Zoning Appeals
The duties, powers and mandated operations of the Board with regard to zoning
appeals are found in Sections 27-229 through 27-234 of Article 27 of the Prince
George's County Code (The Zoning Ordinance).
Variances
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
Variances from Strict Application of the Zoning Ordinance
Form
Board
of Zoning Appeals Variance Application (PDF)
Other Zoning Appeals
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
Appeals of Zoning Violation Notices
Form
Board of Appeals - Filing of Appeals Other Than Variances (PDF)
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