Pursuant to Council Bill (CB) 16 2021:
Section 27-230 of the Zoning Ordinance authorizes the Board to grant variances when, by reason of a specific parcel of land is physically unique and unusual in a manner different from the nature of surrounding properties with respect to exceptional narrowness, shallowness, shape, exceptional topographic conditions, or other extraordinary conditions peculiar to the specific parcel (such as historical significance or environmentally sensitive features); the particular uniqueness and peculiarity of the specific property causes a zoning provision to impact disproportionately upon that property, such that strict application of the provision will result in peculiar and unusual practical difficulties to the owner of the property; such variance is the minimum reasonably necessary to overcome the exceptional physical conditions; such variance can be granted without substantial impairment to the intent, purpose and integrity of the general plan or any area master plan, sector plan, or transit district development plan affecting the subject property; and such variance will not substantially impair the use and enjoyment of adjacent properties. Notwithstanding any other provision of this section, a variance may not be granted if the practical difficulty is self-inflicted by the owner of the property. All of these criteria must apply.
Under certain circumstances, the Board of Zoning 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 Zoning 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 Zoning Ordinance have been satisfied.
Download the Variance Application below:Variance Instructions and Application
If a variance is approved that permits the erection of a building or structure, the variance will not be valid for more than two (2) years, unless a building permit for the erection is obtained within this period and the construction is started and proceeds to completion in accordance with the terms of the decision and the permit. If a variance is denied, a variance request covering the same subject may not be filed within a 12-month period, and following a second denial, the request may be not be filed within an 18-month period.
Within thirty (30) days from the date the Board issues a variance decision, any person, firm, corporation, or governmental agency who was a party to the Board's proceedings and is aggrieved by its decision may file an appeal to the Circuit Court of Prince George's County.