§ 27-239.01. Departures from Design Standards.

(a)

Authorization, Planning Board and Planning Director.

(1)

A departure from the design standards contained in Part 11 or Part 12 of this Subtitle or contained in the Landscape Manual may be permitted by the Planning Board or Planning Director, if authorized, 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)

Six (6) copies of a site plan, and other graphic illustrations which are considered necessary to indicate what is being proposed;

(ii)

Six (6) copies of a written explanation by the applicant telling why the proposed design serves the purposes of this Subtitle better than the prescribed Design Standards; and

(iii)

A list of the names and addresses of each municipality if any part of the property is located within the municipal boundaries and a set of preaddressed envelopes or mailing labels.

(2)

Hearing.

(A)

Prior to making a decision 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.

(3)

Referral.

(A)

The Planning Board shall refer applications for Departures from Sign Design Standards to the Department of Permitting, Inspections, and Enforcement for its comments or recommendations. These comments or recommendations (if any) shall be available for public examination at least seven (7) days prior to the public hearing.

(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) 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 Department of Permitting, Inspections, and Enforcement (if any) and 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.

(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.

(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.

(B)

The Planning Board shall give written notice of its decision to all persons of record and to 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 Subtitle 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 County 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 Landscape Manual, the Planning Board shall find, in addition to the requirements in paragraph (7)(A), above, that there is no feasible proposal for alternative compliance, as defined in the Landscape Manual, which would exhibit equally effective design characteristics.

(8)

Considerations.

(A)

For properties in the R-30, R-30C, R-18, R-18C, R-10A, R-10, and R-H Zones, where an applicant proposes development of multifamily dwellings and also proposes 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, the Planning Board may consider this proposed increase in accessible units in making its required findings.

(9)

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 concerning Departures from Sign Design Standards. 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).

(D)

Within sixty (60) days 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 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.

(c)

Facilities for the physically handicapped.

(1)

A Departure from the Design Standards for parking facilities for the physically handicapped shall not be granted unless an exemption from the requirements for the handicapped in the applicable building codes has been obtained from the State and County agencies responsible for administering those codes.

(d)

Limited departures from design standards.

(1)

The Planning Director is authorized to approve administratively, without public hearing, limited departures from the design standards in Part 11 or Part 12 of this Subtitle.

(2)

Limited departures may be approved for a maximum of ten percent (10%) of standard requirements.

(3)

Before approving a limited departure, the Director shall make the findings required in (b)(9) 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.

(CB-1-1989; CB-95-1991; CB-97-1993; CB-99-1996; CB-15-1998; CB-41-2002; CB-42-2002; CB-12-2003; CB-1-2004; CB-66-2010; CB-29-2014)