§ 27-585. Waivers in designated areas.

(a)

Parking Authority/Parking Districts.

(1)

Any of the requirements of this Part may be waived by the District Council for any land within a Parking District (defined in Subtitle 2, Division 27, of this Code) upon written request by the Prince George's County Parking Authority. The Parking Authority shall reasonably show that the parking needs can be met and that the overall purposes of this Part will still be fulfilled.

(2)

Prior to the District Council making a decision, the Zoning Hearing Examiner shall:

(A)

Obtain and review the comments of the Prince George's County Parking Authority and the Planning Board; and

(B)

Conduct a public hearing in accordance with Section 27-129.

(3)

After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council. Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's decision with the District Council. If appealed, all persons of record may testify before the District Council. Persons arguing shall adhere to the District Council's Rules of Procedures, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.

(4)

The District Council's action shall be embodied in a resolution which shall specify the geographical limits affected by the waiver.

(b)

Other areas.

(1)

The District Council may exclude any area in the County from the requirements of this Part (for all, or certain specified, uses) upon finding that:

(A)

Other parking or loading facilities are available in the vicinity which provide a satisfactory, permanent alternative; and

(B)

Either:

(i)

Providing parking lots or loading spaces is impractical because of the lack of sufficient vacant land located within a reasonable distance; or

(ii)

In a residential neighborhood, lot sizes are generally too small to permit the parking of vehicles or loading spaces in accordance with this Part.

(2)

Prior to the District Council making a decision, the Zoning Hearing Examiner shall:

(A)

Obtain and review the recommendation of the Planning Board; and

(B)

Conduct a public hearing in accordance with Section 27-129.

(3)

After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council. Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's decision with the District Council. If appealed, all persons of record may testify before the District Council. Persons arguing shall adhere to the District Council's Rules of Procedures, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.

(4)

The District Council's action shall be embodied in a resolution which shall specify the geographical limits of the area excluded from the parking requirements. The resolution shall also indicate whether the exclusion is applicable to all uses or if it is only applicable to certain specified uses.

(c)

U-L-I Optional Parking Plan.

(1)

In the U-L-I Zone, the Planning Board may approve an Optional Parking Plan which may reduce the minimum parking and loading schedules and design standards required by Part 11 upon a determination that:

(A)

Providing parking lots and loading spaces in strict compliance with Part 11 is impractical because of the lack of sufficient vacant land located within a reasonable distance; and

(B)

A combination of shared off-street parking agreements, public parking lots and controlled on-street parking (subject to appropriate authorization from State, County, or municipal government) will be adequate to serve the designated area; and

(C)

Modified parking and loading design standards are necessary to maximize the use of off-street locations and to allow on-street parking and loading alternatives.

(2)

Prior to making its decision, the Planning Board shall obtain and review the recommendation of any municipality within which the site is located and conduct a public hearing.

(3)

The Planning Board's action shall be embodied in a resolution and shall specify the geographical limits of the area included in the Parking Plan and whether any properties are to be specifically excluded from the Plan.

(4)

The Planning Board may only approve an Optional Parking Plan contrary to the recommendation of a municipality containing any portion of the subject land within its boundaries upon the affirmative vote of four-fifths (4/5) of the members of the full Board.

(5)

The Planning Board's decision may be appealed to the District Council upon petition of any person of record. The petition shall be filed with the Clerk of the Council within thirty (30) calendar days after the date of the notice of the Planning Board's decision. The District Council may vote to review the Planning Board's decision on its own motion within thirty (30) days after the date of the notice.

(6)

Prior to making its decision, the District Council shall obtain and review the recommendation of any municipality within which the site is located and conduct a public hearing.

(7)

The District Council may only approve an Optional Parking Plan contrary to the recommendation of a municipality containing any portion of the subject land within its boundaries upon the affirmative vote of two-thirds (2/3) of the members of the full Council.

(8)

Only those businesses which choose to participate in an Optional Parking Plan will be included in the Plan. Any other businesses will be subject to all applicable provisions of Part 11.

(CB-1-1994; CB-74-1994; CB-1-2004)

Editor's note

CR-34-1986 extended the waiver of certain off-street parking and loading requirements until July 1, 1990.