The Development District Overlay Zone is intended to ensure that the development of land in a designated development district meets the goals established for the district in a Master Plan, Master Plan Amendment, or Sector Plan, and takes advantage of unique opportunities presented by the district. Development districts may be designated for town centers, Metro areas, commercial corridors, employment centers, revitalization areas, historic areas, and other special areas which are the subject of development recommendations in a Master Plan, Master Plan Amendment, or Sector Plan. The D-D-O Zone is a mapped zone which is superimposed by a Sectional Map Amendment (SMA) over other zones in a designated development district, and may modify development requirements within the underlying zones. In the Development District Overlay Zone, new development is generally subject to the approval of a Detailed Site Plan by the Planning Board. Detailed Site Plans are reviewed for compliance with development standards approved by the District Council, in a Sectional Map Amendment, or in a later amendment of adopted standards.

(CB-8-2000; CB-5-2007)

Effective on: 1/1/1901

1. (a)
   The specific purposes of the Development District Overlay Zone are:

   1. (1)
      To provide a close link between Master Plans, Master Plan Amendments, or Sector Plans and their implementation;
   2. (2)
      To provide flexibility within a regulatory framework to encourage innovative design solutions;
   3. (3)
      To provide uniform development criteria utilizing design standards approved or amended by the District Council;
   4. (4)
      To promote an appropriate mix of land uses;
   5. (5)
      To encourage compact development;
   6. (6)
      To encourage compatible development which complements and enhances the character of an area;
   7. (7)
      To promote a sense of place by preserving character-defining features within a community;
   8. (8)
      To encourage pedestrian activity;
   9. (9)
      To promote economic vitality and investment.

(CB-8-2000; CB-5-2007)

Effective on: 1/1/1901

The Development District Overlay Zone shall be placed over other zones on the Zoning Map, and may modify specific requirements of those underlying zones. Only those requirements of the underlying zones specifically noted in this Subdivision and elsewhere in this Subtitle are modified. All other requirements of the underlying zones are unaffected by the Development District Overlay Zone. The Development District Overlay Zone may not be placed over the Urban Center or Corridor Node Zones (UC). Where properties in a Development District Overlay Zone are also classified in the Military Installation Overlay Zone, the requirements of both zones shall apply. Where requirements of the D-D-O Zone and M-I-O Zone conflict, the more restrictive of the requirements shall apply.

(CB-8-2000; CB-2-2010; CB-42-2015)

Effective on: 1/1/1901

1. (a)
   The uses allowed on property in a Development District Overlay Zone shall be the same as those allowed in the underlying zone in which the property is classified, except as modified by Development District Standards approved by the District Council.
2. (b)
   Notwithstanding the provisions of subsection (a) of this Section, any other provision of the Zoning Ordinance, or any applicable provision within an approved comprehensive plan, a Hospital is a permitted use in the M-X-T/D-D-O Zone.
3. (c)
   Notwithstanding any other provision of this Subtitle, or any other applicable provision within the Development District Standards for an approved Development District Overlay Zone, a Medical Cannabis Grower, Medical Cannabis Processor, or Medical Cannabis Dispensary use shall be permitted or prohibited in accordance with the prescriptions of this Subtitle for the underlying zone in which the property is classified.
4. (d)
   Notwithstanding any other provision of this Subtitle, or any other applicable provision within the Development District Standards for an approved Development District Overlay Zone, a "Tourist Home" as an "Accessory Use" to a "Dwelling" shall be permitted or prohibited in accordance with the requirements of this Subtitle for the underlying zone in which the property is classified.
5. (e)
   Development District Standards may limit land uses or general use types allowed in the underlying zone where the uses are incompatible with, or detrimental to, the goals of the Development District and purposes of the D-D-O Zone. Development District Standards may allow uses prohibited in the underlying zone where the uses are compatible with the goals of the Development District and purposes of the D-D-O Zone.
6. (f)
   A table of uses shall be incorporated within each Development District Overlay Zone clearly showing all uses in the underlying zone that will be permitted, prohibited, or otherwise restricted pursuant to Section 27-548.23, Development District Standards, of this Division.

(CB-8-2000; CB-71-2004; CB-5-2007; CB-24-2013; CB-101-2013; CB-12-2015; CB-5-2016; CB-10-2018)

Editor's note(s)—Section 4 of CB-10-2018 (DR-3) provides that the provisions pertaining to Tourist Homes as Accessory Uses shall take effect on October 1, 2019.

Effective on: 1/1/1901

1. (a)
   In general, Development District Overlay Zone regulations shall be the same as those in the underlying zone in which property is classified, except as modified by Development District Standards approved by the District Council, in a Sectional Map Amendment, in a Military Installation Overlay Zoning Map Amendment, or in a later amendment of adopted standards. The use of Development District Standards in each Development District Overlay Zone is intended to allow flexibility in the development review process and foster high-quality development through application of design guidelines and standards which promote the purposes of the Master Plan, Master Plan Amendment, or Sector Plan.
2. (b)
   Development District Standards may modify density regulations only to meet the goals of the Development District and the purposes of the D-D-O Zone. Development District Standards may not permit density in excess of the maximum permitted in the underlying zone.
3. (c)
   The location, size, height, design, lot coverage of structures, parking and loading, signs, open space, and other regulations may be specified in the text, concept plans, and maps in the Development District Standards. The regulations in the underlying zone may be modified by the Development District Standards only to meet the goals of the Development District and the purposes of the D-D-O Zone.
4. (d)
   Landscaping, screening, and buffering of development shall conform to Landscape Manual requirements. Specific landscaping, screening, and buffering also may be required by the Development District Standards. Development District Standards may require specific landscaping, screening, and buffering, but only to meet the goals of the Development District and the purposes of the D-D-O Zone.
5. (e)
   The Master Plan, Master Plan Amendment, or Sector Plan may specify the location and size of proposed roads and transit facilities.
6. (f)
   Notwithstanding the provisions of subsection (c) of this Section, in furtherance of the core vision, purposes, and specific goals of an approved Development District to locate a regional medical center health campus as a major public health institution, and pursuant to its site plan application for development of parcels of property within a Development District Overlay Zone bound by the Capital Beltway right-of-way, Arena Drive, and the north side of the Blue Line Metrorail track line, filed, accepted, and permitted prior to December 31, 2021, an applicant may request a one-story departure (reduction) from the applicable Minimum Height requirements set forth in the Development District Standards.
7. (g)
   Where a property lies in both the M-I-O Zone and a D-D-O Zone, the maximum permitted height of structures shall be the more restrictive of the Development District Standards and Section 27-548.54, whichever maximum permitted height is lower.

(CB-8-2000; CB-5-2007; CB-5-2014; CB-42-2015)

Effective on: 1/1/1901

1. (a)
   For every Development District Overlay Zone, a Master Plan, Master Plan Amendment, or Sector Plan shall be prepared in accordance with the master plan procedures set forth in PART 13, which may include the following elements:

   1. (1)
      Overall recommendations;
   2. (2)
      Subarea recommendations;
   3. (3)
      Illustrative concept plans;
   4. (4)
      Plan maps.
2. (b)
   The Development District Overlay Zone shall be applied through the Sectional Map Amendment process, in accordance with the procedures in PART 3, Division 4.
3. (c)
   Development District Standards shall be prepared for each Development District Overlay Zone. Development District Standards shall be stated in a Sectional Map Amendment and conform generally to recommendations in the applicable Master Plan, Master Plan Amendment, or Sector Plan.

(CB-8-2000)

Effective on: 1/1/1901

1. (a)
   Prior to issuance of any grading permit for undeveloped property or any building permit in a Development District, a Detailed Site Plan for individual development shall be approved by the Planning Board in accordance with PART 3, Division 9. Site plan submittal requirements for the Development District shall be stated in the Development District Standards. The applicability section of the Development District Standards may exempt from site plan review or limit the review of specific types of development or areas of the Development District.
2. (b)
   In approving the Detailed Site Plan, the Planning Board shall find that the site plan meets applicable Development District Standards.
3. (c)
   If the applicant so requests, the Planning Board may apply development standards which differ from the Development District Standards, most recently approved or amended by the District Council, unless the Sectional Map Amendment text specifically provides otherwise. The Planning Board shall find that the alternate Development District Standards will benefit the development and the Development District and will not substantially impair implementation of the Master Plan, Master Plan Amendment, or Sector Plan.
4. (d)
   Special Exception procedures shall apply to uses within a Development District as provided herein. Uses which would normally require a Special Exception in the underlying zone shall be permitted uses only if the Development District Standards so provide within a table of uses, and such uses shall instead be subject to site plan review by the Planning Board. Development District Standards may restrict or prohibit any such uses. The Planning Board shall find in its approval of the site plan that the use complies with all applicable Development District Standards, meets the general Special Exception standards in Section 27-317(a)(1), (4), (5), and (6), and conforms to the recommendations in the Master Plan, Master Plan Amendment, or Sector Plan.
5. (e)
   If a use would normally require a variance or departure, separate application shall not be required, but the Planning Board shall find in its approval of the site plan that the variance or departure conforms to all applicable Development District Standards.

(CB-8-2000; CB-5-2007; CB-24-2013)

Effective on: 1/1/1901

1. (a)
   District Council.

   1. (1)
      The following amendments to development requirements within the Development District may be initiated and approved by the District Council through the minor plan and Development District Overlay amendment procedure in accordance with Section 27-642 of this Subtitle:

      1. (A)
         Changes to the boundary of the D-D-O Zone; and
      2. (B)
         Changes to the underlying zones, the list of allowed uses, or the Development District Standards.
   2. (2)
      Notwithstanding the provisions of subsection (a), above, at the written request of a municipality in which development district property is located, the District Council may modify the Development District Standards under the following procedures. The District Council shall direct the Planning Board to prepare the amendment and shall specify which Development District Standards should be reviewed.

      1. (A)
         For hearing procedures in general, the Planning Board and District Council shall follow the requirements in PART 3, Division 9, for Conceptual Site Plans as found in Sections 27-276(a)(1), (3), (4), (5), (6), (7); and 27-276(d). Review by the District Council shall follow the procedures in Section 27-280. Notice of the Planning Board's hearing shall be sent by first-class mail to all municipalities with development district property, all parties of record in the Sectional Map Amendment, and all property owners within the area specified in the District Council's direction;
      2. (B)
         Planning Board staff must prepare a report and recommendation. The Planning Board shall hold a public hearing, file its decision with the Clerk of the Council, and send copies to persons of record of this amendment process within fifty (50) days of the receipt of the District Council's direction to the Planning Board;
      3. (C)
         In order to approve an amendment of the Development District Standards the Planning Board shall make the following findings:

         1. (i)
            The amendment is in compliance with the goals of the Development District; and
         2. (ii)
            The amendment is in conformance with the purposes of the D-D-O Zone.
   3. (3)
      The following amendments to development requirements within the Development District may be approved by the District Council through Military Installation Overlay Zoning Map Amendments for Development Districts in the M-I-O Zone, in accordance with PART 3, Division 2, Subdivision 8 of this Subtitle:

      1. (A)
         Changes to the boundary of the D-D-O Zone; and
      2. (B)
         Changes to the Development District Standards where previously approved standards conflict with the requirements of the M-I-O Zone.
2. (b)
   Property Owner.

   1. (1)
      Notwithstanding the provisions of subsection (a), above, a property owner may request that the District Council amend development requirements for the owner's property, as follows:

      1. (A)
         An owner of property in, adjoining, or separated only by a right-of-way from the Development District may request changes to the boundary of the approved D-D-O Zone.
      2. (B)
         An owner of property in the Development District may request changes to the underlying zones or the list of allowed uses, as modified by the Development District Standards.

         1. (i)
            A request for changes to the underlying zone or list of allowed uses may include requested amendments to the applicable Development District Standards for the applicable D-D-O Zone.
         2. (ii)
            In determining whether to approve such amendments to the Development District Standards, the District Council shall find that the amended standards will benefit the proposed development, will further the purposes of the applicable Development District, and will not substantially impair implementation of any applicable Master Plan or Sector Plan.
   2. (2)
      The owner's application shall include:

      1. (A)
         A statement showing that the proposed development conforms with the purposes and recommendations for the Development District, as stated in the Master Plan, Master Plan Amendment, or Sector Plan;
      2. (B)
         A description of any requested amendments to the Development District Standards applicable to a qualifying development proposal; and
      3. (C)
         A site plan, either the Detailed Site Plan required by Section 27-548.25 or a Conceptual Site Plan.
   3. (3)
      Filing and review of the application shall follow the site plan review procedures in PART 3, Division 9, except as modified in this Section. The Technical Staff shall review and submit a report on the application, and the Planning Board shall hold a public hearing and submit a recommendation to the District Council. Before final action the Council may remand the application to the Planning Board for review of specific issues.
   4. (4)
      An application may be amended at any time. A request to amend an application shall be filed and reviewed in accordance with Section 27-145.
   5. (5)
      The District Council may approve, approve with conditions, or disapprove any amendment requested by a property owner under this Section. In approving an application and site plan, the District Council shall find that the proposed development conforms with the purposes and recommendations for the Development District, as stated in the Master Plan, Master Plan Amendment, or Sector Plan, meets applicable site plan requirements, and does not otherwise substantially impair the implementation of any comprehensive plan applicable to the subject development proposal.
   6. (6)
      If a Conceptual Site Plan is approved with an application, the owner may not obtain permits without an approved Detailed Site Plan.

(CB-8-2000; CB-5-2007; CB-35-2015; CB-42-2015; CB-26-2018)

Effective on: 1/1/1901

For development proposals within a Metro or light rail station that is existing, is funded for future construction, or has final design approval, parking requirements may be reduced based on development density for each parking space designated for a car-sharing vehicle by Memorandum of Understanding between a car sharing corporation or company and the development applicant. The reduction shall not exceed fifteen (15%) percent of the total minimum required parking spaces for Development District Overlay Zones. The reduction shall be determined during the development review process and in accordance with the below chart:

(CB-51-2011)

Effective on: 1/1/1901

The Architectural Conservation Overlay Zone is intended to ensure that development and redevelopment of land within each designated Architectural Conservation District maintains the District's architectural character. The Architectural Conservation Overlay Zone is a mapped zone superimposed over other zones within each District. Development in a District is subject to Planning Board approval of a Detailed Site Plan, to show compliance with design regulations in an approved Architectural Conservation Plan for the District.

(CB-27-2001)

Effective on: 1/1/1901

1. (a)
   The purposes of the Architectural Conservation Overlay Zone are:

   1. (1)
      To preserve and protect the architectural or design character of neighborhoods;
   2. (2)
      To retain affordable housing;
   3. (3)
      To promote appropriate new construction;
   4. (4)
      To preserve and stabilize neighborhoods and their property values;
   5. (5)
      To protect desirable and unique physical features of existing residential and commercial properties;
   6. (6)
      To promote economic revitalization and maintain continued economic vitality of neighborhoods;
   7. (7)
      To attract quality investment and encourage land development which complements and enhances the character of neighborhoods; and
   8. (8)
      To ensure that development within designated Architectural Conservation Districts maintains well-planned urban design relationships with their neighborhoods and adjoining areas.

(CB-27-2001)

Effective on: 1/1/1901

1. (a)
   The Architectural Conservation Overlay Zone imposes design regulations within other zones on the Zoning Map, to modify requirements in those zones in each designated Architectural Conservation District. Zoning regulations modified by Architectural Conservation Plan design regulations must be designated specifically in each District's Architectural Conservation Plan. Other regulations are not affected.
2. (b)
   The Architectural Conservation Overlay Zone may not be superimposed over the R-O-S, O-S, R-A, R-E, V-L, R-L or V-M Zones.
3. (c)
   Uses permitted on property in an Architectural Conservation District are the same as those permitted in the property's underlying zone.

(CB-27-2001)

Effective on: 1/1/1901

1. (a)
   Each Architectural Conservation District shall have properties with distinct, unifying elements or characteristics, design or other physical features which mark or identify the properties making up the District.
2. (b)
   Before it designates an Architectural Conservation District, the District Council shall find:

   1. (1)
      At least 75% of the developable lots within the District have been developed.
   2. (2)
      More than 50% of the structures in the District exhibit characteristics or contain features unique to the District, characteristics or features identified in the Architectural Conservation Plan.

(CB-27-2001)

Effective on: 1/1/1901

1. (a)
   In each Architectural Conservation District, the Architectural Conservation Plan's requirements as to building height and massing, building materials, façade treatments and architectural expression, siting, setbacks, landscaping, fences and walls, accessory structures, lighting, paving materials, and signs shall constitute the design regulations for development. Properties and development shall comply with all zoning regulations not modified by the design regulations. Properties or development exempted from the design regulations shall meet all regulations in the underlying zone or zones.
2. (b)
   A Limited Detailed Site Plan for Architectural Conservation shall be approved by the Planning Board in accordance with requirements in this Division and in PART 3, Division 9 for single family, duplex, or three-family residential projects in Architectural Conservation Districts whose scope of work exceeds twenty percent (20%) of the gross floor area of the existing residential structure on the property. This requirement shall include projects proposing new construction for a property.
3. (c)
   A Limited Detailed Site Plan application for one or more adjoining residential lots may be filed by the property owner or the owner's authorized representative. The application shall give all information required by the approved Architectural Conservation District Plan, which shall include, at a minimum, the following:

   1. (1)
      The location, floor area, and building type of each existing and proposed building on the property and on each adjoining property.
   2. (2)
      Elevations for each façade for existing and proposed buildings or additions or alterations on the property.
   3. (3)
      A schedule of exterior finishes for existing and proposed buildings or additions or alterations on the property.
   4. (4)
      A statement describing the architectural character of the proposed buildings and the reasons for the applicant's choices.
4. (d)
   Before it approves a Limited Detailed Site Plan for Architectural Conservation, the Planning Board shall consider the recommendations of the Architectural Conservation Design Review Committee and find that the site plan meets all requirements and recommendations in the Architectural Conservation Plan for the District.
5. (e)
   Proposed single family residential building or redevelopment projects that require a building or grading permit whose scope of work alters the gross floor area of the existing structure on the property by twenty percent (20%) or less, or proposes alterations to the architectural elevations exclusive of maintenance to the existing residential structure on the property may be approved by the Department of Permitting, Inspections, and Enforcement with the advice and consent of the Architectural Conservation Design Review Committee.
6. (f)
   The Architectural Conservation Design Review Committee is advisory to the Planning Director and is assisted by staff from the Planning Department. The Architectural Conservation Design Review Committee is composed of either five (5) or seven (7) members. Each member of the Committee serves for a two-year term. For an Architectural Conservation District located within the boundaries of a municipal corporation in the County, the Architectural Conservation Design Review Committee membership shall be recommended by the respective municipal body to the Planning Board for approval. Further, a municipality may designate certain experts or occupations' representatives for membership on the Architectural Conservation Design Review Committee. Municipalities shall provide staff assistance to the Architectural Conservation Design Review Committee located within its boundaries. If other design review committees, such as a Mixed-Use Town Center Design Review Committee already exist, the same members of the existing committee(s) may serve concurrently on an Architectural Conservation Design Review Committee.
7. (g)
   Architectural Conservation District Authorizations for projects altering twenty percent (20%) or less of the gross floor area or proposing alterations exclusive of maintenance to the architectural elevations of the existing structure in an Architectural Conservation District shall contain the following:

   1. (1)
      An Architectural Sketch Plan showing the footprint of all buildings and other site features such as trees, shrubs, fences, etc.;
   2. (2)
      A statement of the nature of the work and that it comports with all of the zoning requirements of the underlying zone;
   3. (3)
      Sketches or drawings of the proposed work including the dimensions, design, color and materials.
   4. (4)
      Other submittals deemed necessary by the Architecture Design Review Committee in order to complete a review.

(CB-27-2001; CB-5-2012; CB-29-2014)

Effective on: 1/1/1901

1. (a)
   An Architectural Conservation District Authorization for work on privately-owned single family dwellings, duplexes, and three-family dwellings within an Architectural Conservation District shall be obtained pursuant to the provisions of this Subtitle before making exterior alterations.
2. (b)
   Exemptions. Nothing in this Section shall be construed to require the issuance of an Architectural Conservation District Authorization for any ordinary maintenance, repair of architectural elevations, customary farming operations, or landscaping which will have no material effect on the architectural features of the structure or property. For purposes of clarification of this Subsection, each Architectural Conservation District plan shall include guidelines regarding what activities constitute ordinary maintenance.

(CB-5-2012)

Effective on: 1/1/1901

Application for issuance of an Architectural Conservation Authorization shall be filed with the municipality in which the Architectural Conservation District is located. The application shall provide such information as is deemed necessary by the Architectural Conservation Design Review Committee for its proper evaluation and action upon the application in accordance with the provisions of this Subtitle. Completed applications shall be submitted to the Design Review Committee within the municipality in which the Architectural Conservation District is located.

(CB-5-2012)

Effective on: 1/1/1901

1. (a)
   Upon receipt of an application, the Architectural Conservation Design Review Committee shall schedule and advertise a public appearance within thirty (30) calendar days to consider the application.
2. (b)
   After scheduling a public appearance, the Architectural Conservation Design Review Committee shall forward a notice of the public appearance to the applicant, the Director of Permitting, Inspections, and Enforcement, adjoining property owners, and those citizens or organizations which the Architectural Conservation Design Review Committee determines may have an interest in the proceedings.
3. (c)
   The Architectural Conservation Design Review Committee shall review the application for an authorization and any other materials provided by the applicant along with any written comments provided by other interested persons, including those of any municipality in which the property is located.
4. (d)
   At the public appearance, the procedures shall be informal and formal rules of evidence shall not be applicable. Interested persons shall be encouraged to comment and minutes of the proceedings shall be kept.
5. (e)
   At the conclusion of the public appearance, the Architectural Conservation Design Review Committee shall find that the proposed application is in conformance with the Plan, guidelines, standards, and preserves the character of the neighborhood and shall recommend approval, approval with conditions, or denial of the Architectural Conservation District Authorization by majority vote. Rather than take a formal vote, the committee may by majority vote decide to continue the proceedings for up to fourteen (14) days beyond the initial thirty (30) day review period; however, with consent of the applicant, the Architectural Conservation Design Review Committee may grant additional continuances of the public appearance before making its final decision.
6. (f)
   Within seven (7) working days after the Architectural Conservation Design Review Committee takes a final vote on the application, it shall publish its findings, conclusions, and decision.
7. (g)
   The Architectural Conservation Design Review Committee's decision shall instruct the municipality to:

   1. (1)
      Issue the authorization;
   2. (2)
      Issue the authorization upon the satisfaction of any conditions necessary to ensure conformance with the provisions and purposes of this Subdivision; or
   3. (3)
      Deny the authorization, giving reasons and notify the applicant in writing stating what changes are required for approval.
8. (h)
   The Architectural Conservation Design Review Committee's findings, conclusions, and decision shall be mailed to the applicant and sent to the Director of Permitting, Inspections, and Enforcement, any appropriate municipality and, upon request, any other interested person.
9. (i)
   The failure of the Architectural Conservation Design Review Committee to act on an application within the time periods specified in this Section shall be construed as approval for the municipality to issue the authorization without comment. The time period for Committee action may be extended with the written consent of the applicant.

(CB-5-2012; CB-29-2014)

Effective on: 1/1/1901

1. (a)
   When a Limited Detailed Site Plan is required for a proposed project in the Architectural Conservation District pursuant to Section 27-548.31 of this Subtitle, the Limited Detailed Site Plan process set forth in Section 27-286 of this Subtitle is followed, but the process will allow the Architectural Conservation Design Review Committee to review and consider the application in order to make recommendations to the Planning Board. The Planning Director shall forward copies of the application, and all attachments thereto, to the Architectural Conservation Design Review Committee, and any appropriate municipality for their review and comments. Any comments which the municipality may wish to make shall be submitted, in writing, to the Committee prior to the public appearance.
2. (b)
   Upon receipt of an application, the Architectural Conservation Design Review Committee shall schedule a public appearance within twenty-one (21) days to consider the application.
3. (c)
   After scheduling a public appearance, the Architectural Conservation Design Review Committee shall forward a notice of public appearance to the applicant, the Planning Director, adjoining property owners, and those citizens or organizations which the Architectural Conservation Design Review Committee determines may have an interest in the proceedings.
4. (d)
   At the public appearance, the procedures shall be informal and formal rules of evidence shall not be applicable. Interested persons shall be encouraged to comment and minutes of the proceedings shall be kept.
5. (e)
   At the conclusion of the public appearance, the Architectural Conservation Design Review Committee shall find that the proposed application is in conformance with the Plan, guidelines, standards, and preserves the character of the neighborhood and shall recommend approval, approval with conditions, or denial of the Limited Detailed Site Plan by majority vote. Rather than take a formal vote, the committee may by majority vote decide to continue the proceedings for up to fourteen (14) days beyond the initial thirty (30) day review period; however, with consent of the applicant, the Architectural Conservation Design Review Committee may grant additional continuances of the public appearance before making its final decision.
6. (f)
   Within seven (7) working days after the Architectural Conservation Design Review Committee takes the final vote on the application, it shall publish its findings, conclusions, and decision.
7. (g)
   The Architectural Conservation Design Review Committee's decision shall recommend that the Planning Board:

   1. (1)
      Approve the application;
   2. (2)
      Approve the application with conditions; or
   3. (3)
      Disapprove the application, giving reasons and notify the applicant in writing stating what changes are required for approval.
8. (h)
   The Architectural Conservation Design Review Committee's findings, conclusions, and decision shall be mailed to the applicant, the Planning Board, adjoining property owners, any appropriate municipality, and, upon request, to any other interested person.
9. (i)
   Failure of the Architectural Conservation Design Review Committee to act on an application within the time periods prescribed in this Section shall be construed as approval for the Planning Board to proceed on the application for Limited Detailed Site Plan without comment.
10. (j)
    Notwithstanding the provisions of Subsections (a) through (i) of this Section, an application that is subject to the requirements for a Limited Detailed Site Plan that has already been reviewed by the final reviewing authority is not subject to Design Review Committee review at the time of permit.

(CB-5-2012)

Effective on: 1/1/1901

The provisions of all Architectural Conservation District Authorizations within Architectural Conservation Districts shall be enforced by the municipal corporations in which the Architectural Conservation District is located. As such, the municipality shall adopt appropriate ordinances for the establishment of Architectural Conservation District Authorizations, as well as the municipal enforcement of Architectural Conservation District Authorizations.

(CB-5-2012)

Effective on: 1/1/1901

The Transit District Overlay Zone is intended to insure that the development of land in the vicinity of Metro stations maximizes transit ridership, serves the economic and social goals of the area, and takes advantage of the unique development opportunities which mass transit provides. The T-D-O Zone is a mapped zone which is superimposed over other zones in a designated area around a Metro station, and which may modify certain requirements for development within those underlying zones. This designated area is called a Transit District. In this zone, a Transit District Development Plan must be approved by the District Council, and all development is subject to the approval by the Planning Board of a Detailed Site Plan. The Transit District Development Plan provides both the requirements for development within a specific Transit District and a flexible forum for joint development between the public and private sectors.

(CB-2-1984; CB-33-1985)

Effective on: 1/1/1901

1. (a)
   The specific purposes of the Transit District Overlay Zone are:

   1. (1)
      To enhance the development opportunities in the vicinity of transit stations;
   2. (2)
      To promote the use of transit facilities;
   3. (3)
      To increase the return on investment in a transit system and improve local tax revenues;
   4. (4)
      To create a process which coordinates public policy decisions, supports regional and local growth and development strategies, and creates conditions which make joint development possible;
   5. (5)
      To create a process which overcomes deficiencies in ordinary planning processes and removes obstacles not addressed in those processes;
   6. (6)
      To minimize the costs of extending or expanding public services and facilities, by encouraging appropriate development in the vicinity of transit stations;
   7. (7)
      To provide mechanisms to assist in financing public and private costs associated with development;
   8. (8)
      To provide for convenient and efficient pedestrian and vehicular access to Metro stations;
   9. (9)
      To attract an appropriate mix of land uses;
   10. (10)
       To encourage uses which complement and enhance the character of the area;
   11. (11)
       To insure that developments within the Transit District possess a desirable urban design relationship with one another, the Metro Station, and adjoining areas; and
   12. (12)
       To provide flexibility in the design and layout of buildings and structures, and to promote a coordinated and integrated development scheme.

(CB-2-1984; CB-33-1985; CB-84-1990; CB-47-1996)

Effective on: 1/1/1901

1. (a)
   The Transit District Overlay Zone shall be placed over other zones on the Zoning Map, and shall modify specific requirements of those underlying zones. Only those requirements of the underlying zones specifically noted in this Subdivision and elsewhere in this Subtitle are modified. All other requirements of the underlying zones are unaffected by the Transit District Overlay Zone. Where properties in a Transit District Overlay Zone are also classified in the Military Installation Overlay Zone, the requirements of both zones shall apply. Where requirements of the T-D-O Zone and M-I-O Zone conflict, the more restrictive of the requirements shall apply.

   The Transit District Overlay Zone may not be placed over the Urban Center or Corridor Node Zones (UC).

2. (b)
   Any Transit District Development Plan prepared pursuant to this Part shall amend the General Plan, Area Master Plan or Sector Plan, and Functional Master Plans unless otherwise stated by the District Council in its resolution of approval.

(CB-2-1984; CB-33-1985; CB-2-2010; CB-15-2014; CB-42-2015)

Effective on: 1/1/1901

1. (a)
   The uses allowed on property in a Transit District Overlay Zone shall be the same as those allowed in the underlying zone in which the property is classified, except as is modified by the Transit District Development Plan.
2. (b)
   Notwithstanding any other provision of this Subtitle, or any other applicable provision within the Transit District Development Plan for an approved Transit District Overlay Zone, a Medical Cannabis Grower, Medical Cannabis Processor, or Medical Cannabis Dispensary use shall be permitted or prohibited in accordance with the requirements of this Subtitle for the underlying zone in which the property is classified.
3. (c)
   Notwithstanding any other provision of this Subtitle, or any other applicable provision within the Transit District Development Plan for an approved Transit District Overlay Zone, a "Tourist Home" as an "Accessory Use" to a "Dwelling" shall be permitted or prohibited in accordance with the requirements of this Subtitle for the underlying zone in which the property is classified.
4. (d)
   The Transit District Development Plan may:

   1. (1)
      Restrict a property to specific uses which are allowed in the underlying zone;
   2. (2)
      Add uses to those that are allowed for a lot in the underlying zone; or
   3. (3)
      In underlying Industrial or Commercial Zones, permit specific uses on a lot from less intensive Commercial or Industrial Zones if the uses are not permitted in the underlying zone.
5. (e)
   If a use is permitted in the underlying zone by Special Exception, approval of a Special Exception (PART 4) need not be obtained and the use may be allowed by right, if it is provided for on the Transit District Development Plan. Where a Special Exception use is not provided for on the Transit District Development Plan, amendment of the Plan shall be required to permit the use. If the underlying zone requires that specific uses or general use types be present in every development within that zone, the Transit District Development Plan shall reflect those uses and any specified mix or ratio of the uses. In the case of the M-X-T Zone, the amount of square footage devoted to each use shall be in keeping with the purposes of that zone.
6. (f)
   Where a property lies in both the M-I-O Zone and a T-D-O Zone, the Transit District Development Plan ("TDDP") shall not permit or allow uses prohibited in the M-I-O Zone.

(CB-2-1984; CB-33-1985; CB-92-1996; CB-101-2013; CB-42-2015; CB-5-2016; CB-10-2018)

Editor's note(s)—Section 4 of CB-10-2018 (DR-3) provides that the provisions pertaining to Tourist Homes as Accessory Uses shall take effect on October 1, 2019.

Effective on: 1/1/1901

1. (a)
   Density.

   1. (1)
      Development within a Transit District shall not exceed the specified maximum residential density and any floor area ratio (FAR) requirements of the underlying zones, as those requirements would normally be applied if the property were not zoned T-D-O. If an underlying zone has provisions for awarding increased density or FAR above base requirements through furnishing amenities or benefit features, those provisions shall still apply within the T-D-O Zone and shall be applied when the Transit District Development Plan is approved.
2. (b)
   Transit District Standards.

   1. (1)
      Transit District Standards shall be prepared for each Transit District Overlay Zone. Transit District Overlay Zone regulations shall be the same as those in the underlying zone in which property is classified, except as modified by Transit District Standards approved by the District Council, in a Transit District Development Plan. Transit District Standards in each Transit District Overlay Zone are intended to allow flexibility in the development review process and foster high-quality, transit- and pedestrian-oriented development through design guidelines and standards which promote the purposes of the Transit District Development Plan.
   2. (2)
      The location, size, height, design, lot coverage of structures, signs, open space, pedestrian and street connections (including streetscape configurations, street sections, green streets, and complete streets requirements), and other regulations may be specified in the text, concept plans, and maps in the Transit District Standards.
   3. (3)
      Where a property lies in both the M-I-O Zone and a T-D-O Zone, the maximum permitted height of structures shall be the more restrictive of the Transit District Standards and Section 27-548.54, whichever maximum permitted height is lower.
3. (c)
   Relationship to Landscape Manual.

   1. (1)
      Landscaping, screening, and buffering of development shall conform to Landscape Manual requirements. Additional or reduced landscaping, screening, and buffering measures may also be specified by the Transit District Standards to meet the goals of the Transit District and the purposes of the T-D-O Zone.
4. (d)
   Parking and loading.

   1. (1)
      The requirements of PART 11 concerning the minimum number of spaces in, and design of, off-street parking and loading areas shall not apply within a Transit District unless otherwise specified within the Transit District Standards. Instead, a methodology for determining the number of off-street parking and loading spaces to be required for specific uses may be established on the Transit District Development Plan in the form of Transit District Standards. The Prince George's County Parking Authority shall be provided an opportunity to review any proposed parking methodology prior to transmittal of a Development Plan by the Planning Board to the District Council. The methodology should include, but not be limited to:

      1. (A)
         The nature of each use proposed, including type, size, and location;
      2. (B)
         The peak parking demand characteristics of the proposed uses;
      3. (C)
         Uses involved in multipurpose trips;
      4. (D)
         Provisions for mass transit, such as heavy and light rail, carpool, bus, vanpool, and developer-provided services, which would make off-street parking unnecessary;
      5. (E)
         Parking or loading spaces to be provided by public agencies;
      6. (F)
         Shared parking and transportation demand management measures intended to reduce single-occupant automobile use, encourage other modes of transportation such as transit, walking, and bicycling, and minimize off-street parking needs;
      7. (G)
         Car sharing provisions in accordance with Section 27-548.09.02; and
      8. (H)
         Existing provisions for parking established within a Parking District (see Section 27-585(a)).
   2. (2)
      If a Transit District Development Plan does not contain specific parking requirements, the requirements shall be determined at the time of Detailed Site Plan review by the Planning Board in accordance with the regulations of PART 11. Additionally, the Planning Board may apply reductions from the minimum parking requirements of PART 11 if it finds alternate approaches to parking, such as but not limited to car and bike share programs, car and van pools, executed shuttle and transit bus use agreements, and trip reduction measures, will effectively provide alternatives to single-occupant automobile use.
5. (e)
   Transit facilities and streets.

   1. (1)
      The Transit District Development Plan may specify the location and size of proposed transit facilities and streets.
6. (f)
   Pedestrian and bicyclist network.

   1. (1)
      The pedestrian and bicyclist network within a Transit District shall be oriented toward serving the Metro station, as well as other development within the District, and consideration should be given to providing pedestrian and bicyclist connections to adjacent existing neighborhoods.
7. (g)
   Urban open space and recreation network

   1. (1)
      A network of squares, greens, plazas, parks, and urban recreation facilities should be identified in the Transit District Development Plan to provide an environment that encourages and facilitates pedestrian activity, promotes health and wellness, enhances the natural environment, contributes to increased property values and assessments, and adds to a sense of place and the overall design quality of transit-oriented and accessible areas.
8. (h)
   Air rights and below-ground development.

   1. (1)
      Private buildings and other structures may be located within the air space above, or in the ground below, public rights-of-way.
9. (i)
   Boundaries of zone.

   1. (1)
      The boundary of a Transit District Overlay Zone shall encompass an area in proximity to an existing or proposed Metro Station. The area shall be contiguous and shall follow property lines, streets, or permanent and readily identifiable natural features of the landscape. A boundary should not divide an individual property unless there is a clear and compelling reason to do so.

(CB-2-1984; CB-33-1985; CB-1-1989; CB-15-2014; CB-42-2015)

Effective on: 1/1/1901

1. (a)
   Within every Transit District Overlay Zone, a Transit District Development Plan and Transit District Overlay Zoning Map Amendment shall be prepared and approved, in accordance with the procedures set forth in PART 3, Division 2, Subdivision 5.
2. (b)
   All approved Transit District Development Plans shall be binding upon the property owners, their successors, assigns, and heirs. The plan shall control the use and development of all land and structures in a Transit District, and the issuance and validity of all permits within the Transit District.
3. (c)
   The Transit District Development Plan shall include the following:

   1. (1)
      A description of the area within the Transit District, including a location map showing the boundaries of the Transit District (with north arrow and scale) and a description of the existing improvements within those boundaries;
   2. (2)
      Existing zoning and use of properties within and adjacent to the Transit District;
   3. (3)
      Existing and proposed right-of-way widths of internal and adjoining streets;
   4. (4)
      The proposed vehicular, bicyclist, and pedestrian circulation systems;
   5. (5)
      The location, size, and description of known proposals for public and private improvements within the proposed Transit District;
   6. (6)
      Transit District Standards intended to implement the goals of the Transit District Development Plan and the T-D-O Zone for physical development within the Transit District;
   7. (7)
      The type and location of any specific uses which are proposed, and the distribution and maximum square footage/density anticipated to be devoted to each; and
   8. (8)
      Reports and analyses necessary to describe the area's public facilities' infrastructure requirements and priorities.
4. (d)
   The Transit District Development Plan may include the following:

   1. (1)
      A proposed sequence of development;
   2. (2)
      Reports and analyses necessary to identify public and private funding sources to finance the area's public facilities' infrastructure improvements;
   3. (3)
      Any proposed urban open space and recreation network; and
   4. (4)
      Any other pertinent information.
5. (e)
   The Transit District Overlay Zoning Map Amendment shall include any proposed changes in existing underlying zoning, along with written justification for the proposed changes.
6. (f)
   In order to maximize the flexibility of the Transit District Overlay Zone and protect the public interest, the elements and requirements contained in the Transit District Development Plan (Subsections (c) and (d), above) may take any of the following forms:

   1. (1)
      Mandatory requirements, such as, but not limited to, specific setbacks for structures or required street improvements; or
   2. (2)
      Guidelines and criteria for development which the Planning Board shall use in reviewing a Detailed Site Plan.

(CB-2-1984; CB-33-1985; CB-1-1989; CB-84-1990; CB-47-1996; CB-15-2014)

Effective on: 1/1/1901

1. (a)
   General.

   1. (1)
      The applicability section of the Transit District Standards may exempt development projects from Conceptual and/or Detailed Site Plan review or limit the review of specific types of development or areas of the Transit District.
   2. (2)
      Prior to the issuance of any grading permit for undeveloped property or any building permit in a Transit District, a Detailed Site Plan for individual development proposals shall be approved by the Planning Board in accordance with PART 3, Division 9.
   3. (3)
      A Detailed Site Plan, if required, shall be approved prior to, or concurrently with, any final plat of subdivision. A final plat of subdivision for roads only, however, may be approved prior to approval of the Detailed Site Plan. The Detailed Site Plan may include any portion of the Transit District, and may only be submitted by the owner of the subject property (or his authorized representative).
   4. (4)
      An amendment of the Transit District Standards may be requested and incorporated into a Conceptual or Detailed Site Plan application in accordance with 27-548.08(c) and 27-548.09.01.
2. (b)
   Contents.

   1. (1)
      In addition to the information required by PART 3, Division 9, for Detailed Site Plans, the following information shall be included for Plans in the T-D-O Zone:

      1. (A)
         The number, floor area, and type of dwelling units;
      2. (B)
         The gross floor area devoted to commercial and industrial uses and the floor area devoted to other nonresidential uses;
      3. (C)
         The density and floor area ratios proposed, and how they were calculated;
      4. (D)
         A description of the relationship between vehicular, pedestrian, and bicyclist circulation systems;
      5. (E)
         Provisions for sediment control and stormwater management;
      6. (F)
         An exterior lighting plan, showing exterior lighting of all buildings, parking areas, driveways, and pedestrian ways, including the heights, number, and type of fixtures. The plan shall also show the amount of glare upon adjoining properties in terms of level of illumination (measured in foot-candles) and cut-off angle;
      7. (G)
         The location, design, size, lighting, and all other features of signs (except signs within, and not generally visible from outside of, buildings);
      8. (H)
         A statement of planning objectives to be achieved by the development through the particular approach proposed by the applicant. This statement shall include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant;
      9. (I)
         Any additional supporting documentation where requested in the Transit District Standards and accompanying applicability section;
      10. (J)
          Any pertinent Memorandum of Understanding between a car sharing corporation or company and the applicant pursuant to Section 27-548.09.02;
      11. (K)
          A signed and dated justification statement listing the Transit District Standards, how the proposed development complies with the standards, and justifying any proposed amendments to the standards; and
      12. (L)
          A development schedule indicating the approximate dates when construction can be expected to begin and to be completed.
3. (c)
   Required findings.

   1. (1)
      In addition to the findings required by Section 27-276(b) for approval of a Conceptual Site Plan in the T-D-O Zone, the Planning Board shall find that the Transit District Site Plan is consistent with, and reflects the guidelines and criteria for development contained in, the Transit District Development Plan.
   2. (2)
      The findings required by Section 27-285(b) shall not apply to the T-D-O Zone. Instead, the following findings shall be made by the Planning Board when approving a Detailed Site Plan in the T-D-O Zone:

      1. (A)
         The Transit District Site Plan is in strict conformance with any mandatory requirements of the Transit District Development Plan;
      2. (B)
         The Transit District Site Plan is consistent with, and reflects the guidelines and criteria for development contained in, the Transit District Development Plan;
      3. (C)
         The Transit District Site Plan meets all of the requirements of the Transit District Overlay Zone, and applicable regulations of the underlying zones, unless an amendment to the applicable requirement or regulation has been approved;
      4. (D)
         The location, size, and design of buildings, signs, other structures, open spaces, landscaping, pedestrian and vehicular circulation systems, and parking and loading areas maximize safety and efficiency, and are adequate to meet the purposes of the Transit District Overlay Zone;
      5. (E)
         Each structure and use, in the manner proposed, is compatible with other structures and uses in the Transit District, and with existing and proposed adjacent development; and
      6. (F)
         Requests for reductions from the total minimum required parking spaces for Transit District Overlay Zones pursuant to Section 27-548.09.02 meet the stated location criteria and are accompanied by a signed Memorandum of Understanding between a car sharing corporation or company and the applicant.
   3. (3)
      The applicant may ask the Planning Board to apply development standards which differ from mandatory requirements in the Transit District Development Plan, unless the plan provides otherwise. The Board may amend any mandatory requirements except building height restrictions and parking standards, requirements which may be amended by the District Council under procedures in PART 10A, Division 1. The Board may amend parking provisions concerning the dimensions, layout, or design of parking spaces or parking lots.

   In approving the Transit District Site Plan, the Planning Board shall find that the mandatory requirements, as amended, will benefit the proposed development and the Transit District and will not substantially impair implementation of the Transit District Development Plan, and the Board shall then find that the site plan meets all mandatory requirements which apply.

4. (d)
   Earnest Payment Fee Determination.

   1. (1)
      For any development in excess of the level of development approved for each parcel in the approved Transit District Development Plan, the Planning Board shall require an earnest payment fee, the amount in accordance with the approved Transit District Development Plan.
   2. (2)
      The earnest payment fee shall be paid to the Prince George's County Office of Finance prior to signature approval of the Detailed Site Plan.
5. (e)
   Validity period.

   1. (1)
      Unless otherwise specified in an approved Transit District Development Plan, a Transit District Site Plan shall remain valid for a period of six (6) years following the date of its approval.
   2. (2)
      If specified in an approved Transit District Development Plan, a Transit District Site Plan may remain valid for a period of less than six (6) years following the date of its approval. The Planning Board may extend the validity of an approved Detailed Site Plan for one (1) year beyond the validity period, provided the following criteria are met:

      1. (A)
         The request is filed prior to the expiration of the Detailed Site Plan approval;
      2. (B)
         The Detailed Site Plan remains in conformance with all the requirements of the approved Transit District Development Plan and Subtitle 27 applicable to the subject property;
      3. (C)
         The developer can demonstrate to the Planning Board that the developer has proceeded in a diligent manner to move forward with physical development and has been unable, through no fault of the developer, to complete the construction which is necessary to become vested in the approved Detailed Site Plan;
      4. (D)
         The developer has applied to the Department of Permitting, Inspections, and Enforcement for a building permit prior to the expiration of the validity of the subject Detailed Site Plan; and
      5. (E)
         The Planning Board shall find that the extension of the validity of the Detailed Site Plan is in the best interests of the Transit District, as set forth in the goals, objectives, mandatory requirements, and development guidelines of the Transit District Development Plan.
6. (f)
   Appeal of Planning Board's decision.

   1. (1)
      For the purpose of making an appeal (in accordance with Section 27-290), a person of record shall include any person of record in the creation of the Transit District Overlay Zone and approval of the Development Plan, and any person of record in the Site Plan approval process.

(CB-2-1984; CB-33-1985; CB-84-1990; CB-31-1993; CB-47-1996; CB-72-2001; CB-15-2014; CB-29-2014)

Editor's note(s)—Section 1 of CB-7-2009 (DR-2) provides that the provisions for the running of validity periods contained in Sections 27-287, 27-527, 27-528, 27-546.07, and 27-548.08 of the Zoning Ordinance of the County Code, are hereby temporarily suspended until December 31, 2010.

Section 2 of CB-7-2009 (DR-2) provides that the suspension of the validity period for a given application shall only be applied if the application was in an active, current validity period as of January 1, 2009. This suspension shall not be applied to any whose validity period begins after the date of the adoption of this Ordinance.

Section 1 of CB-6-2010 provides that the provisions for the running of validity periods contained in Sections 27-287, 27-527, 27-528, 27-546.07, and 27-548.08 of the Zoning Ordinance of the County Code, are hereby temporarily suspended until December 31, 2011.

Section 2 of CB-6-2010 provides that the suspension of the validity period for a given application shall only be applied if the application was in an active, current validity period as of January 1, 2010. This suspension shall not be applied to any whose validity period begins after the date of the adoption of this Ordinance.

Section 1 of CB-7-2011 (DR-2) provides that the provisions for the running of validity periods contained in Sections 27-287, 27-527, 27-528, 27-546.07, and 27-548.08 of the Zoning Ordinance of the County Code, are hereby temporarily extended until December 31, 2012.

Section 2 of CB-7-2011 (DR-2) provides that the extension of the validity period for a given application shall only be applied if the application was in an active, current validity period as of January 1, 2011. This extension shall not be applied to any whose validity period begins after the date of the adoption of this Ordinance.

Section 3 of CB-7-2011 (DR-2) provides that the provisions of this Ordinance shall be abrogated and be of no further force and effect after December 31, 2012.

Section 1 of CB-67-2012 (DR-2) provides that the provisions for the running of validity periods contained in Sections 27-287, 27-527, 27-528, 27-546.07, and 27-548.08 of the Zoning Ordinance of the County Code, are hereby temporarily extended until December 31, 2013.

Section 2 of CB-67-2012 (DR-2) provides that the extension of the validity period for a given application shall only be applied if the application was in an active, current validity period as of January 1, 2012. This extension shall not be applied to any whose validity period begins after the date of the adoption of this Ordinance.

Section 3 of CB-67-2012 (DR-2) provides that the provisions of this Ordinance shall be abrogated and be of no further force and effect after December 31, 2013.

Section 1 of CB-71-2013 (DR-2) provides that the provisions for the running of validity periods contained in Sections 27-287, 27-527, 27-528, 27-546.07, and 27-548.08 of the Zoning Ordinance of the County Code, are hereby temporarily extended until December 31, 2015.

Section 2 of CB-71-2013 (DR-2) provides that the extension of the validity period for a given application shall only be applied if the application was in an active, current validity period as of January 1, 2013. This extension shall not be applied to any whose validity period begins after the date of the adoption of this Ordinance.

Section 3 of CB-71-2013 (DR-2) provides that the provisions of this Ordinance shall be abrogated and be of no further force and effect after December 31, 2015.

CB-71-2013 is an uncodified law enacted by the District Council to extend the validity periods of approved detailed site plan applications in a valid status as of January 1, 2013, until December 31, 2015. CB-75-2013 is a codified law providing a conditional or qualified extension process for certain detailed site plan validity periods. The enactment of a conditional extension process in CB-75-2013 does not invalidate or supplant the extension of validity periods by law for approved detailed site plan applications in a valid status as of January 1, 2013, by CB-71-2013. Thus, the applicability of CB-75-2013 to approved detailed site plan applications extended by way of CB-71-2013 is tolled until January 1, 2016.

For detailed site plan applications approved January 2, 2013, or later, the manner and terms for extensions of validity periods set forth in CB-75-2013 will apply to extensions of the validity periods articulated in PART 3, Division 9 of the Zoning Ordinance.

CB-81-2015 is uncodified law enacted by the District Council effective from November 17, 2015, and provides as follows: Sections 1 and 2 of CB-81-2015 temporarily extend, until December 31, 2017, validity periods prescribed in Sections 27-287, 27-527, 27-528, 27-546.07, and 27-548.08 of the Zoning Ordinance for approved applications for Specific Design Plans and Detailed Site Plans, including Detailed Site Plans in the M-X-C and Transit District Overlay Zones, provided that the approved application was in a valid status on January 1, 2015. Section 3 of CB-81-2015 provides that the provisions of CB-81-2015 will automatically expire on December 31, 2017, while Section 5 calls for a work group to be established by the District Council to determine the viability of Detailed Site Plans and Specific Design Plans to proceed in the development process prior to December 17, 2017.

CB-97-2017 is uncodified law enacted by the District Council effective from November 7, 2017, and provides as follows: Sections 1 and 2 of CB-97-2017 temporarily extend, until December 31, 2018, validity periods prescribed in Sections 27-287, 27-527, 27-528, 27-546.07, and 27-548.08 of the Zoning Ordinance for approved applications for Specific Design Plans and Detailed Site Plans, including Detailed Site Plans in the M-X-C and Transit District Overlay Zones, provided that the approved application was in a valid status on January 1, 2017. Section 3 of CB-97-2017 provides that the provisions of CB-97-2017 will automatically expire on December 31, 2018.

CB-59-2018 is uncodified law enacted by the District Council effective from October 23, 2018, and provides as follows: Sections 1 and 2 of CB-59-2018 temporarily extend, until December 31, 2020, validity periods prescribed in Sections 27-287, 27-527, 27-528, 27-546.07, and 27-548.08 of the Zoning Ordinance for approved applications for Specific Design Plans and Detailed Site Plans, including Detailed Site Plans in the M-X-C and Transit District Overlay Zones, provided that the approved application was in a valid status on January 1, 2018. Section 3 of CB-59-2018 provides that the provisions of CB-59-2018 will automatically expire on December 31, 2020.

On November 17, 2020, the County Council sitting as the District Council enacted Chapter 55, 2020 Laws of Prince George's County, Maryland (CB-73-2020), concerning the time for expiration of certain approved applications in a valid status as of January 1, 2020. Accordingly, the provisions for the running of validity periods set forth in Sections 27-287, 27-527, 27-528, 27-546.07, and 27-548.08 of the Zoning Ordinance, being also Subtitle 27 of the Prince George's County Code, are hereby temporarily extended until December 31, 2021, for detailed site plans and specific design plans approved prior to January 1, 2015. The provisions for the running of validity periods set forth in Sections 27-287, 27-527, 27-528, 27-546.07, and 27-548.08 of the Zoning Ordinance are hereby temporarily extended until December 31, 2022, for detailed site plans and specific design plans approved after January 1, 2015. Chapter 55 became effective on the date of its adoption.

Effective on: 1/1/1901

Except in the Comprehensive Design and M-X-T Zones, and except for map amendments (not including conditions placed on the approval), all actions of the District Council, Zoning Hearing Examiner, Planning Board, or Board of Zoning Appeals which were taken in accordance with this Subtitle and which affected property prior to its being classified in the Transit District Overlay Zone, are null and void with respect to future development within the Transit District, except as addressed by this Subdivision and PART 3, Division 2, Subdivision 5. In the Comprehensive Design and M-X-T Zones, any plans approved prior to the property being classified in the Transit District Overlay Zone remain in full force and effect, unless the property owner indicates (in writing) that the plans may be changed and that the requirements of the Transit District Overlay Zone may be fully applied to the property. Actions with respect to a Transit District Overlay Zone shall not invalidate any approved subdivision plat.

(CB-2-1984; CB-33-1985)

Effective on: 1/1/1901

1. (a)
   District Council.

   1. (1)
      The District Council but not the Planning Board may approve any of the following amendments to Transit District development requirements, under procedures in PART 3, Division 2, Subdivision 5:

      1. (A)
         Change of the boundary of the T-D-O Zone;
      2. (B)
         Change of an underlying zone;
      3. (C)
         Change to the list of allowed uses, as modified by the Transit District Development Plan;
      4. (D)
         Change to building height requirements;
      5. (E)
         Change to transportation demand requirements or other parking provisions in the Transit District Development Plan which do not concern the dimensions, layout, or design of parking spaces or parking lots.
2. (b)
   Property Owner.

   1. (1)
      A property owner may ask the District Council, but not the Planning Board, to change the boundaries of the T-D-O Zone, a property's underlying zone, the list of allowed uses, building height restrictions, or parking standards in the Transit District Development Plan. The Planning Board may amend parking provisions concerning the dimensions, layout, or design of parking spaces or parking lots.
   2. (2)
      The owner's application shall include:

      1. (A)
         A statement showing that the proposed development conforms with the purposes and recommendations for the Transit District, as stated in the Transit District Development Plan; and
      2. (B)
         A Detailed Site Plan or Conceptual Site Plan, in accordance with PART 3, Division 9.
   3. (3)
      Filing and review of the application shall follow the site plan review procedures in PART 3, Division 9, except as modified in this Section. The Technical Staff shall review and submit a report on the application. When an amendment application proposes to enlarge the boundaries of the Transit District Overlay Zone by five (5) or more acres, the Technical Staff shall also provide an Adequate Public Facilities report as defined in Subtitle 24 of the County Code as part of the development review process for proposed development of the subject property. The Planning Board shall hold a public hearing and submit a recommendation to the District Council. Before final action the Council may remand the application to the Planning Board for review of specific issues.
   4. (4)
      An application may be amended at any time. A request to amend an application shall be filed and reviewed in accordance with Section 27-145.
   5. (5)
      The District Council may approve, approve with conditions, or disapprove any amendment requested by a property owner under this Section. In approving an application and site plan, the District Council shall find that the proposed development conforms with the purposes and recommendations for the Transit Development District, as stated in the Transit District Development Plan, and meets applicable site plan requirements.
   6. (6)
      If a Conceptual Site Plan is approved with an application, the owner may not obtain permits without an approved Detailed Site Plan.

(CB-72-2001; CB-53-2011)

Effective on: 1/1/1901

For development proposals within a Metro or light rail station that is existing, is funded for future construction, or has final design approval, parking requirements may be reduced based on development density for each parking space designated for a car-sharing vehicle by Memorandum of Understanding between a car sharing corporation or company and the development applicant. The reduction shall not exceed twenty (20%) percent of the total minimum required parking spaces for Transit District Overlay Zones. The reduction shall be determined during the development review process and in accordance with the below chart:

(CB-51-2011)

Effective on: 1/1/1901

1. (a)
   The Chesapeake Bay Critical Area Overlay Zones are superimposed over the underlying zones within the Chesapeake Bay Critical Area, in accordance with the procedures set forth in PART 3, Division 2, Subdivision 6, of this Subtitle.
2. (b)
   In addition to the regulations set forth in this Division for development in the Chesapeake Bay Critical Area Overlay Zones, all land within such zones shall be subject to the development regulations set forth in Subtitle 5B and Subtitle 24.
3. (c)
   Grandfathering.

   1. (1)
      All buildable lots (except outlots and outparcels) recorded prior to December 1, 1985, shall remain buildable lots, regardless of lot size, provided:

      1. (A)
         The proposed development will minimize adverse impacts on water quality that result from pollutants that are discharged from structures or conveyances or that have runoff from surrounding lands; and
      2. (B)
         The applicant has identified fish, wildlife, and plant habitat which may be adversely affected by the proposed development and has designed the development so as to protect those identified habitats whose loss would substantially diminish the continued ability of populations of affected species to sustain themselves.
   2. (2)
      A legal parcel of land, not being part of the recorded or approved subdivision, that was recorded as of December 1, 1985 may be developed with a single family dwelling notwithstanding limitations on density in the Critical Area Overlay Zone provided:

      1. (A)
         The proposed development will minimize adverse impacts on water quality that result from pollutants that are discharged from structures or conveyances or that have runoff from surrounding lands; and
      2. (B)
         The applicant has identified fish, wildlife, and plant habitat which may be adversely affected by the proposed development and has designed the development so as to protect those identified habitats whose loss would substantially diminish the continued ability of populations of affected species to sustain themselves.
   3. (3)
      All properties affected by the 2014 Critical Area Overlay Zone Sectional Map Amendment shall be grandfathered with respect to legally existing buildings and impervious surfaces as of the effective date of the Sectional Map Amendment.
   4. (4)
      All grandfathered lots shall be brought into conformance with the Critical Area regulations insofar as possible at the time of development.
   5. (5)
      The lot size, frontage, and vehicular access are in accordance with the requirements of the underlying zone. Development of these lots shall not count towards the growth allocation of the applicable Overlay Zone.
4. (d)
   Consistency. Nothing in this section may be interpreted as altering any requirements for development activities set out in the Water-Dependent Facilities Section or the Habitat Protection Areas Section of Subtitle 5B.

(CB-72-1987; CB-76-2010; CB-64-2014)

Effective on: 1/1/1901

1. (a)
   All development and utilization of property located in the Chesapeake Bay Critical Area Overlay Zones shall be in accordance with Subtitle 5B and, where appropriate, in accordance with a Conservation Plan and Conservation Agreement. In the Chesapeake Bay Critical Area Overlay Zones, the requirements of the Conservation Manual Subtitle 5B shall prevail where they are more stringent than existing requirements for development.
2. (b)
   Prior to the approval of a preliminary plan of subdivision or a lot consolidation within the Chesapeake Bay Critical Area Overlay Zones, a Conservation Plan shall be submitted in accordance with Subtitle 5B and approved by the Planning Board.
3. (c)
   Where no subdivision is required, prior to the approval of a building or grading permit within the Chesapeake Bay Critical Area Overlay Zones, a Conservation Plan shall be submitted in accordance with Subtitle 5B for approval by the Planning Board or its authorized representative. The Planning Board shall approve the Conservation Plan prior to the issuance of a grading or building permit, unless waived in accordance with the provisions of Subtitle 5B.
4. (d)
   The Conservation Plan and Conservation Agreement shall be prepared in accordance with Subtitle 5B.
5. (e)
   Where a Conservation Plan and Conservation Agreement are required, the approved Conservation Agreement shall be recorded among the land records of Prince George's County prior to final plat approval of subdivision, when such plat is required, or prior to the issuance of a building or grading permit if a plat is not required.
6. (f)
   Land disturbances not subject to grading or building permits shall not require a Conservation Plan or Conservation Agreement unless otherwise noted herein, but shall comply with the regulations of Subtitle 5B and the Zoning Ordinance.
7. (g)
   Minor revisions to an approved Conservation Plan are defined in Subtitle 5B and may be made in accordance with the procedures set forth therein.

(CB-72-1987; CB-57-1989; CB-7-1993; CB-76-2010)

Effective on: 1/1/1901

The uses allowed on land in the Critical Area Overlay Zones shall be the same as those allowed in the underlying zone in which the land has been classified, except as otherwise specified in the Table of Uses in this Division.

(CB-72-1987)

Effective on: 1/1/1901

1. (a)
   Purposes.

   1. (1)
      The purposes of the I-D-O Zone are to:

      1. (A)
         Accommodate existing residential, commercial, or industrial land uses within the Chesapeake Bay Critical Area;
      2. (B)
         Promote new residential, commercial, and industrial land uses in accordance with development intensity limits designated for the I-D-O Zone in this Subtitle;
      3. (C)
         Conserve and enhance fish, wildlife, and plant habitats; and
      4. (D)
         Improve the quality of runoff that enters the tributary streams of the Chesapeake Bay from developed areas.
2. (b)
   Uses.

   1. (1)
      The uses allowed in the I-D-O Zone are the same as those allowed in the underlying zones in which the land is classified, except as otherwise specified in the Table of Uses in this Division.
3. (c)
   Regulations.

   1. (1)
      Additional regulations (to those of the underlying zones) concerning the impervious surface ratio, density, slopes, and other provisions for new development in the I-D-O Zone are as specified in this Division and Subtitle 5B.

(CB-72-1987; CB-76-2010)

Effective on: 1/1/1901

1. (a)
   Purposes.

   1. (1)
      The purposes of the L-D-O Zone are to:

      1. (A)
         Maintain or, if possible, improve the quality of runoff and groundwater entering the tributaries of the Chesapeake Bay;
      2. (B)
         Maintain existing areas of natural habitat; and
      3. (C)
         Accommodate additional low- or moderate-intensity development.
2. (b)
   Uses.

   1. (1)
      The uses allowed in the L-D-O Zone are the same as those allowed in the underlying zones in which the land is classified, except as provided for in the Table of Uses in this Division.
3. (c)
   Regulations.

   1. (1)
      Additional regulations (to those of the underlying zones) concerning the impervious surface ratio, density, slopes, and other provisions for new development in the L-D-O Zone are as specified in this Division and Subtitle 5B.

(CB-72-1987; CB-76-2010)

Effective on: 1/1/1901

1. (a)
   Purposes.

   1. (1)
      The purposes of the R-C-O Zone are to:

      1. (A)
         Provide adequate breeding, feeding, and wintering habitats for wildlife populations that require natural coastal environments along the tributaries of the Chesapeake Bay in order to sustain their populations;
      2. (B)
         Conserve, protect, and enhance the overall ecological values of the Chesapeake Bay Critical Area, its biological productivity and diversity;
      3. (C)
         Protect the land and water resource base necessary to support resource-oriented land uses, such as agriculture, timber harvesting, or fisheries activities; and
      4. (D)
         Conserve existing woodlands and forests for the water quality benefits they provide.
2. (b)
   Uses.

   1. (1)
      The uses allowed in the R-C-O Zone are the same as those allowed in the underlying zones in which the land is classified, except as otherwise specified in the Table of Uses in this Division.
3. (c)
   Regulations.

   1. (1)
      Additional regulations (to those of the underlying zones) concerning lot coverage in the CBCA density, slopes, and other provisions for new development in the R-C-O Zone are as specified in this Division and Subtitle 5B.

(CB-72-1987; CB-76-2010)

Effective on: 1/1/1901

1. (a)
   Uses allowed in the Chesapeake Bay Critical Area Overlay Zones are the same as those allowed in the underlying zones, except as modified in the Table of Uses in Subsection (c).
2. (b)
   In the Table of Uses, the following applies:

   1. (1)
      The letter "P" indicates that the use is permitted in the designated Chesapeake Bay Critical Area Overlay Zone.
   2. (2)
      The letters "SE" indicate that the use is permitted, subject to the approval of a Special Exception in accordance with PART 4 of this Subtitle.
   3. (3)
      The letters "PC" indicate that the use is permitted, subject to the following general criteria:

      1. (A)
         The use is water-dependent, pursuant to the definition of water-dependent uses set forth in COMAR 27.01.03.01 and the criteria of COMAR 27.01.03.04.B, or, if the use is not water-dependent, structures or activities shall be located outside the Buffer insofar as possible; (B) The use meets a recognized public or private need;

      3. (C)
         Adverse effects on water quality and on fish, plant, and wildlife habitats are minimized; and
      4. (D)
         The use is consistent with the approved Master Plan for the area.
   4. (4)
      The letter "X" indicates that the use is prohibited.

(CB-57-1989; CB-76-2010)

1. (a)
   TABLE OF USES.

Effective on: 1/1/1901

1. (a)
   The following Table contains regulations for development in the Chesapeake Bay Critical Area Overlay Zones, in addition to, or in lieu of, those of the underlying zones.
2. (b)
   TABLE 1 - DENSITY MAXIMUM, LOT COVERAGE IN THE CHESAPEAKE BAY CRITICAL AREA, SLOPES.

3. (c)
   The following Critical Area lot coverage percentages shall be met on all lots or parcels within the Critical Area unless the provisions of Section 27-241 with regard to nonconformance have been met or unless a variance has been approved by the Planning Board:

   1. (1)
      Lot coverage in the Critical Area shall be limited to a maximum of 15% for all lots or parcels within the Critical Area except as specified below.
   2. (2)
      For buildable lots or parcels one-half acre or less in size lot coverage is limited to 25%.
   3. (3)
      For buildable lots or parcels greater than one-half and less than one acre in size lot coverage is limited to 15%.
   4. (4)
      For subdivisions approved after December 1, 1985, the overall Critical Area lot coverage for the subdivision may not exceed 15%. Lot coverage on individual lots may exceed 15% as long as the overall percentage of Critical Area lot coverage does not exceed 15%.

(CB-76-2010)

Effective on: 1/1/1901

1. (a)
   A marina permitted in the Table of Uses in the underlying M-X-T Zone and in the L-D-O and I-D-O Overlay Zones shall be subject to the following requirements.

   1. (1)
      The M-X-T Zone was approved by the District Council prior to July 31, 1983; and
   2. (2)
      The Planning Board and District Council approved a Conceptual Site Plan showing the general location of the marina on the Property prior to July 31, 1986.

(CB-34-1989)

Effective on: 1/1/1901