The County Council of Prince George’s County is the District Council for that portion of the Maryland-Washington Regional District located in Prince George’s County. They shall be called in this Ordinance "District Council."

To exercise its authority in accordance with State law, the District Council shall have the following powers and duties under this Ordinance:

1. (1)
   The District Council makes the final decision on the following:

   1. (A)
      Comprehensive plans and amendments (Section 27-3502);
   2. (B)
      Legislative amendments (Section 27-3501);
   3. (C)
      Sectional map amendments (Section 27-3503);
   4. (D)
      Zoning map amendments (ZMA) (Section 27-3601);
   5. (E)
      Planned Development (PD) zoning map amendments (Section 27-3602);
   6. (F)
      Chesapeake Bay Critical Area Overlay (CBCAO) zoning map amendments (Section 27-3603);
   7. (G)
      Validations of permits issued in error (Section 27-3615); and
   8. (H)
      Variances, alternative compliance, and major departures, when associated with another application identified in this Subsection (parent application) that the District Council decides.
2. (2)
   To hear and decide appeals, elect to review, and decide the following:

   1. (A)
      Special exceptions and revocations (Section 27-3604);
   2. (B)
      Detailed site plans (Section 27-3605(d));
   3. (C)
      Certification of nonconforming use and revocations (Section 27-3618);
   4. (D)
      Variances, alternative compliance, and major departures, when associated with another application identified in this Subsection (parent application) that another body decides; and
   5. (E)
      Expedited Transit-Oriented Development Site Plan Applications (Section 27-3619).
3. (3)
   Establishes or delegates responsibility to establish a schedule of fees and a collection procedure for applications for development approvals and permits reviewed under this Ordinance. The schedule of fees may be altered only by the District Council. (See Section 27-8301, Fee Regulations).
4. (4)
   To evaluate, in accordance with State law, at least every 6 years whether approved Area Master Plans or Sector Plans should be amended, and to provide the reasons for the decision in writing. If any part of a planning area is scheduled more than once in a five-year-period, the specific reasons shall be provided in a resolution.
5. (5)
   To establish timetables for consideration of comprehensive plans for all of the Regional District in the County.

1. (1)
   Whenever the District Council is required to take action on or has the option to review a matter within a time limit specified in this Subtitle, the calculation of the time limit shall be postponed during the period that the Council is prohibited from taking action pursuant to the provisions of the Land Use Article of the Annotated Code of Maryland, and the months of August and December when the Council is in recess; or in the event the Council fails or is unable to meet due to the cancellation of a scheduled Council session due to a weather emergency, or other declared state of emergency, in which event the time shall be extended to the next regularly scheduled date on which the District Council meets.
2. (2)
   This Section only applies to the District Council. It does not affect the Zoning Hearing Examiner, Planning Board, or any other person or agency, except to the extent that Council action is postponed.

Upon notification, the District Council may hold the entire hearing or a portion of the hearing virtually and provide for virtual public participation. Notice and procedures for the hearing shall be in accordance with the District Council Rules of Procedure.

To exercise its authority in accordance with State law, the Planning Board shall have the following powers and duties under this Ordinance or as delegated by the District Council:

1. (1)
   To review and make recommendations to the District Council on the following:

   1. (A)
      Comprehensive plans and amendments (Section 27-3502);
   2. (B)
      Sectional map amendments (Section 27-3503);
   3. (C)
      Zoning map amendments (ZMA) (Section 27-3601);
   4. (D)
      Planned Development (PD) zoning map amendments (Section 27-3602); and
   5. (E)
      Chesapeake Bay Critical Area Overlay (CBCAO) zoning map amendments (Section 27-3603).
2. (2)
   To review and comment on legislative amendments (Section 27-3501).
3. (3)
   To review and decide applications for the following:

   1. (A)
      Detailed site plans (Section 27-3605(d));
   2. (B)
      Major departures (Section 27-3614(e));
   3. (C)
      Variances, when associated with another application identified in this Subsection (parent application) that the Planning Board decides;
   4. (D)
      Alternative compliance to landscaping associated with a site plan (see Landscape Manual); and
   5. (E)
      Expedited transit-oriented development site plan applications (Section 27-3619).
4. (4)
   To hear and decide appeals from the following:

   1. (A)
      Minor departures (Section 27-3614(c));
   2. (B)
      Alternative compliance decisions made by the Planning Director (see Landscape Manual); and
   3. (C)
      Recommendations made by an LMUTC Design Review Committee.
5. (5)
   To administer oaths to witnesses at evidentiary hearings.
6. (6)
   To confirm nominations for membership on LMUTC Design Review Committees.

The BOA shall have the following powers and duties under this Ordinance:

1. (1)
   To review and decide variances (Section 27-3613), except variances associated with other entitlement applications, and variances for lot area, setback, and similar requirements that are delegated to a municipality;
2. (2)
   To hear and decide appeals where it is alleged that, in the administration of this Subtitle, there is error in the refusal of a building or use and occupancy permit, or in any other decision of the DPIE Director, the Planning Board, or any other person or body authorized to administer this Subtitle;
3. (3)
   To reverse, affirm, or modify any decision upon which the appeal is made;
4. (4)
   To review and decide security exemption plans for fences and walls (Section 27-6610, Security Exemption Plan), except where such security exemption plans have been delegated to a municipality;
5. (5)
   To hear and decide appeals for the following:

   1. (A)
      Sign permits (Section 27-3606);
   2. (B)
      Temporary use permits (Section 27-3607);
   3. (C)
      Use and occupancy permits (Section 27-3608);
   4. (D)
      Grading permits (Section 27-3610);
   5. (E)
      Building permits (Section 27-3611); and
   6. (F)
      Zoning enforcement (PART 27-8).
6. (6)
   To compel the attendance of witnesses at hearings;
7. (7)
   To administer oaths to witnesses;
8. (8)
   To hold an entire hearing or a portion of a hearing virtually and provide for virtual participation. Notice and procedures for the hearing shall be in accordance with the District Council Rules of Procedure.

1. (1)
   The Board may adopt rules of procedure consistent with the provisions of this Subtitle.
2. (2)
   The Board shall keep minutes of its proceedings.
3. (3)
   Hearings may be adjourned and continued. If the date, time, and place of the continued hearing is publicly announced at the time of the adjournment, no further notice of the continuation shall be required. If the date, time, and place is not publicly announced at the time of the adjournment, notice shall be given in the same manner as with the original hearing.
4. (4)
   All actions of the Board shall be taken by resolution, in which at least two (2) members must concur. Each resolution shall contain a statement of the grounds and findings forming the basis of the action. The text of the resolution and record of members’ votes shall be incorporated into the minutes or other records of the Board.

The BOA shall meet at such times as necessary. The Chairman shall determine the time and place of all hearings. The BOA shall have the authority to adopt rules and regulations for the conduct of its meetings.

1. (1)
   The District Council shall appoint one or more hearing examiners, as appropriate, to conduct evidentiary hearings and make recommendations or decisions in zoning cases as established in this Section.
2. (2)
   The ZHE shall:

   1. (A)
      Be an attorney admitted to practice before the highest Court in Maryland;
   2. (B)
      Possess judicial temperament;
   3. (C)
      Have at least five years of experience in administrative litigation; and
   4. (D)
      Demonstrate a knowledge of administrative and zoning law practice and procedure by competitive written examination.
3. (3)
   After being appointed, ZHE shall be considered within the classified service of the County’s Personnel Law and subject to the regulations of the system.
4. (4)
   A Chief ZHE shall be designated by the District Council to administer the Office of Zoning Hearing Examiner.

The ZHE shall have the following powers and duties under this Ordinance:

1. (1)
   To review and make recommendations on the following:

   1. (A)
      Zoning map amendments (ZMA) (Section 27-3601);
   2. (B)
      Planned Development (PD) zoning map amendments (Section 27-3602);
   3. (C)
      Chesapeake Bay Critical Area Overlay (CBCAO) zoning map amendments (Section 27-3603);
   4. (D)
      Validations of permits issued in error (Section 27-3615);
   5. (E)
      Authorizations of permits within proposed rights-of-way (Section 27-3617); and
   6. (F)
      Certification of nonconforming use (administrative) (Section 27-3618); and
   7. (G)
      Any other case for which the District Council directs that a hearing be held by the Zoning Hearing Examiner.
2. (2)
   To review and decide:

   1. (A)
      Special exceptions (Section 27-3604);
   2. (B)
      Minor changes to approved special exceptions (Section 27-3604(i));
   3. (C)
      Variances and major departures associated with a special exception;
   4. (D)
      Alternative compliance to landscaping associated with a special exception (see Landscape Manual);
   5. (E)
      Petitions for revocation or modification of Special Exceptions, and the accompanying revocation of use and occupancy permits (Section 27-3604(j));
   6. (F)
      Zoning enforcement hearings (Section 27-8204(e));
   7. (G)
      Requests for alternative parking plans when the ZHE makes the decision on the application (Section 27-3614(b)(5)).
3. (3)
   To compel the attendance of witnesses at evidentiary hearings and issue subpoenas for documents.
4. (4)
   To administer oaths to witnesses.
5. (5)
   To conduct public hearings subject to all the requirements and restrictions imposed by law upon the District Council.
6. (6)
   To perform any other functions that are delegated to it by State law or this Ordinance.

The ZHE shall issue a decision on a zoning case not more than 100 days after the date of the last hearing held by the hearing examiner.

The Planning Director shall have the following powers and duties under this Ordinance:

1. (1)
   To review and make recommendations to the District Council, Planning Board, BOA, ZHE, and/or DPIE on the following:

   1. (A)
      Comprehensive plans and amendments (Section 27-3502);
   2. (B)
      Sectional map amendments (Section 27-3503);
   3. (C)
      Zoning map amendments (ZMA) (Section 27-3600);
   4. (D)
      Planned Development (PD) zoning map amendments (Section 27-3602);
   5. (E)
      Chesapeake Bay Critical Area Overlay (CBCAO) zoning map amendments (Section 27-3603);
   6. (F)
      Special exceptions (Section 27-3604);
   7. (G)
      Detailed site plans (Section 27-3605(d));
   8. (H)
      Sign permits (Section 27-3606);
   9. (I)
      Use and occupancy permits (Section 27-3608);
   10. (J)
       Grading permits (Section 27-3610);
   11. (K)
       Building permits (Section 27-3611);
   12. (L)
       Variances associated with a parent application (Section 27-3613);
   13. (M)
       Major departures (Section 27-3614(e));
   14. (N)
       Development applications in the LMUTC Zone; and
   15. (O)
       Expedited transit-oriented development site plan applications (Section 27-3619).
2. (2)
   To review and decide the following:

   1. (A)
      Zoning certifications (Section 27-3609);
   2. (B)
      Interpretation (text, uses, and Zoning Map) (Section 27-3612);
   3. (C)
      Minor departures (Section 27-3614(e));
   4. (D)
      Certification of nonconforming uses (Section 27-3618);
   5. (E)
      Minor changes to approved special exceptions (Section 27-3604(i));
   6. (F)
      Minor amendments to approved detailed site plans (Section 27-3605(d)(11)(B));
   7. (G)
      Alternative compliance to landscaping associated with a permit (see Landscape Manual);
   8. (H)
      To review and decide security exemption plans for exterior lighting (Section 27-6709, Security Exemption Plan); and
   9. (I)
      Determine the amount of required parking spaces for uses not expressly listed in Table 27-6305(a), Minimum Number of Off-Street Parking Spaces, in accordance with Section 27-6305(b), Unlisted Uses.
3. (3)
   To make administrative corrections to the Official Zoning Map and comprehensive plans.
4. (4)
   To establish development application requirements for development approvals and permits, other than fees.
5. (5)
   To ensure that applications for development approvals and permits are processed and reviewed in accordance with this Ordinance.
6. (6)
   To maintain the Official Zoning Map and other such records and official materials in accordance with this ordinance.
7. (7)
   To make available at the Planning Director’s office, upon reasonable request and during normal business hours, copies of all development applications, staff reports, and materials submitted, at a reasonable cost where permitted.

The Subdivision and Development Review Committee may be established and operate under the direction of the Planning Director. The Subdivision and Development Review Committee may be staffed by M-NCPPC, County, State, and regional agencies, and municipal representatives to review and comment on the following applications under this Ordinance:

1. (1)
   Detailed site plans (Section 27-3605(d)).

In accordance with State law, the DPIE Director shall have the following powers and duties under this Ordinance:

1. (1)
   To review and make recommendations to the appropriate decision-making body or official on the following:

   1. (A)
      Revocation or modification of approved special exception (Section 27-3604); and
   2. (B)
      Validations of permits issued in error (Section 27-3615).
2. (2)
   To review and decide the following:

   1. (A)
      Sign permits (Section 27-3606);
   2. (B)
      Temporary use permits (Section 27-3607);
   3. (C)
      Use and occupancy permits (Section 27-3608);
   4. (D)
      Grading permits (Section 27-3610);
   5. (E)
      Building permits (Section 27-3611); and
3. (3)
   To enforce all provisions of this Ordinance in accordance with PART 27-8: Enforcement.
4. (4)
   To receive complaints from persons who allege that violations of this Ordinance have occurred, to properly investigate such complaints, and to initiate action to prevent, enjoin, abate, or remove such violations, in accordance with PART 27-8: Enforcement, and State law.

1. (1)
   Every application for a grading, building, or use and occupancy permit shall be referred by the DPIE Director to the Planning Director or Planning Board for comments or recommendations, if any, with respect to:

   1. (A)
      The requirements of this Subtitle, Subtitle 24, Subtitle 25, the Regional District Act, and any conditions placed on the property in a zoning or subdivision matter; and
   2. (B)
      Conformance with any approved detailed site plan, Chesapeake Bay Critical Area Conservation Plan, or any other site or development plan applicable to development of the property.
2. (2)
   No permit shall be recommended for approval by the Planning Board until after the expiration of the specified appeal period from a Planning Board decision concerning the subject property of the permit, unless the right of appeal has been waived; nor shall any permit be recommended for approval during the pendency of any appeal to, or review by, the District Council.
3. (3)
   This subsection shall not apply to:

   1. (A)
      Temporary use permits issued in accordance with Section 27-3607, Temporary Use Permit, except in cases of property in the Safety Zones of the MIO Zone, properties subject to Subtitle 25, and properties within the Chesapeake Bay Critical Area; and
   2. (B)
      Permits of a minor nature as specified in Section 27-3611(f), Permits of a Minor Nature. This exception shall not apply to any property which is located within a historic district or listed in the Approved Historic Sites and Districts Plan as a historic site, resource, or district, properties subject to Subtitle 25, or properties within the Chesapeake Bay Critical Area.
4. (4)
   Any comments or recommendations of the Planning Director or Planning Board to the DPIE Director regarding applications for grading, building, or use and occupancy permits are advisory only and shall not be a prerequisite for the issuance of grading, building, or use and occupancy permits.

The Historic Preservation Commission shall have the following powers and duties under this Ordinance:

1. (1)
   To review and comment on Area Master Plans and Sector Plans, if the plan contains either a proposed historic site, resource, or district, or an historic site, resource, or district that is already identified on the Approved Historic Sites and Districts Plan; and
2. (2)
   To review and comment on detailed site plan applications and any development application reviewed or decided by the District Council, Planning Board, Planning Director, or ZHE if the development application includes land which contains or abuts an historic site, resource, or district identified on the Approved Historic Sites and Districts Plan, as soon as feasible after the application is submitted and determined complete.

In accordance with State and County law, and only where expressly authorized by the District Council, municipalities may have the following powers and duties under this Ordinance:

1. (1)
   To review and make recommendations to the appropriate advisory or decision-making body or official on the following, only when land subject to the proposed amendment(s) is located within the boundaries of the affected municipal corporation:

   1. (A)
      Sectional map amendments (Section 27-3503);
   2. (B)
      Zoning map amendments (ZMA) (Section 27-3601);
   3. (C)
      Planned Development (PD) zoning map amendments (Section 27-3602); and
   4. (D)
      Chesapeake Bay Critical Area Overlay (CBCAO) zoning map amendments (Section 27-3603).
2. (2)
   To review and decide the following (when delegated to the municipal corporation in accordance with Section 27-3308(b) below):

   1. (A)
      Minor changes to approved special exceptions (Section 27-3604(i));
   2. (B)
      Variances for lot area, setback, and similar requirements that are delegated to the municipality (Section 27-3613);
   3. (C)
      Minor departures (Section 27-3614(c));
   4. (D)
      Major departures (Section 27-3614(e));
   5. (E)
      Alternative compliance with landscaping (see Landscape Manual);
   6. (F)
      Security exemption plans for fences and walls (Section 27-6610); and 
   7. (G)
      Security exemption plans for exterior lighting (Section 27-6709).

1. (1)
   An incorporated municipality may enact an ordinance which sets forth procedural regulations governing any or all of the following:

   1. (A)
      Departures (minor and major) of numerical design and landscaping standards in the municipality for:

   1.  
      1. (i)
         Parking and loading standards (Section 27-6206(k)), Block Design; Table 27-6206(m)(1): Minimum Stacking Spaces for Drive-Through facilities and Related Uses; Section 27-6304(i), Large Vehicular Use Areas (300 or More Spaces); Section 27-6305, Off-Street Parking Space Standards; Section 27-6306, Dimensional Standards for Parking Spaces and Aisles; and Section 27-6310, Loading Area Standards);
      2. (ii)
         Alternative compliance from landscaping requirements (Landscape Manual); and
      3. (iii)
         Sign design standards (Section 27-61505, Standards for Specific Sign Types; Section 27-61506, Standards for Special Purpose Signs; and Section 27-61507, Standards for Temporary Signs).

   2. (B)
      Certification, revocation, and revision of nonconforming uses (Section 27-3618 and PART 27-7);
   3. (C)
      Variances for lot area, setback, and similar requirements;
   4. (D)
      Minor changes to approved special exceptions;
   5. (E)
      Security exemption plans for fences and walls (Section 27-6610); and
   6. (F)
      Security exemption plans for exterior lighting (Section 27-6709).
2. (2)
   General

   1. (A)
      The thresholds, extent, and standards for departures shall not exceed those established in this Subsection and the Landscape Manual.
   2. (B)
      The municipality may not impose any standard or requirement stricter than or materially different from those thresholds and standards in this Subsection.
   3. (C)
      Notwithstanding any other law, the legislative body of a municipal corporation, by local law, may authorize the erection of a fence that exceeds the height restrictions or limitations otherwise required by State, Regional, or County zoning laws or agencies exercising zoning and planning jurisdiction over the municipal corporation.
   4. (D)
      The procedural regulations adopted by the municipality shall be set forth in a municipal ordinance.
   5. (E)
      The municipal ordinance shall provide that any person aggrieved by its decision, who was a party to the proceeding before it, may appeal to the Circuit Court, which shall have the power to affirm the decision of the municipality or, if the decision is not in accordance with law, to remand the matter or to modify or reverse the decision.
3. (3)
   Procedures

   1. (A)
      Prior to adopting the ordinance, the municipality shall hold a duly advertised public hearing. The District Council shall also hold a public hearing on the proposed municipal ordinance within 60 days of its receipt. Notice of the time, date, and place of the hearing shall be published at least one time in the County newspapers of record, at least 14 days prior to the hearing date. Following the District Council’s hearing, the Council may:

   1.  
      1. (i)
         By majority vote of its members, approve the action of the municipality; or
      2. (ii)
         By a vote of at least eight of its members, approve with conditions or overrule the action of the municipality.

   2. (B)
      Failure of the District Council to adopt the municipal ordinance is considered a denial of the municipal ordinance, and if it is denied, it shall be considered invalid.
   3. (C)
      The Zoning Ordinance continues to apply within the municipality unless and until the District Council approves the proposed municipal ordinance.
   4. (D)
      After the municipal ordinance is approved by the District Council, the municipality retains the right to elect not to exercise the power to approve departures if it provides 60 days' notice of its intent not to do so to the Clerk of the Council and to the residents of the municipality. If the municipality chooses not to retain those powers, the provisions of this Subtitle automatically apply within the municipality.

1. (1)
   Informed public actions on land use matters require a full exploration of often complex factual and legal issues. An independent People's Counsel can protect the public interest and promote a full and fair presentation of relevant issues in administrative proceedings in order to achieve balanced records upon which sound land use decisions can be made. In addition, a People's Counsel who provides technical assistance to citizens and citizen organizations will encourage effective participation in, and increase public understanding of and confidence in, the County land use process.
2. (2)
   Appointment:

   1. (A)
      The County Council shall appoint one (1) or more attorneys to serve as People's Zoning Counsel and Deputy People's Zoning Counsel, pursuant to Section 322 of the County Charter, for terms of four (4) years. Preference shall be given to persons who are residents of Prince George's County.
   2. (B)
      An individual appointed as People's Zoning Counsel or Deputy People's Zoning Counsel may be removed from office for cause by the affirmative vote of not less than two-thirds (2/3) of the members of the full Council.
   3. (C)
      An individual appointed as People's Zoning Counsel or Deputy People's Zoning Counsel may not represent any client in any matter involving any land use case brought pursuant to Subtitles 24: Subdivision Regulations or 27: Zoning in Prince George's County nor be a principal in a firm which does so.
   4. (D)
      At the end of a term, an individual appointed as People's Zoning Counsel or Deputy People's Zoning Counsel shall continue to serve until a successor is appointed and qualified.
3. (3)
   Qualifications:

   Any person appointed shall be a member in good standing of the Maryland bar, have substantial experience in land use law and procedure, and be actively engaged in the practice or teaching of law for at least five (5) years prior to the date of appointment.

4. (4)
   Compensation and Support:

   The compensation of the People's Zoning Counsel and Deputy People's Zoning Counsel shall be contained in the annual budget of the County. Payment shall be made upon approval of the Chairman of the Council. The People's Zoning Counsel and Deputy People's Zoning Counsel shall be provided the clerical and other assistance prescribed in the budget.

1. (1)
   To protect the public interest and achieve a full and fair presentation of relevant issues, the People's Zoning Counsel shall have the right to appear on behalf of the interests of the public in general, to defend any duly enacted General Plan, Area Master Plan or Sector Plan, or Functional Master Plan, or comprehensive zoning maps as adopted by the District Council, and in any matter involving zoning reclassification or any special exception (Section 27-3604). The People's Zoning Counsel may appear before:

   1. (A)
      The Zoning Hearing Examiner or the District Council (for oral argument hearings or evidentiary hearings) if the matter involves a zoning case; or
   2. (B)
      The Board of Appeals if the matter involves a variance (Section 27-3613); or
   3. (C)
      The Planning Board if the matter involves a Planned Development (PD) Zoning Map Amendment or a Zoning Map Amendment (ZMA) proposing one of the Transit-Oriented/Activity Center base zones.
2. (2)
   The People's Zoning Counsel may prosecute an application before any state or federal court for injunctive or other relief incidental thereto, to enjoin violation of any zoning map or Area Master Plan or Sector Plan, or as specifically authorized by the District Council.
3. (3)
   To participate in any proceeding under Subsection (1), the People's Zoning Counsel shall file a notice of intention to participate. After the notice is filed, the People's Zoning Counsel is entitled to all notices provided to parties of record and may participate by making motions, introducing evidence, examining witnesses, cross-examining witnesses, filing exceptions, and making arguments as the law and evidence in the case may warrant. The People's Zoning Counsel shall provide a copy of the notice of intention to participate to all persons who are then parties of record to the matter. In the People's Zoning Counsel's discretion, the Counsel may withdraw from, or decline to participate in, any proceeding in which the Counsel may participate in under Subsection (1). The People's Zoning Counsel is not liable to any person for participating in, or declining to participate in, any proceeding.
4. (4)
   The People's Zoning Counsel shall have in each appearance all rights of counsel for a party of record, including, but not limited to the right to file and prosecute an appeal to the courts as an aggrieved party to promote and protect the health, safety, and welfare of the community.
5. (5)
   The Deputy People's Zoning Counsel shall act for the People's Zoning Counsel at the direction of the People's Zoning Counsel or when the People's Zoning Counsel is unable to serve.

1. (1)
   Without becoming a party to any judicial or administrative proceeding, and subject to available time and resources, the People's Zoning Counsel may provide technical assistance to any person about a proceeding described in Section 27-3309(b)(1). When providing technical assistance, the People's Zoning Counsel must inform the recipient that the People's Counsel is not acting and cannot act as a personal attorney for the recipient.
2. (2)
   The People's Zoning Counsel shall be available to any civic association, homeowners association, or other similar group to speak about land use law and procedures in Prince George's County.

Each LMUTC in the County shall include a local design review committee, advisory to the Planning Board, to review applications and make recommendations to the decision-making body. The procedures established in this Subsection for establishment and membership of the LMUTC design review committees supersede any procedures included in any Mixed-Use Town Center Development Plan and the previous Zoning Ordinance.

1. (1)
   Composition

   Each LMUTC design review committee shall consist of 7 members.

2. (2)
   Nomination and Confirmation

   1. (A)
      The LMUTC Design Review Committees for the Brentwood, Mount Rainier, and Riverdale Park LMUTC zones shall be nominated by the respective legislative bodies of each municipal corporation and be confirmed by the Planning Board.
   2. (B)
      The LMUTC Design Review Committee for the Suitland LMUTC Zone shall be nominated by the Councilmember representing the Councilmanic District in which the Suitland LMUTC Zone lies, and be confirmed by the Planning Board.
3. (3)
   Eligibility

   1. (A)
      The term of service for LMUTC Design Review Committee members shall be 2 years. Committee members may serve up to an additional 6 months while their successor is nominated and confirmed.
   2. (B)
      A minimum of 1 serving member on each LMUTC Design Review Committee shall be a design professional or demonstrate experience in the fields of architecture, engineering, historic preservation, or planning.

Within the LMUTC Zone, LMUTC Design Review Committees shall have the following powers and duties:

1. (1)
   To review and comment to the appropriate decision-making body or official on the following:

   1. (A)
      Building permits (Section 27-3611);
   2. (B)
      Use and Occupancy permits (Section 27-3608);
   3. (C)
      Sign permits (Section 27-3606);
   4. (D)
      Special permits and other pertinent application types found in the former Mixed-Use Town Center Zone; and
   5. (E)
      Any other application previously delegated to the local design review committee for review and comment by the District Council.

A pre-application conference provides an opportunity for:

1. (1)
   The applicant to determine the submission requirements, procedures, and standards applicable to an anticipated development application; and
2. (2)
   Staff to become familiar with, and offer the applicant preliminary comments about the scope, features, and impacts of the proposed development as it relates to the standards in this Ordinance.

1. (1)
   A pre-application conference is required before any of the following development applications are submitted, unless waived by the Planning Director because development proposed in the application is sufficiently straightforward that the applicant does not need additional staff input on the application:

   1. (A)
      Zoning map amendments (ZMA) (Section 27-3601);
   2. (B)
      Planned Development (PD) zoning map amendments (Section 27-3602);
   3. (C)
      Chesapeake Bay Critical Area Overlay (CBCAO) zoning map amendments (Section 27-3603)
   4. (D)
      Special exceptions (Section 27-3604);
   5. (E)
      Detailed site plans (Section 27-3605(d));
   6. (F)
      Major departures (Section 27-3614(e)); and
   7. (G)
      Development pursuant to prior Ordinance (Section 27-1904).
2. (2)
   A pre-application conference is optional for any other type of development application.

1. (1)
   Submission of Materials Prior to Conference

   Before a pre-application conference is held, the applicant shall submit to the Planning Director a narrative describing the scope of the proposed development, a conceptual site drawing of the development proposed in the application, and any other information reasonably requested by the Planning Director.

2. (2)
   Scheduling

   Within fourteen (14) days after receipt of a request for a pre-application conference, the Planning Director shall schedule the pre-application conference and notify the applicant of the conference time and location.

3. (3)
   Conference Proceedings

   The Planning Director shall review the materials submitted by the applicant prior to the conference. At the conference, the Planning Director shall seek any needed clarification from the applicant regarding the proposed application and identify any concerns, problems, or other factors the applicant should consider regarding the proposed application.

1. (1)
   The pre-application conference is intended to facilitate the application review process. Discussions at the pre-application conference are not binding on the County, and consequently no final or binding decision is made at a pre-application conference.
2. (2)
   A pre-application conference request does not constitute the filing of an application. Processing times for application review do not begin until an application is submitted and determined to be complete in accordance with Section 27-3404, Determination of Completeness.

The pre-application neighborhood meeting is intended to inform owners and occupants of nearby lands about a proposed development application to be reviewed under this Ordinance, and to provide the applicant an opportunity to hear comments and concerns about the development proposal in order to resolve conflicts and outstanding issues, where possible. Pre-application neighborhood meetings are opportunities for informal communication between applicants and the landowners and occupants of nearby lands, and other residents affected by development proposals. Participation in any preliminary, pre-application neighborhood meeting is for informational purposes only. Any resultant participation and/or written summary of same shall not be part of the administrative record for any development application that may be filed and accepted.

1. (1)
   A pre-application neighborhood meeting is required before any of the following development applications are submitted:

   1. (A)
      Zoning map amendments (ZMA) (Section 27-3601);
   2. (B)
      Planned Development (PD) zoning map amendments (Section 27-3602);
   3. (C)
      Chesapeake Bay Critical Area Overlay (CBCAO) zoning map amendments (Section 27-3603);
   4. (D)
      Special exceptions (Section 27-3604);
   5. (E)
      Detailed site plans (Section 27-3605(d)); and
   6. (F)
      Major departures (Section 27-3614(e)).
2. (2)
   A pre-application neighborhood meeting may also be held at the applicant’s option before the submission of any development application not identified in Section 27-3402(b)(2) above. Pre-application neighborhood meetings are particularly encouraged as opportunities for informal communication before submitting any application requiring a public hearing in accordance with Section 27-3600, Application-Specific Review Procedures and Decision Standards.
3. (3)
   The informational mailings and meetings required by this Subsection are in addition to all postings and notices required by this Ordinance and State law.
4. (4)
   If a development application is not accepted for review in accordance with the requirements of Section 27-3403, Application Submittal, within one year of the date the pre-application neighborhood meeting is conducted, the applicant shall conduct a second pre-application neighborhood meeting in accordance with this Section.

If a pre-application neighborhood meeting is conducted, it shall comply with the following requirements:

1. (1)
   Meeting Location and Time

   The meeting shall be held at or after 6:00 p.m. on a weekday or between 10 a.m. and 4 p.m. on a weekend, at a location that is convenient and generally accessible to neighbors residing in proximity to the land subject to the proposed application, or may be held virtually, as necessary.

2. (2)
   Notification

   1. (A)
      Informational Mailing

   1.  
      1. (i)
         The applicant shall mail notice of the meeting at least 30 days before the meeting.
      2. (ii)
         Notice shall be mailed to:

         27. (aa)
             The Planning Director;
         28. (bb)
             All persons to whom mailed notice of a public hearing on the application is required by Section 27-3407, Scheduling of Hearings and Public Notice;
         29. (cc)
             Any municipality in which the land subject to the application is located, and every municipality located within one mile of the land subject to the application, and any municipal planning department;
         30. (dd)
             All civic associations registered in accordance with Section 27-3402(d), Civic Association or Resident Registration; and
         31. (ee)
             All adjacent landowners (including owners whose land lies directly across a street, alley, or stream from the land subject to the application being reviewed).
      3. (iii)
         As to residents, an applicant complies with this Section by providing the Planning Department with an electronic version of the informational mailing more than thirty (30) days before the Planning Department accepts an application. The applicant may also notify any person or entity registered in accordance with Subsection (d)(2)(B) of this Section. The Planning Department shall be responsible for emailing informational mailings to residents on the email registry.
      4. (iv)
         A civic association entitled to an informational mailing may waive the requirement, and an applicant’s filing of a signed waiver constitutes its compliance with the mailing requirement, for the entity signing.

   2. (B)
      Posted Notification

      The applicant shall also post notification of the pre-application neighborhood meeting on the land subject to the application at least 30 days before the date fixed for the meeting.

   3. (C)
      Notification Contents

      The mailed and posted notifications shall state the time and place of the meeting, the purpose of the meeting, include a current zoning sketch map clearly identifying the land area associated with the development, summarize the general nature of the development proposal, and the type of development approval or permit sought. Additionally, the notice shall include the application number, contact information for the M-NCPPC to obtain more information about the application after it is filed, an applicant telephone number and email address for persons wishing to meet, an explanation of the procedures and the necessity for becoming a person of record for the proposed application, and a statement that no government agency has reviewed the application. Developer or builder information shall be provided if different than the applicant.

3. (3)
   Conduct of Meeting and Summary

   1. (A)
      Generally

      The pre-application neighborhood meeting shall be open to the public. At the meeting, the applicant shall explain the development proposal and application, inform attendees about the application review process, respond to reasonable questions or concerns neighbors raise about the proposed application, and discuss ways to resolve reasonable conflicts or concerns.

   2. (B)
      Project Materials

      The applicant shall ensure the following materials are available for review and discussion at the pre-application neighborhood meeting:

   1.  
      1. (i)
         A map of the proposed development site clearly indicating the site location and streets in the vicinity;
      2. (ii)
         Illustrations depicting the layout and design of the proposed development, existing conditions, and the neighborhood context;
      3. (iii)
         A development fact sheet or summary that includes, but is not limited to, the size of the proposed project, proposed land uses, proposed number of dwelling units and/or amount of gross square footage, proposed density and intensity of the project, proposed building heights, and anticipated parking need;
      4. (iv)
         Information explaining the development review process and how members of the public may participate; and
      5. (v)
         Sign-in sheets including the meeting date and time, meeting address, project address, property owner name, applicant name and contact information, and space for participants to include their name, organization, address, phone number, and email address.

   3. (C)
      Written Summary of Meeting

   1.  
      1. (i)
         The applicant shall prepare a written summary of the pre-application neighborhood meeting that includes a list of those invited to the meeting, meeting attendees and/or a copy of the sign-in sheet, copies of the materials distributed or made available for review during the meeting, and any other information the applicant deems appropriate.
      2. (ii)
         The applicant shall email a copy of the written summary of the pre-application neighborhood meeting to all attendees that have provided an email address.
      3. (iii)
         If the applicant complies with all the requirements for the pre-application neighborhood meeting established in Subsections 27-3402(c)(1), 27-3402(c)(2), and 27-3402(c)(3)(A), above, and no one attends the meeting, the applicant may state this in the written summary, and demonstrating compliance with the relevant subsections, has no further obligations under this ordinance to conduct a pre-application neighborhood meeting.

1. (1)
   Any civic association that maintains a registration with the Planning Director in accordance with this Subsection is entitled to informational mailings and e-mails, for all pre-application neighborhood meetings within the association’s defined geographical area.
2. (2)
   1. (A)
      To register to obtain notice of pre-application neighborhood meetings, a civic association shall provide the following to the Planning Director: its name; the names, street addresses, and e-mail addresses of all its officers; the number of members (individuals or households); the geographical area it represents and is interested in, by a description acceptable to the Planning Director; the name, street address, e-mail address, and daytime telephone number of the individual, the association designee, who is to receive informational mailings in the initial registration period; and the initial registration's effective dates, which may run from date of first registration to December 31 of the following year. To continue to receive notice of applications, an association shall re-register every two years.
   2. (B)
      The Planning Director shall establish and maintain an email registry so that any County resident may receive the same informational mailings as a civic association. To obtain a registration, a resident shall provide the following information to the Planning Director: name; street address; email address; daytime telephone number; and up to two (2) adjoining Council Districts about which they want to receive informational mailings. The Planning Director may delete registrations for which an email address ceases to function.
3. (3)
   Associations may represent overlapping geographical areas. However, for the purpose of obtaining informational mailings, an association may not represent an area extending beyond two adjoining Council Districts. In addition, the officers of an association must retain their primary residence within the association's delineated area of interest. The Planning Director may decline registration of any association which purports to represent an area of unreasonable description or otherwise does not meet the requirements of this Section.
4. (4)
   The Planning Director may decline registration of any association which purports to represent an area of unreasonable description or otherwise does not meet the requirements of this Subsection.
5. (5)
   A watershed protection group that is registered as a Section 501(c)(3) environmental organization may designate an area consisting of the watershed whose protection is the purpose of the organization if the officers of the organization maintain their primary residence within the watershed.

1. (1)
   Upon submittal of a development application, the District Council, BOA, Planning Director, or DPIE Director, whichever the application was submitted to, shall determine if the application is complete within 15 business days. A complete application is one that:

   1. (A)
      Contains all application content requirements established for the particular type of application in accordance with Section 27-3403(b), Application Contents and Form;
   2. (B)
      Is in the form required for the particular type of application in accordance with Section 27-3403(b), Application Contents and Form;
   3. (C)
      Includes all required affidavits, such as the applicant’s affidavit of mailing of any required information notices in accordance with Section 27-3403(f), Application Submittal and Notice;
   4. (D)
      Includes information in sufficient detail to evaluate the application to determine whether it complies with the appropriate substantive standards of this Ordinance; and
   5. (E)
      Is accompanied by the fees established for the particular type of application in accordance with Section 27-3403(c), Fees.
2. (2)
   No application may be deemed complete if it fails to comply with any of the above requirements.

1. (1)
   If it is determined the application is incomplete, the District Council, BOA, Planning Director, or DPIE Director, as appropriate, shall send written notice to the applicant of the deficiencies, and review of the application shall not proceed. The applicant may correct the deficiencies and resubmit the application for completeness determination.
2. (2)
   Notwithstanding the other provisions of this Subsection, after an application is determined incomplete three times, an applicant may request in writing, and the Planning Director or DPIE Director, as appropriate, shall process the application in accordance with the requirements of this Part, even though it is not considered a complete application.

1. (1)
   When the District Council, Planning Director, BOA, or DPIE Director, as appropriate, determines an application has been filed in proper form and is ready to be determined complete, the appropriate body shall notify the applicant in writing, preferably by e-mail. When applicable, the name and contact information of the staff member assigned to the application shall be included in the notice.
2. (2)
   The applicant shall notify in writing and via first class mail municipalities, civic associations, any governed special taxing district, and other persons entitled to receive informational mailings that the application is ready to be accepted. When applicable, the name and contact information of the staff member assigned to the application shall be included in the notice.
3. (3)
   The District Council, BOA, Planning Director, or DPIE Director, as appropriate, shall not formally determine an application as complete or begin processing the application until after the applicant has filed an affidavit in the record to document completion of a written notice of acceptance to municipalities, civic associations, any governed special taxing district, and other persons entitled to receive informational mailings.
4. (4)
   The applicant shall notify in writing via first class mail municipalities, civic associations, any governed special taxing district, and other parties entitled to receive information mailings that the application has been deemed complete. When applicable, the name and contact information of the staff member assigned to the application shall be included in the notice.
5. (5)
   Within a reasonable time after an application is determined complete by the Planning Director, BOA, or DPIE Director, as appropriate, the Director shall so advise the Zoning Hearing Examiner of all cases requiring a hearing by his/her office.

1. (1)
   If the development application is determined complete or if the applicant has requested that the application be processed in accordance with Section 27-3404(b)(2) above, it shall be reviewed in accordance with the procedures and standards of this Subsection, this Division, and this Ordinance.
2. (2)
   Applications reviewed and decided by the District Council, Planning Board, Planning Director, BOA, or ZHE, shall be referred to the Historic Preservation Commission at this stage for comment, if the development application includes land which contains or abuts an historic site, resource, or district identified on the Adopted and Approved Historic Sites and Districts Plan, as soon as feasible after the application is submitted and determined complete.
3. (3)
   The Historic Preservation Commission shall submit its comments for the record within 30 days prior to the first hearing on the application by an advisory board or official or, if no review by an advisory board or official is required, by the decision-making body or official. Failure of the Historic Preservation Commission to submit comments within this time period shall constitute no objection to the application.
4. (4)
   Any established time frame for review of the application starts on the date it is determined complete, or the date it is requested to be processed in accordance with Section 27-3404(b)(2) above.

1. (1)
   Within 10 days after the end of each month, the Planning Director shall provide a list of all applications determined complete during that month, including those applications authorized for administrative review and/or disposition pursuant to this Subtitle, arranged according to Councilmanic District. The list shall set forth the name of the applicant, the size and description of the property, and the existing and proposed zoning classifications of the property. The Planning Director shall publish the report on the Planning Department website and shall transmit a copy to the ZHE and District Council. Any person may request, in writing, a copy of the report sent by first class mail. A reasonable fee may be charged to cover the costs of postage and copying.
2. (2)
   One copy of the list described above shall be mailed by the Planning Director on a subscription basis without charge to every municipality as well as any homeowners, neighborhood, civic, or similar association that has registered with the Planning Director.

1. (1)
   An applicant may revise a development application as follows:

   1. (A)
      Amendments concerning either (1) an error, omission of fact, or other factual change or (2) made by the applicant in direct response to an advisory or decision-making body recommendation, if the amendment is not covered by Subsections (B) or (C), below, are permitted at any time after receiving initial staff review comments on the application, or upon requesting and receiving permission from an advisory or decision-making body after that body has reviewed but not yet taken action on the application.
   2. (B)
      Amendments which involve substantial modifications to the original proposal such as changing a significant area or configuration shall cause the application to be reviewed again in accordance with the requirements of this Part.
   3. (C)
      Amendments concerning a change in a requested use type or use category, where appropriate, shall be accompanied by a new (revised) justification statement.
2. (2)
   After a case is transmitted to the ZHE, amendments may be permitted subject to the discretion of the ZHE.

1. (1)
   Withdrawal by Applicant

   After an application has been accepted as complete for review, the applicant may withdraw the application at any time by submitting a letter of withdrawal to the Planning Director, DPIE Director, ZHE, or District Council, whichever the application was submitted to, or by verbally withdrawing the application at a public hearing for which review of the application is scheduled.

2. (2)
   Withdrawal through Inaction

   1. (A)
      If an applicant requests or causes continuing postponement of submissions or actions required to complete the application review process, and such postponement causes inaction for six or more months in the review of the application, the application may be considered withdrawn, and the Planning Director or DPIE Director, whichever the application was submitted to, shall notify the applicant in writing.
   2. (B)
      The ZHE shall dismiss any zoning case transmitted to the ZHE which has not reached public hearing by or within any of the following time periods, whichever is later:

   1.  
      1. (i)
         Three years after the application was filed;
      2. (ii)
         Two years after final action on a sectional map amendment (Section 27-3503), if processing of the zoning case was postponed until after that final action; or
      3. (iii)
         Two years after an application was remanded by the District Council.

   3. (C)
      The Zoning Hearing Examiner may (for good cause) grant extensions of the time periods listed above. More than one extension may be granted. Each extension may not be for more than six months.
   4. (D)
      Procedures for ZHE Dismissal:

   1.  
      1. (i)
         The ZHE shall send written notice of the proposed dismissal date to the applicant, the owner, and correspondent, at their addresses of record, at least 30 days prior to dismissal.
      2. (ii)
         An order of dismissal by the Zoning Hearing Examiner shall be in writing, and shall be filed with the District Council. A copy of the order shall be sent to the Planning Board and all persons of record.
      3. (iii)
         The order of dismissal shall terminate all proceedings in the case, unless appealed by the applicant or owner to the District Council within 30 days after the date of dismissal. Each appeal shall be in writing and shall state specifically why the case should not be dismissed. An appellant shall give notice of his appeal to all persons sent notice of the order. The District Council shall consider the appeal within 90 days of its filing. The Council shall give at least ten days notice of the time and place of the meeting at which the appeal will be considered. The notice shall be sent to the appellant and all other persons who were given notice of the order of dismissal. The appellant shall have the opportunity to appear before the Council to show why the case should not be dismissed. The Council shall either uphold the order of dismissal, or shall reverse the order and remand the case to the ZHE for further processing.
3. (3)
   Application Fees Refunded

   Application fees may be refunded at the discretion of the decision-making body, if the application is withdrawn prior to the first public hearing on the application. In all other instances, application fees will not be refunded.

1. (1)
   When the development application is determined complete, or is processed in accordance with Section 27-3404(b)(2) above, the Planning Director, Clerk of the Council, or DPIE Director, whichever the application was submitted to, shall distribute it to all appropriate Planning staff, County staff, the Subdivision and Development Review Committee, and other municipal and public agencies, as appropriate, for review and comment.
2. (2)
   If the development application is a detailed site plan, the application shall be referred to the Prince George’s County Police Department for review and comment. The Police Department may comment on issues relevant to their mission, including opportunities to implement crime-prevention measures, and to enhance the safety and security of residents, employees, and other users of a project through implementation of the principles of Crime Prevention Through Environmental Design (CPTED).
3. (3)
   The Planning Director or DPIE Director, as appropriate, shall then review the application, along with the relevant support material, and any comments. If deficiencies in complying with applicable standards are identified, the Planning Director or DPIE Director, as appropriate, shall notify the applicant of those deficiencies and provide the applicant a reasonable opportunity to discuss the deficiencies and revise the application to address them, in accordance with Section 27-3405(a), Amending an Application.

Applications for detailed site plans (see Section 27-3605(d)) and comprehensive plans prepared pursuant to Section 27-3502, General Plan, Functional Master Plans, Area Master Plans, and Sector Plans, shall be referred to the Prince George's County Health Department. The Health Department shall perform a health impact assessment review of the proposed development or staff draft identifying the potential effects on the health of the population, and the distribution of those effects within the population, including recommendations for design components or plan policies to increase positive health outcomes and minimize adverse health outcomes on the community.

1. (1)
   Technical Staff Report

   Except for variances decided by the BOA (Section 27-3613, Variance) and appeals to the BOA (Section 27-3616, Appeal to Board of Appeals), if an application is subject to a decision by the District Council, Planning Board, or ZHE in accordance with Section 27-3200, Summary Table of Development Review Responsibilities, the Planning Director shall, following completion of staff and agency review, prepare a Technical Staff Report that:

   1. (A)
      Analyzes whether the application complies with applicable review standards;
   2. (B)
      Delineates the approximate area of the neighborhood, either on the Official Zoning Map, an aerial photograph, or a sketch map, as appropriate;
   3. (C)
      Describes land use and zoning in the neighborhood;
   4. (D)
      Recommends action on the application, including any recommended conditions of approval. Where staff may recommend a zone different than that requested, an analysis of the alternative zone recommended shall be included; and
   5. (E)
      For development applications subject to evidentiary hearings in Section 27-3600 of this Code, summarizes any written communications relevant to the review standards applicable for the application type provided by those in opposition and by those in support, and received by the Planning Director at least one (1) week prior to the publication of the Technical Staff Report. Such summary shall include the Planning Director’s response to the objections and arguments made by those in opposition and by those in support, and shall be made part of the record. If there are objections and arguments made by multiple people or organizations in opposition, the Planning Director shall summarize each separate issue raised instead of addressing each individual person or organization. The summary should also comment on objections and arguments made by the opposition and by those in support that, while not relevant to the review standards applicable to the application type, would be pertinent to other approvals required in the development process.
2. (2)
   Distribution and Availability of Application and Staff Report

   1. (A)
      After completion of the Technical Staff Report, the Planning Director shall transmit the application and report to all advisory or decision-making bodies and persons that review or make a decision on the application in accordance with Section 27-3500, Legislative Amendments, Area Master Plans, and Sectional Map Amendment Review Procedures and Decision Standards, and Section 27-3600, Application-Specific Review Procedures and Decision Standards. The Planning Director shall also provide the applicant a copy of the Technical Staff Report and make a copy of the report available for examination by the public no less than 2 weeks prior to the scheduled Planning Board hearing and/or thirty (30) days prior to the ZHE hearing and in accordance with Section 27-3419, Examination and Copying of Application/Other Documents.
   2. (B)
      Any person may request, in writing, a copy of the Technical Staff Report sent by first class mail. A reasonable fee may be charged to cover the costs of postage and copying. Such persons shall be sent a copy of the Technical Staff Report as provided in Table 27-3407(b): Required Public Notice.

If an application is subject to a final decision by the Planning Director or DPIE Director in accordance with Section 27-3600, Application-Specific Review Procedures and Decision Standards, the Planning Director or DPIE Director, as appropriate, shall make a decision on the application, consisting of one of the allowed decisions in, and based on the review standards in Section 27-3600, Application-Specific Review Procedures and Decision Standards, for the specific type of application.

1. (1)
   The scheduling of public hearings for applications subject to a public hearing in accordance with Section 27-3500, Legislative Amendments, Area Master Plans, and Sectional Map Amendment Review Procedures and Decision Standards, and Section 27-3600, Application-Specific Review Procedures and Decision Standards, shall be as follows:

   1. (A)
      The District Council, BOA, Planning Board, or ZHE are responsible for scheduling their respective public hearings. Each shall ensure that the hearing on the application is scheduled for a regularly scheduled meeting of the body conducting the hearing, or a meeting specially called for that purpose by that body.
   2. (B)
      The Clerk of the Council shall schedule public hearings conducted by the District Council (see Section 27-3500, Legislative Amendments, Area Master Plans, and Sectional Map Amendment Review Procedures and Decision Standards, and Section 27-3600, Application-Specific Review Procedures and Decision Standards), and
   3. (C)
      Public hearings shall be scheduled so there is sufficient time for any required Technical Staff Report to be prepared and distributed in accordance with Section 27-3406(c)(1), Technical Staff Report, and for public notification in accordance with Section 27-3407(b) below.

1. (1)
   Generally

   Notification shall be provided for all required public hearings on applications in accordance with Table 27-3407(b): Required Public Notice, all other provisions of this Section, and the Maryland Land Use Article.

1. (1)
   This Section applies where an evidentiary hearing is required in accordance with Section 27-3600, Application-Specific Review Procedures and Decision Standards for the following types of development applications:

   1. (A)
      Zoning map amendments (ZMA);
   2. (B)
      Planned Development (PD) zoning map amendments;
   3. (C)
      CBCAO zoning map amendments;
   4. (D)
      Special exceptions;
   5. (E)
      Detailed site plans;
   6. (F)
      Variances;
   7. (G)
      Major departures;
   8. (H)
      Validations of permits issued in error;
   9. (I)
      Authorizations within proposed rights-of-way; and
   10. (J)
       Appeals.

Parties shall generally be limited to one (1) hour for each side. For good cause, the Planning Board or Zoning Hearing Examiner, as appropriate, may grant additional time.

1. (1)
   The order of presentation shall be as follows:

   1. (A)
      Staff presentation (for Planning Board hearings);
   2. (B)
      Applicant’s case;
   3. (C)
      Opposition’s case;
   4. (D)
      Rebuttal by applicant;
   5. (E)
      Surrebuttal by opposition;
   6. (F)
      Public agency comments and examination;
   7. (G)
      Summation by opposition;
   8. (H)
      Summation by applicant.
2. (2)
   In all cases (including cases remanded by the District Council), the order or presentation may be modified by the Planning Board or Zoning Hearing Examiner as the nature of the case warrants.

The Planning Board or Zoning Hearing Examiner, as appropriate, shall rule upon procedural matters, questions of law, evidence, motions, or objections, and may limit debate. The Planning Board or Zoning Hearing Examiner, as appropriate, may ask questions of any witness.

1. (1)
   All persons who appear to testify shall be sworn. Reasonable cross-examination of witnesses shall be permitted.
2. (2)
   All subpoenas shall be served in the manner provided by the Maryland Rules of Civil Procedure for service in the Circuit Courts of this State. No person shall disobey or fail to answer the subpoena. A witness may be excused from attendance if he can show that his placement under subpoena was frivolous or oppressive.

A complete transcript containing all record testimony (including exhibits by reference) shall be prepared if an appeal or a request for oral argument is filed, or where the District Council elects to make the final decision.

Cases may be referred to any department or official who has processed or commented on an application, for the purpose of clarifying, updating, or completing the record. Unless otherwise provided in the referral, the agency or department shall respond within 30 calendar days or it shall be presumed to have no comment on the application.

All correspondence received and copies of correspondence sent by departments or officials processing applications shall be included in the record. The substance of any relevant oral communications held by staff with a public agency processing applications, regarding the merits of a pending evidentiary case, shall be reduced to writing and included in the record of that case.

The Planning Board or Zoning Hearing Examiner, as appropriate, shall prepare a list of persons of record, which shall be made a part of the record.

During an evidentiary public hearing on a pending Zoning Map Amendment, the Zoning Hearing Examiner may take testimony for a less intense zone than what is requested by the applicant if:

1. (1)
   The zone has been recommended by the Planning Board;
2. (2)
   The Planning Board has not made a recommendation and the zone has been recommended by the Technical Staff; or
3. (3)
   The application has been remanded pursuant to Section 27-3601(c)(8)(B).

1. (1)
   The Planning Board or Zoning Hearing Examiner, as appropriate, may continue or recess a case.
2. (2)
   A case may be continued for good cause after it has been advertised for hearing.
3. (3)
   After a hearing has begun, a case may be recessed for the receipt of additional evidence and upon such conditions or limitations or subject to such additional requirements or hearings as due process may require.
4. (4)
   If no new hearing date is set for a continued or recessed case at the time of continuance or recess, all parties of record shall be sent written notice of a new date at least twenty (20) days prior to the new hearing date.
5. (5)
   The People's Zoning Counsel, in any matter described in 27-3309(b)(1), or any person of record may request the continuance of a hearing under this Subsection. For zoning map amendments and special exceptions only, the Zoning Hearing Examiner may continue a hearing if a required Technical Staff Report or Planning Board recommendation has not been filed within 30 days of the scheduled hearing. If a continuance is granted for this reason, the ZHE may not hear the case for at least 30 days after the Technical Staff Report is filed.

1. (1)
   Once a case has been fully heard, the Planning Board or Zoning Hearing Examiner, as appropriate, may take it under advisement to render a decision. Thereafter, no new evidence may be entered into the record, except:

   1. (A)
      If good cause is shown why the evidence was not previously presented into the record; or
   2. (B)
      The evidence is presented pursuant to a remand of the District Council; and
   3. (C)
      All persons of record are afforded the opportunity to present evidence in rebuttal.
   4. (D)
      Notwithstanding the above subparagraphs (A) through (C), the Planning Board or Zoning Hearing Examiner, as may be appropriate, may deny admission of additional evidence upon a finding that its probative value is outweighed by any cumulative effect, undue prejudice, or delay in the proceedings.

1. (1)
   The Zoning Hearing Examiner’s decision may be reconsidered on request filed by either the applicant or other person of record within 30 days after the date of notice of the final decision. If the Zoning Hearing Examiner does not grant the request for reconsideration within 30 days following receipt of the request, the request is denied.
2. (2)
   The Zoning Hearing Examiner may only reconsider the decision if it finds that an error in reaching the original decision was caused by fraud, surprise, mistake, or inadvertence.
3. (3)
   The party filing the request for reconsideration of the Zoning Hearing Examiner's decisions shall, upon filing the request, send a copy to all other persons of record, the applicant (if the applicant is not a person of record), and all municipalities within one mile of the land subject to the application. If the Zoning Hearing Examiner determines there is grounds to reconsider their final decision, it shall schedule a hearing on the request.
4. (4)
   After the close of the hearing record, the Zoning Hearing Examiner shall file a new decision or recommendation.
5. (5)
   The Planning Board's Rules of Procedure shall govern reconsiderations of its final decisions, but no such final decision shall be eligible for reconsideration, by waiver of its rules or otherwise, more than one year following the date of the Planning Board's approval of the resolution memorializing such final decision.

1. (1)
   Applicability

   The Zoning Hearing Examiner shall dismiss any case that it has the power to hear that is withdrawn through inaction in accordance with Section 27-3405(b)(2), Withdrawal through Inaction, or has not reached public hearing by or within three years after the application was filed. The Zoning Hearing Examiner may (for good cause) grant extensions of that time period. More than one extension may be granted. Each extension may be for not more than six months.

2. (2)
   Order of Dismissal

   An order of dismissal shall be in writing unless the application is withdrawn through inaction. A copy of the order shall be sent to all persons of record.

   1. (A)
      Written Notice to Applicant

   At least 30 days prior to dismissal, Zoning Hearing Examiner, shall send written notice of the proposed dismissal date to the applicant, the landowner, municipalities within one mile of the land subject to the application, and correspondent (at their addresses of record).

   2. (B)
      Appeals of Dismissal Notice

   1.  
      1. (i)
         The order of dismissal terminates all proceedings in the case, unless appealed by the applicant or owner within 30 days after the date of dismissal. If the Zoning Hearing Examiner is charged with issuing a recommendation, the appeal shall be filed with the review board charged with rendering a final decision. If the Zoning Hearing Examiner is the final decision maker, the Zoning Hearing Examiner shall treat the appeal as an application to reconsider its decision to dismiss the application.
      2. (ii)
         Each appeal shall be in writing and shall state specifically why the case should not be dismissed. An appellant shall give notice of the appeal to all persons sent notice of the order.
      3. (iii)
         The District Council shall consider the appeal within 90 days of its filing. The District Council shall give at least ten days notice of the time and place of the meeting at which the appeal or reconsideration will be considered. The notice shall be sent to the appellant and all other persons who were given notice of the order of dismissal.
      4. (iv)
         The appellant shall have the opportunity to appear before the District Council to show why the case should not be dismissed.
      5. (v)
         The District Council shall either uphold the order of dismissal, or shall reverse the order and remand the case to the Zoning Hearing Examiner for further processing, or (if the application is treated as a reconsideration) shall hear the application.

Before making its decision on any appeal, or a request to grant additional time to cease a violation, the BOA shall hold an evidentiary hearing on the matter.

1. (1)
   Appeals may be made by any person (known in this Part as the "appellant") who alleges that he is aggrieved by the refusal of a permit, by the issuance of a zoning violation notice, or other decision made in administering this Subtitle, except for a civil citation issued in accordance with Subtitle 28 of this Code. The appellant shall notify the BOA within five (5) business days after the refusal of the permit, issuance of the notice, or other decision. For purposes of this subsection, "issuance of a zoning violation" means the earlier of the date of posting, the date of personal service, or if mailed, the date that the notice was postmarked.
2. (2)
   Appeals involving a variance shall be filed with the BOA only after the Department of Permitting, Inspections, and Enforcement refuses to issue a building or use and occupancy permit, or after it is alleged that the permit has been issued in error. The BOA may waive this requirement and allow the filing of the appeal prior to any action on the permit.
3. (3)
   Appeals and requests to grant additional time to cease a violation shall be provided by the Appellant. All information required on the documents shall be furnished by the appellant. The documents shall be filed with the Board Administrator. The Board Administrator shall not accept any document or form which is incomplete.
4. (4)
   Appeals and requests to grant additional time to cease a violation shall be numbered sequentially, docketed, and scheduled to be heard by the BOA. The schedule shall be posted conspicuously in public view at least five (5) days prior to the hearing date.

1. (1)
   The appellant shall pay the Board Administrator all expenses of the appeal, including the cost estimated by the Board Administrator for sending notices and advertising. An application fee shall also be paid to the Board Administrator in accordance with Section 27-8300, Fees. A separate fee for the cost of public notice signs shall be paid to Prince George’s County, Maryland in accordance with Section 27-8300, Fees. The fees are nonrefundable unless (upon request of the appellant) the BOA finds that the fee was paid by mistake. All fees must be paid at the time of filing, except as provided.
2. (2)
   In lieu of the fee the appellant may submit an affidavit claiming that payment of the fee would be an extreme financial hardship. The hardship may only be claimed by a natural person. The affidavit shall contain the information required by the County Director of Finance and any other pertinent facts which the appellant feels are necessary.
3. (3)
   Upon filing the affidavit, the Board Administrator shall transmit it to the Director of Finance (or his designee) who shall (within ten (10) working days) determine whether payment of the fee is an extreme financial hardship on the appellant. Should the Director find that hardship does not exist, the appellant shall be required to pay the fees before the appeal may be heard by the BOA.

1. (1)
   At least fifteen (15) days' notice of the date, time and place of the hearing shall be sent by certified mail to the appellant, to the agency whose decision is the subject of the appeal, and to the owners of abutting property (including those properties directly across a street, alley, or stream).
2. (2)
   In the case of a request to grant additional time to cease a violation, notice shall also be sent to the Zoning Enforcement Officer who shall also notify all persons who have made written or oral complaints concerning the violation.
3. (3)
   When the property is located within the boundaries of an incorporated municipality, notice of the time and place of the hearing shall be sent to the municipality at least fifteen (15) days prior to the date of the hearing. The municipality may waive the fifteen (15) day period for either all appeals or any one appeal.
4. (4)
   The BOA may send notice of the hearing to other interested persons, organizations, or agencies.
5. (5)
   All notices shall contain:

   1. (A)
      The name of the appellant;
   2. (B)
      The date, time, and place of the hearing; and
   3. (C)
      A brief statement describing the specific nature of the appeal.
6. (6)
   All variances must be posted. Other zoning appeals are posted only in Nonresidential base zones. Administrative appeals do not require posting. The appellant shall post the property with a durable sign at least fifteen (15) days prior to the scheduled hearing date. The sign shall be provided by the BOA and posted in accordance with this Section.
7. (7)
   All signs posted shall be conspicuous and legible for at least fifteen (15) days prior to the hearing.
8. (8)
   The appellant shall file an affidavit with the BOA stating that the required sign(s) was posted on the property in accordance with the procedures of this Subsection, and that the sign remained on the property for the fifteen (15) consecutive days preceding the hearing.
9. (9)
   Notices of variance requests from Chesapeake Bay Critical Area Overlay Zone requirements concerning property within the Chesapeake Bay Critical Area Overlay Zones shall be heard and, as appropriate, approved by the Planning Board.
10. (10)
    Notices of variance requests concerning requirements applicable to cluster developments, except home improvements as defined in Section 27-2500, Definitions, shall be sent to the Planning Director for review and comment within five (5) days of filing with the BOA.

1. (1)
   The BOA may adopt rules of procedure consistent with the provisions of this Subtitle.
2. (2)
   The BOA shall keep minutes of its proceedings.
3. (3)
   Hearings may be adjourned and continued. If the date, time, and place of the continued hearing is publicly announced at the time of the adjournment, no further notice of the continuation shall be required. If the date, time, and place is not publicly announced at the time of the adjournment, notice shall be given in the same manner as with the original hearing.

4. (4)
   All actions of the BOA shall be taken by resolution, in which at least two (2) members must concur. Each resolution shall contain a statement of the grounds and findings forming the basis of the action. The text of the resolution and record of members' votes shall be incorporated into the minutes or other records of the Board.

1. (1)
   Variances

   Request must be submitted in writing to the Board Administrator no later than 3:00 p.m. prior to the scheduled hearing. Appellant may incur re-advertisement fees if a new hearing date is not confirmed at the time of the request.

2. (2)
   Appeals

   Request must be submitted in writing to the Board Administrator no later than 3:00 p.m. prior to the scheduled hearing. After the Board Administrator confirms the continuance request with the appropriate County Agency, the Board Chair will then make the determination of the continuance request. Appellant may incur re-advertisement fees for a new hearing date if not confirmed at the time of the request.

With the exception of zoning cases for which an alternative appeal process is otherwise specified, any person of record or the People’s Zoning Counsel may file with the District Council, within thirty (30) days after the Zoning Hearing Examiner files a notice of decision on a zoning case or the date the Planning Director mails notice of the Planning Board's decision on a detailed site plan application:

1. (1)
   An appeal from the Zoning Hearing Examiner’s decision in a special exception case finally decided by the Zoning Hearing Examiner;
2. (2)
   Exceptions to the Zoning Hearing Examiner’s decision in any other zoning case; or
3. (3)
   A request for oral argument before the District Council on either the Zoning Hearing Examiner's or Planning Board's decision.

1. (1)
   Exceptions, appeals, and requests for oral argument shall be submitted (in writing) to the Clerk of the District Council. A copy shall be sent by the submitter to all persons of record (by regular mail), and a certificate of service shall accompany the submission to the Clerk.
2. (2)
   Exceptions, appeals, and requests for oral argument shall be numbered in sequence and shall specify the error which is claimed to have been committed by the Examiner. Those portions of the record relied upon to support the claim shall be specified.

1. (1)
   The District Council shall consider the exception or appeal at the time it takes final action on the case.
2. (2)
   The District Council may conduct oral argument in those zoning cases which the District Council elects to review and in those zoning cases in which an appeal or exception are not filed and the Council must make the final decision.

When a request for oral argument is filed by a person of record, all other persons of record may also make oral argument or written submission in opposition. Copies of any written material to be submitted in support of this opposition position shall be filed with the Clerk of the Council (along with a certification of service upon the persons requesting oral argument) no later than five (5) days before the oral argument case.

Oral argument at the hearing shall be limited to thirty (30) minutes for each side, unless extended by the Chairman of the Council. Persons wishing to give oral argument shall advise the Clerk of the Council prior to the hearing. Prior to the hearing, the Chairman shall divide the time, as deemed appropriate, and advise the speakers accordingly.

Persons of record may not introduce evidence not already in the record. The Council may, however, either upon written request by a person of record or upon its own motion, remand a case to the Zoning Hearing Examiner for the purpose of reopening the record to receive and evaluate additional evidence (see Section 27-3409(d), Remand). In addition, the Council may take judicial notice of any evidence contained in the record of any earlier phase of the approval process relating to all or a portion of the same property, including the approval of a preliminary plat of subdivision.

1. (1)
   The order of presentation before the Council (unless otherwise specified by the Chairman) shall be:

   1. (A)
      Orientation by the Technical Staff and the Principal Counsel to the District Council (or an authorized representative);
   2. (B)
      Oral argument against the decision of the Examiner;
   3. (C)
      Oral argument in favor of the decision of the Examiner;
   4. (D)
      Rebuttal by those against the decision;
   5. (E)
      Rebuttal by those in favor of the decision.
2. (2)
   Oral argument shall be limited to persons of record, the People’s Zoning Counsel, and those individuals who testified before the Zoning Hearing Examiner.

1. (1)
   Conduct of Meetings

   1. (A)
      Call to Order

   1.  
      1. (i)
         The Chairman shall take the chair at the day and hour to which the District Council was adjourned at its last sitting. On the appearance of a quorum, the Chairman shall immediately call the members to order. In the absence of both the Chairman and Vice Chairman for ten (10) minutes after the time set for the meeting, and if a quorum is present, the District Council shall still convene. In this latter case the members shall designate a presiding officer.
      2. (ii)
         Not later than ten (10) minutes after the time set for the meeting, the roll shall be called, and members shall signify their attendance by responding. Following the roll call, the Chairman shall announce for the record (consistent with paragraph 27-3414(h)(1)(B)(ii), below) information he has received relating to the absence of any Council member from the session.
      3. (iii)
         In the absence of a quorum at ten (10) minutes after the time set for the meeting, the Clerk shall record the names of the members present. This record shall constitute the list of members present at the appointed time, and shall be in lieu of the roll call prescribed in paragraph (ii), above.
      4. (iv)
         When a meeting of the District Council has been preceded by a meeting of the County Council on the same day, paragraphs (ii) and (iii), above, shall not apply.

   2. (B)
      Minutes

   1.  
      1. (i)
         When paragraphs (A)(ii) and (A)(iii), above, applies, the Clerk shall enter into the minutes the record of attendance and the arrival time at the meeting of a member previously marked absent.
      2. (ii)
         The minutes may contain an explanation of a member’s absence only in the case of illness, personal emergency, or other County governmental business.

   3. (C)
      Record of Vote

   1.  
      1. (i)
         The vote, abstention, or absence of each Council member shall be recorded on every issue where a vote is taken.
      2. (ii)
         Members must be physically present at the District Council meeting at the time the vote is taken in order to vote.
      3. (iii)
         The Chairman shall promptly announce the results of every vote.

   4. (D)
      Voting and Attendance Records

   1.  
      1. (i)
         The Clerk shall maintain a voting and attendance log for each Council member on a form identified as “Voting and Attendance Record.” The following votes shall be by roll call, and shall be reflected in the log:

         27. (aa)
             Final action on zoning cases to be decided by the Council;
         28. (bb)
             Remand of any zoning cases to the Zoning Hearing Examiner or Planning Board;
         29. (cc)
             Any motion for reconsideration;
         30. (dd)
             Any District Council instructions for the preparation of findings of fact and conclusions, or other relative documents, necessary for use by the Council in taking action.
2. (2)
   Quorum

   The presence of a majority of the Council (excluding vacancies) shall constitute a quorum to act on zoning case; however, two-thirds (2/3) of the full Council shall constitute a quorum to act on a final decision on any zoning case requiring a favorable vote of two-thirds (2/3) of the full Council.

3. (3)
   Voting Requirements

   The voting requirements for action by the Council shall be as follows:

   1. (A)
      A majority vote of those members present and voting shall be necessary to remand any zoning map amendment or special exception application to the office of the Zoning Hearing Examiner or to the Planning Board (see Section 27-3409(d), Remand).
   2. (B)
      A majority vote of the full Council shall be necessary to take final action on any zoning case or any other zoning matter, except where an affirmative vote of two-thirds (2/3) of the full District Council is required.
   3. (C)
      The Council may only approve a zoning map amendment which conflicts with the land use proposals or requirements of either the map or the text of an approved Area Master Plan or Sector Plan upon the affirmative vote of two-thirds (2/3) of the full Council.
   4. (D)
      The Council may only approve a zoning map amendment or special exception application contrary to the recommendation of a municipality containing the subject land within its boundaries upon the affirmative vote of two-thirds (2/3) of the members of the full Council.
4. (4)
   Time Limits on Final Action

   1. (A)
      A motion for final action in any zoning matter before the District Council which fails to obtain the required majority shall be set aside, and it or any other motion for final action may be subsequently considered within the following time periods:

   1.  
      1. (i)
         In a zoning case not finally decided by the Zoning Hearing Examiner, the Council shall make its decision finally disposing of the application within one hundred twenty (120) days after the Zoning Hearing Examiner files his/her decision with the Clerk of the Council, or within one hundred fifty (150) days if oral argument is requested.
      2. (ii)
         In any other zoning matter (except legislative amendments), the District Council shall make its decision finally disposing of the application within sixty (60) days after it first considers the matter, unless otherwise provided.
      3. (iii)
         The District Council may take final action in any zoning case immediately after the Zoning Hearing Examiner’s decision has been filed, if all persons of record and the People’s Zoning Counsel waive (in writing) their rights to file exceptions and request oral argument as provided for in Sections 27-3414(a)(2) or 27-3414(a)(3)).

   2. (B)
      If the District Council fails to render a final decision in accordance with the time limit and voting requirements of this Section, the application shall be considered to have been denied, unless otherwise specified in this Subtitle. This shall not be applicable to the adoption of legislative amendments.
5. (5)
   Subpoena Powers

   The District Council shall have the power to issue subpoenas for witnesses and documents in all zoning cases. The subpoenas shall be served in the manner provided by the Maryland Rules of Civil Procedure for service in the Circuit Courts of this State. No person shall disobey or fail to answer the subpoena. A witness may be excused from attendance if he can show that his placement under subpoena was frivolous or oppressive.

6. (6)
   Jurisdiction

   1. (A)
      Except in certain zoning applications, the District Council shall exercise original jurisdiction when deciding an appeal to the District Council, or when the Council elects to review a disposition recommendation of the Zoning Hearing Examiner, or a decision of the Planning Board.
   2. (B)
      For any appeal or review of a decision made by the Zoning Hearing Examiner or the Planning Board, the Council may, based on the record, approve, approve with conditions, remand, or deny the application.

If explicitly permitted for the particular type of application (see Section 27-3500, Legislative Amendments, Area Master Plans, and Sectional Map Amendment Review Procedures and Decision Standards, and Section 27-3600, Application-Specific Review Procedures and Decision Standards), approval of an application may be subject to conditions of approval.

Any conditions of approval shall be expressly set forth in the approval, shall be limited to conditions deemed necessary to ensure compliance with the requirements and particular standards of this Ordinance, and shall relate in both type and scope to the anticipated impacts of the proposed development. When a special exception is approved, any requirements for conditions deemed necessary to protect adjacent properties and the general neighborhood may be added.

Requirements

1. (1)
   Conditions become a permanent part of the development approval or permit, and are binding as long as the zone remains in effect (in the case of zoning map amendments (ZMA)) or the development approval or permit remains valid.
2. (2)
   A condition of approval imposed is mandatory. Failure to comply with any condition of approval constitutes a violation of this Ordinance, and is grounds for the County to:

   1. (A)
      Annul the development approval or permit, including any zoning map amendment (ZMA);
   2. (B)
      Revoke a permit;
   3. (C)
      Institute appropriate civil or criminal proceedings in accordance with PART 27-8: Enforcement; or
   4. (D)
      Institute any other action necessary to obtain compliance.

1. (1)
   Minor amendments to detailed site plans (Section 27-3605(d)(11)(B))
2. (2)
   Sign permit (Section 27-3606);
3. (3)
   Temporary use permit (Section 27-3607);
4. (4)
   Use and occupancy permit (Section 27-3608);
5. (5)
   Zoning certification (Section 27-3609);
6. (6)
   Interpretation (Section 27-3612);
7. (7)
   Validation of permit issued in error (Section 27-3615);
8. (8)
   Authorization of permit within proposed right-of-way (ROW) (Section 27-3617); and
9. (9)
   Certification of nonconforming use (Section 27-3618).

1. (1)
   Comprehensive plans and amendments (Section 27-3502);
2. (2)
   Sectional map amendments (Section 27-3503);
3. (3)
   Zoning map amendment (ZMA) (Section 27-3601);
4. (4)
   Planned development (PD) Zoning Map amendment (Section 27-3602);
5. (5)
   Chesapeake Bay Critical Area Overlay zoning map amendment (CBCAO) (Section 27-3603);
6. (6)
   Detailed site plan (Section 27-3605(d));
7. (7)
   Variances associated with a parent application (Section 27-3613);
8. (8)
   Minor departure (Section 27-3614(c));
9. (9)
   Major departure (Section 27-3614(e));
10. (10)
    Special exception (Section 27-3604); and
11. (11)
    Minor change to approved special exception (Section 27-3604(i)).

1. (1)
   Variances not associated with a parent application (Section 27-3613); and
2. (2)
   Appeals to BOA (Section 27-3616).

1. (1)
   Approval of a development application in accordance with this Part authorizes only the particular use, plan, or other specific activity approved, and not any other development requiring separate application and approval.
2. (2)
   Approval of a development application in accordance with this Part invalidates any previously-approved development application of the same type for the same property that would otherwise allow a development alternative for the same property.
3. (3)
   In the event that one development approval or permit is a prerequisite to another development approval or permit (e.g., variance approval prior to a detailed site plan approval), development may not take place until all required approvals or permits are obtained. Approval of one development application does not necessarily guarantee approval of any subsequent development application.

Unless specified in the procedure for the particular type of development application in Section 27-3500, Legislative Amendments, Area Master Plans, and Sectional Map Amendment Review Procedures and Decision Standards, and Section 27-3600, Application-Specific Review Procedures and Decision Standards, an amendment of a development approval or permit may only be reviewed in accordance with the procedures and standards established for its original approval.

1. (1)
   Generally

   Development approvals and permits expire as provided in Section 27-3500, Legislative Amendments, Area Master Plans, and Sectional Map Amendment Review Procedures and Decision Standards, and Section 27-3600, Application-Specific Review Procedures and Decision Standards, for each type of development approval or permit. If no expiration period is provided for the specific type of development approval or permit, and if no expiration period is imposed as part of the approval by the decision-making body or official, the development approval or permit expires if a use and occupancy permit authorizing the approved development is not obtained within two years after the effective date of approval.

2. (2)
   Change in Ownership Does Not Affect Rights

   A change in ownership of the land that is the subject of a development approval or permit does not affect the established expiration time period for the development approval or permit.

3. (3)
   Extension

   Unless stated to the contrary in Section 27-3500, Legislative Amendments, Area Master Plans, and Sectional Map Amendment Review Procedures and Decision Standards, and Section 27-3600, Application-Specific Review Procedures and Decision Standards, a one-year extension of the expiration time period for a specific development approval or permit may be granted by the decision-making body or person that granted the development approval or permit upon the applicant’s submission of a written request for extension to the decision-making body before the expiration date, and a showing of good cause.

1. (1)
   Generally

   1. (A)
      Unless otherwise stated for a specific application type in Section 27-3500, Legislative Amendments, Area Master Plans, and Sectional Map Amendment Review Procedures and Decision Standards, and Section 27-3600, Application-Specific Review Procedures and Decision Standards, no new application for the same development for which an application was denied under this Ordinance may be filed on the same land until two years have elapsed after final action (including appellate review).
   2. (B)
      The owner of land that is the subject of a development application that was denied, or the owner’s authorized agent, may submit a written request for waiver of the time limit established in Subsection 27-3418(d)(1)(A) above, along with a fee to defray the cost of processing the request, to the Planning Director, who shall transmit the request to the decision-making body. The decision-making body may grant a waiver of the time limit only on a finding by at least two-thirds of its membership of one or more of the following:

   1.  
      1. (i)
         There is a substantial change in circumstances relevant to the issues or facts considered during review of the application that might reasonably affect the application of the relevant review standards to the development proposed in the application;
      2. (ii)
         New or additional information is available that was not available at the time of review that might reasonably affect the application of the relevant review standards to the development proposed in the application;
      3. (iii)
         The new application proposed to be submitted is not substantially the same as the prior application; or
      4. (iv)
         The final decision on the application was based on a material mistake of fact.

This Section establishes a uniform mechanism to amend the text of this Ordinance.

This Section establishes a uniform mechanism to adopt and amend the General Plan, Area Master Plans, Sector Plans, and Functional Master Plans.

These plans shall be adopted or amended in accordance with the procedures and standards of this Section. A sectional map amendment may be prepared for concurrent review and approval with the adoption of an Area Master Plan or Sector Plan including major or minor amendments to an Area Master Plan or Sector Plan (see also Section 27-3503, Sectional Map Amendment (SMA)).

Initiation

1. (1)
   A General Plan, Area Master Plan, Sector Plan, or Functional Master Plan, or a major amendment to an Area Master Plan, Sector Plan, or Functional Master Plan, shall only be initiated by:

   1. (A)
      The District Council, by directing the Planning Board to initiate the process to adopt or amend a comprehensive plan, by resolution; or
   2. (B)
      The Planning Board, with the written authorization of the District Council, by resolution.
2. (2)
   The District Council Resolution initiating a General Plan, Area Master Plan, Sector Plan, or Functional Master Plan, or a major amendment to an Area Master Plan, Sector Plan, or Functional Master Plan, shall include approved goals, concepts, and guidelines; a public participation program to encourage public participation; and the timeframes for preparation and approval of the plan. Such timeframes may be revised prior to permission to print and release the staff draft plan for public review by the District Council by resolution.

   1. (A)
      The Resolution shall designate the area involved. Sectional Map Amendments, if included, shall consist of the same area as that of the associated Area Master Plan or Sector Plan or the area of the existing plan covered by a proposed major amendment.
   2. (B)
      The Resolution and any descriptive data shall be available for public inspection at the office of the Planning Board.
   3. (C)
      The Resolution shall be advertised in the County newspaper of record for at least two (2) successive weeks after its adoption.
3. (3)
   In the case of a major amendment to an Area Master Plan, Sector Plan, or Functional Master Plan, the Council's authorization or Resolution shall specify the area of the existing plan to be covered by the major amendment.

1. (1)
   In preparing the General Plan, Area Master Plan, Sector Plan, or Functional Master Plan, or a major amendment to an Area Master Plan, Sector Plan, or Functional Master Plan, (hereinafter staff draft plan), and potential concurrent sectional map amendment (with either an Area Master Plan, Sector Plan , or proposed major amendment to such a plan only), if appropriate, the Planning Director shall coordinate efforts with appropriate Federal, State, and County agencies.
2. (2)
   After completion of the staff draft plan, the Planning Director shall forward the plan, and proposed sectional map amendment, if included, to the Planning Board for its review. The plan, and proposed sectional map amendment, if included, shall be made available for public review and copying in the office of the Planning Director, and placed on the M-NCPPC website.
3. (3)
   A copy of the staff draft plan, and proposed sectional map amendment, if included, shall be transmitted to the County Executive and each municipality whose territorial boundaries are within or are located within one mile of that area. The County Executive and the municipalities shall be advised to refer their comments on the staff draft plan, and proposed sectional map amendment, if included, to the Planning Board at the scheduled public hearing(s). Each municipality shall have 60 days to provide its recommendation on any proposed rezoning recommended in the proposed sectional map amendment, if included, for property within its corporate boundary. The failure of the County Executive to submit comments or a recommendation prior to the close of the public hearing record shall be presumed to indicate no objection.
4. (4)
   The Planning Board shall grant permission to print the staff draft plan not more than eighteen (18) months after the District Council directs its preparation.
5. (5)
   If additional time is needed to prepare the staff draft plan and/or proposed sectional map amendment beyond the eighteen (18) months preparation time specified herein, the Planning Board shall notify the District Council. If the District Council concurs, they shall grant an appropriate amount of time to perform the additional analysis, in accordance with Section 27-3502(c)(2).

Required (see Section 27-3407, Scheduling of Hearings and Public Notice).

1. (1)
   The District Council and the Planning Board shall conduct at least one joint public hearing on the published staff draft plan and, if included, the proposed sectional map amendment in accordance with Section 27-3407, Scheduling of Hearings and Public Notice and after a minimum of 30 days notice by publication in a newspaper of general circulation in the County and on the County’s website.
2. (2)
   The Planning Board shall provide notice of the hearing(s) on the published staff draft plan, and proposed sectional map amendment, if included, in accordance with Section 27-3407, Scheduling of Hearings and Public Notice, except:

   1. (A)
      The published notice shall also state:

   1.  
      1. (i)
         The subject matter of the hearing;
      2. (ii)
         The procedures to be followed during the hearing;
      3. (iii)
         The Affidavit and Ex Parte Disclosure requirements, and location of compliance forms, required by State law and the County Code; and
      4. (iv)
         The period of time during which the hearing record will remain open following the joint public hearing shall not be less than 15 days nor greater than 30 days.

   2. (B)
      The mailed notice shall also include:

   1.  
      1. (i)
         An invitation to comment on the plan; and
      2. (ii)
         A statement advising that either concurrently or after approval of an Area Master Plan or Sector Plan by the District Council, a sectional map amendment for the area could result in a rezoning of land which could affect property values and property taxes.

   3. (C)
      The mailed notice shall be for informational purposes only, and failure of the Planning Board to send, or the landowner to receive, the notice shall not invalidate the adoption or approval of the staff draft plan, or sectional map amendment, if included.

1. (1)
   The Planning Board shall hold public hearing(s) on the staff draft plan, and proposed sectional map amendment, if included. At least one public hearing shall be a joint hearing with the District Council on the staff draft plan and proposed sectional map amendment, if included, as required by Section 27-3502(e)(1), above.
2. (2)
   The testimony received at the public hearing(s) shall be made a part of the record. Exhibits introduced at any time prior to the close of the record shall be identified sequentially and maintained as part of the record. The hearing record shall remain open for at least fifteen (15) days but not more than thirty (30) days following the hearing.
3. (3)
   The Planning Board may permit the inclusion of additional evidence in the record more than 30 days following the hearing, upon motion and majority vote of the members present at any meeting or work session on the plan and/or proposed sectional map amendment, under the following conditions:

   1. (A)
      New evidence permitted to be presented orally or in writing at the initial meeting or work session shall not be considered as a part of the record unless summarized in writing by the speaker and submitted for the record on that date. Should such new evidence be presented, the Planning Board may schedule a final meeting or work session no sooner than two weeks later to review staff analysis of new evidence, decide if such evidence shall be admitted to the record, and vote on the potential inclusion of the evidence and staff’s analysis; and
   2. (B)
      Should the Planning Board schedule a final meeting or work session on new evidence, public testimony shall be limited to the topics contained in the evidence.
4. (4)
   Within ninety (90) days of the close of the public record for the Joint Public Hearing, the Planning Board may either adopt the staff draft plan or adopt the staff draft plan with amendments, remand the staff draft plan back to the Planning Director for further evaluation, or disapprove the staff draft plan. If a proposed sectional map amendment is also being considered, the Planning Board shall make a recommendation on the proposed sectional map amendment in accordance with Section 27-3503(b)(4), Review and Recommendation by Planning Board. The Planning Board’s adoption of the staff draft plan and recommendation on the proposed sectional map amendment shall be by resolution.
5. (5)
   Before the adoption of the staff draft plan, the Planning Board shall also submit its proposals for public facilities included in the plan to the District Council, the County Executive, and each municipality whose territorial boundaries are within or abut the area affected by the plan for review and comment.

   1. (A)
      The purpose of this public facilities referral is to identify inconsistences between the staff draft plan and any existing or proposed State or County facilities.
   2. (B)
      Such proposals for public facilities shall include, but not be limited to, roads, highways, parks and recreation facilities, or other public facilities.
   3. (C)
      The County Executive and District Council shall have sixty (60) days from the date of the referral to review the public facilities proposals, provide written comments, and identify any inconsistencies between the public facilities proposed in the staff draft plan and any existing or proposed State or County facilities.
   4. (D)
      In the event that any inconsistencies are revealed, the District Council shall direct the Planning Board on how the inconsistencies shall be eliminated or accommodated within the staff draft plan prior to adoption by the Planning Board.
6. (6)
   The Planning Board shall transmit:

   1. (A)
      The adopted plan and, if applicable, the endorsed sectional map amendment, to the District Council within thirty (30) days of adoption; and
   2. (B)
      A copy of the resolution and the adopted plan and endorsed sectional map amendment, if included, to the County Executive and to each municipality whose territorial boundaries are within or that is within one mile of that area.
7. (7)
   Upon transmittal to the District Council of an adopted plan which includes a proposal to change zones, the Planning Board shall postpone accepting or processing any rezoning applications within the subject plan area until after final action by the District Council on the adopted plan.
8. (8)
   Upon transmittal to the District Council of an endorsed sectional map amendment prepared concurrent to an Area Master Plan or Sector Plan or the area of the existing plan covered by a proposed major amendment, the acceptance and processing of zoning map amendments and certain permit applications shall be postponed pursuant to Section 27-3503(b)(4)(D).

1. (1)
   Within sixty (60) days following receipt of the adopted plan and endorsed sectional map amendment (with either an Area Master Plan or Sector Plan only), if appropriate, the District Council shall decide whether to conduct an additional joint public hearing with the Planning Board on the adopted plan and, if included, the endorsed sectional map amendment. Notice of this hearing shall be given by the Clerk of the Council in the County newspapers of record at least fifteen (15) days prior to the scheduled hearing and on the County’s website. Additionally, mailed notice shall be provided to all owners of land for which a change in zoning is proposed, each municipality whose territorial boundaries are within or are located within one mile of that area, and the County Executive.
2. (2)
   If the District Council considers amendments to the adopted plan and/or the endorsed sectional map amendment that are not based on the record before the Planning Board, then at least one additional joint public hearing shall be held with the Planning Board on the amendments, and endorsed sectional map amendment, if included. Amendments based on the record before the Planning Board or proposed only to retain the existing zone classification on land included in an endorsed sectional map amendment (with either an Area Master Plan or Sector Plan only) may be approved by the Council without holding an additional joint public hearing.
3. (3)
   If an additional joint public hearing is held pursuant to Section 27-3502(g)(2), notice of the hearing:

   1. (A)
      Shall be given by the Clerk of the Council in the County newspapers of record at least fifteen (15) calendar days prior to the scheduled hearing, except that the published notice shall also state that all property owners within the plan boundaries, each municipality whose territorial boundaries are within or are located within one mile of that area, and the County Executive are invited to submit comments on any amendments to the adopted plan. Failure of the County Executive to present comments or recommendations prior to the close of the public hearing record shall be presumed to indicate no objections to the amendments; and
   2. (B)
      Mailed notice shall be provided to all owners of land for which an amendment to the endorsed sectional map amendment is proposed and each municipality whose territorial boundaries are within or are located within one mile of the plan boundaries.
4. (4)
   All amendments proposed by the Council for which an additional join public hearing is required shall be referred to the Planning Board for its written comments, which shall be submitted to the Council following the joint public hearing on the amendments, but prior to its action on the amendments.
5. (5)
   The testimony received at the additional joint public hearing(s) shall be made a part of the record. Exhibits introduced at any time prior to the close of the record shall be identified sequentially and maintained as part of the record. The period of time during which the hearing record will remain open following the joint public hearing shall not be less than fifteen (15) days nor more than thirty (30) days.
6. (6)
   The District Council may also permit the inclusion of additional evidence in the record, upon motion and majority vote of the members present at any meeting or work session on the plan. New evidence permitted to be presented orally at any meeting or work session should be summarized in writing by the speaker and submitted for the record within the period of time specified by the Council.
7. (7)
   Within ninety (90) days following the final joint public hearing on proposed amendments, or within sixty (60) days of receipt of the adopted plan, and, if included, endorsed sectional map amendment should no joint public hearing be required, the District Council, in accordance with Section 27-3502(g)(11), and, if a sectional map amendment is included, Section 27-3503(b)(5), Sectional Map Amendment Decision Standards, shall:

   1. (A)
      Approve the adopted plan, and the endorsed sectional map amendment, if included, as submitted by the Planning Board;
   2. (B)
      Approve the adopted plan with changes, revisions or amendments based upon the record, and the endorsed sectional map amendment (with either an Area Master Plan or Sector Plan), if included, with changes, revisions or amendments (this shall not require re-adoption by the Planning Board);
   3. (C)
      Remand the adopted plan and the endorsed sectional map amendment (with either an Area Master Plan or Sector Plan only), if included, back to the Planning Board, with specific direction for issues they should consider; or
   4. (D)
      Disapprove the adopted plan, and the endorsed sectional map amendment (with either an Area Master Plan or Sector Plan only), if included.
8. (8)
   Approval of the adopted plan, and endorsed sectional map amendment (with either an Area Master Plan or Sector Plan only), if included, shall be by a majority of the full District Council, and shall be by resolution.
9. (9)
   If a concurrent sectional map amendment is included, a two-thirds majority vote of the full Council shall be required to approve any portion of the sectional map amendment that is contrary to the recommendation of a municipality concerning land within its boundaries. If the Council fails to obtain this two-thirds majority vote, the land may be rezoned to any alternate zone classification recommended by the municipality (in writing), provided that:

   1. (A)
      The zone classification is consistent with the adopted and approved Area Master Plan or Sector Plan or amendments thereto; or
   2. (B)
      The zone classification is the same as the one existing on the land prior to the endorsed sectional map amendment.
10. (10)
    Failure of the District Council to take action on the adopted plan, and endorsed sectional map amendment (with either an Area Master Plan or Sector Plan only), if included, within ninety (90) days following the final joint public hearing on amendments, or within sixty (60) days of receipt of the adopted plan, and, if included, endorsed sectional map amendment should no joint public hearing be required, constitutes denial of the adopted plan, and endorsed sectional map amendment, if included.
11. (11)
    A General Plan; or an Area Master Plan, Sector Plan, Functional Master Plan or major amendment thereto; should conform to the principles of orderly, comprehensive land use planning and staged development. The advisability of approving a General Plan; or an Area Master Plan, Sector Plan, Functional Master Plan, or major amendment thereto; is a matter committed to the legislative discretion of the District Council and is not controlled by any one factor. Prior to the approval of a General Plan; or an Area Master Plan, Sector Plan, Functional Master Plan, or major amendment thereto; the District Council shall consider all factors relevant to protecting the health, safety, and welfare of the citizens of the County.

1. (1)
   Final Adoption

   After approval of a General Plan; or an Area Master Plan, Sector Plan, Functional Master Plan, or major amendment thereto; by the District Council, the full Commission of the M-NCPPC shall take action to adopt the plan, and if a concurrent sectional map amendment is included, certify the zoning map.

2. (2)
   Publication and Filing

   After the Commission’s final adoption and approval of the approved plan, the Commission shall publish the approved plan and make it available to the public. In addition, an attested copy of every approved plan or sectional map amendment, if adopted, shall be certified by the Commission and filed with the Clerk of the Circuit Court for Prince George's County.

3. (3)
   Amendments

   An amendment of a comprehensive plan that exceeds the parameters of Subsection 27-3502(i), below, may only be reviewed in accordance with the procedures and standards established for its original approval.

4. (4)
   Evaluate Whether to Amend Area Master Plans or Sector Plans

   At least every six (6) years, the District Council shall evaluate, in accordance with State law, whether approved Area Master Plans or Sector Plans should or should not be amended, and provide the reasons for the decision in writing.

5. (5)
   Review and Evaluate General Plan

   The General Plan shall be reviewed and evaluated within two (2) years of the completion of each decennial census.

1. (1)
   Minor amendments of an Area Master Plan or Sector Plan, or Functional Master Plan, and sectional map amendments prepared concurrent with minor plan amendments (of an Area Master Plan or Sector Plan only) may be initiated by the District Council upon adoption of a written resolution, or by the Planning Board with District Council approval by written resolution. At the time of initiation of a minor plan amendment process, a joint public hearing date shall be scheduled to occur within sixty (60) days.

   1. (A)
      For a minor plan amendment without a sectional map amendment, notification for this joint public hearing shall be in accordance with the requirements in Section 27-3407, Scheduling of Hearings and Public Notice, for minor plan amendments.
   2. (B)
      For a minor plan amendment including the preparation of a sectional map amendment, notification for the joint public hearing shall also be in accordance with the requirements in Section 27-3407, Scheduling of Hearings and Public Notice, for sectional map amendments.
2. (2)
   A minor plan amendment may be utilized to advance defined public objectives, and shall be limited to:

   1. (A)
      A geographic area which is not more than fifty (50) percent of the applicable plan area, and not limited to a single parcel of land or landowner; and
   2. (B)
      Specific issues regarding public planning objectives; or
   3. (C)
      An action to correct errors in the text or maps in the applicable plan.
3. (3)
   In no instance, however, shall a minor amendment process be used to:

   1. (A)
      Rezone any land, unless a sectional map amendment is prepared and approved with the minor plan amendment;
   2. (B)
      Change a General Plan center designation;
   3. (C)
      Make any amendment that would require major transportation or public facilities analysis or revised water and sewer classification; or
   4. (D)
      Amend the County’s growth boundary.
4. (4)
   The Resolution initiating a minor amendment shall set forth the objectives required in paragraph 27-3502(i)(3) above, and specify the purpose and scope of the proposed minor plan amendment, and identify the date of the joint public hearing on the amendment.
5. (5)
   Following the joint public hearing, the Board shall take action on the proposed minor plan amendment to adopt, adopt with amendments, remand, or disapprove the minor plan amendment. If a sectional map amendment is also being considered concurrently with the minor plan amendment, the Planning Board shall make a recommendation on the sectional map amendment in accordance with Section 27-3503(b)(4), Review and Recommendation by Planning Board. The Planning Board’s adoption of the minor plan amendment and, if included, recommendation on the sectional map amendment shall be by resolution.
6. (6)
   The Planning Board shall transmit the adopted minor plan amendment, and, if included, endorsed sectional map amendment, and a Technical Staff Report analyzing the minor plan amendment, and if included, endorsed sectional map amendment, within one hundred twenty (120) days of the date of the close of the public record for the joint public hearing.

   1. (A)
      Upon transmittal of an endorsed sectional map amendment, the acceptance and processing of zoning map amendments and certain permit applications shall be postponed pursuant to Section 27-3503(b)(4)(F).
7. (7)
   The District Council shall, within ninety (90) days of the Planning Board’s transmittal, at a public meeting, approve, approve with revisions based solely on testimony received at the joint public hearing, or disapprove the minor plan amendment, and, if included, the endorsed sectional map amendment, and adopt a resolution on the minor plan amendment. A separate District Council vote and resolution shall be required for District Council action on an endorsed sectional map amendment, if included.
8. (8)
   The advisability of approving a minor plan amendment, and, if included, the endorsed sectional map amendment, is a matter committed to the legislative discretion of the District Council and is not controlled by any one factor. Prior to the approval of a minor plan amendment, and, if included, the endorsed sectional map amendment, the District Council shall consider all factors relevant to protecting the health, safety, and welfare of the citizens of the County.
9. (9)
   Failure of the District Council to approve or disapprove the minor plan amendment, and, if included, the endorsed sectional map amendment within ninety (90) days of receipt of the Planning Board’s recommendation shall constitute disapproval of the minor plan amendment and/or the endorsed sectional map amendment.
10. (10)
    After approval of a minor amendment by the District Council, the Planning Board shall publish the revisions to the plan made in the minor amendment, along with the minor amendment, and make it available to the public. In addition, an attested copy of the minor amendment shall be adopted and, if included, the zoning map for the sectional map amendment shall be certified by the Commission and filed with the Clerk of the Circuit Court for Prince George's County.

1. (1)
   When General Plan amendments and Functional Master Plans (and amendments thereof) are approved after the adoption and approval of Area Master Plans or Sector Plans, they shall amend the Area Master Plans or Sector Plans only to the extent specified in the approved amendment and/or in the resolution of approval.
2. (2)
    When Area Master Plans or Sector Plans, or amendments thereof, are approved after the adoption and approval of the General Plan and/or any Functional Master Plan(s), they shall amend the General Plan and/or Functional Master Plan(s) as specified in the approved Area Master Plan or Sector Plan, or amendment thereof, and/or the resolution of approval.
3. (3)
   Any Area Master Plan or Sector Plan may designate, delete, or amend General Plan center or policy area designations or the County’s growth boundary. Any Functional Master Plan for rural, agricultural, natural resource, and/or environmental conservation may also amend policy area designations or the County's growth boundary. These actions shall constitute amendments to the General Plan unless otherwise stated by the District Council.

1. (1)
   Generally

   A sectional map amendment shall be initiated to comprehensively rezone land within Prince George's County. Sectional map amendments shall be limited to planning areas, combinations of planning areas, portions of planning areas, or portions of areas subject to an Area Master Plan or Sector Plan or amendment thereto. In a sectional map amendment, land may be reclassified to any zone established in this Ordinance, except as provided in Section 27-3503(a)(4) below.

2. (2)
   With Area Master Plan or Sector Plan

   A sectional map amendment may be prepared and reviewed concurrently with an Area Master Plan or Sector Plan, in accordance with Section 27-3502, General Plan, Functional Master Plans, Area Master Plans, and Sector Plans.

3. (3)
   Military Installation Overlay Zone (MIO Zone)

   The Military Installation Overlay Zone (MIO Zone) shall be amended only in accordance with this Subsection following the issuance of an Air Installation Compatibility Use Zone Study, as amended from time to time, by the Department of Defense.

4. (4)
   Prohibited Rezonings Via Sectional Map Amendments

   A map amendment to the following zones shall not be established through a sectional map amendment:

   1. (A)
      The CBCAO Zone;
   2. (B)
      The APAO Zone;
   3. (C)
      A PD zone;
   4. (D)
      The RMH, LCD, LMXC, and LMUTC zones; or
   5. (E)
      If the land subject to the proposed amendment is wholly or partially within the Safety Zones of the MIO Zone, the following zones:

      1. (i)
         Any Transit-Oriented/Activity Center base zone;
      2. (ii)
         The RMF-12, RMF-20, RMF-48, CGO, CN, or CS zones;
      3. (iii)
         A more-intense residential zone than the current residential zone on the property; or
      4. (iv)
         If land is classified in a Rural and Agricultural or Residential base zone, a more intense Rural and Agricultural or Residential base zone.
   6. (F)
      The ROS Zone, if the land subject to the proposed amendment is not publicly-owned, unless the landowner has requested or consented, in writing, to the amendment.
5. (5)
   Limitation on Zoning

   No property may be zoned to a less intense category (see Section 27-4102(b)) if:

   1. (A)
      The property has been zoned by zoning map amendment within five (5) years prior to the initiation of the sectional map amendment or during the period between initiation and transmittal to the District Council, and the property owner has not consented (in writing) to the zoning; or
   2. (B)
      Based on existing physical development at the time of adoption of the sectional map amendment, the zoning would create a nonconforming use. This zoning may be approved, however, if there is a significant public benefit to be served by the zoning based on facts peculiar to the subject property and the immediate neighborhood. In recommending the zoning, the Planning Board shall identify these properties and provide written justification supporting the zoning at the time of transmittal. The failure of either the Planning Board or property owner to identify these properties, or a failure of the Planning Board to provide the written justification, shall not invalidate any District Council action in the approval of the sectional map amendment.

This Subsection identifies additions or modifications to the standard review procedures in Section 27-3400, Standard Review Procedures, that apply to a sectional map amendment.

1. (1)
   Initiation

   1. (A)
      A sectional map amendment shall only be initiated by:

      1. (i)
         The District Council authorizing and directing the Planning Director to prepare a proposed amendment; or
      2. (ii)
         The Planning Board, with the written authorization of the District Council.
   2. (B)
      Initiation of a sectional map amendment shall be by resolution. Such resolution shall designate the area involved. The resolution of initiation and any descriptive data shall be made available for public inspection at the office of the Planning Director. 
   3. (C)
      Until the close of the public hearing record for the initial Joint Public Hearing, any person may request that specific zones (except those prohibited in Section 27-3503(a)(4), Prohibited Rezonings Via Sectional Map Amendments) be considered for specific lands during the sectional map amendment process.

   1.  
      1. (i)
         Such requests shall be submitted to the Clerk of the Council as public hearing testimony and shall be accompanied by a statement describing how the proposed zoning change complies with the General Plan or the applicable Area Master Plan or Sector Plan.
2. (2)
   Preparation

   The Planning Director shall prepare the proposed sectional map amendment for review in accordance with this Section. Any sectional map amendment prepared concurrently with a staff draft plan (for an Area Master Plan or Sector Plan, or amendment thereto, only) shall follow the regulations of both this Section and Section 27-3502, General Plan, Functional Master Plans, Area Master Plans, and Sector Plans. In the event of conflict, the requirements of this Section control.

3. (3)
   Scheduling Pubic Hearing and Public Notice

   Required (see Section 27-3407, Scheduling of Hearings and Public Notice). In addition, if a sectional map amendment is considered concurrently with an Area Master Plan or Sector Plan, or amendment thereto, scheduling of public hearing(s) and public notice shall be in accordance with Section 27-3502, General Plan, Functional Master Plans, Area Master Plans, and Sector Plans.

4. (4)
   Review and Recommendation by Planning Board

   Required (see Section 27-3408, Review and Recommendation by Advisory Board or Official), except:

   1. (A)

      The Planning Board shall hold public hearing(s) on the proposed sectional map amendment. At least one public hearing shall be a joint public hearing with the District Council on the proposed sectional map amendment.

   2. (B)

      The testimony received at the public hearing(s) shall be made a part of the record. Exhibits introduced at any time prior to the close of the record shall be identified sequentially and maintained as part of the record. The hearing record shall remain open for at least fifteen (15) days but not more than 30 days following the hearing.

   3. (C)

      The Planning Board may permit the inclusion of additional evidence in the record, upon motion and majority vote of the members present at any meeting or work session on the plan and/or proposed sectional map amendment, under the following conditions:

      1. (i)

         New evidence permitted to be presented orally or in writing at the initial meeting or work session shall not be considered as a part of the record unless summarized in writing by the speaker and submitted for the record on that date. Should such new evidence be presented, the Planning Board shall schedule a final meeting or work session no sooner than two weeks later to review staff analysis of new evidence, decide if such evidence shall be admitted to the record, and vote on the potential inclusion of the evidence.

      2. (ii)
         At the Planning Board’s final meeting or work session on new evidence, public testimony shall be limited to the topics contained in the evidence.
   4. (D)
      Within forty-five (45) days of the date of the Planning Board's public hearing (or ninety (90) days of the date of the Planning Board's public hearing when a sectional map amendment is prepared concurrent with the preparation of an Area Master Plan or Sector Plan), the Planning Board shall make a recommendation on the proposed sectional map amendment in accordance with Section 27-3503(b)(5), Sectional Map Amendment Decision Standards. The Planning Board’s recommendation shall be by resolution. If the Planning Board recommends changes to the underlying zone of property within the Safety Zones of the MIO Zone, whether or not the recommended change is based on public testimony, a statement of justification shall be included describing how the proposed reclassification complies with the purposes of the MIO Zone, reflects the latest Air Installation Compatibility Use Zone Study, as amended from time to time by the Department of Defense, and is consistent with the applicable Area Master Plan or Sector Plan.
   5. (E)
      Within thirty (30) days of the adoption of the resolution, the Planning Board shall transmit the endorsed sectional map amendment to the District Council, to each municipality located either within the area of the endorsed sectional map amendment or within one mile of that area, and to any governed special taxing district within the area of the endorsed sectional map amendment.
   6. (F)
      Upon transmittal of an endorsed sectional map amendment to the District Council:

   1.  
      1. (i)
         The Planning Board shall postpone accepting or processing any zoning map amendment (ZMA) applications within the area of the endorsed sectional map amendment until after final action by the District Council on the endorsed sectional map amendment.
      2. (ii)
         The Clerk of the Council shall notify the DPIE Director and Zoning Hearing Examiner of the transmittal. DPIE shall postpone the processing and issuance of building permits for land within the area of the endorsed sectional map amendment until after final action by the District Council on the sectional map amendment, if the lot or parcel of land on which construction is proposed is in a Nonresidential zone, was proposed by the Planning Board for a zone in which the proposed use is not permitted, and is undeveloped. This Subsection shall not apply to a lot or parcel of land for which a grading permit has been issued by Prince George's County, sediment and erosion control devices have been installed by the permittee, and site grading activities have been initiated by the permittee.
      3. (iii)
         The Zoning Hearing Examiner shall postpone processing pending zoning map amendment (ZMA) applications within the area of the proposed sectional map amendment until after final sectional map amendment action by the District Council, and applications pending before the District Council in the area covered by the proposed sectional map shall be remanded to and held by the Examiner.
5. (5)
   Sectional Map Amendment Decision Standards

   1. (A)
      Sectional map amendments conform to the principles of orderly, comprehensive land use planning and staged development, and shall be based on the General Plan and applicable Area Master Plans, Sector Plans, and Functional Master Plans. The advisability of a sectional map amendment is a matter committed to the legislative discretion of the District Council and is not controlled by any one factor. Prior to the approval of a sectional map amendment, the District Council shall consider the following:

   1.  
      1. (i)
         The consistency of the proposed amendment with the applicable Area Master Plan or Sector Plan;
      2. (ii)
         The character of the area under review;
      3. (iii)
         The suitability of particular uses;
      4. (iv)
         The protection of natural features in the area;
      5. (v)
         The conservation of the value of buildings and communities;
      6. (vi)
         The most appropriate use of land throughout the County;
      7. (vii)
         The environmental and economic impact upon both the area under review and the entire County;
      8. (viii)
         The protection of the health, safety, and general welfare of the citizens of the County; and
      9. (ix)
         For land wholly or partially within, or proposed to be wholly or partially included within the MIO Zone:

         27. (aa)
             The changes to the Air Installation Compatible Use Zone Study that necessitates the map amendment; and
         28. (bb)
             The purposes of the MIO Zone.

   2. (B)
      In addition, for an amendment of the MIO Zone, the Impact Maps identifying the Height, Safety, and High Noise Zones shall reflect those in the most current Air Installation Compatible Use Zone Study (AICUZ), as amended from time to time.
   3. (C)
      Any proposed rezoning to a Transit-Oriented/Activity Center base zone shall be in accordance with the locational standards of Section 27-4204(b)(2) of this Ordinance.
6. (6)
   Review and Decision by District Council

   Required (see Section 27-3409, Review and Decision by Decision-Making Body or Official), except the following procedures shall apply:

   1. (A)
      If the proposed sectional map amendment is prepared and reviewed concurrently with an Area Master Plan or Sector Plan, the District Council shall review and make a decision on the endorsed sectional map amendment in accordance with Section 27-3502, General Plan, Functional Master Plans, Area Master Plans, and Sector Plans, and Section 27-3503(b)(5), Sectional Map Amendment Decision Standards. Otherwise, within sixty (60) days following receipt of the Planning Board’s recommendation on the endorsed sectional map amendment, the District Council shall, by ordinance, and in accordance with Section 27-3503(b)(5), Sectional Map Amendment Decision Standards:

      1. (i)
         Approve the sectional map amendment as submitted by the Planning Board;
      2. (ii)
         Approve the sectional map amendment, with amendments; or
      3. (iii)
         Disapprove the sectional map amendment.
   2. (B)
      The District Council may approve the endorsed sectional map amendment with amendments that are not based on the record before the Planning Board, provided:

      1. (i)
         The District Council's proposed amendments shall be referred to the Planning Board for the Board's written comments. The comments, if any, shall be submitted to the Council prior to the Council's action on the sectional map amendment.
      2. (ii)
         The District Council and Planning Board shall hold an additional joint public hearing, prior to approving the endorsed sectional map amendment. Notice of the hearing shall be given by the Clerk of the Council in the County newspapers of record at least fifteen (15) calendar days prior to the scheduled hearing. Amendments proposed only to retain the existing zone of land may be approved by the Council without holding an additional public hearing.
   3. (C)
      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 a governed special taxing district concerning land within its district. If the Council fails to obtain this two-thirds majority vote, the land may be rezoned to any alternate zone recommended by the municipality (in writing) if:

      1. (i)
         The zone is consistent with the adopted and approved Area Master Plan or Sector Plan; or
      2. (ii)
         The zone is the same as the one existing on the land prior to the sectional map amendment.
   4. (D)
      Failure of the District Council to take action on an endorsed sectional map amendment within the time periods established in this Section shall constitute denial of the endorsed sectional map amendment.
7. (7)
   Post-Decision Actions

   1. (A)
      Effect of Approval

      1. (i)
         The approval of a sectional map amendment shall repeal and readopt with amendments that portion of the Official Zoning Map encompassed by the sectional map amendment.
      2. (ii)
         After approval of a sectional map amendment by the District Council, the full Commission of the M-NCPPC shall take action to certify the zoning map. 
   2. (B)
      Designation on Official Zoning Map

      If a sectional map amendment is adopted by the District Council, the Planning Director shall place the amendment on the Official Zoning Map within a reasonable period of time after its adoption by the District Council and certification by the Commission.

   3. (C)
      Resubmittal and Reconsideration

      1. (i)
         Where a sectional map amendment is found by a court of competent jurisdiction to be invalid because of procedural defects in the advertising, processing, or approval, the District Council may (on its own motion) reconsider the sectional map amendment. The Council may then reapprove the sectional map amendment (including amendments) in accordance with the procedures which apply to the original approval.
      2. (ii)
         Upon resubmission, the records of the previous hearings on the sectional map amendment shall be incorporated into the record of the new hearing.
   4. (D)
      Revising the Sectional Map Amendment

      1. (i)
         In General

         After approval of a sectional map amendment, the District Council, upon finding fraud or mistake, may revise the action in accordance with the procedures of this Section. The District Council shall require information (including a description of any specific property involved) which is sufficient to justify making a different decision on the sectional map amendment. The District Council shall not change its decision unless additional information has been submitted to substantiate such action.

      2. (ii)
         Petition for Revision

         27. (aa)
             A written petition may be filed with the District Council by the Planning Board, the District Council itself, or any person who claims to have been aggrieved by the action of the District Council. The petition shall include a map or survey plat which clearly identifies the property at issue.
         28. (bb)
             The petition must be filed with the Clerk of the Council within thirty (30) days after the date of the final action on the sectional map amendment.
         29. (cc)
             The petition shall set forth the specific facts on which the petition is based, and the name and address of the owner of any specific property described in the petition. 
      3. (iii)
         Criteria for Revision

         The District Council may only consider revising the sectional map amendment for property that was reclassified to a zoning category other than that which existed prior to the approval of the sectional map amendment. Such consideration shall be based on the following criteria:

         27. (aa)
             A factual error, which could not have been corrected by the property owner, was contained in the record of the sectional map amendment proceedings which may have caused an erroneous description of a specific property, and which is sufficient to justify making a different decision on the sectional map amendment. The failure of a property owner or petitioner to have provided sufficient information for the record of the sectional map amendment shall not constitute a mistake.
         28. (bb)
             Evidence of fraud on behalf of the District Council
      4. (iv)
         Principal Counsel Review

         27. (aa)
             After receiving the petition, the Clerk of the Council shall transmit the petition to the Principal Counsel to the District Council (or an authorized representative) for a legal opinion on the question of fraud or mistake.
         28. (bb)
             The Principal Counsel to the District Council (or an authorized representative) shall, within thirty (30) days after the close of the filing period, advise the Council on whether there is a reasonable basis for reviewing the sectional map amendment because of fraud or mistake.
      5. (v)
         Council Procedures

         27. (aa)
             If the Principal Counsel to the District Council (or an authorized representative) advises that there is a reasonable basis to consider a revision, the Council may (by a majority vote of the full Council) set the matter for public hearing on whether or not to adopt a revisory Ordinance or Resolution with respect to the sectional map amendment. If the Principal Counsel to the District Council (or an authorized representative) advises that there is no reasonable basis to consider a revision, the District Council shall order a denial of the petition.
         28. (bb)
             Prior to the adoption of a revisory Ordinance or Resolution, a public hearing shall be held on the matter. The hearing shall be scheduled to take place within sixty (60) days following review by the Principal Counsel to the District Council (or an authorized representative).
         29. (cc)
             The hearing shall be advertised at least once a week for two (2) successive weeks in the County newspapers of record. The notice shall set forth the date, time, place, and purpose of the hearing, and shall contain a copy of the Ordinance or Resolution, or a brief summary of it.
         30. (dd)
             A copy of the public hearing notice shall be sent by first class mail to all persons of record in the sectional map amendment proceedings who are within the subject neighborhood as defined by Technical Staff, to the property owner, to the petitioner, and to any municipality located within one mile of the subject property, at least fourteen (14) days prior to the date of the hearing.
         31. (ee)
             The testimony at the hearing shall be limited to testimony on the contents of the record; evidence of fraud; and evidence which may have been omitted from the original record because of fraud or mistake. Other than evidence regarding a factual error, the District Council shall not consider evidence which was discovered, or came into existence after the adoption of the sectional map amendment.
         32. (ff)
             If the revisory Ordinance or Resolution changes the zoning classification of a property, it shall affect only the property set forth in the Ordinance or Resolution. Any subsequent rights of appeal shall be limited to that property and no others within the area of the sectional map amendment.
         33. (gg)
             The failure of the District Council to revise a sectional map amendment under this Section shall not prejudice any subsequent zoning map amendment application considered.
         34. (hh)
             The District Council shall not consider a petition for revision on any property which is the subject of an appeal to the Circuit Court from the action on the sectional map amendment (provided the property is specifically identified in the appeal).
         35. (ii)
             All hearings on revisory petitions shall be held on a single date, or, where necessary, on consecutive working days until all hearings have been held.
         36. (jj)
             The District Council shall issue its decision on all revisory petitions within five (5) months after the date of adoption of the sectional map amendment. A revisory petition not finally acted upon within this time period shall be considered denied.

This Section establishes a uniform mechanism to amend the Official Zoning Map to reclassify an area to a base or overlay zone (only an applicant-initiated request to reclassify property to the CBCAO Zone may follow this procedure. Any other amendment to the CBCAO Zone is processed in accordance with Section 27-3603, Chesapeake Bay Critical Area Overlay (CBCAO) Zoning Map Amendment).