4)  Notice

A.  Notice of the date, time and place of the hearing shall be sent to all persons of record, the Maryland-National Capital Park and Planning Commission and the Prince George’s County Council sitting as the District Council.  The notice sent to the Maryland-National Capital Park and Planning Commission and the Prince George’s County Council sitting as the District Council shall be accompanies by a site plan drawn to scale.

B.  The Planning Board shall post the property within at least one (1) durable sign giving notice of the hearing at least fifteen (15) days prior to the scheduled hearing date.  The contents of the sign and the number of signs required shall be determined by the Planning Board.  All signs posted must be conspicuous and legible.  The applicant is responsible for the maintenance of all signs.

C.  Additional notice may be given, as determined by the Planning Board.

(5)  In order to help it reach a decision, the Planning Board may request the Maryland-National Capital Park and Planning Commission, Prince George’s County, Prince George’s County Planning Board, and/or the State Highway Administration to furnish comments or recommendations.  These comments and recommendations shall be available for public examination prior to the public hearing.

(6)  Record.

A.  The record created before the Commission shall include, but not be limited to:

(I) The application form and accompanying data;

(II) Comments and recommendations (if any) from the Maryland-National Capital Park and Planning Commission, Prince George’s County, Prince George’s County Planning Board, and the State Highway Administration;

(III) All correspondence relative to the application;

(IV) All testimony at the public hearing; and

(V)  Other items which the Planning Board deems necessary.

B.  At the conclusion of the public hearing, the Planning Board may close the record, or may leave the record open (for a specified time) for receipt of additional written evidence.

(7)  Planning Board recommendation.

A. After the close of the record, the Planning Board shall take action on the request.  The recommendation of the Planning Board shall be based on the record, and shall be embodied in a resolution adopted at a public meeting, containing the findings of fact and conclusions of law forming the basis for the Planning Board’s recommendation.

B. The Planning Board shall within fifteen (15) days after the close of the record give written notice of its recommendation to all persons of record and the Mayor and Council.

(8)  Required findings.

A.  A recommendation that a departure be granted shall be made by the Planning Board only upon the following findings:

(I) The purposes of the Prince George’s County Zoning Ordinance (Section 27-102) will be equally well or better served by the applicant’s proposal;

(II) The departure is the minimum necessary, given the specific circumstances of the request;

(III) The departure is necessary in order to alleviate circumstances which are unique to the site or prevalent in areas of the City developed prior to November 29, 1949;

(IV) The departure will not impair the visual, functional, or environmental quality or integrity of the site or of the surrounding neighborhood.

B.  For a departure from a standard contained in the Landscaping Manual, the Planning Board shall find, in addition to the requirements in Paragraph (8)(i) above, that a proposal for alternative compliance has been denied by the Maryland-National Capital Park and Planning Commission, based upon the findings that there is no feasible proposal for alternative compliance which would exhibit equal or better design characteristics.

C.  For departures from parking and loading standards, the Planning Board shall find, in addition to the findings required by Subsection 8(i)(I and II) of this Section, that:

(I)  The purposes of Section 27-550 of the Prince George’s County Code will be served by he applicant’s request;

(II)  All methods for calculating the number of spaces required (Division 2, Subdivision 3, and Division 3, Subdivision 3, of the Prince George’s County Code) have either been used or found to be impractical; and

(III) Parking and loading needs of adjacent residential areas will not be infringed upon if the departure is granted.

D. In making its findings, the Planning Board shall give consideration to the following:

(I)  The parking and loading conditions within the general vicinity of the subject property, including numbers and locations of available on-and-off street spaces within five hundred (500) feet of the subject property;

(II)  The recommendations of an area Master Plan, or County or Local Revitalization Plan, regarding the subject property and its general vicinity;

(III) Public parking facilities which are proposed in the County’s Capital Improvement Program within the general vicinity of the property.

E.  Facilities for the physically handicapped.

A departure from the design standards for parking facilities for the physically handi-capped shall not be granted.

c.  Not less than fifteen (15) days after receipt of a recommendation of the Planning Board regarding a departure, a majority of the City Council may adopt the recommendation of the Planning Board by consent, unless within that fifteen (15) day period, a councilmember requests oral argument on the matter or exceptions and a request for oral argument are filed in accordance with Sec. 26-26 below. Oral argument may only be requested by a councilmember when a recommendation of the Planning Board is not unanimous or when it is alleged that the recommendation fails to comply with the criteria established herein.  Oral argument shall be conducted in accordance with Sec. 26-26.  Failure of the City Council to act on the recommendation of the Planning Board within sixty (60) days of the receipt thereof shall result in the denial of the request.

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Sec. 26-26.  Exceptions to the Planning Board’s recommendation regarding departures.

a.  Any person of record may file with the City Council within fifteen (15) calendar days after the notice of the Planning Board’s recommendation exceptions to the Planning Board’s recommendation and a request for the oral argument before the City Council, under the circumstances set forth in Sec. 26-25(c).

b.  The City Clerk shall notify the Planning Board of any exceptions and/or request for oral argument within seven (7) days of receiving said notice, the Planning Board shall transmit to the City Council a copy of the record created by the Planning Board, including but not limited to, all written evidence and materials submitted for consideration by the Planning Board and a transcript of the public hearing on the proposed departure.

c.  The City Council shall schedule a public hearing on the appeal.  The City Clerk shall give at least fourteen (14) calendar days notice of the hearing to all persons of record and the Planning Board.  Oral argument shall be limited to the facts and information within the record made at the hearing before the Planning Board.

d.  After the close of the Council’s hearing, a majority of the City Council shall affirm, reverse, or modify the recommendation of the Planning Board, or return the proposed departure to the Planning Board to take further testimony or reconsider its recommendation.

e.  The Council shall give its decision in writing, stating the reasons for its action.  Copies of the decision shall be sent to all persons of record, the Planning Board, the Maryland-National Capital Park and Planning Commission and the Prince George’s County Council sitting as the District Council.

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Sec. 26-27.  Appeal.

Any person aggrieved by a decision of the City Council who was a person of record in the proceeding before it may appeal the decision to the Circuit Court for Prince George’s County, Maryland which shall have the power to affirm the decision of the municipality, or, if the decision is not in accordance with law, to remand the matter or to modify or reverse the decision.

Article II, Municipal Zoning Authority, added by Ordinance O-24-98, adopted October 19, 1998 and effective December 12, 1998.

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Article III. Service Volume Standards for City Streets

Sec. 26-28. Purpose.

a. These standards are adopted for evaluation by the City's Planning Department of the effects of development on City-controlled residential streets as part of the development review process, building permit application review and driveway apron application review, and set forth level-of-servic calculations for such residential streets. The need for a system to analyze traffic impacts on the City's residential streets is supported by City residents. Such a system is intended to preserve the character, safety and integrity of residential streets that are used by both vehicles and pedestrians.

b. Prince George's County's Adequate Public Facilities Regulations do not require developers to assess traffic impact on streets controlled by a municipality. The City has determined that the minimum acceptable level-of-service on City residential streets should be Level-of-Service C (ADT), due to an overriding concern for public safety. Streets within the City's residential street system are different from roads analyzed under the County's Adequate Public Facilities Regulations. City streets typically have many driveway curb cuts and, in many instances, do not include sidewalks as part of their ultimate design. There is a need to limit the encroachment of large numbers of vehicles in order to preserve the multiple functions of the City's residential streets and also to reduce the magnitude of the corresponding adverse impacts from noise, speeding, and other causes.

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Sec. 26-29. Definitions.

1. "ADT" - Average Daily Traffic.

2. "Collector Streets" - are defined as Mount Oak Road, Excalibur Road, Northview Drive, and Heath Center Drive. Collector streets are not intended to be subject tot he standards set forth in this Article.

3. "Major Drives" - City primary residential streets that connect to State roads or serve commercial properties and have an existing ADT in excess of 4,000 vehicles. Major drives are at least 36 feet in paved width, and have a right-of-way of at least 60 feet.

4. "Primary Residential Streets" - City Streets that are not collector streets, major drives or secondary residential streets and are at least 36 feet in paved width, and have a right-of-way of at least 60 feet.

5. "Secondary Residential Streets" - City streets that are not collector streets, major drives or primary residential streets and are at least 26 feet but fewer than 36 feet in paved width, and have rights-of-way that are between 30 and 50 feet.

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Sec. 26-30. Application.

The standards set forth in this Article shall be applied during the development review process by the City's Planning Department and during review of building permit applications and driveway apron applications by referral to the Planning Department from the Department of Public Works. The standards shall be applied to City-controlled major drives, primary residential streets, and secondary residential streets that are affected by development traffic.

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Sec. 26-31. Minimum acceptable Level-of-Service.

The minimum acceptable service level for major drives, primary residential streets and secondary residential streets in the City shall be Level-of-Service C (ADT), as defined in Sec. 26-32 of this Article. The City's Planning Department shall not approve or recommend approval of any development that, when added to existing traffic levels, will result in the deterioration of traffic conditions on any such street below Level-of-Service C (ADT).

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Sec. 26-32. Levels of Service.

The following chart defines the maximum ADT quantities that determine each Level-of-Service A through E:

(1) "Highway Capacity Manual", Special Report 209, Third Edition, 1998, Table 8-1, Page 8-5.

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Article III added by Ordinance O-6-02, adopted 6/17/02, effective 7/17/02.