Exciting enhancements are coming soon to eCode360! Learn more 🡪
Zoning Ordinance, Calvert County, MD
 
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Code
New Laws (1) Index
Approval of development plans is required in order to ensure that new development complies with all Zoning Ordinance and agency requirements, thereby promoting the health, safety, and general welfare of Calvert County residents. Development plans are reviewed for compliance with the Calvert County Zoning Ordinance, Subdivision Regulations, and Town Center Zoning Ordinances, and consistency with the Comprehensive Plan, Town Center Master Plans, and design standards.
[Amended 12-9-2006; 5-12-2009; 9-21-2010; 6-9-2020 by Ord. No. 14-20]
A. 
Types of Development Plans Subject to Review. There are three types of development plans that are subject to review — Category I site plans, Category II site plans and plot plans.[1]
[1]
Note: the method for review of temporary structures will be based upon the proposed use of the structure. For example, a greenhouse being used for commercial purposes will be treated as a commercial building. A greenhouse being used in association with farming will be treated as a farm building. A greenhouse associated with a residence will be treated as a residential accessory structure.
B. 
Site Plans (Conceptual and Detailed Site Development Plans)
1. 
General Requirements. The general requirements for a site plan are set forth in Section 4-4.01.
2. 
Development Requiring Site Plan Review:
a. 
all commercial, industrial and institutional development except those uses listed in Section 4-2.01.C.2;
b. 
adaptive re-use from residential to commercial;
c. 
commercial uses that intensify the use or alter the traffic pattern;
d. 
multi-family dwellings;
e. 
single-family attached dwellings (three units or more);
f. 
manufactured home communities;
g. 
places of worship; and/or
h. 
public facilities and quasi-public facilities.
3. 
Category I Site Plans. Category I site plans are site plans for multi-family, single-family attached (three units or more), and manufactured home communities. Institutional, local governmental, commercial, mixed use, and industrial development are also Category I site plans if any of the following criteria are met:
a. 
the cumulative square footage of any new construction (new buildings, and additions to existing buildings and parking areas) is more than 7,500 square feet; or
b. 
the vehicular traffic within an existing development project will be altered; or
c. 
the proposed development includes an automobile filling and/or service station, car wash, fast food restaurant, bank, or any use involving a drive-through/drive-up service.
4. 
Category II Site Plans. Category II site plans are for all other development not specified in Section 4-2.01.B.3, above, or in Section 4-2.01.C.1.-2.a.-h., below, and shall include but not be limited to:
a. 
communication towers;
b. 
farm buildings or structures for commercial, agritourism, ecotourism, and heritage tourism use; and/or
c. 
parking lot modifications.
C. 
Plot Plans.
1. 
General Requirements. The general requirements for plot plans are set forth in Section 4-4.02.
2. 
Development Requiring Plot Plan Review:
a. 
single-family homes;
b. 
single-family attached dwellings (two units only);
c. 
residential accessory uses;
d. 
single-family residential projects and/or additions;
e. 
home occupations;
f. 
minor[2] commercial accessory uses;
[2]
Minor application does not intensify a use or alter the traffic pattern.
g. 
minor commercial remodeling without additions; and/or
h. 
farm buildings, not for commercial, agritourism, ecotourism, or heritage tourism use.
D. 
Planning Commission Review of Category I and Category II, Conceptual and Detailed Site Development Plans.
1. 
The Planning Commission shall review and approve or disapprove all Category I and Category II site plans, and any major revisions thereto.
2. 
The Planning Commission may delegate to the Planning Commission Administrator, the authority to review and approve or disapprove Category I detailed site development plans and any revisions thereof, Category II conceptual site plans and Category II detailed site development plans, and any revisions thereof, subject to the following:
a. 
the Category I detailed site development plans must reflect the approved Category I conceptual plan and any conditions imposed by the Planning Commission; and/or
b. 
any major modifications or deviations in the submitted detailed site development plan from its approved conceptual site plan shall require approval by the Planning Commission or its designee.
3. 
If the Planning Commission makes the delegation permitted in sub-paragraph '2' of this Section, the Planning Commission shall, upon the request of any person aggrieved by a decision of the Planning Commission Administrator, review the decision of the Planning Commission Administrator, provided that such request is received by the Planning Commission within 30 days of the date of the Planning Commission Administrator's final decision.
E. 
Department of Planning & Zoning Review of Development Plans.
1. 
The Zoning Officer shall approve or disapprove plot plans and revisions to plot plans. The Zoning Officer shall determine when a plot plan requires site plan review, based on the criteria contained in Section 4-2.01.B.2 herein.
2. 
The Zoning Officer shall determine the submittal requirements for proposed modifications to approved plot plans. Where new drawings are determined to be required, they shall be submitted to the Division of Inspections & Permits for distribution of the revised plans to appropriate agencies for comments, consideration, and approval or rejection.
F. 
A plat, or a stamped survey, from a Registered Surveyor may be required when zoning approval and/or the approval of all or part of a site plan and/or plot plan requires the determination of the location of, or relationships among, existing and proposed physical and/or legal site conditions. Such physical conditions include, but are not limited to, structures, roadways, wetlands, slopes, water bodies, and cliff edges. Such legal site conditions include, but are not limited to, property lines, lateral lines, easements, harbor lines, buffers, setbacks, rights of way, and zoning lines.
[Amended 5-12-2009; 6-9-2020 by Ord. No. 14-20]
A. 
The Planning Commission Administrator, in cooperation with the Director of the Department of Public Works and the Director of Planning & Zoning, shall establish appropriate procedures and application forms necessary to ensure adequate review and processing of conceptual and/or detailed site development plans in a timely manner (including a submittal time-frame) consistent with this Ordinance. Included shall be a checklist that shall show all information required for site plan submittal. The checklist shall be available at the Department of Planning & Zoning. Procedures are to be approved by the Planning Commission. Review fees are set by the Board of County Commissioners.
B. 
Conceptual Site Plan Review
1. 
Conceptual site plan review and approval is mandatory for all development listed under Section 4-2.01.B.2.a, conceptual site plan must be approved for all Category I and Category II development prior to submittal of a detailed site development plan application. Recommendations and comments received during conceptual review may change during subsequent review of the detailed site development plan.
2. 
When a development is required to obtain both site plan and subdivision approval, the applicant may request to combine the conceptual site plan and conceptual subdivision plan into one application. Review fees for combined conceptual plans will be based upon the combined site plan and subdivision review fees.
C. 
Detailed Site Development Plan Review
1. 
Detailed site development plan review and approval is mandatory for all development listed under Section 4-2.01.B.2. Final detailed site development plan approval must be obtained prior to the issuance of building permits for all Category I and Category II development.
2. 
No structural development associated with a site plan or plot plan may be constructed under a grading permit alone (e.g. parking lot, ball field, playground, bathrooms, etc.) prior to receiving final plan approval.
[Amended 6-9-2020 by Ord. No. 14-20]
Prior to approval of any Category I or Category II site plan by either the Planning Commission or its designee, and in accordance with the Land Use Article of the Annotated Code of Maryland, comments shall be requested from the review agencies included in the Technical Evaluation Group (TEG) as maintained by the Department of Planning & Zoning.
[Amended 10-13-2010; 6-9-2020 by Ord. No. 14-20]
A. 
Expiration of Site Plan Approvals
The following expiration provisions shall apply to all site plan applications, including site plan applications submitted prior to the effective date of this section of the Ordinance (Adoption Date).
1. 
Conceptual Site Plans (Category I and Category II)
a. 
An application for a conceptual site plan shall expire 12 months after it has been accepted for review unless conditional approval has been granted by the Planning Commission or its designee.
b. 
Approval of a conceptual site plan shall expire 12 months after it has been granted approval, unless a detailed site development plan application has been accepted by the Department of Planning & Zoning for distribution and review.
2. 
Detailed Site Development Plans (Category I and Category II)
a. 
An application for a detailed site development plan shall expire 24 months after it has been accepted for review, unless final approval is granted.
b. 
Detailed site development plans shall expire 36 months after obtaining final approval, unless the criteria for vesting through construction as set forth under Section 4-2.04.B.1.a-c has been met.
c. 
If final approval of a detailed site development plan application is delayed due to the inadequacy of public schools or roads, expiration of the application shall be tolled during the period of inadequacy, or as required to meet the Calvert County Code, Chapter 3, Adequate Public Facilities requirements, as amended from time to time.
[Amended 11-30-2022 by Ord. No. 49-22]
d. 
Extensions of Conceptual and Site Development Plan Approvals
i. 
One 12-month extension to only one of the time periods listed in Section 4-2.04.A.1.a.-b. and Section 4-2.04.A.2.a-b, may be granted by the Planning Commission, or its designee, for circumstances beyond the control of the applicant.
ii. 
A request for extension shall be submitted, in writing, prior to the expiration date of the applicable time period.
iii. 
If an extension of a time period described in sub-paragraph A.2.d.i above is granted, the vesting period provided in subsection B.1, below, shall be extended for a like period.
B. 
Vesting
1. 
Vesting Through Construction. At the end of the 36-month period described in section A.2.b above, the applicant shall be vested in the detailed site development plan if:
a. 
There is actual physical commencement of some significant and visible construction;
b. 
The commencement must be undertaken in good faith with the intention to continue the construction and to carry it through to completion in a commercially reasonable manner; and
c. 
The commencement of construction must be pursuant to all necessary permits that have been validly issued.
2. 
One 12-month extension to meet the vesting criteria described in sub-section A.1.a-c above, may be granted by the Planning Commission, or its designee, for circumstances beyond the control of the applicant.
3. 
Grandfathered Detailed Site Development Plans
a. 
A grandfathered Category I detailed site development plan that has received conditional approval or a grandfathered Category II detailed site development plan that has received final approval shall be valid for 24 months after the effective approval date.
b. 
The grandfathered rights granted by this sub-section apply only to the regulations applied to and incorporated in the detailed site development plan and not to any regulations that may have been superseded after the grant of approval.
c. 
A grandfathered Category I detailed site development plan that has not received conditional approval or a grandfathered Category II site plan that has not received final approval shall lose the grandfathered rights granted by this sub-section immediately upon the enactment of this provision (date of adoption).
d. 
No vesting extensions shall be granted to grandfathered detailed site development plans.
C. 
Phased Development
1. 
If a development is to be constructed in sections or phases, then those sections or phases must be shown on the detailed site development plan for review and approval. The sections or phases shall be numerically labeled and included in the Sequence of Construction.
2. 
Bonding for the development may be in whole or by phase, provided that the bonding amounts adhere to the approved Phasing Plan.
3. 
If an applicant wishes to amend the phasing plan or Sequence of Construction after final approval is obtained, a revised detailed site development plan must be submitted to the Department of Planning & Zoning for review and approval pursuant to Section 4-2.05.
4. 
Building and grading permits may be issued so that two or more sections or phases are concurrently under active construction, unless prohibited by detailed site development plan approval.
5. 
Each phase shall be vested separately by meeting the requirements pursuant to Section 4-2.04.B.1.
6. 
All supplemental plans must be consistent with the approved phasing plan.
[Amended 9-21-2010; 6-9-2020 by Ord. No. 14-20]
A. 
Modifications to Site Plans After Final Approval:
1. 
Proposed modifications to any approved site plan shall be submitted to the Planning Commission Administrator.
2. 
The Planning Commission Administrator shall determine if the modification is major or minor. A minor modification is a modification that does not change the intensity of the use or alter the traffic pattern. A major modification is a modification that changes the intensity of the use and/or alters the traffic pattern.
3. 
If an approved detailed site development plan is to be modified, the applicant shall submit new plans showing the proposed modification in "red-line" to the Department of Planning & Zoning, which shall distribute the new plans to the appropriate agencies for comments. The proposed modification shall be considered and approved or rejected by the Planning Commission Administrator. If the proposed revision is a major modification to an approved conceptual site plan or approved detailed site development plan, then the Planning Commission Administrator shall refer the modified plan to the Planning Commission for consideration and, if appropriate, approval.
4. 
Prior to the release of bonds and/or issuance of use and occupancy permits, an "as-built" is required to be submitted to the Department of Planning & Zoning.
Before the County permits a building or property to be used, either all the work must be completed or the remaining work must be bonded.
A. 
A proposed bond package shall be submitted by the applicant to the County Engineering Division and shall include the following:
1. 
A written statement indicating in detail what is to be bonded and installed/constructed at a later date.
2. 
A written cost estimate of the work not yet completed or materials not yet installed and proposed to be bonded.
3. 
The proposed date of completion (not to exceed one year).
4. 
The method of posting bond which may be one of the following:
a. 
A surety bond (issued by an insurance company) which indicates the length of time for which the bond or credit is good.
b. 
A letter of credit from a financial institution (chartered to do business in the State of Maryland).
c. 
A Certificate of Guarantee issued pursuant to Section 1-203 of the Insurance Article of the Annotated Code of Maryland, as amended from time to time.
d. 
Cash (currency, certified check or cashier's check). Interest earned on funds posted for a bond are retained by the County.
5. 
The bond amount shall be set at 125 percent of the approved written cost estimate of the work.
6. 
A temporary easement giving the County the right to enter onto the subject property and complete construction of the project in accordance with the specifications and plans. The easement can be in the form of a letter, but shall be signed by all parties of proprietary interest and notarized.
The following wordage shall be included in the easement:
"In the event that the __________ has not been completed and it is necessary for the County Commissioners to complete or have the work completed under the aforesaid bond or letter of credit, then __________ gives the County the right to enter onto the subject property and complete the construction of the project in accordance with the approved specifications and plans."
B. 
The proposed bond package will be processed in the following manner:
1. 
Upon receipt of the proposed bond package, the County Engineering Division shall review the submittal to verify that it is complete and proper. The County Attorney will review the bond package and the required access easement and any other appropriate information and then return the bond package with his written opinion to the County Engineering Division. Should the proposed bond package be acceptable, the bond package shall then be forwarded by the County Engineering Division to the County Commissioners for approval.
2. 
The Board of County Commissioners or its designee, shall accept or deny the proposed bond. Upon acceptance of the bond, the applicant shall be notified by the County Engineering Division that he may make application in the Division of Inspections and Permits for an Occupancy Permit.
3. 
If the applicant fails to complete the work in the agreed upon time, the bond may be forfeited to the County at any time requested by the Board of County Commissioners.