Zoning Appeals
A variance is a request for permission to deviate from the guidelines outlined in Section 27-442 (the "Regulation Tables") of the Prince George's County Zoning Ordinance. These guidelines regulate lot size, lot width, building height, building setbacks from property lines, and the percentage of property covered with parking and structures. Section 27-230 of the Zoning Ordinance states that a variance may only be granted when the Board of Appeals finds that: (1) A specific parcel of land has exceptional narrowness, shallowness, or shape, exceptional topographic conditions, or other extraordinary situations or conditions; (2) The strict application of this subtitle will result in peculiar and unusual practical difficulties to, or exceptional or undue hardship upon the owner of the property; and (3) The variance will not substantially impair the intent, purpose, or integrity of the General Plan or Master Plan. Under certain circumstances, the Board of Appeals (or the Planning Board or District Council in conjunction with certain zoning cases) may grant the property owner relief from the strict application of the Zoning Ordinance. Such relief may be granted on the basis of facts presented at a public hearing, when the Board, Council or Planning Board finds that there exists exceptional conditions of shape, topography, or other extraordinary situations peculiar to the specific property which could result in unusual practical difficulties or undue hardship to the property owner, provided that such variance may be granted without causing substantial impairment to the intent, purpose and integrity of the General Plan. A variance is distinguished from a special exception by virtue of the fact that a variance depends upon a finding of the existence of practical difficulty or unusual hardships in the application of the Ordinance to a particular piece of property by reasons of conditions unique to that property. A special exception requires no such finding, merely a finding that the conditions stated in the Ordinance have been satisfied. Where the granting of a variance is dependent upon practical difficulties or unnecessary hardship, the evidence must be substantial and should not be merely for the convenience of an applicant. The phrase "practical difficulties or unnecessary hardships" sufficient for the granting of a variance from the Zoning Ordinance means difficulties or hardships which are peculiar to the situation of the applicant and are of such degree of severity that their existence amounts to a substantial and unnecessary injustice to the applicant. The criteria for determining unusual hardship as grounds for granting a variance, is whether the zoning restrictions in question, when applied to the particular property and its surrounding environment, constitute an unreasonable (arbitrary and capricious) interference to the basic right of ownership. The plight of the owner of real property seeking a variance must be due to the unique circumstances and not the general conditions in the neighborhood. Mere financial hardship is not sufficient, and the fact that the variance will make realty more valuable is not sufficient grounds to justify the variance. If a variance is denied, no further appeal covering the same subject may be filed within a 12-month period, and no further appeals, following a second denial, may be filed within an 18-month period. Chart Form The Board of Zoning Appeals may also review actions and decisions of the Zoning Enforcement Officer, grant extensions of the grace period for the correction or cessation of zoning violations; and review the determinations and decisions of the Maryland-National Capital Park and Planning Commission, the Department of Environmental Resources, and other County departments and agencies relating to provisions of the Zoning Ordinance. Chart Form |
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