§ 27-1802. Purpose and Intent.**

(a)

The County finds that the health, safety and general welfare of the residents of Prince George's County will be promoted by establishing interim standards for development in areas subject to airport impacts (also referred to as the Interim Land Use Controls (or ILUC) Area) from the Joint Base Andrews Naval Air Facility Washington (hereafter referred to as Joint Base Andrews), so as to ensure development is compatible with the mission and air operations at the base; minimize land use encroachments and exposure to noise, heights and aircraft impacts; increase collaboration and communication between Joint Base Andrews and the county on compatible development and strategies for minimizing impacts; and, establish appropriate controls on the intensification of development and uses in order to protect the health and safety of current and future residents. Specifically, the purposes of the Interim Land Use Controls are:

(1)

To apply interim requirements for development to protect the process for the development of the Military Installation Overlay Zone (MIOZ) that will establish long term land use controls to facilitate compatible development in the ILUC area

(2)

To provide the County adequate time to develop effective and achievable standards for development in the ILUC Area.

(3)

To minimize the intensification and reuse of existing properties except as appropriate and discourage the development of new uses that increase the number of people at risk in the ILUC Area.

(4)

To protect the safety of residents, employees and the public at large by preventing increases in density of residential uses in the impact areas and places of assembly.

(5)

To balance the goals of the 2009 Joint Base Andrews Naval Air Facility Washington Joint Land Use Study with the property rights of landowners subject to this Ordinance.

(6)

To notify landowners and tenants of the impacts from proximity to Joint Base Andrews.

(CB-3-2012)

Editor's note— Section 5 of CB-3-2012 provides that the provisions of this Section shall be abrogated and no longer effective twelve (12) months after its adoption, or December 6, 2013. Section 5 further provides that the Council may extend the time for abrogation up to six months. Accordingly, and by authority of the enactment of CB-47-2013, the Council extended the time for abrogation of the provisions of this Section until June 6, 2014.

The District Council, in adopting CR-70-2014, determined that an extension of the provisions of the Interim Land Use Control Ordinance enacted pursuant to Chapter No. 78, 2012 Laws of Prince George's County, Maryland, is necessary to allow sufficient time to address additional procedures needed to adopt the Military Installation Overlay Zone ("MIOZ") and MIOZ district plan. As such, CR-70-2014 extends the maximum time for abrogation of the Interim Land Use Control Ordinance until June 30, 2015.

The District Council enacted CB-43-2014 on September 9, 2014, an Ordinance to extend the maximum time for abrogation of the Interim Land Use Control Ordinance, upon determining that an extension of the provisions of the Interim Land Use Control Ordinance enacted pursuant to Chapter No. 78, 2012 Laws of Prince George's County, Maryland, is necessary to allow sufficient time to address additional procedures needed to adopt the Military Installation Overlay Zone ("MIOZ") and MIOZ district plan. Accordingly, this Ordinance extends the maximum time for abrogation of the Interim Land Use Control Ordinance until June 30, 2015.

**Pursuant to the adoption of CR-70-2014 by the District Council, the provisions of Part 18 of this Subtitle were abrogated and of no further force and effect after June 30, 2015. On November 10, 2015, the District Council enacted CB-42-2015, thereby setting forth procedures and requirements for the preparation and approval of a new Military Installation Overlay Zone in Prince George's County. CB-42-2015 took effect on November 10, 2015, in accordance with applicable procedural authority set forth in law. By way of its adoption of CR-5-2016, the District Council authorized the initiation and preparation of a Military Installation Overlay Zone in the County. Thereafter, on November 15, 2016, via the adoption of CR-97-2016, the Council approved, as an Act of the District Council, a new Military Installation Overlay ("M-I-O") Zoning Map Amendment for Prince George's County, including associated zoning proposal within the M-I-O Zone boundaries, which it composed of portions of Planning Areas 72, 75A, 76A, 76B, 77, 78, 81A, 82A, and 85A.