DR-1 1 COUNTY COUNCIL OF PRINCE GEORGE'S COUNTY, MARYLAND SITTING AS THE DISTRICT COUNCIL 2010 Legislative Session Bill No. CB-

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DR-1
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COUNTY COUNCIL OF PRINCE GEORGE'S COUNTY, MARYLAND
SITTING AS THE DISTRICT COUNCIL
2010 Legislative Session
Bill No. CB-65-2010
Chapter No.
Proposed and Presented by The Chairman – (By request – Planning Board)
Introduced by Council Member Dernoga
Co-Sponsors
Date of Introduction September 28, 2010
ZONING BILL
AN ORDINANCE concerning 1
Adoption of Landscape Manual Regulations 2
For the purpose of adopting the Comprehensive Update to the Prince George’s County 3
Landscape Manual and repealing redundant or obsolete provisions of the Zoning Ordinance 4
relating to the Landscape Manual. 5
BY repealing and reenacting: 6
Section 27-124.03, 7
The Zoning Ordinance of Prince George's County, Maryland, 8
being also 9
SUBTITLE 27. ZONING. 10
The Prince George's County Code 11
(2007 Edition, 2009 Supplement). 12
BY repealing : 13
Sections 27-124.04 and 27-124.05, 14
The Zoning Ordinance of Prince George's County, Maryland, 15
being also 16
SUBTITLE 27. ZONING. 17
The Prince George's County Code 18
(2007 Edition, 2009 Supplement). 19
20
CB-65-2010 (DR-1)
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WHEREAS, the Prince George’s County Council approved CB-1-1989, CB-98-1990, CB-1
30-1992, CB-129-1994, CB-53-1995, and CB-29-2008 legislation which amended and/or made 2
additions to the Landscape Manual; and 3
WHEREAS, the Landscape Manual should be amended from time to time to ensure that it 4
reflects best practices and new technology in regard to the preparation and design of landscape 5
plans, to ensure environmentally sustainable practices by encouraging the use of native plants, 6
and elimination of invasive plants; to improve the appearance of development from roadways 7
and to provide buffering and screening of properties and service areas; and 8
WHEREAS, the Landscape Manual is a regulatory tool that requires that landscape plans 9
submitted in association with a building and/or a grading permit meets minimum requirements 10
for development in all zones; and 11
WHEREAS, amendment of the Landscape Manual is necessary to clarify numerous 12
ambiguous provisions of the original Manual, codify numerous administrative interpretations and 13
simplify and improve regulations and processes, where possible; 14
WHEREAS, adoption of the updated Landscape Manual, attached hereto as Attachment A and 15
incorporated as if expressed fully herein, is necessary to ensure that it recognizes and reinforces 16
through careful distinctions of landscaping requirements the three development tiers, 17
Developed, Developing, and Rural prescribed by the General Plan; now, therefore: 18
SECTION 1. BE IT ENACTED by the County Council of Prince George's County, 19
Maryland, sitting as the District Council for that part of the Maryland-Washington Regional 20
District in Prince George's County, Maryland, that Section 27-124.03 of the Zoning Ordinance of 21
Prince George's County, Maryland, being also Subtitle 27 of the Prince George's County Code, 22
be and the same is hereby repealed and reenacted: 23
SUBTITLE 27. ZONING. 24
PART 2. GENERAL. 25
DIVISION 5. REGULATIONS ADOPTED BY REFERENCE. 26
Subdivision 1. LANDSCAPE. 27
Sec. 27-124.03 Authority. 28
(a) The Prince George's County Landscape Manual, dated July 2010 (hereinafter referred 29
to as the Landscape Manual), is hereby adopted by reference and made a part of this Subtitle 30
with the same force and effect as the regulations set forth herein. 31
CB-65-2010 (DR-1)
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SECTION 2. BE IT FURTHER ENACTED by the County Council of Prince George's 1
County, Maryland, sitting as the District Council for that part of the Maryland-Washington 2
Regional District in Prince George's County, Maryland, that Section 27-124.04, 27-124.05 of the 3
Zoning Ordinance of Prince George's County, Maryland, being also Subtitle 27 of the Prince 4
George's County Code, be and the same are hereby repealed: 5
SUBTITLE 27. ZONING. 6
PART 2. GENERAL. 7
DIVISION 5. REGULATIONS. 8
Subdivision 1. LANDSCAPE MANUAL. 9
Sec. 27-124.04. [Applicability.] Reserved. 10
[ (a) Landscape plans shall be developed and submitted in accordance with the Landscape 11
Manual by all public, institutional, and private applicants.] 12
[(b) Lawful conditions existing on January 1, 1990, on a developed site which are not in 13
conformance with the Landscape Manual and for which conformance would require the 14
demolition of any building or parking or loading spaces may be continued as a matter of right.] 15
Sec. 27-124.05.[Exemptions.] Reserved. 16
[(a) Uses in all zones shall comply with the standards set forth in the Landscape Manual, 17
except as provided below:] 18
[(1) Existing conditions on developed sites not in conformance with the requirements 19
of the Landscape Manual that are otherwise lawful on January 1, 1990, and not the subject of any 20
building or grading permit may be continued as a matter of right. Except as stated in the 21
exemptions cited in paragraphs (2) through (7), below, all building and grading permits shall be 22
in compliance with the Manual to the extent that the requirements can be satisfied without 23
demolition of any building or parking or loading spaces.] 24
[(2) Permits for interior or exterior rehabilitation of an existing building which do not 25
involve any change of use or increase in the gross floor area (GFA) of the building are exempt 26
from the requirements of Sections 4.1, 4.2, 4.3, 4.6, and 4.7 of the Manual.] 27
[(3) The following are exempt from the requirements of Section 4.1 (Residential 28
Requirements) of the Manual:] 29
[(A) Building, grading, or use and occupancy permits pertaining to any existing 30
single-family home.] 31
CB-65-2010 (DR-1)
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[(B) Permits which involve an increase in the GFA of a multifamily dwelling of 1
not more than ten percent (10%) of the GFA of an existing building as of January 1, 1990, or five 2
thousand (5,000) square feet, whichever is less.] 3
[(4) Building and grading permits are exempt from the requirements of Section 4.2 4
(Commercial and Industrial Landscaped Strip Requirements) of the Manual when they involve 5
an increase in GFA of not more than ten (10%) of the GFA of an existing building as of 6
January 1, 1990, or five thousand (5,000) square feet, whichever is less.] 7
[(5) The following are exempt from the requirements of Section 4.3 (Parking Lot 8
Requirements) of the Manual:] 9
[(A) Permits for any building renovation, expansion, or change of use which does 10
not necessitate an increase in the number of parking or loading spaces beyond the number 11
currently existing. (When a building or site renovation, expansion, or change of use results in 12
the creation of additional parking spaces, only the area occupied by the newly created spaces 13
shall be subject to Section 4.3 of the Manual.)] 14
[(6) Building and grading permits are exempt from the requirements of Section 4.7 15
(Buffering Incompatible Uses) of the Manual when:] 16
[(A) They involve an increase in GFA of not more than ten percent (10%) of the 17
GFA of an existing building as of January 1, 1990, or five thousand (5,000) square feet, 18
whichever is less; and] 19
[(B) No part of any new structure extends closer to an adjacent property in a less 20
intense use category than would normally be allowed by the provisions of Section 4.7 of the 21
Manual.] 22
[(7) The temporary uses set forth in Section 27-261 of this Subtitle are exempt from 23
the provisions of the Manual and shall only be required to provide landscaping or buffering when 24
required pursuant to the approval provisions for the specific temporary use.] 25
[(8) In the M-U-TC Zone, landscaping and screening shall be provided in accordance 26
with the approved Town Center Development Plan.] 27
[(9) Section 4.3(c) of the Landscape Manual shall not be applicable to arenas 28
(stadiums). However, landscaping in the interior parking lot area of a stadium shall be provided 29
along all major vehicular access driveways. In addition, the District Council shall determine the 30
type and amount of landscaping required during the approval of any Specific Design Plan for an 31
CB-65-2010 (DR-1)
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arena (stadium).] 1
SECTION 3. BE IT FURTHER ENACTED that this Ordinance shall take effect forty-five 2
(45) calendar days after its adoption.3
Adopted this day of , 2010.
COUNTY COUNCIL OF PRINCE GEORGE’S
COUNTY, MARYLAND, SITTING AS THE
DISTRICT COUNCIL FOR THAT PART OF
THE MARYLAND-WASHINGTON REGIONAL
DISTRICT IN PRINCE GEORGE’S COUNTY,
MARYLAND
BY: _________________________________
Thomas E. Dernoga
Chair
ATTEST:
______________________________
Redis C. Floyd
Clerk of the Council
KEY:
Underscoring indicates language added to existing law.
[Brackets] indicate language deleted from existing law.
Asterisks *** indicate intervening existing Code provisions that remain unchanged.

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