1. (1)
   To require (in connection with each building constructed and each new use established) off-street automobile parking lots and loading areas sufficient to serve the parking and loading needs of all persons associated with the buildings and uses;
2. (2)
   To aid in relieving traffic congestion on streets by reducing the use of public streets for parking and loading and reducing the number of access points;
3. (3)
   To protect the residential character of residential areas; and
4. (4)
   To provide parking and loading areas which are convenient and increase the amenities in the Regional District.

1. (1)
   Parking lots are for the sole purpose of accommodating the passenger vehicles of persons associated with the use which requires the parking lot. Parking lots shall not be used for loading purposes. The loading spaces are required for the purpose of accommodating vehicles delivering and removing merchandise or other material.
2. (2)
   Except as provided in this Section, these parking and loading areas and their access driveways shall not be used for:

   1. (A)
      The sale, display, or storage of automobiles or other merchandise;
   2. (B)
      Parking of vehicles accessory to the use;
   3. (C)
      Performing services (including services to vehicles); or
   4. (D)
      Any other purpose, except as permitted in this Part.

1. (1)
   At any time that a parking lot or loading area (or part thereof) shall cease to be available for its purpose, the use and occupancy permit for the use for which it is required shall be revoked until such time as the requirements of this Part are complied with.

1. (1)
   A parking garage which is wholly enclosed, may include the incidental service of automobiles, provided:

   1. (A)
      The service shall be limited to supplying gasoline, oil, water, tire pressure, and washing;
   2. (B)
      Only automobiles parking in the garage may be served; and
   3. (C)
      No signs visible from the exterior of the structure shall indicate the presence of the service facilities.
2. (2)
   This use is not allowed in all zones. (See the Table of Uses to determine if the use is allowed in the zone, and whether a Special Exception is required to be approved for the use.)

1. (1)
   Carnivals, circuses, fairs, or similar temporary uses shall be permitted on a parking lot, provided the use shall not continue for more than seventeen (17) consecutive days, and a temporary permit has been obtained, in accordance with Sections 27-260 and 27-261(k).

1. (1)
   Parking spaces provided solely for, and on the same lot with, one-family dwellings may be located one behind the other. The front space may be used as access to the rear space.

1. (1)
   The following temporary uses may be allowed in a parking lot, in accordance with Section 27-260:

   1. (A)
      Sales and display of seasonal decorations, provided the requirements of Section 27-261(c) are met;
   2. (B)
      Temporary shelter for commercial displays, sales, and services, provided the requirements of Section 27-261(d) are met; and
   3. (C)
      Firewood displays and sales, provided the requirements of Section 27-261(h) are met.

1. (1)
   Any legally existing use that complies with the previous requirements for parking and loading areas (in effect at the time the use began). If the use is a certified nonconforming use, the parking lot or loading area used with it shall not be reduced, except in accordance with this Part;
2. (2)
   Any legally existing use for which any of the parking or loading requirements had previously been waived or reduced by the District Council or the Board of Zoning Appeals, not including departures granted under Section 27-588; and
3. (3)
   Any future use occupying the same premises as either of the above, provided there is no expansion or change of use that would require a greater number of parking or loading spaces (per Sections 27-568 and 27-582) than the number of spaces legally existing under the prior regulations. If the use began prior to the establishment of parking or loading regulations for that use, the phrase "number of spaces legally existing under the prior regulations" shall mean the current regulations of this Part (for the prior legally existing use). In both cases, where additional spaces are created, only the area occupied by the additional spaces shall be required to conform to the Design Standards.
4. (4)
   Any legally existing use in the Town of Upper Marlboro constructed before April 24, 1961; except that any proposal to increase the GFA (Gross Floor Area) or increase the interior floor area used for human occupancy must provide parking for the new floor area in accordance with current parking ratios pursuant to PART 11. Any existing on-site parking may not be used to fulfill the parking requirement for newly created GFA or additional interior space.

1. (1)
   Any of the requirements of this Part may be waived by the District Council for any land within a Parking District (defined in Subtitle 2, Division 27, of this Code) upon written request by the Prince George's County Parking Authority. The Parking Authority shall reasonably show that the parking needs can be met and that the overall purposes of this Part will still be fulfilled.
2. (2)
   Prior to the District Council making a decision, the Zoning Hearing Examiner shall:

   1. (A)
      Obtain and review the comments of the Prince George's County Parking Authority and the Planning Board; and
   2. (B)
      Conduct a public hearing in accordance with Section 27-129.
3. (3)
   After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council. Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's decision with the District Council. If appealed, all persons of record may testify before the District Council. Persons arguing shall adhere to the District Council's Rules of Procedures, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.
4. (4)
   The District Council's action shall be embodied in a resolution which shall specify the geographical limits affected by the waiver.

1. (1)
   The District Council may exclude any area in the County from the requirements of this Part (for all, or certain specified, uses) upon finding that:

   1. (A)
      Other parking or loading facilities are available in the vicinity which provide a satisfactory, permanent alternative; and
   2. (B)
      Either:

      1. (i)
         Providing parking lots or loading spaces is impractical because of the lack of sufficient vacant land located within a reasonable distance; or
      2. (ii)
         In a residential neighborhood, lot sizes are generally too small to permit the parking of vehicles or loading spaces in accordance with this Part.
2. (2)
   Prior to the District Council making a decision, the Zoning Hearing Examiner shall:

   1. (A)
      Obtain and review the recommendation of the Planning Board; and
   2. (B)
      Conduct a public hearing in accordance with Section 27-129.
3. (3)
   After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council. Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's decision with the District Council. If appealed, all persons of record may testify before the District Council. Persons arguing shall adhere to the District Council's Rules of Procedures, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.
4. (4)
   The District Council's action shall be embodied in a resolution which shall specify the geographical limits of the area excluded from the parking requirements. The resolution shall also indicate whether the exclusion is applicable to all uses or if it is only applicable to certain specified uses.

1. (1)
   In the U-L-I Zone, the Planning Board may approve an Optional Parking Plan which may reduce the minimum parking and loading schedules and design standards required by PART 11 upon a determination that:

   1. (A)
      Providing parking lots and loading spaces in strict compliance with PART 11 is impractical because of the lack of sufficient vacant land located within a reasonable distance; and
   2. (B)
      A combination of shared off-street parking agreements, public parking lots and controlled on-street parking (subject to appropriate authorization from State, County, or municipal government) will be adequate to serve the designated area; and
   3. (C)
      Modified parking and loading design standards are necessary to maximize the use of off-street locations and to allow on-street parking and loading alternatives.
2. (2)
   Prior to making its decision, the Planning Board shall obtain and review the recommendation of any municipality within which the site is located and conduct a public hearing.
3. (3)
   The Planning Board's action shall be embodied in a resolution and shall specify the geographical limits of the area included in the Parking Plan and whether any properties are to be specifically excluded from the Plan.
4. (4)
   The Planning Board may only approve an Optional Parking Plan contrary to the recommendation of a municipality containing any portion of the subject land within its boundaries upon the affirmative vote of four-fifths (4/5) of the members of the full Board.
5. (5)
   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.
6. (6)
   Prior to making its decision, the District Council shall obtain and review the recommendation of any municipality within which the site is located and conduct a public hearing.
7. (7)
   The District Council may only approve an Optional Parking Plan contrary to the recommendation of a municipality containing any portion of the subject land within its boundaries upon the affirmative vote of two-thirds (2/3) of the members of the full Council.
8. (8)
   Only those businesses which choose to participate in an Optional Parking Plan will be included in the Plan. Any other businesses will be subject to all applicable provisions of PART 11.

1. (1)
   The lot upon which the church is located is within five hundred (500) feet of any existing parking lot, including a public, private, or commercial lot;
2. (2)
   The church has written permission to use the existing parking lot; and
3. (3)
   The existing parking lot has sufficient spaces available during the time of regular church services to provide the total number of spaces required.

1. (1)
   In order to accomplish the purposes of this Part, the Design Standards (Division 2, Subdivision 2; and Division 3, Subdivision 2) shall normally be complied with. A departure from these Design Standards may be permitted by the Planning Board or Planning Director, or by a municipality if this authority has been delegated by the District Council to a Municipal Corporation or through the establishment of a Revitalization Overlay District.
2. (2)
   The Planning Board is authorized to approve departures from Design Standards in this Part, under procedures and requirements in PART 3, Division 5.
3. (3)
   The Planning Director is authorized to approve administratively, without public hearing, limited departures from Design Standards, for a maximum of ten percent (10%) of standard requirements. The Director shall follow procedures and make the findings required in PART 3, Division 5.

1. (1)
   In order to accomplish the purposes of this Part, the numbers of off-street parking and loading spaces required by Sections 27-568 and 27-582 shall generally be provided. A departure from these minimum numbers of spaces may be permitted by the Planning Board or Planning Director, in accordance with this Section, or by a municipality if this authority has been delegated by the District Council to a Municipal Corporation or through the establishment of a Revitalization Overlay District.

1. (1)
   Application.

   1. (A)
      All requests for a departure shall be in the form of an application filed with the Planning Board. The Planning Board shall determine the contents of the application and shall provide the application form.
   2. (B)
      The application form shall be accompanied by the following:

      1. (i)
         Three (3) copies of a site plan and other graphic illustrations which are considered necessary to clearly indicate what is being proposed;
      2. (ii)
         Three (3) copies of a written statement by the applicant addressing the requirements of paragraph (8), below. The applicant shall be responsible for providing all information that is necessary for the Planning Board to make its decision under paragraph (8);
      3. (iii)
         A list containing the names and addresses of each municipality if any part of the property in the application is located within the municipal boundaries or is located within one (1) mile of the municipality, and a set of preaddressed envelopes or mailing labels.
2. (2)
   Fees.

   1. (A)
      Upon filing the application, the applicant shall pay to the Planning Board a filing fee to help defray the costs related to processing the application. The filing fee shall be determined by the Planning Board; except that a fee for a departure for a church or other place of worship (operated as a permitted use in a building originally constructed as a one-family detached dwelling) shall not exceed One Hundred dollars ($100.00). A reduction in the fee may be permitted by the Planning Board when it finds that payment will cause undue hardship upon the applicant.
   2. (B)
      In addition to the filing fee, a sign posting fee shall also be paid by the applicant to the Planning Board at the time the application is filed. The fee shall be determined by the Planning Board. No part of the fee shall be refunded or waived, unless the Planning Board determines that one (1) of the following applies:

      1. (i)
         The fee was paid by mistake, and the applicant has requested (in writing) a refund; or
      2. (ii)
         The application is withdrawn prior to posting the signs. In this case the entire sign posting fee shall be refunded.
3. (3)
   Hearing.

   1. (A)
      Prior to making a decision on the departure, the Planning Board shall hold a public hearing on the matter. The Planning Board shall determine the procedures under which the hearing will be held.
4. (4)
   Technical Staff Report.

   1. (A)
      The Technical Staff shall analyze the request, and shall forward its comments and recommendations to the Planning Board. These comments and recommendations shall be available for public examination at least seven (7) calendar days prior to the public hearing.
5. (5)
   Record.

   1. (A)
      The record shall consist of:

      1. (i)
         The application form and accompanying data;
      2. (ii)
         Comments and recommendations of the Technical Staff;
      3. (iii)
         All correspondence relative to the application;
      4. (iv)
         All testimony at the public hearing; and
      5. (v)
         Other items which the Planning Board deems necessary.
6. (6)
   Planning Board decision.

   1. (A)
      After the close of the record, the Planning Board shall take action on the request. The decision of the Planning Board shall be based on the record, and shall be embodied in a resolution adopted at a regularly scheduled public meeting.
   2. (B)
      The Planning Board shall give written notice of its decision to all persons of record and the District Council.
7. (7)
   Required findings.

   1. (A)
      In order for the Planning Board to grant the departure, it shall make the following findings:

      1. (i)
         The purposes of this Part (Section 27-550) will be served by the applicant's request;
      2. (ii)
         The departure is the minimum necessary, given the specific circumstances of the request;
      3. (iii)
         The departure is necessary in order to alleviate circumstances which are special to the subject use, given its nature at this location, or alleviate circumstances which are prevalent in older areas of the County which were predominantly developed prior to November 29, 1949;
      4. (iv)
         All methods for calculating the number of spaces required (DIVISION 2, Subdivision 3, and DIVISION 3, Subdivision 3, of this Part) have either been used or found to be impractical; and
      5. (v)
         Parking and loading needs of adjacent residential areas will not be infringed upon if the departure is granted.
   2. (B)
      In making its findings, the Planning Board shall give consideration to the following:

      1. (i)
         The parking and loading conditions within the general vicinity of the subject property, including numbers and locations of available on- and off-street spaces within five hundred (500) feet of the subject property;
      2. (ii)
         The recommendations of an Area Master Plan, or County or local revitalization plan, regarding the subject property and its general vicinity;
      3. (iii)
         The recommendations of a municipality (within which the property lies) regarding the departure; and
      4. (iv)
         Public parking facilities which are proposed in the County's Capital Improvement Program within the general vicinity of the property.
   3. (C)
      In making its findings, the Planning Board may give consideration to the following:

      1. (i)
         Public transportation available in the area;
      2. (ii)
         Any alternative design solutions to off-street facilities which might yield additional spaces;
      3. (iii)
         The specific nature of the use (including hours of operation if it is a business) and the nature and hours of operation of other (business) uses within five hundred (500) feet of the subject property;
      4. (iv)
         In the R-30, R-30C, R-18, R-18C, R-10A, R-10, and R-H Zones, where development of multifamily dwellings is proposed, whether the applicant proposes and demonstrates that the percentage of dwelling units accessible to the physically handicapped and aged will be increased over the minimum number of units required by Subtitle 4 of the Prince George's County Code.
8. (8)
   Appeal.

   1. (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.
   2. (B)
      The Clerk of the Council shall notify the Planning Board of any appeal or review decision. Within seven (7) calendar days after receiving this notice, the Planning Board shall transmit to the District Council a copy of the file on the proposed departure from Design Standards, all written evidence and materials submitted for consideration by the Planning Board, a transcript of the public hearing on the proposed departure, and any additional information or explanatory material deemed appropriate.
   3. (C)
      The District Council shall schedule a public hearing on the appeal or review. The hearing shall be held in accordance with Section 27-132 (District Council hearing procedures). Testimony at the hearing shall be limited to the facts and information contained within the record made at the hearing before the Planning Board. In addition, the Council may take judicial notice of any evidence contained in the record of any earlier phase of the approval process relating to all or a portion of the same property, including the approval of a preliminary plat of subdivision.
   4. (D)
      After the close of the Council's hearing, the Council shall affirm, reverse, or modify the decision of the Planning Board, or return the proposed departure to the Planning Board to take further testimony or reconsider its decision.
   5. (E)
      The Council may only approve a departure from the minimum number of off-street parking and loading spaces required contrary to the recommendation of a municipality containing the subject land within its boundaries, upon an affirmative vote of two-thirds (2/3) of the members of the full Council.
   6. (F)
      The Council shall give its decision in writing, stating the reasons for its action. Copies of the decision shall be sent to all persons of record and the Planning Board.
9. (9)
   Applicability of the departure.

   1. (A)
      An approved departure shall apply only to the use specified in the application.

1. (1)
   The Planning Director is authorized to approve administratively, without public hearing, limited departures from the number of parking and loading spaces required.
2. (2)
   Limited departures may be approved for a maximum of ten percent (10%) of standard requirements, not to exceed one hundred (100) parking spaces or one (1) loading space.
3. (3)
   Before approving a limited departure, the Director shall make the findings required in (b)(8) above and all others the Planning Board would be required to make, if it reviewed the application.
4. (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. (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. (6)
   If a written request for public hearing is not submitted within the posted time period, then the Director may act on the application. The Director's approval concludes all proceedings.
7. (7)
   If the Director denies the application or a timely hearing request is submitted, then the application shall be treated as re-filed on the date of that event. The applicant, Director, and Technical Staff shall then follow the procedures for Planning Board review in (b) above.

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

1. (1)
   The plan should comply with the purposes of this Part and Subtitle, and the General Plan;
2. (2)
   The amenity and convenience of the parking lot should be enhanced by landscaping, screening, and similar means which conform to the requirements set forth in the Landscape Manual;
3. (3)
   The parking lot should be compatible with the surrounding area; and
4. (4)
   The parking lot should conform to the design guidelines set forth in Section 27-274 of PART 3, Division 9, of this Subtitle.

1. (1)
   The requirements of this Section shall apply to all parking lots (except those provided for, and on the same lot with, one-family detached and semi-detached dwellings, and two-family detached dwellings).

1. (1)
   The following number of parking spaces shall be reserved for the physically handicapped:

1. (1)
   The normal requirement for each use is not more than twenty (20) spaces; and
2. (2)
   The total of these reductions does not exceed forty (40) spaces.

1. (1)
   The entire parking lot is within five hundred (500) feet of the nearest boundary of the record lot on which the use is located; and
2. (2)
   A legal arrangement assures the permanent availability of the parking lot.

1. (1)
   Determine the number of parking spaces required for each use proposed, based on the requirements of Section 27-568. These parking spaces are to be considered as the greatest number of spaces which are occupied in any one (1) hour and are to known as the peak parking demand for each use. At less than this peak, the number of spaces being occupied is assumed to be directly proportionate to the number occupied during the peak (i.e., at eighty percent (80%) of the peak demand, eighty percent (80%) of the peak parking demand spaces are being occupied).
2. (2)
   For each hour of the day the number of parking spaces to be occupied by each use shall be calculated. These numbers are known as the hourly fluctuation pattern. For each use, at least one (1) hour shall represent the peak parking demand, and the remaining hours will represent a percentage of the peak. There may be more than one (1) hour at the peak level.
3. (3)
   The total number of parking spaces required for all uses proposed in the M-X-T Zone and in a Metro Planned Community shall be the greatest number of spaces in any one (1) hour for the combined total of all uses proposed, based on the calculations in paragraphs (1) and (2), above. This total is known as the base requirement. The maximum parking allowable for non-residential uses is 115% of the base requirement for M-X-T properties. Parking spaces within a parking structure shall not be counted in the calculation of the maximum number of parking spaces.
4. (4)
   The base requirement may be reduced in the following manner:

   1. (A)
      Conservatively determine the number of trips which are multipurpose. A multipurpose trip is one where a person parks his car and uses a number of facilities (i.e.; an office, eating or drinking establishment, and store) without moving the car. The number of spaces required for a multi-purpose trip shall be the greatest number of parking spaces required by Section 27-568 for any one (1) use within the multipurpose trip. The base requirement may be reduced by the number of parking spaces for the other uses involved in the multipurpose trip.
   2. (B)
      Determine the number of parking spaces which will not be needed because of the provision of some form of mass transit, such as rapid rail, bus, forced carpool, van pool, and developer provided services. The base requirement may be reduced by this number.
5. (5)
   In addition to the foregoing calculations, the Planning Board shall take the following into consideration:

   1. (A)
      The number of off-street parking spaces which are to be held as exclusively reserved spaces for any period of time during the day. These parking spaces may not be made available for other uses during the time they are reserved; and
   2. (B)
      The location of parking spaces relative to the uses they serve. If the shared parking spaces are so remote that the walking distance is unacceptable for some uses, the effectiveness of shared parking will be reduced. The Planning Board may require a number of parking spaces (in addition to the base requirement) to be reserved for any specific use that is in need of spaces in the immediate vicinity of that use.

1. (1)
   The other lot is used in accordance with the requirements of the zone in which it is located; and
2. (2)
   The Planning Board determines that the other lot is convenient to the mixed use development, taking into account the location of the lot, the uses to be served, the safety of persons using it and any other considerations.

1. (1)
   The plan complies with the purposes of this Part and Subtitle, and the General Plan;
2. (2)
   All service vehicles parked for the purposes of loading or unloading are removed from streets;
3. (3)
   Vehicular and pedestrian traffic on streets is not obstructed; and
4. (4)
   The amenities of the site are enhanced by concealing the loading area.

1. (1)
   Determine the number of loading spaces normally required under Section 27-582.
2. (2)
   Determine the number of loading spaces that may be readily shared by two (2) or more uses, taking into account the location of the spaces, the uses they will serve, and the number of hours and when during the day the spaces will be occupied.
3. (3)
   The number of loading spaces normally required (paragraph (1)) may be reduced by the number of spaces determined to be unnecessary through the use of shared loading spaces (paragraph (2)).