§ 27-588. Departures from the number of parking and loading spaces required.


Latest version.
  • (a)

    Authorization.

    (1)

    In order to accomplish the purposes of this Part, the numbers of off-street parking and loading spaces required by Sections 27-568 and 27-582 shall generally be provided. A departure from these minimum numbers of spaces may be permitted by the Planning Board or Planning Director, in accordance with this Section, or by a municipality if this authority has been delegated by the District Council to a Municipal Corporation or through the establishment of a Revitalization Overlay District.

    (b)

    Procedures.

    (1)

    Application.

    (A)

    All requests for a departure 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)

    The application form shall be accompanied by the following:

    (i)

    Three (3) copies of a site plan and other graphic illustrations which are considered necessary to clearly indicate what is being proposed;

    (ii)

    Three (3) 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 (8);

    (iii)

    A list containing the names and addresses of each municipality if any part of the property in the application is located within the municipal boundaries or is located within one (1) mile of the municipality, and a set of preaddressed envelopes or mailing labels.

    (2)

    Fees.

    (A)

    Upon filing the application, the applicant shall pay to the Planning Board a filing fee to help defray the costs related to processing the application. The filing fee shall be determined by the Planning Board; except that a fee for a departure for a church or other place of worship (operated as a permitted use in a building originally constructed as a one-family detached dwelling) shall not exceed One Hundred dollars ($100.00). 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)

    In addition to the filing fee, a sign posting fee shall also be paid by the applicant to the Planning Board at the time the application is filed. The fee shall be determined by the Planning Board. No part of the fee shall be refunded or waived, unless the Planning Board determines that one (1) of the following applies:

    (i)

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

    (ii)

    The application is withdrawn prior to posting the signs. In this case the entire sign posting fee shall be refunded.

    (3)

    Hearing.

    (A)

    Prior to making a decision on the departure, 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)

    Technical Staff Report.

    (A)

    The Technical Staff shall analyze the request, and shall forward its comments and recommendations to the Planning Board. These comments and recommendations shall be available for public examination at least seven (7) calendar days prior to the public hearing.

    (5)

    Record.

    (A)

    The record shall consist of:

    (i)

    The application form and accompanying data;

    (ii)

    Comments and recommendations of the Technical Staff;

    (iii)

    All correspondence relative to the application;

    (iv)

    All testimony at the public hearing; and

    (v)

    Other items which the Planning Board deems necessary.

    (6)

    Planning Board decision.

    (A)

    After the close of the record, the Planning Board shall take action on the request. The decision of the Planning Board shall be based on the record, and shall be embodied in a resolution adopted at a regularly scheduled public meeting.

    (B)

    The Planning Board shall give written notice of its decision to all persons of record and the District Council.

    (7)

    Required findings.

    (A)

    In order for the Planning Board to grant the departure, it shall make the following findings:

    (i)

    The purposes of this Part (Section 27-550) will be served by the applicant's request;

    (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 special to the subject use, given its nature at this location, or alleviate circumstances which are prevalent in older areas of the County which were predominantly developed prior to November 29, 1949;

    (iv)

    All methods for calculating the number of spaces required (Division 2, Subdivision 3, and Division 3, Subdivision 3, of this Part) have either been used or found to be impractical; and

    (v)

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

    (B)

    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)

    The recommendations of a municipality (within which the property lies) regarding the departure; and

    (iv)

    Public parking facilities which are proposed in the County's Capital Improvement Program within the general vicinity of the property.

    (C)

    In making its findings, the Planning Board may give consideration to the following:

    (i)

    Public transportation available in the area;

    (ii)

    Any alternative design solutions to off-street facilities which might yield additional spaces;

    (iii)

    The specific nature of the use (including hours of operation if it is a business) and the nature and hours of operation of other (business) uses within five hundred (500) feet of the subject property;

    (iv)

    In the R-30, R-30C, R-18, R-18C, R-10A, R-10, and R-H Zones, where development of multifamily dwellings is proposed, whether the applicant proposes and demonstrates that the percentage of dwelling units accessible to the physically handicapped and aged will be increased over the minimum number of units required by Subtitle 4 of the Prince George's County Code.

    (8)

    Appeal.

    (A)

    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.

    (B)

    The Clerk of the Council shall notify the Planning Board of any appeal or review decision. Within seven (7) calendar days after receiving this notice, the Planning Board shall transmit to the District Council a copy of the file on the proposed departure from Design Standards, all written evidence and materials submitted for consideration by the Planning Board, a transcript of the public hearing on the proposed departure, and any additional information or explanatory material deemed appropriate.

    (C)

    The District Council shall schedule a public hearing on the appeal or review. The hearing shall be held in accordance with Section 27-132 (District Council hearing procedures). Testimony at the hearing shall be limited to the facts and information contained within the record made at the hearing before the Planning Board. In addition, the Council may take judicial notice of any evidence contained in the record of any earlier phase of the approval process relating to all or a portion of the same property, including the approval of a preliminary plat of subdivision.

    (D)

    After the close of the Council's hearing, the Council shall affirm, reverse, or modify the decision of the Planning Board, or return the proposed departure to the Planning Board to take further testimony or reconsider its decision.

    (E)

    The Council may only approve a departure from the minimum number of off-street parking and loading spaces required contrary to the recommendation of a municipality containing the subject land within its boundaries, upon an affirmative vote of two-thirds (2/3) of the members of the full Council.

    (F)

    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 and the Planning Board.

    (9)

    Applicability of the departure.

    (A)

    An approved departure shall apply only to the use specified in the application.

    (c)

    Limited departures from the number of parking and loading spaces required.

    (1)

    The Planning Director is authorized to approve administratively, without public hearing, limited departures from the number of parking and loading spaces required.

    (2)

    Limited departures may be approved for a maximum of ten percent (10%) of standard requirements, not to exceed one hundred (100) parking spaces or one (1) loading space.

    (3)

    Before approving a limited departure, the Director shall make the findings required in (b)(8) above and all others the Planning Board would be required to make, if it reviewed the application.

    (4)

    The Director is not authorized to waive requirements in this Subtitle, grant variances, or modify conditions, considerations, or other requirements imposed by the Planning Board or District Council in any case.

    (5)

    The applicant's property shall be posted within ten (10) days of the Director's acceptance of filing of the application. Posting shall be in accordance with Part 3, Division 1. On and after the first day of posting, the application may not be amended.

    (6)

    If a written request for public hearing is not submitted within the posted time period, then the Director may act on the application. The Director's approval concludes all proceedings.

    (7)

    If the Director denies the application or a timely hearing request is submitted, then the application shall be treated as re-filed on the date of that event. The applicant, Director, and Technical Staff shall then follow the procedures for Planning Board review in (b) above.

    (d)

    Departures not permitted.

     A departure from the number of spaces required for the physically handicapped (Section 27-566) shall not be granted unless an exception from the requirements for the handicapped in applicable building codes has been obtained from the State and County agencies responsible for administering those codes. If the exception is granted, this Section may be applied to Section 27-566.

(CB-3-1985; CB-38-1988; CB-152-1989; CB-95-1991; CB-97-1993; CB-116-1993; CB-99-1996; CB-14-1998; CB-15-1998; CB-33-1998; CB-42-2002; CB-12-2003; CB-1-2004)