College Park City Zoning Code

PART 18

INTERIM LAND USE CONTROLS.**

Sec. 27-1801. Title.**

This ordinance shall be known and cited as the "Interim Land Use Controls."

(CB-3-2012)

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

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

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

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

Effective on: 1/1/1901

Sec. 27-1802. Purpose and Intent.**

(a)

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

(1)
To apply interim requirements for development to protect the process for the development of the Military Installation Overlay Zone (MIOZ) that will establish long term land use controls to facilitate compatible development in the ILUC area
(2)
To provide the County adequate time to develop effective and achievable standards for development in the ILUC Area.
(3)
To minimize the intensification and reuse of existing properties except as appropriate and discourage the development of new uses that increase the number of people at risk in the ILUC Area.
(4)
To protect the safety of residents, employees and the public at large by preventing increases in density of residential uses in the impact areas and places of assembly.
(5)
To balance the goals of the 2009 Joint Base Andrews Naval Air Facility Washington Joint Land Use Study with the property rights of landowners subject to this Ordinance.
(6)
To notify landowners and tenants of the impacts from proximity to Joint Base Andrews.

(CB-3-2012)

Effective on: 1/1/1901

Sec. 27-1803. Findings.**

(a)

The District Council finds and determines that:

(1)
Interim Land Use Controls are necessary to prevent the intensification of existing land uses while the MIOZ is being developed as proposed in the Joint Land Use Study (December 2009) and supported by recommendations in the Air Installation Compatibility Use Study (December 2007); The 2009 Prince George's County Subregion 5 Master Plan, and The 2009 Prince George's County Subregion 6 Master Plan;
(2)
Joint Base Andrews is a significant national, regional, and local facility that is a major employer in Prince George's County contributing to the local economy and benefitting from the Base Realignment and Closure (BRAC) Act and influx of 2,400 personnel from multiple facilities throughout the metropolitan area;
(3)
Joint Base Andrews is a significant airport with over 141,000 annual aircraft operations in 2006-2007 carried out by units from all branches of the military, the Department of Energy, and the Maryland State Police;
(4)
The Joint Land Use Study recommends a Military Installation Overlay Zone to facilitate compatible development within the noise, height, and safety zones adjacent to the base. These areas are shown to sustain high levels of noise, be located in areas of potential danger to safety in the event of an aircraft accident, or where excess height can constitute a hazard to aircraft operations at Joint Base Andrews (JBA). These impacted areas have been illustrated on maps and included in Joint Land Use Study (JLUS); and,
(5)
Development activity within the ILUC Area is intensifying as a result of affordable land values, zoning that permits uses that are incompatible with airport operations, the expansion of existing uses, and the availability of vacant land and buildings; and
(6)
It is a matter of compelling public interest to establish interim development requirements as set forth in this Ordinance; and
(7)
These provisions are the minimum necessary to protect the health, safety, and welfare of the public during the period established in this ordinance.

(CB-3-2012)

Effective on: 1/1/1901

Sec. 27-1804. Definitions.**

(a)

Words and terms in this Part are defined as follows:

(1)
Approach-Departure Clearance Surface - The imaginary surfaces which are symmetrically centered on the extended runway centerline, beginning as an inclined plane (glide angle) 200 feet beyond each end of the primary surface, and extending for 50,000 feet. The slope of the approach departure clearance surface is 50:1 until it reaches an elevation of 500 feet above the established airfield elevation. (Illustrated on Figure XX as B) It then continues horizontally at this elevation to a point 50,000 feet from the starting point. (Illustrated on Figure [Height] as C). The width of this surface at the runway end is 2,000 feet, flaring uniformly to a width of 16,000 feet at the end point.
(2)
Conical Surface - This is an inclined imaginary surface extending outward and upward from the outer periphery of the inner horizontal surface for a horizontal distance of 7,000 feet to a height of 500 feet above the established airfield elevation. The slope of the conical surface is 20:1. The conical surface connects the inner and outer horizontal surfaces. (Illustrated on Figure [Height] as E).
(3)
High Intensity Noise Areas - Areas impacted by noise levels exceeding 74 dBA Ldn as established by Figure [Noise].
(4)
ILUC Area - The land surrounding Joint Base Andrews and shown to be impacted by one or more of the noise, height, or safety boundaries shown on the Impact Maps attached.
(5)
Imaginary surfaces - Primary surface, approach-departure clearance surface, inner horizontal surface, outer horizontal surface, transitional surface, individually or collectively, as herein defined. According to CFR 77.25, an object that exceeds this imaginary surface is an Obstruction to Air Navigation.
(6)
Inner Horizontal Surface - An imaginary surface that is an oval plane at a height of 150 feet above the established airfield elevation. The inner boundary intersects with the approach-departure clearance surface and the transitional surface. The outer boundary is formed by scribing arcs with a radius 7,500 feet from the centerline of each runway end and interconnecting these arcs with tangents. (Illustrated on Figure [Height] as D)
(7)
Land Use Compatibility Guidelines - A list of land use categories attached as Appendix "A" which reflects the compatibility of each land use with the High Intensity Noise Areas. This list is derived from pages 4-12 through 4-17 of the Air Installation Compatible Use Zone Study for Andrews Air Force Base, prepared by the United States Air Force in December 2007.
(8)
Noise Contour - One of the series of boundaries illustrated in Figure XX showing the increases in the intensity of noise as measured in Decibels (DBA Ldn), These boundaries were established by modeling the propagation of noise from the runways at Joint Base Andrews and are recorded for review at Prince George's County Land Records.
(9)
Outer Horizontal Surface - This imaginary surface is located 500 feet above the established airfield elevation and extends outward from the outer periphery of the conical surface for a horizontal distance of 30,000 feet. (Illustrated on Figure [Height] as F)
(10)
Primary Surface - An imaginary surface symmetrically centered on the runway, extending 200 feet beyond each runway end that defines the limits of the obstruction clearance requirements in the vicinity of the landing area. The width of the primary surface is 2,000 feet, or 1,000 feet on each side of the runway centerline. (Illustrated on Figure [Height] as A)
(11)
Safety Zones - Accident Potential Zone I, Accident Potential Zone II, and the Clear Zone, individually or collectively, as defined herein and illustrated in Figure [APZ].
(12)
Transitional Surface - An imaginary surface that connects the primary surfaces, the clear zone surfaces, and the approach/departure clearance surfaces to the inner horizontal surface, conical surface, outer horizontal surface, or other transitional surfaces. The slope of the transitional surface is 7 to 1 outward and upward at right angles to the runway centerline. (Illustrated on Figure [Height] as G)

(CB-3-2012)

Effective on: 1/1/1901

Sec. 27-1805. Applicability.**

(a)
Affected Areas. This Part applies to all property regardless of underlying zone within the ILUC Area.
(b)
Impact Maps.
1. (1)
  Impact Maps referenced in this Part establish the geographic boundaries of the ILUC Area where the requirements of this Part are in force and affect. The Impact Maps are Figure [Noise], Figure [Height], and Figure [APZ North] and [APZ South]. The Clerk of the Council shall be the custodian of the official Impact Maps.
2. (2)
  If a requirement established by this Part specifies a portion of the ILUC Area (i.e. 75+ dBA LDN) the affected land is those properties at or within the specified boundary as established by the Impact Maps included in this Part.
3. (3)
  Where a property is affected by more than one Impact Map, the requirements of all applicable Impact Maps apply. If the requirements between Impact Maps conflict, the most stringent requirements apply.
4. (4)
  Where the boundary of an Impact Map divides a property, the requirements of this Part apply only to the land and structures within the boundaries of that impact map.
(c)
Development Applications and Permits. This Part applies to the review of all development applications permitted in this Subtitle, Building permits and Use and Occupancy permits issued within the ILUC Area for the duration of this Part.
(d)
Exemptions. This Part does not apply to:
1. (1)
  Permits for changes in ownership, name, or occupancy with no change of use.
2. (2)
  Permits for reconstruction of a damaged or destroyed building or structure so long as the reconstruction includes no increase in the number of pre-existing residential dwelling units and/or no increase in the square footage of pre-existing non-residential development in accordance with Section 27-241(c), Section 27-241 and Section 27-242(b)(6) of this Subtitle.
3. (3)
  Permits for the alteration, enlargement, or extension of existing single family dwellings.
4. (4)
  Permits for any grading or infrastructure improvements.
5. (5)
  Permits for any public facility or public utility.
6. (6)
  Permits for any property subject to a Development District Overlay Zone (DDOZ).
7. (7)
  Permits for properties where a Zoning Map Amendment Application, Preliminary Plan of Subdivision or Detailed Site Plan was approved prior to the adoption of these interim regulations and where, as part of the approval, the proposed development was evaluated for conformance with the Air Installation Compatibility Use Zone Study for Andrews Air Force Base, provided the proposed permit conforms to any conditions imposed by such prior approval.
8. (8)
  Permits to complete the development and construction of residential lots in accordance with prior approved preliminary plans, detailed site plans, special exceptions or final plats, where infrastructure has been partially installed and construction of some of the residential units has been completed. This exemption is also intended to include residential lots in contiguous recorded plats of subdivision, whether or not approved as part of the same preliminary subdivision plan, which are being developed as a single, unified project.
9. (9)
  Permits to complete the development and construction of an industrially zoned lot in accordance with prior approved preliminary plans of subdivision, detailed site plans, special exceptions or final plats where infrastructure for roads and stormwater management has been partially installed.
10. (10)
  Permits for development of surface parking may be permitted within a safety zone provided the surface parking abuts and serves a structure outside of all safety zones.
11. (11)
  Permits for properties where a Detailed Site Plan has been approved in accordance with Section 27-1810(b) of this Part. If permits would otherwise be denied under this Part, an applicant may submit a Detailed Site Plan under Section 27-1810(b). If such a Detailed Site Plan is approved, permits may be issued in conformance with that approval and all findings made by the Planning Board.

(CB-3-2012)

Effective on: 1/1/1901

Sec. 27-1806. Requirements in the Height Area.**

(a)

Imaginary Surfaces in the ILUC Area are established by Figure [height].

(b)

The issuance of permits authorizing any construction within the boundaries established in Figure [height] shall be subject to the following additional restrictions:

(1)
No permit shall be issued for construction in the boundaries shown in Figure [height] that exceeds the height of the Imaginary Surfaces
(2)
At the time of permit, a registered Engineer or qualified professional of competent expertise shall certify that structures do not exceed the Imaginary Surfaces shown in Figure [height].

(CB-3-2012)

Effective on: 1/1/1901

Sec. 27-1807. Requirements in the Noise Area.**

(a)

Noise Contours in the ILUC Area are established by Figure [noise].

(b)

The issuance of permits authorizing construction of new residential dwellings within the boundaries established in Figure [noise] shall be subject to the following additional restrictions:

(1)
At the time of construction permit, interiors of new residential construction must be certified to 45 dBA Ldn or less by an Acoustical Engineer or qualified professional of competent expertise.

(CB-3-2012)

Effective on: 1/1/1901

Sec. 27-1808. Requirements in the High Intensity Noise Area.**

(a)

High Intensity Noise Areas in the ILUC Area are established by Figure [Noise].

(b)

The issuance of permits authorizing any construction within the High Intensity Noise Areas shall be subject to the following additional restrictions:

(1)
No permit shall be issued for construction of a building or structure for a use which is listed in the Land Use Compatibility Guidelines as incompatible.
(2)
At the time of permit, if a compatible use requires noise level reduction within the interior of a building, such noise reduction must be certified by an Acoustical Engineer or qualified professional of competent expertise.
(3)
New use and occupancy permits for non-residential uses which do not require new construction can be issued provided that the proposed use is listed in the Land Use Compatibility Guidelines as a compatible use. The use and occupancy permit site plan shall contain a note specifying that the property is located in a High Intensity Noise Area. Noise level reduction shall not be required to be incorporated into existing buildings.

(CB-3-2012)

Effective on: 1/1/1901

Sec. 27-1809. Requirements in the Safety Zone.**

(a)

Safety Areas are established by Figure [APZ].

(b)

The issuance of permits authorizing any construction within the boundaries established in Figure [APZ] shall be subject to the following additional restrictions:

(1)
A permit shall not be issued for new construction on vacant land.
(2)
A permit shall not be issued for the construction of new residential units.
(3)
Permits shall not be issued for improvements that expand the Gross Floor Area of a non-residential structure.
(4)
Permits shall not be issued for a use that involves the storage or use of explosive, flammable, or toxic material in outdoor above ground storage tanks on non-residential properties.
(5)
In no case shall a permit be issued for the following uses except as exempt in Section 27-1805(d) of this Part:
1. (A)
  Adult day care center or facility;
2. (B)
  Adult Entertainment;
3. (C)
  Adult rehabilitation center;
4. (D)
  Assisted living facility;
5. (E)
  Auditorium;
6. (F)
  Boarding or Rooming House;
7. (G)
  Chancery;
8. (H)
  Church or similar place of worship, convent, or monastery;
9. (I)
  Community building;
10. (J)
  Congregate Living;
11. (K)
  Day care center for children;
12. (L)
  Eating and drinking establishment;
13. (M)
  Eleemosynary or philanthropic institution;
14. (N)
  Family day care;
15. (O)
  Health campus;
16. (P)
  Hospital;
17. (Q)
  Medical/residential campus;
18. (R)
  Modular classroom as a temporary use;
19. (S)
  Nursing or care home;
20. (T)
  Recreational Establishment of Commercial Nature;
21. (U)
  School, private;
22. (V)
  Small group child care;
23. (W)
  Theatre.

(c)

Validity Period. For properties in the boundaries of Figure [APZ], all building permits, including those issued prior to [effective date], shall remain valid for a period not to exceed four (4) months. The validity period of an expired building permit shall not be extended, unless the permittee provides documentary evidence that a contract purchaser has secured financing to complete construction of the dwelling described on the issued permit.

(CB-3-2012)

Effective on: 1/1/1901

Sec. 27-1810. Conditions on Development Applications.**

(a)

At the time of approval of development application permitted in this Subtitle, including but not limited to Detailed Site Plans in accordance with Section 27-281, the Planning Board shall include reasonable conditions to fulfill the requirements of this Part.

(b)

Where a Limited Detailed Site Plan or a Detailed Site Plan is approved for a property affected by the requirements of this section, permits may be issued for construction and use and occupancy if the Planning Board makes the following findings in its approval:

(1)
The property is not within the boundaries of the Clear Zone;
(2)
Proposed development shall not exceed the height of the Imaginary Surfaces;
(3)
Interior noise shall be attenuated to minimum safe levels for the proposed use;
(4)
Stormwater facilities and landscaping are designed to minimize the attraction of birds or other aircraft strike hazards;
(5)
No aboveground storage of flammable, explosive, or hazardous material is permitted; and.
(6)
Proposed structures are designed to minimize the number of people in the areas of highest accident potential or noise.

(c)

Plans submitted in accordance with this section shall include elements sufficient to make the findings required by the Planning Board.

(d)

An application received strictly to conform to the terms of this Part which otherwise would not require approval of a Detailed Site Plan shall require a Limited Detailed Site Plan that is submitted and reviewed in accordance with Section 27-286(a). Such a plan shall include only those elements necessary to address the findings of Section 27-1810(b), notwithstanding the provisions of Section 27-282.

(CB-3-2012)

27-1810Editor's note(s)—Section 5 of CB-3-2012 provides that the provisions of this Section shall be abrogated and no longer effective twelve (12) months after its adoption, or December 6, 2013. Section 5 further provides that the Council may extend the time for abrogation up to six months. Accordingly, and by authority of the enactment of CB-47-2013, the Council extended the time for abrogation of the provisions of this Section until June 6, 2014.

Effective on: 1/1/1901

College Park City Zoning Code

PART 18

INTERIM LAND USE CONTROLS.**

Sec. 27-1801. Title.**

This ordinance shall be known and cited as the "Interim Land Use Controls."

(CB-3-2012)

Effective on: 1/1/1901

Sec. 27-1802. Purpose and Intent.**

(a)

(1)
To apply interim requirements for development to protect the process for the development of the Military Installation Overlay Zone (MIOZ) that will establish long term land use controls to facilitate compatible development in the ILUC area
(2)
To provide the County adequate time to develop effective and achievable standards for development in the ILUC Area.
(3)
To minimize the intensification and reuse of existing properties except as appropriate and discourage the development of new uses that increase the number of people at risk in the ILUC Area.
(4)
To protect the safety of residents, employees and the public at large by preventing increases in density of residential uses in the impact areas and places of assembly.
(5)
To balance the goals of the 2009 Joint Base Andrews Naval Air Facility Washington Joint Land Use Study with the property rights of landowners subject to this Ordinance.
(6)
To notify landowners and tenants of the impacts from proximity to Joint Base Andrews.

(CB-3-2012)

Effective on: 1/1/1901

Sec. 27-1803. Findings.**

(a)

The District Council finds and determines that:

(1)
Interim Land Use Controls are necessary to prevent the intensification of existing land uses while the MIOZ is being developed as proposed in the Joint Land Use Study (December 2009) and supported by recommendations in the Air Installation Compatibility Use Study (December 2007); The 2009 Prince George's County Subregion 5 Master Plan, and The 2009 Prince George's County Subregion 6 Master Plan;
(2)
Joint Base Andrews is a significant national, regional, and local facility that is a major employer in Prince George's County contributing to the local economy and benefitting from the Base Realignment and Closure (BRAC) Act and influx of 2,400 personnel from multiple facilities throughout the metropolitan area;
(3)
Joint Base Andrews is a significant airport with over 141,000 annual aircraft operations in 2006-2007 carried out by units from all branches of the military, the Department of Energy, and the Maryland State Police;
(4)
The Joint Land Use Study recommends a Military Installation Overlay Zone to facilitate compatible development within the noise, height, and safety zones adjacent to the base. These areas are shown to sustain high levels of noise, be located in areas of potential danger to safety in the event of an aircraft accident, or where excess height can constitute a hazard to aircraft operations at Joint Base Andrews (JBA). These impacted areas have been illustrated on maps and included in Joint Land Use Study (JLUS); and,
(5)
Development activity within the ILUC Area is intensifying as a result of affordable land values, zoning that permits uses that are incompatible with airport operations, the expansion of existing uses, and the availability of vacant land and buildings; and
(6)
It is a matter of compelling public interest to establish interim development requirements as set forth in this Ordinance; and
(7)
These provisions are the minimum necessary to protect the health, safety, and welfare of the public during the period established in this ordinance.

(CB-3-2012)

Effective on: 1/1/1901

Sec. 27-1804. Definitions.**

(a)

Words and terms in this Part are defined as follows:

(1)
Approach-Departure Clearance Surface - The imaginary surfaces which are symmetrically centered on the extended runway centerline, beginning as an inclined plane (glide angle) 200 feet beyond each end of the primary surface, and extending for 50,000 feet. The slope of the approach departure clearance surface is 50:1 until it reaches an elevation of 500 feet above the established airfield elevation. (Illustrated on Figure XX as B) It then continues horizontally at this elevation to a point 50,000 feet from the starting point. (Illustrated on Figure [Height] as C). The width of this surface at the runway end is 2,000 feet, flaring uniformly to a width of 16,000 feet at the end point.
(2)
Conical Surface - This is an inclined imaginary surface extending outward and upward from the outer periphery of the inner horizontal surface for a horizontal distance of 7,000 feet to a height of 500 feet above the established airfield elevation. The slope of the conical surface is 20:1. The conical surface connects the inner and outer horizontal surfaces. (Illustrated on Figure [Height] as E).
(3)
High Intensity Noise Areas - Areas impacted by noise levels exceeding 74 dBA Ldn as established by Figure [Noise].
(4)
ILUC Area - The land surrounding Joint Base Andrews and shown to be impacted by one or more of the noise, height, or safety boundaries shown on the Impact Maps attached.
(5)
Imaginary surfaces - Primary surface, approach-departure clearance surface, inner horizontal surface, outer horizontal surface, transitional surface, individually or collectively, as herein defined. According to CFR 77.25, an object that exceeds this imaginary surface is an Obstruction to Air Navigation.
(6)
Inner Horizontal Surface - An imaginary surface that is an oval plane at a height of 150 feet above the established airfield elevation. The inner boundary intersects with the approach-departure clearance surface and the transitional surface. The outer boundary is formed by scribing arcs with a radius 7,500 feet from the centerline of each runway end and interconnecting these arcs with tangents. (Illustrated on Figure [Height] as D)
(7)
Land Use Compatibility Guidelines - A list of land use categories attached as Appendix "A" which reflects the compatibility of each land use with the High Intensity Noise Areas. This list is derived from pages 4-12 through 4-17 of the Air Installation Compatible Use Zone Study for Andrews Air Force Base, prepared by the United States Air Force in December 2007.
(8)
Noise Contour - One of the series of boundaries illustrated in Figure XX showing the increases in the intensity of noise as measured in Decibels (DBA Ldn), These boundaries were established by modeling the propagation of noise from the runways at Joint Base Andrews and are recorded for review at Prince George's County Land Records.
(9)
Outer Horizontal Surface - This imaginary surface is located 500 feet above the established airfield elevation and extends outward from the outer periphery of the conical surface for a horizontal distance of 30,000 feet. (Illustrated on Figure [Height] as F)
(10)
Primary Surface - An imaginary surface symmetrically centered on the runway, extending 200 feet beyond each runway end that defines the limits of the obstruction clearance requirements in the vicinity of the landing area. The width of the primary surface is 2,000 feet, or 1,000 feet on each side of the runway centerline. (Illustrated on Figure [Height] as A)
(11)
Safety Zones - Accident Potential Zone I, Accident Potential Zone II, and the Clear Zone, individually or collectively, as defined herein and illustrated in Figure [APZ].
(12)
Transitional Surface - An imaginary surface that connects the primary surfaces, the clear zone surfaces, and the approach/departure clearance surfaces to the inner horizontal surface, conical surface, outer horizontal surface, or other transitional surfaces. The slope of the transitional surface is 7 to 1 outward and upward at right angles to the runway centerline. (Illustrated on Figure [Height] as G)

(CB-3-2012)

Effective on: 1/1/1901

Sec. 27-1805. Applicability.**

(a)
Affected Areas. This Part applies to all property regardless of underlying zone within the ILUC Area.
(b)
Impact Maps.
1. (1)
  Impact Maps referenced in this Part establish the geographic boundaries of the ILUC Area where the requirements of this Part are in force and affect. The Impact Maps are Figure [Noise], Figure [Height], and Figure [APZ North] and [APZ South]. The Clerk of the Council shall be the custodian of the official Impact Maps.
2. (2)
  If a requirement established by this Part specifies a portion of the ILUC Area (i.e. 75+ dBA LDN) the affected land is those properties at or within the specified boundary as established by the Impact Maps included in this Part.
3. (3)
  Where a property is affected by more than one Impact Map, the requirements of all applicable Impact Maps apply. If the requirements between Impact Maps conflict, the most stringent requirements apply.
4. (4)
  Where the boundary of an Impact Map divides a property, the requirements of this Part apply only to the land and structures within the boundaries of that impact map.
(c)
Development Applications and Permits. This Part applies to the review of all development applications permitted in this Subtitle, Building permits and Use and Occupancy permits issued within the ILUC Area for the duration of this Part.
(d)
Exemptions. This Part does not apply to:
1. (1)
  Permits for changes in ownership, name, or occupancy with no change of use.
2. (2)
  Permits for reconstruction of a damaged or destroyed building or structure so long as the reconstruction includes no increase in the number of pre-existing residential dwelling units and/or no increase in the square footage of pre-existing non-residential development in accordance with Section 27-241(c), Section 27-241 and Section 27-242(b)(6) of this Subtitle.
3. (3)
  Permits for the alteration, enlargement, or extension of existing single family dwellings.
4. (4)
  Permits for any grading or infrastructure improvements.
5. (5)
  Permits for any public facility or public utility.
6. (6)
  Permits for any property subject to a Development District Overlay Zone (DDOZ).
7. (7)
  Permits for properties where a Zoning Map Amendment Application, Preliminary Plan of Subdivision or Detailed Site Plan was approved prior to the adoption of these interim regulations and where, as part of the approval, the proposed development was evaluated for conformance with the Air Installation Compatibility Use Zone Study for Andrews Air Force Base, provided the proposed permit conforms to any conditions imposed by such prior approval.
8. (8)
  Permits to complete the development and construction of residential lots in accordance with prior approved preliminary plans, detailed site plans, special exceptions or final plats, where infrastructure has been partially installed and construction of some of the residential units has been completed. This exemption is also intended to include residential lots in contiguous recorded plats of subdivision, whether or not approved as part of the same preliminary subdivision plan, which are being developed as a single, unified project.
9. (9)
  Permits to complete the development and construction of an industrially zoned lot in accordance with prior approved preliminary plans of subdivision, detailed site plans, special exceptions or final plats where infrastructure for roads and stormwater management has been partially installed.
10. (10)
  Permits for development of surface parking may be permitted within a safety zone provided the surface parking abuts and serves a structure outside of all safety zones.
11. (11)
  Permits for properties where a Detailed Site Plan has been approved in accordance with Section 27-1810(b) of this Part. If permits would otherwise be denied under this Part, an applicant may submit a Detailed Site Plan under Section 27-1810(b). If such a Detailed Site Plan is approved, permits may be issued in conformance with that approval and all findings made by the Planning Board.

(CB-3-2012)

Effective on: 1/1/1901

Sec. 27-1806. Requirements in the Height Area.**

(a)

Imaginary Surfaces in the ILUC Area are established by Figure [height].

(b)

The issuance of permits authorizing any construction within the boundaries established in Figure [height] shall be subject to the following additional restrictions:

(1)
No permit shall be issued for construction in the boundaries shown in Figure [height] that exceeds the height of the Imaginary Surfaces
(2)
At the time of permit, a registered Engineer or qualified professional of competent expertise shall certify that structures do not exceed the Imaginary Surfaces shown in Figure [height].

(CB-3-2012)

Effective on: 1/1/1901

Sec. 27-1807. Requirements in the Noise Area.**

(a)

Noise Contours in the ILUC Area are established by Figure [noise].

(b)

The issuance of permits authorizing construction of new residential dwellings within the boundaries established in Figure [noise] shall be subject to the following additional restrictions:

(1)
At the time of construction permit, interiors of new residential construction must be certified to 45 dBA Ldn or less by an Acoustical Engineer or qualified professional of competent expertise.

(CB-3-2012)

Effective on: 1/1/1901

Sec. 27-1808. Requirements in the High Intensity Noise Area.**

(a)

High Intensity Noise Areas in the ILUC Area are established by Figure [Noise].

(b)

The issuance of permits authorizing any construction within the High Intensity Noise Areas shall be subject to the following additional restrictions:

(1)
No permit shall be issued for construction of a building or structure for a use which is listed in the Land Use Compatibility Guidelines as incompatible.
(2)
At the time of permit, if a compatible use requires noise level reduction within the interior of a building, such noise reduction must be certified by an Acoustical Engineer or qualified professional of competent expertise.
(3)
New use and occupancy permits for non-residential uses which do not require new construction can be issued provided that the proposed use is listed in the Land Use Compatibility Guidelines as a compatible use. The use and occupancy permit site plan shall contain a note specifying that the property is located in a High Intensity Noise Area. Noise level reduction shall not be required to be incorporated into existing buildings.

(CB-3-2012)

Effective on: 1/1/1901

Sec. 27-1809. Requirements in the Safety Zone.**

(a)

Safety Areas are established by Figure [APZ].

(b)

The issuance of permits authorizing any construction within the boundaries established in Figure [APZ] shall be subject to the following additional restrictions:

(1)
A permit shall not be issued for new construction on vacant land.
(2)
A permit shall not be issued for the construction of new residential units.
(3)
Permits shall not be issued for improvements that expand the Gross Floor Area of a non-residential structure.
(4)
Permits shall not be issued for a use that involves the storage or use of explosive, flammable, or toxic material in outdoor above ground storage tanks on non-residential properties.
(5)
In no case shall a permit be issued for the following uses except as exempt in Section 27-1805(d) of this Part:
1. (A)
  Adult day care center or facility;
2. (B)
  Adult Entertainment;
3. (C)
  Adult rehabilitation center;
4. (D)
  Assisted living facility;
5. (E)
  Auditorium;
6. (F)
  Boarding or Rooming House;
7. (G)
  Chancery;
8. (H)
  Church or similar place of worship, convent, or monastery;
9. (I)
  Community building;
10. (J)
  Congregate Living;
11. (K)
  Day care center for children;
12. (L)
  Eating and drinking establishment;
13. (M)
  Eleemosynary or philanthropic institution;
14. (N)
  Family day care;
15. (O)
  Health campus;
16. (P)
  Hospital;
17. (Q)
  Medical/residential campus;
18. (R)
  Modular classroom as a temporary use;
19. (S)
  Nursing or care home;
20. (T)
  Recreational Establishment of Commercial Nature;
21. (U)
  School, private;
22. (V)
  Small group child care;
23. (W)
  Theatre.

(c)

(CB-3-2012)

Effective on: 1/1/1901

Sec. 27-1810. Conditions on Development Applications.**

(a)

(b)

(1)
The property is not within the boundaries of the Clear Zone;
(2)
Proposed development shall not exceed the height of the Imaginary Surfaces;
(3)
Interior noise shall be attenuated to minimum safe levels for the proposed use;
(4)
Stormwater facilities and landscaping are designed to minimize the attraction of birds or other aircraft strike hazards;
(5)
No aboveground storage of flammable, explosive, or hazardous material is permitted; and.
(6)
Proposed structures are designed to minimize the number of people in the areas of highest accident potential or noise.

(c)

Plans submitted in accordance with this section shall include elements sufficient to make the findings required by the Planning Board.

(d)

(CB-3-2012)

Effective on: 1/1/1901

College Park City Zoning Code

PART 18

INTERIM LAND USE CONTROLS.**

Sec. 27-1801. Title.**

This ordinance shall be known and cited as the "Interim Land Use Controls."

(CB-3-2012)

Effective on: 1/1/1901

Sec. 27-1802. Purpose and Intent.**

(a)

(1)
To apply interim requirements for development to protect the process for the development of the Military Installation Overlay Zone (MIOZ) that will establish long term land use controls to facilitate compatible development in the ILUC area
(2)
To provide the County adequate time to develop effective and achievable standards for development in the ILUC Area.
(3)
To minimize the intensification and reuse of existing properties except as appropriate and discourage the development of new uses that increase the number of people at risk in the ILUC Area.
(4)
To protect the safety of residents, employees and the public at large by preventing increases in density of residential uses in the impact areas and places of assembly.
(5)
To balance the goals of the 2009 Joint Base Andrews Naval Air Facility Washington Joint Land Use Study with the property rights of landowners subject to this Ordinance.
(6)
To notify landowners and tenants of the impacts from proximity to Joint Base Andrews.

(CB-3-2012)

Effective on: 1/1/1901

Sec. 27-1803. Findings.**

(a)

The District Council finds and determines that:

(1)
Interim Land Use Controls are necessary to prevent the intensification of existing land uses while the MIOZ is being developed as proposed in the Joint Land Use Study (December 2009) and supported by recommendations in the Air Installation Compatibility Use Study (December 2007); The 2009 Prince George's County Subregion 5 Master Plan, and The 2009 Prince George's County Subregion 6 Master Plan;
(2)
Joint Base Andrews is a significant national, regional, and local facility that is a major employer in Prince George's County contributing to the local economy and benefitting from the Base Realignment and Closure (BRAC) Act and influx of 2,400 personnel from multiple facilities throughout the metropolitan area;
(3)
Joint Base Andrews is a significant airport with over 141,000 annual aircraft operations in 2006-2007 carried out by units from all branches of the military, the Department of Energy, and the Maryland State Police;
(4)
The Joint Land Use Study recommends a Military Installation Overlay Zone to facilitate compatible development within the noise, height, and safety zones adjacent to the base. These areas are shown to sustain high levels of noise, be located in areas of potential danger to safety in the event of an aircraft accident, or where excess height can constitute a hazard to aircraft operations at Joint Base Andrews (JBA). These impacted areas have been illustrated on maps and included in Joint Land Use Study (JLUS); and,
(5)
Development activity within the ILUC Area is intensifying as a result of affordable land values, zoning that permits uses that are incompatible with airport operations, the expansion of existing uses, and the availability of vacant land and buildings; and
(6)
It is a matter of compelling public interest to establish interim development requirements as set forth in this Ordinance; and
(7)
These provisions are the minimum necessary to protect the health, safety, and welfare of the public during the period established in this ordinance.

(CB-3-2012)

Effective on: 1/1/1901

Sec. 27-1804. Definitions.**

(a)

Words and terms in this Part are defined as follows:

(1)
Approach-Departure Clearance Surface - The imaginary surfaces which are symmetrically centered on the extended runway centerline, beginning as an inclined plane (glide angle) 200 feet beyond each end of the primary surface, and extending for 50,000 feet. The slope of the approach departure clearance surface is 50:1 until it reaches an elevation of 500 feet above the established airfield elevation. (Illustrated on Figure XX as B) It then continues horizontally at this elevation to a point 50,000 feet from the starting point. (Illustrated on Figure [Height] as C). The width of this surface at the runway end is 2,000 feet, flaring uniformly to a width of 16,000 feet at the end point.
(2)
Conical Surface - This is an inclined imaginary surface extending outward and upward from the outer periphery of the inner horizontal surface for a horizontal distance of 7,000 feet to a height of 500 feet above the established airfield elevation. The slope of the conical surface is 20:1. The conical surface connects the inner and outer horizontal surfaces. (Illustrated on Figure [Height] as E).
(3)
High Intensity Noise Areas - Areas impacted by noise levels exceeding 74 dBA Ldn as established by Figure [Noise].
(4)
ILUC Area - The land surrounding Joint Base Andrews and shown to be impacted by one or more of the noise, height, or safety boundaries shown on the Impact Maps attached.
(5)
Imaginary surfaces - Primary surface, approach-departure clearance surface, inner horizontal surface, outer horizontal surface, transitional surface, individually or collectively, as herein defined. According to CFR 77.25, an object that exceeds this imaginary surface is an Obstruction to Air Navigation.
(6)
Inner Horizontal Surface - An imaginary surface that is an oval plane at a height of 150 feet above the established airfield elevation. The inner boundary intersects with the approach-departure clearance surface and the transitional surface. The outer boundary is formed by scribing arcs with a radius 7,500 feet from the centerline of each runway end and interconnecting these arcs with tangents. (Illustrated on Figure [Height] as D)
(7)
Land Use Compatibility Guidelines - A list of land use categories attached as Appendix "A" which reflects the compatibility of each land use with the High Intensity Noise Areas. This list is derived from pages 4-12 through 4-17 of the Air Installation Compatible Use Zone Study for Andrews Air Force Base, prepared by the United States Air Force in December 2007.
(8)
Noise Contour - One of the series of boundaries illustrated in Figure XX showing the increases in the intensity of noise as measured in Decibels (DBA Ldn), These boundaries were established by modeling the propagation of noise from the runways at Joint Base Andrews and are recorded for review at Prince George's County Land Records.
(9)
Outer Horizontal Surface - This imaginary surface is located 500 feet above the established airfield elevation and extends outward from the outer periphery of the conical surface for a horizontal distance of 30,000 feet. (Illustrated on Figure [Height] as F)
(10)
Primary Surface - An imaginary surface symmetrically centered on the runway, extending 200 feet beyond each runway end that defines the limits of the obstruction clearance requirements in the vicinity of the landing area. The width of the primary surface is 2,000 feet, or 1,000 feet on each side of the runway centerline. (Illustrated on Figure [Height] as A)
(11)
Safety Zones - Accident Potential Zone I, Accident Potential Zone II, and the Clear Zone, individually or collectively, as defined herein and illustrated in Figure [APZ].
(12)
Transitional Surface - An imaginary surface that connects the primary surfaces, the clear zone surfaces, and the approach/departure clearance surfaces to the inner horizontal surface, conical surface, outer horizontal surface, or other transitional surfaces. The slope of the transitional surface is 7 to 1 outward and upward at right angles to the runway centerline. (Illustrated on Figure [Height] as G)

(CB-3-2012)

Effective on: 1/1/1901

Sec. 27-1805. Applicability.**

(a)
Affected Areas. This Part applies to all property regardless of underlying zone within the ILUC Area.
(b)
Impact Maps.
1. (1)
  Impact Maps referenced in this Part establish the geographic boundaries of the ILUC Area where the requirements of this Part are in force and affect. The Impact Maps are Figure [Noise], Figure [Height], and Figure [APZ North] and [APZ South]. The Clerk of the Council shall be the custodian of the official Impact Maps.
2. (2)
  If a requirement established by this Part specifies a portion of the ILUC Area (i.e. 75+ dBA LDN) the affected land is those properties at or within the specified boundary as established by the Impact Maps included in this Part.
3. (3)
  Where a property is affected by more than one Impact Map, the requirements of all applicable Impact Maps apply. If the requirements between Impact Maps conflict, the most stringent requirements apply.
4. (4)
  Where the boundary of an Impact Map divides a property, the requirements of this Part apply only to the land and structures within the boundaries of that impact map.
(c)
Development Applications and Permits. This Part applies to the review of all development applications permitted in this Subtitle, Building permits and Use and Occupancy permits issued within the ILUC Area for the duration of this Part.
(d)
Exemptions. This Part does not apply to:
1. (1)
  Permits for changes in ownership, name, or occupancy with no change of use.
2. (2)
  Permits for reconstruction of a damaged or destroyed building or structure so long as the reconstruction includes no increase in the number of pre-existing residential dwelling units and/or no increase in the square footage of pre-existing non-residential development in accordance with Section 27-241(c), Section 27-241 and Section 27-242(b)(6) of this Subtitle.
3. (3)
  Permits for the alteration, enlargement, or extension of existing single family dwellings.
4. (4)
  Permits for any grading or infrastructure improvements.
5. (5)
  Permits for any public facility or public utility.
6. (6)
  Permits for any property subject to a Development District Overlay Zone (DDOZ).
7. (7)
  Permits for properties where a Zoning Map Amendment Application, Preliminary Plan of Subdivision or Detailed Site Plan was approved prior to the adoption of these interim regulations and where, as part of the approval, the proposed development was evaluated for conformance with the Air Installation Compatibility Use Zone Study for Andrews Air Force Base, provided the proposed permit conforms to any conditions imposed by such prior approval.
8. (8)
  Permits to complete the development and construction of residential lots in accordance with prior approved preliminary plans, detailed site plans, special exceptions or final plats, where infrastructure has been partially installed and construction of some of the residential units has been completed. This exemption is also intended to include residential lots in contiguous recorded plats of subdivision, whether or not approved as part of the same preliminary subdivision plan, which are being developed as a single, unified project.
9. (9)
  Permits to complete the development and construction of an industrially zoned lot in accordance with prior approved preliminary plans of subdivision, detailed site plans, special exceptions or final plats where infrastructure for roads and stormwater management has been partially installed.
10. (10)
  Permits for development of surface parking may be permitted within a safety zone provided the surface parking abuts and serves a structure outside of all safety zones.
11. (11)
  Permits for properties where a Detailed Site Plan has been approved in accordance with Section 27-1810(b) of this Part. If permits would otherwise be denied under this Part, an applicant may submit a Detailed Site Plan under Section 27-1810(b). If such a Detailed Site Plan is approved, permits may be issued in conformance with that approval and all findings made by the Planning Board.

(CB-3-2012)

Effective on: 1/1/1901

Sec. 27-1806. Requirements in the Height Area.**

(a)

Imaginary Surfaces in the ILUC Area are established by Figure [height].

(b)

The issuance of permits authorizing any construction within the boundaries established in Figure [height] shall be subject to the following additional restrictions:

(1)
No permit shall be issued for construction in the boundaries shown in Figure [height] that exceeds the height of the Imaginary Surfaces
(2)
At the time of permit, a registered Engineer or qualified professional of competent expertise shall certify that structures do not exceed the Imaginary Surfaces shown in Figure [height].

(CB-3-2012)

Effective on: 1/1/1901

Sec. 27-1807. Requirements in the Noise Area.**

(a)

Noise Contours in the ILUC Area are established by Figure [noise].

(b)

The issuance of permits authorizing construction of new residential dwellings within the boundaries established in Figure [noise] shall be subject to the following additional restrictions:

(1)
At the time of construction permit, interiors of new residential construction must be certified to 45 dBA Ldn or less by an Acoustical Engineer or qualified professional of competent expertise.

(CB-3-2012)

Effective on: 1/1/1901

Sec. 27-1808. Requirements in the High Intensity Noise Area.**

(a)

High Intensity Noise Areas in the ILUC Area are established by Figure [Noise].

(b)

The issuance of permits authorizing any construction within the High Intensity Noise Areas shall be subject to the following additional restrictions:

(1)
No permit shall be issued for construction of a building or structure for a use which is listed in the Land Use Compatibility Guidelines as incompatible.
(2)
At the time of permit, if a compatible use requires noise level reduction within the interior of a building, such noise reduction must be certified by an Acoustical Engineer or qualified professional of competent expertise.
(3)
New use and occupancy permits for non-residential uses which do not require new construction can be issued provided that the proposed use is listed in the Land Use Compatibility Guidelines as a compatible use. The use and occupancy permit site plan shall contain a note specifying that the property is located in a High Intensity Noise Area. Noise level reduction shall not be required to be incorporated into existing buildings.

(CB-3-2012)

Effective on: 1/1/1901

Sec. 27-1809. Requirements in the Safety Zone.**

(a)

Safety Areas are established by Figure [APZ].

(b)

The issuance of permits authorizing any construction within the boundaries established in Figure [APZ] shall be subject to the following additional restrictions:

(1)
A permit shall not be issued for new construction on vacant land.
(2)
A permit shall not be issued for the construction of new residential units.
(3)
Permits shall not be issued for improvements that expand the Gross Floor Area of a non-residential structure.
(4)
Permits shall not be issued for a use that involves the storage or use of explosive, flammable, or toxic material in outdoor above ground storage tanks on non-residential properties.
(5)
In no case shall a permit be issued for the following uses except as exempt in Section 27-1805(d) of this Part:
1. (A)
  Adult day care center or facility;
2. (B)
  Adult Entertainment;
3. (C)
  Adult rehabilitation center;
4. (D)
  Assisted living facility;
5. (E)
  Auditorium;
6. (F)
  Boarding or Rooming House;
7. (G)
  Chancery;
8. (H)
  Church or similar place of worship, convent, or monastery;
9. (I)
  Community building;
10. (J)
  Congregate Living;
11. (K)
  Day care center for children;
12. (L)
  Eating and drinking establishment;
13. (M)
  Eleemosynary or philanthropic institution;
14. (N)
  Family day care;
15. (O)
  Health campus;
16. (P)
  Hospital;
17. (Q)
  Medical/residential campus;
18. (R)
  Modular classroom as a temporary use;
19. (S)
  Nursing or care home;
20. (T)
  Recreational Establishment of Commercial Nature;
21. (U)
  School, private;
22. (V)
  Small group child care;
23. (W)
  Theatre.

(c)

(CB-3-2012)

Effective on: 1/1/1901

Sec. 27-1810. Conditions on Development Applications.**

(a)

(b)

(1)
The property is not within the boundaries of the Clear Zone;
(2)
Proposed development shall not exceed the height of the Imaginary Surfaces;
(3)
Interior noise shall be attenuated to minimum safe levels for the proposed use;
(4)
Stormwater facilities and landscaping are designed to minimize the attraction of birds or other aircraft strike hazards;
(5)
No aboveground storage of flammable, explosive, or hazardous material is permitted; and.
(6)
Proposed structures are designed to minimize the number of people in the areas of highest accident potential or noise.

(c)

Plans submitted in accordance with this section shall include elements sufficient to make the findings required by the Planning Board.

(d)

(CB-3-2012)

Effective on: 1/1/1901