§ 27-548.53. Applicability.

(a)

Affected Areas. This Part applies to all property regardless of underlying zone or other overlay zone within the M-I-O Zone.

(b)

Impact Maps.

(1)

The Impact Maps referenced in this Part establish the geographic boundaries of the M-I-O Zone where the requirements of this Part are in effect. The Impact Maps are those in the most current Air Installation Compatible Use Zone Study (AICUZ), as amended from time to time, and are reflected in Figure A (Height), Figure B (Noise Intensity), Figure C (Accident Potential/Clear Zones North and South) and Figure D (Joint Base Andrews Microwave Communications Corridor). The Official Impact Maps shall be adopted by the District Council through a Military Installation Overlay Zoning Map Amendment and shall be on file and available for review by the public in the Clerk of the Council's office.

(2)

Where a property is affected by more than one Impact Map, the requirements of all applicable Impact Maps apply. Where any Impact Map requirements conflict, the most stringent requirements shall apply.

(3)

Where a property is split zoned by a boundary of the M-I-O Zone, only that portion of the property within the M-I-O Zone shall be required to meet the provisions of this Part.

(c)

Development Applications and Permits. This Part applies to the review of all development applications permitted in this Subtitle, as well as all building permits and use and occupancy permits issued within the M-I-O Zone.

(d)

Exemptions. The provisions of this Part do not apply to:

(1)

Permits for changes in ownership, name, or occupancy; with no change of use.

(2)

Permits for any grading or infrastructure improvements.

(3)

Permits for any public utility, or private utility for public use.

(4)

Permits issued pursuant to one of the following development approvals, provided that the application was approved prior to the date of classification of the property into the M-I-O Zone and the validity period for such approval has not expired:

(A)

A final plat of subdivision approved for single-family detached residential development;

(B)

A preliminary plan of subdivision for development not otherwise requiring a Detailed Site Plan;

(C)

A Special Exception for development not otherwise requiring a Detailed Site Plan

(D)

A Detailed Site Plan

(E)

A Specific Design Plan

(5)

Permits for fences or walls.

(6)

Alterations requiring a permit of a minor nature pursuant to Section 27-255(c).

(7)

Areas of Prince George's County defined by the 2009 Joint Base Andrews Naval Air Facility Washington Joint Land Use Study as Imaginary Surfaces "C" (part of the Approach-Departure Clearance Surface) and "F" (Outer Horizontal Surface) are not subject to the Provisions of this Part.

(e)

Nonconforming Uses. The following uses shall be considered non-conforming uses:

(1)

Existing uses in the High Intensity Noise Area on the Prohibited Use List in Section 27.548.55(c)(1)(C); and

(2)

Existing uses in the Safety Zones that are either:

(A)

on the Prohibited Use List in Section 27.548.56(a) of this Subtitle; or

(B)

on the Limited Permitted Use List in Section 27.548.56(b) but prohibited in the underlying zone or underlying overlay zone.

(f)

Nonconforming Structures. All existing structures within the Military Installation Overlay Zone whose height exceeds the height limits established by the Impact Map for Height are nonconforming structures.

(g)

Where the requirements of the underlying zone are more restrictive than the M-I-O Zone, the most restrictive of the requirements shall apply.

(h)

The Requirements for Safety in Section 27-548.56 of this Subtitle apply to principal and accessory or ancillary uses individually. A use prohibited by Section 27-548.56 of this Subtitle shall not be permitted as a principal, accessory, or ancillary use.

(CB-42-2015)

Editor's note

Figures A—C, referenced above, are set out herein at the end of Part 10C.