This Subtitle is known as the Zoning Ordinance of Prince George's County, Maryland, and may be known in this Subtitle as "this Ordinance."

Editor's Note: 

Pursuant to the Council's adoption of CR-136-2021, effective April 1, 2022, the provisions of this Zoning Ordinance took effect, subject to a two-year transitional period approved by the Council via enactment of CB-013-2018 and CB-098-2021.

(CR-136-2021)

The purposes of the Zoning Ordinance are to:

1. (a)
   Protect and promote the health, safety, morals, comfort, convenience, and welfare of the present and future inhabitants of the County;
2. (b)
   Implement the General Plan, Area Master Plans, Sector Plans, and Functional Master Plans;
3. (c)
   Promote the conservation, creation, and expansion of communities that will be developed with adequate public facilities and services;
4. (d)
   Guide the orderly growth and development of the County, while recognizing the needs of agriculture, housing, industry, and business;
5. (e)
   Support pedestrian-friendly, higher-intensity, mixed-use development in the appropriate locations, including support and emphasis upon a framework for multi-modal forms of mobility for pedestrians, bicyclists, transit users, and motorists;
6. (f)
   Support redevelopment and infill development within established areas of the County;
7. (g)
   Provide adequate light, air, and privacy;
8. (h)
   Encourage economic development activities that provide desirable employment and a broad, protected tax base;
9. (i)
   Ensure a high level of quality development in general, for the benefit of all citizens and residents, throughout the County;
10. (j)
    Promote the most beneficial relationship between the uses of land and buildings and protect landowners from adverse impacts of adjoining development;
11. (k)
    Protect the established character of residential communities and neighborhoods;
12. (l)
    Protect the County from fire, flood, panic, and other dangers;
13. (m)
    Provide sound, sanitary housing in a suitable and healthy living environment within the economic reach of all County residents;
14. (n)
    Prevent the overcrowding of land;
15. (o)
    Protect the rural character of the County in designated, appropriate locations;
16. (p)
    Ensure the provision of open space to protect scenic beauty and the natural features of the County, as well as provide adequate recreational space;
17. (q)
    Protect against undue noise, and air and water pollution, and to encourage the preservation of stream valleys, steep slopes, lands of natural beauty, dense forests, scenic vistas, and other similar features; and
18. (r)
    Protect and conserve the agricultural industry and natural resources.

If any provision of this Zoning Ordinance is decided by the courts to be unconstitutional or invalid, that decision does not affect the validity of this Ordinance other than the part decided to be unconstitutional or invalid.

1. (a)
   The District Council is authorized to adopt this Ordinance in accordance with:

   1. (1)
      Division II of the Land Use Article of the Maryland Code;
   2. (2)
      The statewide visions for growth, Division I of the Land Use Article of the Maryland Code, § 1-201;
   3. (3)
      All other provisions of Division I of the Land Use Article of the Maryland Code that apply to charter counties set out in § 1-401;
   4. (4)
      The Maryland Priority Funding Areas legislation, Maryland Code State Finance and Procurement, Division I, Title 5, Subtitle 7B;
   5. (5)
      The Maryland Rural Legacy Program, Maryland Code Natural Resources, Title 5, Subtitle 9A; and
   6. (6)
      All other relevant laws of the State of Maryland.

Whenever any provision of this Ordinance refers to or cites a section of the Maryland Code or any Federal statute, and that section is later amended, this Ordinance shall be deemed to refer to the amended section.

This Ordinance took effect on April 1, 2022, and repealed and replaced Subtitle 27. Zoning, Prince George's County Code, 2019 Edition and all amendments to Subtitle 27 approved on or before March 31, 2022. This Ordinance applies to the development of any land in the Maryland-Washington Regional District in Prince George's County, Maryland, unless expressly exempted by Section 27-1405 or by another specific Section, Subsection, or paragraph of this Ordinance.

(CB-015-2024)

Development shall not occur except in accordance with the requirements of this Ordinance and all other applicable County, State, and Federal ordinances, laws, statutes, and regulations.

Development undertaken without required development approvals or permits is a violation of this Ordinance.

With the exception of the Official Zoning Map, all photographs, maps, drawings, and other graphics in this Ordinance are for illustrative purposes only.

Except as expressly stated to the contrary, the provisions of this Ordinance do not apply to:

1. (a)
   Development of land owned and used by the County and development of land owned by municipalities within the County;
2. (b)
   Development of land owned and used by the Maryland-National Capital Park and Planning Commission (M-NCPPC), the Washington Metropolitan Area Transit Authority (WMATA), and the Washington Suburban Sanitary Commission (WSSC);
3. (c)
   Development of land owned and used by the State of Maryland, unless State law authorizes local regulation by this Ordinance;
4. (d)
   Development owned and used by the government of the United States, its agencies, departments, or corporate services, to the full extent required by law;
5. (e)
   Development of a public use by a government or public entity, when that development is subject to Mandatory Referral Review; and
6. (f)
   Any building used exclusively for residential purposes, containing not more than three dwelling units, and constructed prior to November 29, 1949, shall be permitted to continue to be used for residential purposes, and shall not be required to meet the dimensional and intensity standards set forth in the zone in which it is located. Any alteration, enlargement, or extension of such a building after November 29, 1949 shall conform to the setback, yard, and height regulations of the zone in which it is located at the time it is or was constructed.

All Federal, State, and local governments (including municipalities), and public and private utilities are required to submit proposed projects for a Mandatory Referral review and approval in accordance with §§ 20-301 through 20-305 of the Land Use Article. Such Mandatory Referral review shall follow the Planning Board's Adopted Uniform Standards for Mandatory Referral Review.

(CB-015-2024)

Unless stated otherwise, the standards and requirements of this Ordinance are minimum requirements.

For any development application, all or a portion of which is located in the Addison Road Metro Local Transit Center, that includes properties owned by the Redevelopment Authority of Prince George’s County or acquired from the Redevelopment Authority pursuant to a redevelopment agreement, the project may be developed pursuant to the uses and regulations of the LTO-C Zone.

(CB-045-2023) 

1. (a)
   Whenever any provision of this Ordinance imposes a greater requirement or a higher standard than is required in any State or Federal statute or other County ordinance or regulation, the provisions of this Ordinance control, unless preempted by State or Federal law.
2. (b)
   Whenever any provision of a State or Federal statute or other County ordinance or regulation imposes a greater requirement or a higher standard than required by this Ordinance, the State, Federal, or other County statute controls.
3. (c)
   When there is a conflict between an overlay zone and an underlying base zone, the provisions of the overlay zone apply, unless expressly stated to the contrary in this Ordinance. When there is a conflict between provisions of two or more applicable overlay zones, the more restrictive provisions apply, unless otherwise expressly stated in this Ordinance.
4. (d)
   When it is possible to implement, administer, or construe a particular provision of this Ordinance in more than one way, it shall be implemented, administered, or construed in a way that eliminates or minimizes conflicts with other provisions of this Ordinance in a way that is consistent with State and Federal case law.

If the provisions of this Ordinance are inconsistent or conflict with the laws or regulations of the State or Federal government, the more restrictive provision shall control, to the extent permitted by law. The more restrictive provision is the one that imposes greater restrictions or burdens, or more stringent controls.

1. (a)
   It is not the intent of this Ordinance or the County to interfere with or annul private easements, covenants, deed restrictions, or other agreements. Additionally, the County does not monitor or enforce private easements, covenants, and restrictions. However, it may inquire into private easements and restrictions in reviewing development applications in order to ensure compliance with this Ordinance and other County requirements.
2. (b)
   Private easements, covenants, and restrictions notwithstanding, all development, unless expressly exempted by this Ordinance, shall comply with the requirements of this Ordinance.

1. (a)
   Land subject to this Ordinance is divided into the various base, Planned Development, and overlay zones established in PART 27-4: Zones and Zone Regulations. The location and boundaries of the zones are shown on a set of maps, entitled "Zoning Map of the Maryland-Washington Regional District in Prince George's County, Maryland." This map is referred to as the "Official Zoning Map." The Official Zoning Map, including all its notations, is incorporated herein by reference and made part of this Ordinance. The Official Zoning Map shall be the final authority as to the status of zone classifications of land in the County. In case of any dispute regarding the zone classification of land, the original map adopted with the ordinance applying the original zone classification rezoning the land shall control.
2. (b)
   In accordance with prescriptions of State law applicable to the zoning classifications of land in that portion of the Maryland-Washington Regional District within Prince George’s County, the Clerk of the Council shall maintain and be the custodian of the Official Zoning Map of Prince George’s County. With respect to any electronic map or layer within the County’s Geographic Information System (“GIS”), however, it is the intent of this Subtitle to delegate such duty to the Maryland-National Capital Park and Planning Commission (“M-NCPPC”), for the purpose of maintaining an accurate, publicly available electronic version of the Official Zoning Map and to record the same onto permanent media in furtherance of protecting the digital integrity of the document. In the event that minor drafting or other clerical errors or omissions are identified within the GIS mapping system, then the Planning Director may correct such minor errors or omissions, provided that the Director issues a written statement of justification to the Clerk of the Council and District Council as to the subject correction prior to making said change. The Planning Director shall not make any substantive amendments or changes to the electronic maps without specific authority conferred by the District Council or pursuant to express authority set forth in this Subtitle.
3. (c)
   In determining the boundaries of any zone shown on the Zoning Map, the following rules shall apply:

   1. (1)
      Zone boundary lines follow the center lines of street, railroad, or alley rights-of-way, and lot lines (or line parallel or perpendicular to the lot lines), unless the boundary lines are fixed by dimensions on the Zoning Map.
   2. (2)
      Where zone boundaries are indicated as approximately following street, railroad, or alley lines (existing or proposed), the center lines of these street, railroad, or alley rights-of-way shall be considered the boundaries.
   3. (3)
      Where a street or alley right-of-way and a railroad right-of-way abut each other, the boundary line between the two (2) rights-of-way shall be considered the zone boundary. In those cases where a railroad right-of-way is abutted on both sides by a street, the center line of the railroad right-of-way shall be considered the zone boundary. Each right-of-way shall be considered to be in the zoning category of the property immediately abutting that right-of-way.
   4. (4)
      Where zone boundaries approximately follow lot lines and are not more than ten (10) feet from these lines, the lot lines shall be considered the boundaries.
   5. (5)
      Where property is unsubdivided, or where a zone boundary divides a lot, the location of the boundary, unless it is indicated by dimensions shown on the Map, shall be scaled to the nearest foot on the Zoning Map.
   6. (6)
      If any portion of a public street, alley, right-of-way, or easement shall ever be privately owned or not used for a public purpose, the center line of the street, alley, right-of-way, or easement shall be considered the zone boundary line when the zoning categories are not the same on both sides of the street, alley, right-of-way, or easement. The land, and any building, structure, or use, which is located within this street, alley, right-of-way, or easement, shall be subject to all of the regulations of this Subtitle which apply within the abutting zone.
   7. (7)
      If any portion of a public street, alley, right-of-way, or easement, or land shown as such on the Zoning Map, shall ever be privately owned or not used for a public purpose, the center line of the street, alley, right-of-way, or easement shall be considered the zone boundary line when the zoning categories are not the same on both sides of the street, alley, right-of-way, or easement. The land, and any buildings, structures, or uses which are located within this street, alley, right-of-way, or easement, shall be subject to all of the regulations of this Subtitle which apply within the abutting zone.
   8. (8)
      If a property has been specifically withheld from zoning in order to provide for the future construction, widening, realignment, or relocation of public streets or transit routes, the center line of the right-of-way shall be considered the zone boundary. The area withheld shall be considered as having been included in the Zoning Map Amendment.

(CB-015-2024) 

1. (a)
   Any lands annexed into the Regional District shall immediately be placed in the RR Zone until a zoning map amendment (ZMA) for the land is adopted by the District Council.
2. (b)
   Within six (6) months of the effective date of the annexation, the Planning Board shall conduct an evaluation of the annexed land, surrounding land uses, and zoning patterns and an analysis of conformance to the applicable Area Master Plan or Sector Plan, as appropriate, and shall recommend a zone classification for the annexed land to the District Council.
3. (c)
   The District Council shall take action on the Planning Board’s recommendation on a zone classification for the annexed land in accordance with the procedures set forth in §§ 20-601 through 20-607 of the Land Use Article of the Maryland Code.

(CB-015-2024) 

1. (a)
   Property conveyed in fee simple by the United States of America or the State of Maryland shall be subject to a zoning review by the District Council. The District Council may find that either the existing zoning is appropriate and no zoning change is necessary, or the existing zoning is inappropriate. If the District Council finds that the zoning is inappropriate, the District Council shall promptly schedule a review in accordance with Subsections (b) and (c) below.
2. (b)
   The review shall be conducted at a public hearing advertised in accordance with the notice requirements for a District Council hearing on a zoning map amendment as specified in Section 27-3407, Scheduling of Hearings and Public Notice. The Technical Staff shall prepare an impact study that sets forth the effects of the proposed development or redevelopment on the general neighborhood. In determining the proper zoning for the subject property, the District Council shall consider:

   1. (1)
      The relationship of the proposed development or redevelopment to the General Plan, applicable Area Master Plan or Sector Plan, Functional Area Master Plans, or other plan or policy document approved by the Council; and
   2. (2)
      The impact of any existing or proposed development or redevelopment on the area affected.
3. (c)
   Once the District Council has made a decision in its review of the property, that decision shall be final and may not be reviewed again under the procedures described in Subsections (a) and (b) above.
4. (d)
   This Section does not apply to property conveyed by the Maryland-National Capital Park and Planning Commission.

(CB-015-2024) 

1. (a)
   This section applies to property owned by the State for the University of Maryland as conveyed by the State to a private person. It does not apply to property rezoned within twenty-four (24) months of State conveyance to a private person as provided in Section 27-1603, Property Conveyed by the United States of America or by the State of Maryland; property conveyed from the University of Maryland (or the State of Maryland as title owner for the University of Maryland) which is zoned RSF-65, lies adjacent to an existing residential subdivision, and is restricted in the conveyance to thirty (30) or fewer lots; land conveyed from the University of Maryland (or the State of Maryland as title owner for the University of Maryland) between April 1, 2022 and April 1, 2026 consisting of land zoned NAC at the time of conveyance; or land conveyed from the University of Maryland (or the State of Maryland as title owner for the University of Maryland) consisting of land either RMF-48 and RSF-65 or RMF-48, RSF-65, or RMF-20 wholly or partly within one half mile of a Purple Line Light Rail Station at the time of conveyance (or within two (2) years prior to the conveyance).
2. (b)
   For property to be conveyed to a private purchaser by the State for the University of Maryland, the purchaser or State of Maryland may file a Zoning Map Amendment application (as described in Section 27-3601, Zoning Map Amendment (ZMA)) directly with the District Council, at any time before the recording of the deed of conveyance. If no application is filed, then the property shall be placed in the ROS Zone.
3. (c)
   Applications filed under this section shall be processed as follows:

   1. (1)
      Applicants shall comply with all Pre-Application Informational Mailing requirements in Section 27-3407, Scheduling of Hearings and Public Notice.
   2. (2)
      Before an application is filed with the District Council, the applicant shall submit to (and have accepted by) the Technical Staff all application materials, together with the filing fee, for a Zoning Map Amendment.
   3. (3)
      At least sixty (60) days prior to the date of the District Council public hearing notification shall be provided giving notice as required in Section 27-3407, Scheduling of Hearings and Public Notice, for District Council hearings to:

      1. (A)
         Any municipality lying, wholly or in part, within, or within one (1) mile of, the boundaries of the land subject to the application; and
      2. (B)
         Any governed special taxing districts lying, wholly or in part, within, or within one (1) mile of, the boundaries of the land subject to the application.
   4. (4)
      Within seventy (70) days of the date of filing, the Technical Staff shall file with the Clerk of the Council a report on the application, with findings and conclusions, recommending approval, approval with conditions, disapproval, or remand for further review to the Technical Staff or, if further evidence is required, to the Zoning Hearing Examiner.
   5. (5)
      The Technical Staff may recommend, and the District Council may approve an amendment under this Section only on the following findings:

      1. (A)
         The proposed amendment is found to be in general conformance with the applicable Area Master Plan or Sector Plan Map, or the General Plan Map, or with the principles and recommendations in the text of the applicable Area Master Plan or Sector Plan or the General Plan. In making this finding, staff and Council may consider the Area Master Plan or Sector Plan adopted for the University of Maryland.
      2. (B)
         Development proposed by the applicant or permitted in the proposed zoning classification is found not incompatible, as to land uses, visual or noise or environmental effects, or traffic to be generated, with adjoining properties or others in the neighborhood, as they are currently (at application time) zoned or used.
   6. (6)
      Within ninety (90) days of the date of filing, the District Council shall review the application in a public hearing, where exhibits (but not sworn testimony) may be introduced into the record. For hearings under this section only, but not for other Zoning Map Amendment applications, the applicant shall post the subject property at least thirty (30) days prior to the hearing before the District Council, giving notice as required in Section 27-3407, Scheduling of Hearing and Hearing and Public Notice, for Zoning Hearing Examiner.
   7. (7)
      The District Council may approve the rezoning, with or without conditions; may approve a less intense zone, with or without conditions; may deny the application; or may remand it to the Technical Staff or, if further evidence is required, to the Zoning Hearing Examiner.

      1. (A)
         A two-thirds majority vote of the full Council shall be required to approve any portion of the amendment that is contrary to the recommendation of a municipality concerning land within its boundaries, or the recommendation of a governed special taxing district concerning land within its district.

(CB-015-2024) 

Editor's Note:

Pursuant to the Council's adoption of CB-015-2024, effective September 3, 2024, Section 27-1605. Land Conveyed by the Prince George's County Housing Authority, the Revenue Authority of Prince George's County, or the Redevelopment Authority of Prince George's County was repealed.

(CB-015-2024)

Any land conveyed to the Maryland-National Capital Park and Planning Commission after July 1, 2002 and consisting of more than seventy five (75) acres shall be placed immediately in the Reserved Open Space (ROS) Zone until a Zoning Map Amendment for the land has been approved by the District Council.

Editor's Note:

Pursuant to the Council's adoption of CB-015-2024, effective September 3, 2024, Section 27-1607. Property conveyed by the State for the University of Maryland was repealed.

(CB-015-2024)

Notwithstanding the provisions set forth within this Part, the District Council finds that there is a need to apply certain procedures, regulations, zones, uses, and/or other aspects embodied within the prior Zoning Ordinance (being also Subtitle 27, Prince George’s County Code, 2019 Edition) for the purpose of allowing the owners of properties with development and/or development applications of any type approved and/or constructed under the prior Zoning Ordinance or Subdivision Regulations, including development applications approved pursuant to the provisions of Section 27-1900, Development Pursuant to Prior Ordinance, to proceed to utilize the prior Zoning Ordinance and Subdivision Regulations as “grandfathered” developments. In addition, until April 1, 2032, and in some cases until April 1, 2042 or later, the owners of properties subject to this Section 27-1700 shall be entitled to obtain approvals for uses permitted in the zones under which their properties were subject on March 31, 2022 (with some exceptions as specified below) and to make revisions or amendments as further provided herein.

(CB-015-2024)

Any violation of the prior Zoning Ordinance continues to be a violation under this Zoning Ordinance and is subject to PART 27-8: Enforcement, unless the development complies with the express terms of this Ordinance. This Section shall not relieve any person of liability for any fines or penalties owing or claimed to be owing under the prior Zoning Ordinance.

Notwithstanding any other provision set forth below, all development applications, including permit applications, pending prior to the effective date of this Ordinance are subject to Sections 27-1706 and 27-1905.

1. (a)
   Any development application, including a permit application or an application for zoning classification, that is filed and accepted before April 1, 2022, but still pending final action as of that date, shall be reviewed and decided in accordance with the Zoning Ordinance and Subdivision Regulations in existence at the time of the submission and acceptance of the application. An application for zoning classification decided after the effective date of this Ordinance must result in a zone set forth within this Ordinance. If the application expires prior to being approved, future development shall be subject to the requirements of this Ordinance unless it is refiled in accordance with Section 27-1903.
2. (b)
   If the development application is approved, the development approval or permit shall remain valid for the period of time specified in the Zoning Ordinance and Subdivision Regulations under which the application was reviewed and approved. Extensions of time available under the prior Zoning Ordinance and Subdivision Regulations remain available. If the approval is for a Conceptual Site Plan (CSP), special permit, Comprehensive Sketch Plan, or Comprehensive Design Plan (CDP), the approved CSP, special permit, Comprehensive Sketch Plan, or CDP shall remain valid for twenty (20) years from April 1, 2022 or the date of its approval, whichever is later, and any applications for subdivision or any zoning approval submitted under the CSP, special permit, Comprehensive Sketch Plan, or CDP during this time period shall be reviewed under the Zoning Ordinance and Subdivision Regulations under which the CSP, special permit, Comprehensive Sketch Plan, or CDP were approved.
3. (c)
   Until and unless the period of time under which the development approval or permit remains valid expires, the project may proceed to the next steps in the approval process (including any subdivision steps that may be necessary) and continue to be reviewed and decided under the prior Zoning Ordinance and prior Subdivision Regulations.
4. (d)
   Notwithstanding the requirements of PART 27-7: Nonconforming Buildings, Structures, Uses, Lots, and Signs, once constructed, pursuant to a development application or permit approved under the prior Zoning Ordinance or Subdivision Regulations, all buildings, uses, structures, or site features will be legal and conforming, are "grandfathered," and are subject to the provisions of Section 27-1707.
5. (e)
   An applicant may elect at any stage of the development review process to have the proposed development reviewed under this Ordinance. If the applicant desires to utilize an approval under the prior Zoning Ordinance, any new application under this Ordinance shall conform with all prior applicable conditions of approval. If no approval under the prior Zoning Ordinance is proposed to be utilized, any future applications shall only but subject to the requirements of this Zoning Ordinance.
6. (f)
   Notwithstanding Sections 27-1703(a) through (e), above, any pending Conceptual Site Plan (CSP) or Detailed Site Plan (DSP) application incorporating a request to change the boundary of an approved Transit District Overlay Zone (TDOZ) or Development District Overlay Zone (DDOZ) or change the underlying zones in a TDOZ or DDOZ must result in a zone set forth within this Ordinance. Any pending CSP or DSP application seeking only to change the list of allowed uses, building height restrictions, and/or parking standards may continue to be processed and is not subject to the tolling procedures specified in Part 19 of the prior Zoning Ordinance.
7. (g)
   Any ongoing Functional Master Plan, Area Master Plan, or Sector Plan, and any ongoing Sectional Map Amendment, initiated under the prior Zoning Ordinance may proceed to be prepared, adopted, and approved under the Zoning Ordinance regulations under which such plan(s) and Sectional Map Amendment(s) were initiated.

(CB-068-2022; CB-050-2023; CB-053-2023; CR-022-2024; CB-015-2024) 

Notwithstanding any other provision set forth below, all development applications, including permit applications, pending prior to the effective date of this Ordinance are subject to Section 27-1706.

1. (a)
   Except for a zoning map amendment (ZMA) of any type, development approvals or permits of any type approved under the prior Zoning Ordinance or prior Subdivision Regulations prior to April 1, 2022 remain valid for the period of time specified in the prior Zoning Ordinance or prior Subdivision Regulations. Extensions of time which were available in the prior Zoning Ordinance or prior Subdivision Regulations shall remain available. If the approval is for a CSP, special permit, Comprehensive Sketch Plan, or CDP, it shall remain valid for twenty years from April 1, 2022, or the date of its approval, whichever is later, except for a CSP as to a Waterfront Entertainment Complex use, or CSP-03006 (PGCPB 05-205) and amendments thereto, which shall remain valid indefinitely. Further, approvals for a CSP, special permit, Comprehensive Sketch Plan, or CDP, may not be amended to increase the land area subject to such approval. In addition, a Basic Plan approved prior to the effective date of this Ordinance is grandfathered and can be amended.
2. (b)
   Unless the period of time under which the development approval or permit remains valid expires, the project may proceed to the next steps in the approval process (including any subdivision steps that may be necessary) and continue to be reviewed and decided under the prior Zoning Ordinance and prior Subdivision Regulations. For purposes of this Subsection, a property which has obtained approval of a stormwater management concept plan and a grading permit in accordance with Subtitle 32 of this Code, for which no development approval pursuant to the prior Zoning Ordinance or prior Subdivision Regulations is required, may proceed to obtain a building permit under the Zoning Ordinance in effect at the time the Subtitle 32 approvals were obtained. The Planning Director shall report to the County Council, at intervals no less than quarterly, a report of all development activity within the County.

   1. (1)
      This Subsection shall not apply to a subdivision approval for the development of multifamily dwelling units on an area consisting of less than six (6) acres of land and adjacent on two sides to property with a future land use designation of Residential, Medium Density Land Uses within an applicable area master plan or sector plan approved prior to 2007, which shall not be entitled to proceed to the next steps in the approval process (including any zoning steps that may be necessary) under the prior Subdivision Regulations and Zoning Ordinance.
3. (c)
   If the development approval or permit expires or is revoked (i.e., for failure to comply with the terms and conditions of approval), any subsequent development of the land shall be subject to the procedures and standards of this Ordinance, unless it is refiled in accordance with Section 27-1903.
4. (d)

   Development approvals or permits of any type approved under the prior Zoning Ordinance or prior Subdivision Regulations or otherwise subject to this Section are “grandfathered” and all buildings, uses, structures, or site features are deemed legal and conforming, and subject to the provisions of Section 27-1707. Notwithstanding the provisions in this Section, if the development approval is for a CSP, special permit, Comprehensive Sketch Plan, or CDP, development approvals shall have access to and utilization of the prior Zoning Ordinance and prior Subdivision Regulations for all purposes until April 1, 2042 pursuant to Subsection (a) above (unless a longer or an indefinite validity is applicable pursuant to Subsection (a) above) or until the property is rezoned pursuant to a Zoning Map Amendment (Section 27-3601) or Planned Development Zoning Map Amendment (Section 27-3602), whichever occurs first. All other development approvals shall have access to and utilization of the prior Zoning Ordinance and prior Subdivision Regulations for all purposes until April 1, 2032 or until the property is rezoned pursuant to a Zoning Map Amendment (Section 27-3601) or Planned Development Zoning Map Amendment (Section 27-3602), whichever occurs first.

5. (e)
   Subsequent revisions or amendments to development approvals or permits “grandfathered” under the provisions of this Section as authorized herein shall be reviewed and decided under the prior Zoning Ordinance (until April 1, 2032 or April 1, 2042, unless a longer or an indefinite validity is applicable in accordance with Subsection (a), above), unless the applicant elects to have the proposed revision or amendment reviewed under Subsection (f), below. Notwithstanding the requirements of Sections 27-289 and 27-325 of the prior Zoning Ordinance (2019 Edition, 2021 Supp.), revisions or amendments to such “grandfathered” development approvals or permits may construct one or more electric vehicle charging stations subject to the review and approval of the DPIE Director. Following the expiration of the grandfather period, subsequent revisions or amendments to development approvals or permits shall be subject to the provisions of Section 27-1707.
6. (f)
   An applicant may elect at any stage of the development review process to have the proposed development, or any portion thereof, reviewed under this Ordinance.

   1. (1)

      If the applicant desires to utilize an approval under the prior Zoning Ordinance and/or the prior Subdivision Regulations applicable to a single lot or parcel, any new application under this Ordinance shall conform with all prior applicable conditions of approval. If no approval under the prior Zoning Ordinance and/or the prior Subdivision Regulations is proposed to be utilized, any future applications shall only be subject to the requirements of this Ordinance.

   2. (2)
      If the applicant desires to utilize an approval under the prior Zoning Ordinance and/or the prior Subdivision Regulations applicable to lot(s) or parcel(s) in a project or development with multiple lots or parcels, any buildings, structures, uses, or site features approved or constructed pursuant to the prior approval shall be “grandfathered” and deemed legal and conforming, and all conditions of the prior approval(s) shall continue to be applicable to the proposed new development. 
7. (g)
   Property in the LCD Zone may proceed to develop in accordance with the standards and procedures of the Zoning Ordinance in existence prior to the effective date of this Ordinance, subject to the terms and conditions of the development approvals which it has received.
8. (h)
   Property in the LMXC Zone may proceed to develop in accordance with the standards and procedures of the Zoning Ordinance in existence prior to the effective date of this Ordinance, subject to the terms and conditions of the development approvals which it has received.
9. (i)
   Property in the LMUTC Zone may proceed to develop in accordance with the guidelines and standards of the specific Mixed-Use Town Center Development Plan in which the property is located. Except as modified by Section 27-4205(e) of this Ordinance, the procedures of the Zoning Ordinance in existence prior to the effective date of this Ordinance, including procedures relating to variance approvals and secondary amendments, shall also apply to property in the LMUTC Zone as appropriate.
10. (j)
    If a building permit authorized by an approved special exception was issued prior to October 16, 1975, existing development may continue and new development may proceed in accordance with that special exception approval, regardless of whether there is an approved application in the record. A graphic illustration of the actual development pursuant to the approval is considered the application.
11. (k)
    Property which was in the M-X-T Zone may proceed to develop in accordance with the standards and procedures of the prior Zoning Ordinance and this Section, subject to the terms and conditions of the development approvals it has received.
12. (l)
    Notwithstanding the provisions specified within this Section, no tobacco shop, electronic cigarette shop, or retail tobacco business that sells tobacco or electronic cigarette products for offsite use may be approved if it is located within a five-mile radius of another tobacco shop, electronic cigarette shop, or retail tobacco business that also sells tobacco or electronic cigarette products for offsite use.
13. (m)

    Any assemblage of properties abutting the inside of the Capital Beltway (I-95/I-495) that were rezoned from the M-X-T Zone to the IE (Industrial, Employment) Zone pursuant to the Countywide Sectional Map Amendment (CMA) may elect to develop under the provisions of this Ordinance for development in the CGO (Commercial, General and Office) Zone.

14. (n)
    Notwithstanding any other provision in this Ordinance to the contrary, the following shall apply to large projects as hereinafter defined:

    1. (1)
       Projects zoned M-X-T (Mixed Use – Transportation Oriented) under the prior Zoning Ordinance which were developed and constructed with at least 500,000 gross square feet of commercial floor area improvements on or before March 31, 2022 (and which have entitlements authorizing additional commercial and/or residential uses); or
    2. (2)
       Projects zoned M-X-T (Mixed Use – Transportation Oriented) under the prior Zoning Ordinance with an approved Conceptual Site Plan (s), Preliminary Plan(s) of Subdivision, Detailed Site Plan(s), and/or Final Record Plat(s), and which consist of more than four hundred (400) residentially-zoned lots or dwelling units or more than one hundred and fifty (150) gross acres of land designated for nonresidential uses, or both, which was/were valid on or before March 31, 2022.

    ​Such projects may, during the entire validity period of the project’s Conceptual Site Plan(s), continue to complete the development and/or make revisions or amendments thereto, which may include site modifications, expansions, building reconstruction (but not to include reconstruction of the entire project) and changes in occupancy or ownership. During the period while the Conceptual Site Plan(s) remains valid, the project shall also have access to the use table of the M-X-T (Mixed Use – Transportation Oriented) Zone of the prior Zoning Ordinance for any purpose including use and occupancy permits for new tenants of any type. Revisions or amendments may include revisions or amendments to the approved Conceptual Site Plan(s), Preliminary Plan(s) of Subdivision, and/or Detailed Site Plan(s).

    Upon expiration of the Conceptual Site Plan(s), all buildings, structures, and site elements either constructed or approved for construction pursuant to approved Detailed Site Plan(s) shall remain legal and conforming and shall not be subject to the provisions of PART 27-7: Nonconforming Buildings, Structures, Uses, Lots, and Signs, of the current Zoning Ordinance. The approved Detailed Site Plan(s) shall constitute the approved development plans for that portion of the project, and the buildings, structures, and site elements shall not be required to conform to the development regulations of the current Zoning Ordinance and/or the current Subdivision Regulations. Only the land areas within a project as defined under Subsections (1) and (2) above, and which are proposed for future development, shall be required to conform to the provisions of the current Zoning Ordinance and/or the current Subdivision Regulations. 

(CB-068-2022; CB-103-2022; CB-021-2023; CB-050-2023; CB-053-2023; CB-068-2023; CB-015-2024) 

1. (a)
   Findings

   1. (1)
      In furtherance of local recovery efforts resulting from the COVID-19 health crisis, the District Council finds critical need to create and implement an expedited administrative process to authorize certain uses in the Eating or Drinking Establishment Uses Principal Use Category to offer newly created or expanded outdoor seating on adjacent exterior space or shared exterior space in Prince George’s County.
   2. (2)
      The District Council anticipates that a significant number of otherwise existing lawful eating and drinking uses located in the County will apply for immediate authorization to provide outdoor seating or expand outdoor seating areas for customers despite the fact that said outdoor seating may not have been included on their applicable detailed site plan, special exception site plan, or similar site plan such as, but not limited to, specific design plans and permit site plans.
   3. (3)
      This Zoning Ordinance and the prior Zoning Ordinance, as may be applicable, require eating and drinking establishment uses to specify any outdoor seating areas on its approved detailed site plan, special exception site plan, or similar site plan, to comply with all other provisions in the local zoning laws prior to issuance of a use and occupancy permit to commence operations of the use, and to operate the establishment in compliance with the provisions of the approved detailed site plan, special exception site plan, or similar site plan and use and occupancy permit at all times.
2. (b)
   Regulations

   1. (1)
      Until April 1, 2024, all provisions of this Subtitle and of the prior Zoning Ordinance (for such projects subject to the transitional provisions of Section 27-1700 or which are using the provisions of Section 27-1900), including but not limited to the provisions concerning site plan conformance, minimum setbacks, and minimum parking, shall be suspended and not subject to violation or enforcement action to allow for Prince George’s County to authorize outdoor dining to otherwise existing lawful uses in the Eating and Drinking Establishment Uses Principal Use Category on adjacent exterior space or shared exterior space in Prince George’s County, after compliance with all regulations stated in this Subsection and so long as the establishment remains in compliance with the regulations stated herein.
   2. (2)
      The DPIE Director shall establish and administer an expedited administrative process to authorize otherwise existing lawful uses in the Eating and Drinking Establishment Uses Principal Use Category on adjacent exterior space or shared exterior space in Prince George’s County, after compliance with all regulations stated in this Subsection and so long as the establishment remains in compliance with the regulations stated herein.
3. (c)
   Enforcement

   1. (1)
      Any lawful use in the Eating and Drinking Establishment Uses Principal Use Category that is authorized to offer newly created or expanded outdoor dining must comply with all State and County laws and regulations with the exception of the laws of this Subtitle suspended herein.
   2. (2)
      Notwithstanding any provision of this Subtitle or Subtitle 28, Civil Monetary Fines or Penalties, of the County Code, Prince George’s County may rescind forthwith any approval granted to an otherwise existing lawful use in the Eating and Drinking Establishment Uses Principal Use Category to offer any newly created or expanded outdoor seating for failure to comply with any State or County laws or regulations and any requirement stated herein.
   3. (3)
      The enforcement of the requirements herein and all other State and County laws and regulations for uses in the Eating and Drinking Establishment Uses Principal Use Category shall be performed as required by State or County laws and regulations, with the assistance of Prince George’s County law enforcement as needed.

(CB-068-2022) 

Notwithstanding any other provision of this Ordinance, unless a development has vested rights under Maryland law, the following laws shall not apply to any development application, including a permit application, filed under 27-1703, 27-1704, 27-1903 or 27-1904. Any uses previously approved below are strictly prohibited and ineligible for processing using the prior Zoning Ordinance:

1. (a)
   CB-008-2021 (Chapter 7, 2021 Laws of Prince George’s County, Maryland) AN ORDINANCE CONCERNING C-O ZONE for the purpose of amending the Commercial Table of Uses Permitted to permit Townhouse uses in the C-O (Commercial Office) Zone, under certain circumstances.
2. (b)
   CB-050-2021 (Chapter 39, 2021 Laws of Prince George’s County, Maryland) AN ORDINANCE CONCERNING R-E ZONE for the purpose of amending the residential table of uses to permit development of a mix of residential and commercial/retail uses in the R-E (Residential Estate) Zone of Prince George’s County, under certain circumstances.
3. (c)
   CB-17-2019 (Chapter 27, 2019 Laws of Prince George’s County, Maryland) AN ORDINANCE CONCERNING R-A ZONE for the purpose of permitting Townhouse and One-Family detached dwelling uses in the R-A (Residential Agricultural) Zones of Prince George’s County, under certain circumstances.
4. (d)
   CB-088-2018 (Chapter 54, 2018 Laws of Prince George’s County, Maryland) AN ORDINANCE CONCERNING CLASS 3 FILL RECLAMATION for the purpose of permitting limited Class 3 fill uses as a method of reclaiming former surface mining properties for public use in the R-A (Residential Agricultural) Zones of Prince George’s County, under certain circumstances.
5. (e)
   CB-089-2018 (Chapter 55, 2018 Laws of Prince George’s County, Maryland) AN ORDINANCE CONCERNING CLASS 3 FILL RECLAMATION for the purpose of permitting, without the requirement for a special exception, limited Class 3 fill uses as a method of reclaiming former sand and gravel mining properties for public use in the R-A (Residential-Agricultural) Zone, under certain circumstances.

(CB-069-2022; CR-003-2023; CB-013-2023; CB-050-2023; CB-053-2023) 

Notwithstanding any other provision of this Ordinance to the contrary, at the time that any development ceases to be protected by all grandfathering provisions contained herein:

1. (a)
   A legal nonconforming building, structure, site feature, or use in existence under the prior Zoning Ordinance on March 31, 2022, which is not in conformance with the requirements of the zone in which it is located under this Ordinance on April 1, 2022, remains a legal nonconforming building, structure, site feature, or use, and shall be subject to the requirements of this Section.
2. (b)
   A legal conforming building, structure, site feature, or use in existence under the prior Zoning Ordinance on March 31, 2022, which is not in conformance with the requirements of the zone in which it is located under this Ordinance on April 1, 2022, or a building or structure constructed pursuant to development applications approved under Sections 27-1703, 27-1704, or 27-1900 of this Ordinance which is not in conformance with the requirements of the zone in which it is located at the time the building or structure is entitled to issuance of a use and occupancy permit, shall be a legal conforming building, structure, site feature, or use under this Ordinance until and unless the District Council approves a new zone for the property after the expiration of any grandfathering provisions provided in Sections 27-1704(a) and (d) (as applicable) that would create a new nonconforming use.

   1. (1)
      Such legal conforming buildings, structures, and site features:

      1. (A)
         May be repaired or maintained;
      2. (B)
         May be altered, extended, or enlarged by the greater of ten percent (10%) of the gross square footage or 30,000 gross square feet without approval of a detailed site plan, provided the alteration, extension, or enlargement conforms to the building line setback or build-to line, yard, and height regulations of the zone in which the building, structure, or use was located prior to April 1, 2022; and
      3. (C)
         ​​May be restored or reconstructed if unintentionally destroyed by fire or other calamity if a building permit for such restoration or reconstruction is issued within two (2) calendar years from the date of destruction, and construction pursuant to the permit has begun within six (6) calendar months after the date of issuance (or lawful extension of the permit and proceeds to completion in a timely manner.
   2. (2)
      Such legal conforming uses:

      1. (A)
         May not be discontinued for a period exceeding three (3) years unless either:

         1. (i)
            The building or structure in which the use is being conducted is being restored or reconstructed pursuant to Section 27-7103(c)(1)(C);
         2. (ii)
            The Planning Board determines upon written request that the conditions of nonoperation were beyond the control of the person who was in control of the property during the period of nonoperation; or
         3. (iii)
            The discontinuation is for the sole purpose of correcting Code violations.
      2. (B)
         Shall remain subject to all conditions applicable to such use under the prior Zoning Ordinance including any conditions of approval associated with an approved Special Exception.
3. (c)
   Any alteration, extension, or enlargement which exceeds ten percent (10%) of the gross square footage or 30,000 square feet, whichever is greater, shall require approval of a detailed site plan. The detailed site plan shall include regulations pertaining to the height of structures, lot size and coverage, frontage, setbacks, density, and any other requirements related to the property or project applicable to the development. In no event may an alteration, extension, or enlargement:

   1. (1)
      Increase the gross floor area of an existing development by more than one hundred percent (100%); or
   2. (2)
      Allow the demolition and reconstruction of more than fifty percent (50%) of an existing development.

Upon approval of the detailed site plan, the regulations shown on the approved site plan shall constitute the regulations of the property or project and shall guide any future modifications or revisions. The detailed site plan shall be approved in accordance with Section 27-3605(e)(8).

(CB-077-2022; CR-003-2023; CB-014-2023; CB-015-2024) 

The provisions of this Section shall be abrogated, and of no further force and effect after three (3) years after the effective date of this Ordinance, absent further extension by legislative act of the District Council, subject to Section 27-1905 of this Subtitle.

(CB-050-2023; CB-053-2023; CR-022-2024; CB-015-2024)

1. (a)
   Notwithstanding the provisions set forth within this Part, the District Council finds that there is a need to retain certain procedures, regulations, zones, uses, and/or other aspects embodied within the prior Zoning Ordinance (being also Subtitle 27, Prince George’s County Code, 2019 Edition) for purposes of sustaining and/or minimizing wholesale abandonment, for proposals for the development of land in Prince George’s County.
2. (b)
   In approving CB-013-2018, it is the intent of the District Council to prospectively implement the provisions of this Subtitle in furtherance of the orderly growth and development of land, as well as the protection of the public health, safety, morals, and general welfare of citizens and residents, in Prince George’s County. However, based on significant public testimony received during consideration of this Ordinance, the Council recognizes that such immediate, wholesale implementation of this Subtitle may not be feasible or appropriate in all circumstances. Accordingly, the purpose of this Section is to provide, for a limited time period and subject to Section 27-1905 of this Subtitle, a process to apply the requirements of the prior Zoning Ordinance (Subtitle 27, Prince George’s County Code, 2019 Ed.).

(CB-050-2023; CB-053-2023) 

1. (a)
   Development applications for property within the LCD, LMXC, and LMUTC zones are ineligible for application of the prior Zoning Ordinance under this Section 27-1900. All development proposed in the zones set forth in this Section shall develop in accordance with the requirements of this Ordinance, unless subject to the Transitional Provisions set forth in Section 27-1700, Transitional Provisions, of this Subtitle.
2. (b)
   Except as otherwise provided in this Section, development applications of any type for properties in all other zones of the County may utilize the prior Zoning Ordinance for development of the subject property.
3. (c)
   Notwithstanding procedures specified in Sections 27-548.09.01 and 27-548.26 of the prior Zoning Ordinance, development applications within a Transit District Overlay Zone (TDOZ) or Development District Overlay Zone (DDOZ) may not include requests to change the boundary of the approved TDOZ or DDOZ or change the underlying zones.
4. (d)
   Except as otherwise provided in Subsection (e), no development application for construction of a building or structure intended to serve as a gas station principal use shall be accepted.
5. (e)
   For applications electing to utilize the prior Ordinance for development of a gas station principal use:

   1. (1)
      Existing gas station principal uses may elect to utilize the prior Ordinance for any modification, alteration, or expansion, including the complete demolition and reconstruction on site, until April 1, 2024. 
   2. (2)
      For new gas station principal uses to be located on a site where a prior gas station did not exist on April 1, 2022, if the application is filed and accepted within 1 year from the effective date of this Ordinance, the development project shall be reviewed in accordance with the prior Zoning Ordinance and Subdivision Regulations.
6. (f)
   Once approved, development applications, not subject to Section 27-1905 of this Subtitle, that utilize the prior Zoning Ordinance shall be considered “grandfathered” and subject to the provisions set forth in Section 27-1704 of this Subtitle.
7. (g)
   The provisions of this Section shall not be applicable to a project receiving subdivision approval for the development of multifamily dwelling units on an area consisting of less than six (6) acres of land and adjacent on three sides to property with a future land use designation of Residential, Medium Density Land Uses within an applicable area master plan or sector plan approved prior to 2007.

(CB-068-2022; CR-004-2023; CR-005-2023; CB-012-2023; CB-017-2023; CB-005-2023; CB-050-2023; CB-053-2023; CB-068-2023; CB-015-2024) 

In order to proceed with development under the prior Zoning Ordinance, the following procedures shall apply:

1. (a)
   If the development proposal will require an evidentiary hearing before the Planning Board, the applicant shall schedule and participate in a pre-application conference.
2. (b)
   The applicant shall provide a statement of justification which shall explain why the Applicant has elected not to develop a specific property pursuant to the provisions of this Zoning Ordinance.
3. (c)
   The Planning Director shall submit quarterly reports to the District Council as to the development applications proceeding under the prior Ordinance.

 (CB-068-2022)

Notwithstanding any other provision of this Ordinance, unless a development has vested rights under Maryland law, then any development application, including a permit application, filed under 27-1703, 27-1704, 27-1903, or 27-1904 shall be strictly prohibited and ineligible for processing using the prior Zoning Ordinance as stated in Section 27-1706 of this Subtitle.

(CB-050-2023; CB-053-2023; CB-015-2024) 

1. (a)
   The following uses are prohibited in all zones:

   1. (1)
      The display or sale of drug paraphernalia.

      1. (A)
         "Drug Paraphernalia" means all equipment, products, and materials of any kind which, in violation of Title 5, Criminal Law Article, Annotated Code of Maryland, are used in:

         1. (i)
            planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or concealing a controlled dangerous substance; or
         2. (ii)
            injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled dangerous substance.
      2. (B)
         In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors, the factors in Title 5, Criminal Law Article, Annotated Code of Maryland.
      3. (C)
         The definitions contained in § 5-101, Title 5, Controlled Dangerous Substances, Prescriptions, and Other Substances in the Criminal Law Article, Annotated Code of Maryland, are a part of this Section to the same extent as if they were fully described in the Section.
   2. (2)
      Hydraulic fracturing uses, including the storage, treatment, transfer, production materials, support activities, and the disposal of flow back, wastewater, or drill cuttings generated by hydraulic fracturing activities in the County, for purposes of preventing detrimental economic, environmental, and health effects of the use for the protection of the public safety, health, and welfare of the citizens and residents of the County.
   3. (3)
      The business of buying of the following items within a guest room of a hotel, motel, tourist home, or tourist camp, or from any vehicle parked on any lot, or permitting the business by the owner or managing agent of the property;

      1. (A)
         Gold, silver, or platinum, in pure or alloyed form, including coins, silverware, and silver-plated items;
      2. (B)
         Jewelry, precious and semiprecious stones, and pearls;
      3. (C)
         Philatelic material;
      4. (D)
         Binoculars, watches, and cameras;
      5. (E)
         Television sets, radio and stereo equipment, and musical instruments; and
      6. (F)
         Office machines.
   4. (4)
      Prisons, detention centers, and corrections facilities, unless owned or operated by Prince George's County.
   5. (5)
      "Fly ash landfill," which means any landfill, fill, or other site that includes the disposal, deposit, or storage of fly ash. "Fly ash" in this Subtitle means any residue, refuse, or waste, including any bottom ash, fly ash, coal ash, or any other coal combustion byproducts (CCB), derived in the burning of coal. A fly ash landfill shall not be included in any sanitary landfill, rubble fill, or any other use allowed in any zone in Prince George's County.

Editor's note— Section 2 of CB-83-2020 (DR-2) provides that the Department of Permitting, Inspections, and Enforcement and any other authorized County agency is directed to ensure on an ongoing basis that any existing fly ash landfill is in full compliance with any applicable zoning approvals and any applicable federal, state, and local laws.

(CB-013-2024; CB-015-2024)

1. (a)
   No parking space, parking area, or parking surface other than a driveway no wider than its associate garage, carport, or other parking structure may be built in the front yard of a dwelling, except a “dwelling, townhouse” or “dwelling, multifamily”, in the area between the front street line and the sides of the dwelling.
2. (b)
   Structures built before January 1, 2004, not in compliance with Subsection (a), above, shall not be deemed nonconforming.

(CB-068-2022) 

1. (a)
   Decks, porches (screened or unscreened), stoops, or exterior stairways may extend up to five feet into any required yard, except those decks and porches on a dwelling, townhouse; dwelling, two-family; or dwelling, three-family may extend to a rear lot line that abuts permanent open space or to within three (3) feet of a rear lot line that abuts another Rural and Agricultural or Residential lot. Any stairs leading to the deck or porch shall be located at least three (3) feet from the rear lot line.
2. (b)
   Open balconies and fire escapes on a dwelling, multifamily may extend up to five feet into any required minimum yard.

(CB-068-2022)