Legislation Details

Reference No. CR-004-2023    Draft No. 1
Type: Resolution Status: Adopted
Meeting Body County Council
Meeting Date 12/12/2022
Introduced Date 1/1/2023 Public Hearing Date
Effective date: 12/12/2022    
Title: A RESOLUTION CONCERNING TRANSITIONAL PROVISIONS - LIMITATIONS-USE OF PRIOR ORDINANCE for the purpose of approving, with the force and effect of law, certain limitations on the time for processing of development applications pursuant to the superseded prior Zoning Ordinance of Prince George’s County for development of Townhouse and One-family dwelling uses in the R-A (Residential Agricultural) Zone of Prince George’s County.
Proposers/Sponsors: Wala Blegay, Edward P. Burroughs, Thomas E. Dernoga, Ingrid S. Watson, Jolene Ivey, Eric C. Olson, Krystal Oriadha
Code sections: 27-1903 -
Attachments: 1. CR-004-2023 - signed, 2. CR-004-2023 Summary
Related files: CB-017-2023
Contact: Karen T. Zavakos, Zoning and Legislative Counsel

Title

A RESOLUTION CONCERNING TRANSITIONAL PROVISIONS - LIMITATIONS-USE OF PRIOR ORDINANCE for the purpose of approving, with the force and effect of law, certain limitations on the time for processing of development applications pursuant to the superseded prior Zoning Ordinance of Prince George’s County for development of Townhouse and One-family dwelling uses in the R-A (Residential Agricultural) Zone of Prince George’s County.

 

Background

In consideration and approval of the new Zoning Ordinance for the County via CB-13-2018, CB-98-2021, and CB-68-2022, the County Council carefully evaluated the scope and extent of its transition to implementation of the revised Ordinance as the only body of local zoning laws governing land use and development in the County. Inherent in its legislative power of the Council is the authority to amend such laws as may be deemed necessary and appropriate. Moreover, in a reported Opinion of the Court of Special Appeals of Maryland, the Court held that the enactment of CB-17-2019 violated certain tenets of Maryland law. Accordingly, this bill will limit authority for development of certain Townhouse and One-family attached dwelling uses in the R-A Zone of the County using the prior Ordinance, more specifically, by way of a prior, now-superseded zoning law known as CB-17-2019 (Chapter 29, 2019 Laws of Prince George's County, Maryland). This Resolution is companion legislation, with the force and effect of law, to a separate bill introduced by this Council to repeal the foregoing, now superseded enactment of the Council within the superseded, prior Ordinance.