§ 27-255. Referral to Planning Board.

(a)

Every application for a grading, building, or use and occupancy permit, except as provided in (c), below, shall be referred to the Planning Board (or its authorized representative) for its comments or recommendations, if any, with respect to:

(1)

The requirements of this Subtitle, Subtitle 24, Subtitle 25, the Regional District Act, and any conditions placed on the property in a zoning or subdivision matter; and

(2)

Conformance with any approved Conceptual Site Plan, Detailed Site Plan, Transit District Development Plan, Chesapeake Bay Critical Area Conservation Plan or any other site or development plan applicable to development of the property.

(b)

No permit shall be recommended for approval by the Planning Board until after the expiration of the specified appeal period from a Planning Board decision concerning the subject property of the permit, unless the right of appeal has been waived; nor shall any permit be recommended for approval during the pendency of any appeal to, or review by, the District Council.

(c)

This Section shall not apply to:

(1)

Temporary permits issued in accordance with Subdivision 3 of this Division (unless otherwise specified in this Subtitle), except in cases of property in a Transit District Overlay Zone, which shall be governed by Section 27-260(d), or property in the Safety Zones of the Military Installation Overlay Zone; properties subject to Subtitle 25; and properties within the Chesapeake Bay Critical Area; and

(2)

Permits of a minor nature, which types of permits shall be approved by the District Council upon the recommendation of the Planning Board and the Director of the Department of Permitting, Inspections, and Enforcement, and shall be maintained on a list available for public inspection in each of these offices. Any permits issued pursuant to these provisions shall not be subject to the requirements of this Subtitle. This exception shall not apply to any property which is located within a historic district or listed on the Master Plan for historic preservation as a historic resource; properties subject to Subtitle 25; or properties within the Chesapeake Bay Critical Area.

(3)

Certain permits of a minor residential nature, which types of permits:

(A)

Shall be approved by the District Council upon the recommendation of the Planning Board and the Director of the Department of Permitting, Inspections, and Enforcement; and

(B)

Shall be subject to review by the Director of the Department of Permitting, Inspections, and Enforcement or the Director's designee for conformance to the requirements of this Subtitle, Subtitle 24, the Regional District Act and any conditions placed on the property in a zoning or subdivision matter, and for conformance to any approved Conceptual Site Plan, Detailed Site Plan, Transit District Development Plan, or any other site or development plan applicable to development of the property.

(4)

The permits as described in subsection (3) above shall be subject to the requirements of the Zoning Ordinance and shall be maintained on a list available for public inspection in the Department of Permitting, Inspections, and Enforcement office.

(d)

No building permit shall be recommended for approval by the Planning Board for land that is within the area of an adopted and approved Area Master Plan which includes a Zoning Proposal that has been prepared pursuant to the provisions of Section 27-225.01, or a Sectional Map Amendment which has been transmitted by the Planning Board to the District Council pursuant to the provisions of Section 27-225, when the lot or parcel of land on which construction is proposed is in a Commercial or Industrial Zone, was proposed by the Planning Board for a less intense zone in which the proposed use is not permitted, is undeveloped, and has been in the same zone for more than ten (10) years, until final action has been taken by the District Council on the Sectional Map Amendment. This Subsection shall not apply to a lot or parcel of land for which a grading permit has been issued by Prince George's County, sediment and erosion control devices have been installed by the permittee, and site grading activities have been initiated by the permittee.

(e)

Any comments or recommendations of the Planning Board to the Director of the Department of Permitting, Inspections, and Enforcement regarding applications for grading, building, or use and occupancy permits are advisory only and shall not be a prerequisite for the issuance of grading, building, or use and occupancy permits.

(CB-2-1984; CB-33-1985; CB-87-1988; CB-51-1990; CB-89-1991; CB-13-1996; CB-53-2002; CB-76-2010; CB-54-2012; CB-29-2014; CB-42-2015; CB-84-2017)

Editor's note— The list of permits of a minor nature which may be approved by the Director, Department of Environmental Resources or the Director's designee, without Planning Board approval, include the following, as created and amended by CR-121-1991; CR-76-1993; CR-11-1996; CR-27-2002; CB-76-2010 and CB-54-2012.

Permits of a Minor Nature

(1)

Boilers and/or mechanical equipment located inside buildings.

(2)

Replacement and installation of windows and pedestrian doors, excluding bay, bow, and commercial customer service windows.

(3)

Replacement in kind and/or removal of underground tanks (water, gas, or oil) except within the Chesapeake Bay Critical Area.

(4)

Building siding without expansion of exterior walls.

(5)

Roofing and weatherproofing without increasing height of building.

(6)

Interior alteration of one-, two-, and three-family dwelling units with no change in use.

(7)

Restoration of one-family detached dwellings after fire or flood damage, or repair of general deterioration, including pedestrian entrances, with no expansion of exterior walls or roof.

(8)

Removal of interior partitions with no change of use.

(9)

All interior life-safety improvements, exterior life-safety improvements with no expansion of exterior walls or roof, and fire escapes and other means of emergency egress, all with no change in use.

(10)

Alterations or additions which are being made in order to comply with the Maryland Accessibility Code, (Maryland Building Code for the Handicapped, Code of Maryland Regulations, Section .05.02.02) except within the Chesapeake Bay Critical Area.

(11)

Trailers used exclusively by the County Police Department in commercial parking lots for which the permit shall automatically expire when the trailer is vacated by the Police Department.

(12)

Commercial and residential satellite dishes not exceeding 18 inches in diameter.

(13)

Steps and ground level patios (except within the Chesapeake Bay Critical Area).

(14)

Residential fences (maximum six feet) that are not subject to Detailed Site Plan, Chesapeake Bay Critical Area Conservation Plan or any other type of site plan; do not include or abut a property with a designated historic resource; and are not subject to utility easements, storm drain or surface drainage easements, or floodplain easements.

(15)

Sheds that do not otherwise require a building permit except within the Chesapeake Bay Critical Area.

(16)

All stadium wayfinding signs located within parking areas at a stadium.

Minor Residential Permits (except within the Chesapeake Bay Critical Area).

(1)

Bay windows

(2)

Decks

(3)

External steps

(4)

Masonry barbecue grills

(5)

Patios

(6)

Swimming Pools

(7)

Fences on sites that are subject to Detailed Site Plan, Chesapeake Bay Critical Area Conservation Plan or other type of site plan (excluding special exceptions); include or abut a property with a designated historic resource; or that are subject to utility easements, storm drain or surface drainage easements, or flood plain easements.