Calvert County, MD - Zoning Ordinance
 
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Table of Contents
Table of Contents

5-1.01 Purpose of Regulating Residential Density Outside Town Centers

The purpose of regulating density is to help ensure that residential development is consistent with the goals and objectives of the Comprehensive Plan and the purpose and intent of each Zoning District as defined in Article 2.

5-1.02 Residential Density Requirements in the Farm and Forest District

A. 
Purpose. The Farm and Forest District (formerly called the Farm Community and Resource Preservation Districts) is designated for farming and natural resource-related uses in the Comprehensive Plan.
B. 
Land in Agriculture Preservation Overlay Districts (APDs)[1]. Within an approved APD, the following number of residential lots shall be permitted:
1. 
APDs consisting of less than 25 acres - no additional lots or houses are allowed.
2. 
APDs consisting of at least 25 acres but less than 50 acres - 1 lot in addition to the existing house.
3. 
APDs consisting of at least 50 acres but less than 75 acres - 2 lots in addition to the existing house.
4. 
APDs consisting of 75 acres or more - 3 lots in addition to the existing house.
This lot density may not be increased. Lots must be approved by the Agricultural Preservation Board as per the criteria in the Program Rules and Regulations.
[1]
Note: The provisions of this Section apply to APDs in the County Agricultural Preservation Program only. If a property is in a State APD, the subdivision must also be approved by the Maryland Agricultural Land Preservation Foundation.
C. 
Land in the Resource Conservation Area of the Critical Area Overlay District
The maximum allowable density is one lot per 20 acres. This lot density may only be increased through intra-family transfer if the parcel is eligible. See Section 8-1 for eligibility requirements and lot calculation. For parcels divided by the Critical Area line, the density requirements in the Resource Conservation Area are applied to the portion of the property lying within the Critical Area, and the density requirements for the Farm and Forest District is applied to the portion of the property lying outside the Critical Area.
D. 
All other land within the Farm and Forest District
1. 
The zoned density is one lot per 20 acres after tidal wetlands, non-tidal wetlands, zoned wetlands, and State wetlands are deducted (net acreage). The boundaries of wetlands are:
a. 
as determined on the official zoning map; or
b. 
as delineated and verified by qualified professionals as meeting the definition of jurisdictional wetlands according to State and/or Federal regulation; or
c. 
those areas meeting the definition of State and/or Federal jurisdictional wetlands. See Section 8-2.05 for further details.
2. 
Exception Lots. Total number of exception lots that have not been previously created and that may affect the calculation of conventional lot density in paragraph 'D.3' of this Section. Zoned density may be increased with the use of exception lots where applicable.
[Amended 9-21-2010]
a. 
Under previous Ordinances, a maximum of five exception lots could be created on a parcel of record as of October 21, 1974. Unused exception lots are included in the density calculation in paragraph 'D.3' of this Section. If there are questions about eligibility for exception lots, the burden of proof is on the applicant. Decisions concerning eligibility are to be made by the Zoning Officer and may be appealed to the Board of Appeals with the decisions based on the provisions below.
b. 
For parcels of record as of June 29, 1967, three of the five lots shall be no less than one acre in size and two of the lots shall be no less than three acres in size.
c. 
If the parcel was recorded on or after June 29, 1967 and as of October 21, 1974, all five exception lots shall be no less than three acres in size.
d. 
Any lots created from the parcel after June 29, 1967 that are below 4.999 acres count as exception lots and must be deducted before determining the number of exception lots.
e. 
A title history is required to verify the number of exception lots that have been previously created and the number of exception lots that may still be created. In no event shall more than one set of exception lots be granted for any deed recorded as of October 21, 1974.
f. 
If the original property has been subdivided and the owner of record as of June 29, 1967 retains a portion of the property, that owner may designate which parcel is eligible for the one-acre lots, unless the right has already been legally conveyed by deed.
g. 
If there are questions concerning eligibility for one-acre lots, the burden of proof is on the applicant. A title search may be required. Decisions concerning eligibility for one-acre lots are to be made by the Zoning Officer and may be appealed to the Board of Appeals with the decision based on the above provisions. In no event shall more than one set of exception lots be granted for any parcel described in a deed recorded as of June 29, 1967.
h. 
To determine the total number of acres in exception lots, multiply the number of one-acre exception lots that have not been previously created by one and multiply the number of three-acre exception lots that have not been previously created by three and add together.
3. 
Land excluded from an Agricultural Preservation District (APD) for the purpose of future subdivision shall be exempt from the provisions of this Section if the APD was created prior to the effective date of this amendment (03/25/2008). Such land shall be subject to the size, density, dimension, and other requirements of the Zoning Ordinance in effect at the time the APD was recorded.
[Amended 3-25-2008]
4. 
Conventional Lot Density. To determine the number of conventional lots that may be created, subtract the number of acres in exception lots (paragraph D.2.h) from the net acreage (paragraph D.1) and divide by 5.0. To this total, add the number of exception lots (paragraph D.2) and divide by 4.0. If the product includes a decimal of 0.5 or more, round up. If the product includes a decimal of less than 0.5, round down.
5. 
TDR Lots. Additional lots may be created with the application of Transferable Development Rights (TDRs) up to a maximum of 1 lot per 10 acres. To determine the actual number of additional lots, divide total net acreage (paragraph D.1) by 10. Subtract the number of conventional lots (paragraph D.3) from this number. Five Transferable Development Rights are required for each additional lot up to a maximum density of 1 lot per 10 acres.
6. 
Family Conveyance Lots. Additional lots may only be created for family members from parcels of record as of November 2, 1999, provided that the following conditions are met:
[Amended 8-5-2015 by Ord. No. 31-15; 4-26-2017 by Ord. No. 15-17]
a. 
Any lot created as a family conveyance lot shall only be conveyed to a family member of the grantor being: spouse, parent, child, grandchild, grandparent, sibling, or the child of a sibling, subject to the following:
i. 
Only one (1) set of family conveyance rights may be derived from any parcel of record as of November 2, 1999, regardless of whether the parcel is held by Tenants in Common or Joint Tenants. In addition, only one (1) lot may be granted to any one (1) family member from the parcel of record as of November 2, 1999.
ii. 
A notarized Family Conveyance Affidavit shall be executed by the owner creating the family conveyance lot affirming that the designated grantee is an eligible family member as defined in Section 5-1.02.D.6.a., and has not received any other lots from the parcel of record, as of November 2, 1999. The Affidavit shall be submitted with the preliminary plan application. The family conveyance lot shall be identified as such on the final plat and the Affidavit shall also be shown on the final plat and signed by the grantor.
iii. 
Legal documentation affirming the owner's relationship to the grantee must be submitted to the Department of Community Planning & Building as part of the preliminary plan application. Acceptable forms of documentation shall include: birth, death, and/or marriage certificates, or other valid government issued identification.
b. 
Any deed for a family conveyance lot created under this Section shall contain a covenant stating that the lot is created subject to the provisions set forth in Section 5-1.02.D.6.a.-e. of the Calvert County Zoning Ordinance.
c. 
The right to create family conveyance lots from a parcel of record as of November 2, 1999, shall remain with the land regardless of ownership.
i. 
In cases where the parcel of record as of November 2, 1999 has been further subdivided, any unused family conveyance rights shall remain with the parcel of record's residue.
ii. 
An owner of the parcel of record or its residue, may assign unused family conveyance rights by deed, but only to another property that was derived from the parcel of record as of November 2, 1999, or its residue.
iii. 
A Certificate of Title may be required to verify a parcel's eligibility to create family conveyance lots, or the number of family conveyance rights remaining with any property claiming such rights.
iv. 
In no case, shall more than one (1) set of family conveyance rights be granted from any parcel of record as of November 2, 1999, regardless of the number of property owners on the deed or the number of lots and parcels created from the parcel of record.
d. 
If there is a question regarding the eligibility of a parcel to create family conveyance lots, the burden of proof shall be on the property owner. Decisions concerning eligibility are to be made by the Zoning Officer and final decisions of the Zoning Officer may be appealed to the Board of Appeals, in accordance with Article 11. The number of conventional lots calculated in Section 5-1.02.D.4., may be doubled for the creation of family conveyance lots. However, no more than seven (7) lots (family conveyance and conventional lots) may be created provided that the minimum lot size requirements of Section 5-1.06.A., Table 5-1, can be met. The creation of a family conveyance lot shall not require the application of Transfer Development Rights (TDRs); except, as stipulated under Section 5-1.02.D.6.e.i.-v., provided that all other conditions in this Section are met.
e. 
Subsequent to the creation of a family conveyance lot by a recorded plat under this Article, the lot shall be subject to the following provisions:
i. 
The grantor must transfer ownership of the lot to the assigned grantee listed in the Family Conveyance Affidavit on the recorded final plat by deed, before any further transfer of the lot can take place.
ii. 
The assigned grantee may not subsequently transfer the family conveyance lot to any other person or entity for a minimum period of seven (7) years from the recording date of the deed transferring ownership from the grantor to the grantee, except as provided under Section 5-1.02.D.6.e.iii.; unless, five (5) Transfer Development Rights (TDR's) are applied to the lot and the final plat is revised to redesignate the lot as a non-family conveyance prior to deed transfer.
iii. 
A grantee may within the first seven (7) years of ownership, transfer a family conveyance lot to another eligible family member as defined in Section 5-1.02.D.6.a., provided that the Family Conveyance Affidavit on the final plat is revised to reflect the newly assigned grantee prior to transfer. The newly assigned grantee must also complete the seven (7) year ownership requirement of the first grantee or meet the requirements of Section 5-1.02.D.6.e.ii., prior to transfer of the family conveyance lot.
iv. 
This Section does not prevent the transfer of a family conveyance lot to a third party as security for a mortgage or Deed of Trust or for a family conveyance lot that must be transferred or sold as a result of foreclosure or court order.
v. 
No residential building permits may be issued for a family conveyance lot that does not first meet the requirements of this Section.
Family conveyance lots created before the adoption of Section 5-1.02.D.6.e.i.-v., shall comply with the family conveyance requirements set forth in the zoning ordinance in effect at the time the lot was first recorded.

5-1.03 Residential Density Requirements in the Rural Community District

A. 
Purpose. The Rural Community District is intended for single-family residential use as well as low intensity farming and forestry.
B. 
Land in Agriculture Preservation Overlay Districts (APDs)[1]. Within an approved APD, the following number of residential lots shall be permitted:
1. 
APDs consisting of less than 25 acres -no additional lots or houses are allowed.
2. 
APDs consisting of at least 25 acres but less than 50 acres - 1 lot in addition to the existing house.
3. 
APDs consisting of at least 50 acres but less than 75 acres - 2 lots in addition to the existing house.
4. 
APDs consisting of 75 acres or more - 3 lots in addition to the existing house.
This lot density may not be increased. Lots must be approved by the Agricultural Preservation Board as per the criteria in the Program Rules and Regulations.
[1]
Note: The provisions of this Section apply to APDs in the County Agricultural Preservation Program only. If a property is in a State APD, the subdivision must also be approved by the Maryland Agricultural Land Preservation Foundation.
C. 
Land in the Resource Conservation Area of the Critical Area Overlay District
The maximum allowable density is one lot per 20 acres. This lot density may only be increased through intra-family transfer if the parcel is eligible. See Section 8-1 for eligibility requirements and lot calculation. For parcels divided by the Critical Area line, the density requirements in the Resource Conservation Area are applied to the portion of the property lying within the Critical Area, and the density requirements for the Rural Community District are applied to the portion of the property lying outside the Critical Area.
D. 
All other land to be subdivided within the Rural Community District
1. 
The zoned density is one lot per 20 acres after tidal wetlands, non-tidal wetlands, zoned wetlands, and State wetlands are deducted (net acreage). The boundaries of wetlands are:
a. 
as determined on the official zoning map,
b. 
as delineated and verified by qualified professionals as meeting the definition of jurisdictional wetlands according to State and/or Federal regulation; or
c. 
those areas meeting the definition of State and/or Federal jurisdictional wetlands. See Section 8-2.05 for further details.
2. 
Exception Lots. Total number of exception lots that have not been previously created and that may affect the calculation of conventional lot density in paragraph 'D.3' of this Section. Zoned density may be increased with the use of exception lots where applicable.
[Amended 9-21-2010]
a. 
A maximum of five exception lots may be created on a parcel of record as of October 21, 1974. If there are questions about eligibility for exception lots, the burden of proof is on the applicant. Decisions concerning eligibility are to be made by the Zoning Officer and may be appealed to the Board of Appeals with the decisions based on the provisions below.
b. 
For parcels of record as of June 29, 1967, three of the five lots shall be no less than one acre in size and two of the lots shall be no less than three acres in size.
c. 
If the parcel was recorded on or after June 29, 1967 and as of October 21, 1974, all five exception lots shall be no less than three acres in size.
d. 
Any lots created from the parcel after June 29, 1967 that are below 4.999 acres count as exception lots and must be deducted before determining the number of exception lots that can still be created.
e. 
A title history is required to verify the number of exception lots that have been previously created and the number of exception lots that may still be created. In no event shall more than one set of exception lots be granted for any deed recorded as of October 21, 1974.
f. 
If the original property has been subdivided and the owner of record as of June 29, 1967 retains a portion of the property, that owner may designate which parcel is eligible for the one-acre lots, unless the right has already been legally conveyed by deed.
g. 
If there are questions concerning eligibility for one-acre lots, the burden of proof is on the applicant. A title search may be required. Decisions concerning eligibility for one-acre lots are to be made by the Zoning Officer and may be appealed to the Board of Appeals with the decision based on the above provisions. In no event shall more than one set of exception lots be granted for any parcel described in a deed recorded as of June 29, 1967.
h. 
To determine the total number of acres in exception lots that can still be created, multiply the number of one-acre exception lots that have not been previously created by one and multiply the number of three-acre exception lots that have not been previously created by three and add together.
3. 
Land excluded from an Agricultural Preservation District (APD) for the purpose of future subdivision shall be exempt from the provisions of this Section if the APD was created prior to the effective date of this amendment (03/25/08). Such land shall be subject to the size, density, dimension, and other requirements of the Zoning Ordinance in effect at the time the APD was recorded.
[Amended 3-25-2008]
4. 
Conventional Lot Density. To determine the number of conventional lots that may be created, subtract the number of acres in exception lots (paragraph D.2) from the net acreage (paragraph D.1) and divide by 5.0. To this total, add the number of exception lots (paragraph D.2) and divide by 4.0. If the product includes a decimal of 0.5 or more, round up. If the product includes a decimal of less than 0.5, round down.
5. 
TDR Lots. Additional lots may be created with the application of Transferable Development Rights up to a maximum of 1 lot per 10 acres. To determine the actual number of additional lots, divide total net acreage (paragraph D.1) by 10. Subtract the number of conventional lots (paragraph D.3) from this number. Five TDRs are required for each additional lot up to a maximum density of 1 lot per 10 acres.
6. 
Receiving Area Lots. The Rural Community Districts are Receiving Areas for Transferable Development Rights (TDRs). To determine the number of receiving area lots that may be created:
a. 
In the Rural Community District outside the one-mile radius of Town Centers[2], divide the total net acreage (paragraph D.1) by 4 and round down to the nearest whole number. Subtract the number of conventional lots (paragraph D.3) and the number of TDR lots (paragraph D.4). The remaining number of lots may be created as receiving area lots with the application of five Transferable Development Rights for each lot provided conditions i, ii, and iii below are met.
[2]
Note: See Section 2-10.02.C for the definition of the 1-mile radius.
b. 
In the Rural Community District within the one-mile radius of the Town Centers[3], take the total net acreage (paragraph D.1) and round down to the nearest whole number. Subtract the number of conventional lots (paragraph D.3) and the number of TDR lots (paragraph D.4). The remainder is the number of lots that may be created as receiving area lots with the application of five Transferable Development Rights for each lot provided the conditions i, ii, and iii below are met.
i. 
The property is not located in the Resource Conservation Area or the Limited Development Area of the Critical Area.
ii. 
Receiving area lots (paragraph 5a or b) are not permitted within a major subdivision unless all owners in the subdivision sign the application. Those subdivisions which are only considered major subdivisions because of the creation of a right-of-way are exempt from this regulation.
iii. 
If the recording occurs in sections, then the developer shall be required to apply a proportionate number of the total development rights required for the entire subdivision to that section except for the recording of APFO exemption lots. When a parcel is developed in sections, a note shall be placed on the initial subdivision plat and all subsequent plats reserving for the remainder of the parcel the density available at the time the initial subdivision plat was approved. The density shall be expressed as dwelling units per acre. If, for whatever reason, a developer records more development rights than necessary to complete the development of a parcel, the number of such excessive development rights shall be determined by the Department of Planning and Zoning and recertified as eligible for use elsewhere.
[3]
Note: See Section 2-10.02.C for the definition of the 1-mile radius.
7. 
Family Conveyance Lots. Additional lots may only be created for family members from parcels of record as of November 2, 1999, provided that the following conditions are met:
[Amended 8-5-2015 by Ord. No. 31-15; 4-26-2017 by Ord. No. 15-17]
a. 
Any lot created as a family conveyance lot shall only be conveyed to a family of the grantor being: spouse, parent, child, grandchild, grandparent, sibling, or the child of a sibling, subject to the following:
i. 
Only one (1) set of family conveyance rights may be derived from parcel of record as of November 2, 1999, regardless of whether the parcel is held by Tenants in Common or Joint Tenants. In addition, only one (1) lot may be granted to any one (1) family member from the parcel of record as of November 2, 1999.
ii. 
A notarized Family Conveyance Affidavit shall be executed by the owner creating the family conveyance lot affirming that the designated grantee is an eligible family member as defined in Section 5-1.03.D.7.a., and has not received any other lots from the parcel of record as of November 2, 1999. The Affidavit shall be submitted with the preliminary plan application. The family conveyance lot shall be identified as such on the final plat and the Affidavit shall also be shown on the final plat and signed by the grantor.
iii. 
Legal documentation affirming the owner's relationship to the grantee must be submitted to the Department of Community Planning & Building as part of the preliminary plan application. Acceptable forms of documentation shall include: birth, death, and/or marriage certificates, or other valid government issued identification.
b. 
Any deed for a family conveyance lot created under this Section shall contain a covenant stating that the lot is created subject to the provisions set forth in Section 5-1.03.D.7.a.-e. of the Calvert County Zoning Ordinance.
c. 
The right to create family conveyance lots from a parcel of record as of November 2, 1999, shall remain with the land regardless of ownership.
i. 
In cases where the parcel of record as of November 2, 1999 has been further subdivided, any unused family conveyance rights shall remain with the parcel of record's residue.
ii. 
An owner of the parcel of record or its residue, may assign unused family conveyance rights by deed, but only to another property that was derived from the parcel of record as of November 2, 1999, or its residue.
iii. 
A Certificate of Title may be required to verify a parcel's eligibility to create family conveyance lots, or the number of family conveyance rights remaining with any property claiming such rights.
iv. 
In no case, shall more than one (1) set of family conveyance rights be granted to any parcel of record as of November 2, 1999, regardless of the number of property owners on the deed or the number of lots and parcels created from the parcel of record.
v. 
If there is a question regarding the eligibility of a parcel to create family conveyance lots, the burden of proof shall be on the property owner. Decisions concerning eligibility are to be made by the Zoning Officer and final decisions of the Zoning Officer may be appealed to the Board of Appeals, in accordance with Article 11.
d. 
The number of conventional lots calculated in Section 5-1.03.D.4., may be doubled for the creation of family conveyance lots. However, no more than seven (7) lots (family conveyance and conventional lots) may be created provided that the minimum lot size requirements of Section 5-1.06.A., Table 5-1, can be met. The creation of a family conveyance lot shall not require the application of Transfer Development Rights (TDRs), except as stipulated under Section 5-1.03.D.7.e.ii., provided that all other conditions in this Section are met.
e. 
Subsequent to the creation of a family conveyance lot by a recorded plat under this Article, the lot shall be subject to the following provisions:
i. 
The grantor must transfer ownership of the lot to the assigned grantee listed in the Family Conveyance Affidavit on the recorded final plat by deed, before any further transfer of the lot can take place.
ii. 
The assigned grantee may not subsequently transfer the family conveyance lot to any other person or entity for a minimum period of seven (7) years from the recording date of the deed transferring ownership from the grantor to the grantee, except as provided under Section 5-1.03.D.7.e.iii.; unless, five (5) Transfer Development Rights (TDR's) are applied to the lot and the final plat is revised to redesignate the lot as a non-family conveyance prior to deed transfer.
iii. 
A grantee may, within the first seven (7) years of ownership, transfer a family conveyance lot to another eligible family member as defined in Section 5-1.03.D.7.a., provided that the Family Conveyance Affidavit on the final plat is revised to reflect the newly assigned grantee prior to transfer. The newly assigned grantee must also complete the seven (7) year ownership requirement of the first grantee or meet the requirements of Section 5-1.03.D.7.e.ii., prior to transfer of the family conveyance lot.
iv. 
This Section does not prevent the transfer of a family conveyance lot to a third party as security for a mortgage or Deed of Trust or for a family conveyance lot that must be transferred or sold as a result of foreclosure or court order.
v. 
No residential building permits may be issued for a family conveyance lot that does not first meet the requirements of this Section.
Family conveyance lots created before the adoption of Section 5-1.03.D.7., shall comply with the set forth in the zoning ordinance in effect at the time the lot was first recorded.

5-1.04 Residential Density Requirements in the Residential District

A. 
Purpose. The Residential District is intended for residential development.
B. 
Land in Agricultural Preservation Overlay Districts (APDs)[1]. Within an approved APD, the following number of residential lots shall be permitted:
1. 
APDs consisting of less than 25 acres -no additional lots or houses are allowed.
2. 
APDs consisting of at least 25 acres but less than 50 acres - 1 lot in addition to the existing house.
3. 
APDs consisting of at least 50 acres but less than 75 acres - 2 lots in addition to the existing house.
4. 
APDs consisting of 75 acres or more - 3 lots in addition to the existing house.
This lot density may not be increased. Lots must be approved by the Agricultural Preservation Board as per the criteria in the Program Rules and Regulations.
[1]
Note: The provisions of this Section apply to APDs in the County Agricultural Preservation Program only. If a property is in a State APD, the subdivision must also be approved by the Maryland Agricultural Land Preservation Foundation.
C. 
Land in the Resource Conservation Area of the Critical Area Overlay District
The maximum allowable density is one lot per 20 acres. This lot density may only be increased through intra-family transfer if the parcel is eligible. See Section 8-1 for eligibility requirements and lot calculation. For parcels divided by the Critical Area line, the density requirements in the Resource Conservation Area are applied to the portion of the property lying within the Critical Area, and the density requirements for the Residential District are applied to the portion of the property lying outside the Critical Area.
D. 
All other land within the Residential District
1. 
The zoned density is one dwelling unit per 4 acres after tidal wetlands, nontidal wetlands, zoned wetlands, and State wetlands are deducted (net acreage). The boundaries of wetlands are:
a. 
as determined on the official zoning map,
b. 
as delineated and verified by qualified professionals as meeting the definition of jurisdictional wetlands according to State and/or Federal regulation; or
c. 
those areas meeting the definition of State and/or Federal jurisdictional wetlands. See Section 8-2.05 for further details.
2. 
Conventional Lots or Dwelling Units. Divide the total net acreage (paragraph D.1) by 4. If the product includes a decimal of any amount, round down to the nearest whole number.
[Amended 5-12-2009]
3. 
Receiving Area Lots. The Residential District is a Receiving Area for Transferable Development Rights (TDRs).
a. 
Receiving area lots or dwelling units outside a one-mile radius of Town Centers[2]. To determine the number of receiving area lots or dwelling units that can be created, divide the net acreage (paragraph D.1) by 2. Subtract the number of conventional lots or dwelling units (paragraph D.2). The remainder is the number of receiving area lots or dwelling units. Five Transferable Development Rights are required for each additional lot or dwelling unit.
[2]
Note: Section 2-10.02.C for the definition of the 1-mile radius.
b. 
Receiving Area Lots or dwelling units inside a one-mile radius of Town Centers[3]. To determine the number of receiving area lots or dwelling units that can be created, multiply the net acreage (paragraph D.1) by 4. Subtract the number of conventional lots or dwelling units (paragraph D.2). The remainder is the number of receiving area lots or dwelling units. Five Transferable Development Rights are required for each additional lot or dwelling unit. Note: The Board of County Commissioners may exempt affordable housing agencies from having to apply TDRs to obtain the increased density.
[3]
Note: Section 2-10.02.C for the definition of the 1-mile radius.
4. 
Family Conveyance Lots. Additional lots may only be created for family members from parcels of record as of November 2, 1999, providing the following requirements are met:
[Amended 8-5-2015 by Ord. No. 31-15; 4-26-2017 by Ord. No. 15-17]
a. 
Any lot created as a family conveyance lot shall only be conveyed to a family of the grantor being: spouse, parent, child, grandchild, grandparent, sibling, or the child of a sibling, subject to the following:
i. 
Only one (1) set of family conveyance rights may be derived from any parcel of record as of April 22, 1980, regardless of whether the parcel is held by Tenants in Common or Joint Tenants. In addition, only one (1) lot may be granted to any one (1) family member from the parcel of record as of November 2, 1999.
ii. 
A notarized Family Conveyance Affidavit shall be executed by the owner creating the family conveyance lot affirming that the designated grantee is an eligible family member as defined in Section 5-1.04.D.4.a., and has not received any other lots from the parcel of record as of November 2, 1999. The Affidavit shall be submitted with the preliminary plan application. The family conveyance lot shall be identified as such on the final plat and the Affidavit shall also be shown on the final plat and signed by the grantor.
iii. 
Legal documentation affirming the owner's relationship to the grantee must be submitted to the Department of Community Planning & Building as part of the preliminary plan application. Acceptable forms of documentation shall include: birth, death, and/or marriage certificates, or other valid government issued identification.
b. 
Any deed for a family conveyance lot created under this Section shall contain a covenant stating that the lot is created subject to the provisions set forth in Section 5-1.04.D.4.a.-e. of the Calvert County Zoning Ordinance.
c. 
The right to create family conveyance lots from a parcel of record as of November 2, 1999, shall remain with the land regardless of ownership.
i. 
In cases where the parcel of record as of November 2, 1999 has been subsequently divided by deed or subdivision, any unused family conveyance rights shall remain with the parcel of record's residue.
ii. 
An owner of the parcel of record or its residue, may assign unused family conveyance rights by deed, but only to another property that was derived from the parcel of record as of November 2, 1999, or its residue.
iii. 
A Certificate of Title may be required to verify a parcel's eligibility to create family conveyance lots, or the number of family conveyance rights remaining with any property claiming such rights.
iv. 
In no case, shall more than one (1) set of family conveyance rights be granted from any parcel of record as of November 2, 1999, regardless of the number of property owners on the deed or the number of lots and parcels created from the parcel of record.
v. 
If there is a question regarding the eligibility of a parcel to create family conveyance lots, the burden of proof shall be on the property owner. Decisions concerning eligibility are to be made by the Zoning Officer and final decisions of the Zoning Officer may be appealed to the Board of Appeals, in accordance with Article 11.
d. 
The number of conventional lots calculated in Section 5-1.04.D.2., may be doubled for the creation of family conveyance lots. However, no more than seven (7) lots (family conveyance and conventional lots) may be created provided that the minimum lot size requirements of Section 5-1.06.A., Table 5-1, can be met. The creation of a family conveyance lot shall not require the application of Transfer Development Rights (TDRs); except as stipulated under Section 5-1.04.D.4.e.i.-v., provided that all other conditions in this Section are met.
e. 
Subsequent to the creation of a family conveyance lot by a recorded plat under this Article, the lot shall be subject to the following provisions:
i. 
The grantor must transfer ownership of the lot to the assigned grantee listed in the Family Conveyance Affidavit on the recorded final plat by deed, before any further transfer of the lot can take place.
ii. 
The assigned grantee may not subsequently transfer the family conveyance lot to any other person or entity for a minimum period of seven (7) years from the recording date of the deed transferring ownership from the grantor to the grantee, except as provided under Section 5-1.04.D.4.e.iii.; unless, five (5) Transfer Development Rights (TDR's) are applied to the lot and the final plat is revised to redesignate the lot as a non-family conveyance prior to deed transfer.
iii. 
A grantee may within the first seven (7) years of ownership, transfer a family conveyance lot to another eligible family member as defined under Section 5-1.04.D.4.a., provided that the Family Conveyance Affidavit on the final plat is revised to reflect the newly assigned grantee prior to transfer. The newly assigned grantee must also complete the seven (7) year ownership requirement of the first grantee or meet the requirements of Section 5-1.04.d.4.e.ii., prior to transfer of the family conveyance lot.
iv. 
This Section does not prevent the transfer of a family conveyance lot to a third party as security for a mortgage or Deed of Trust or for a family conveyance lot that must be transferred or sold as a result of foreclosure or court order.
v. 
No residential building permits may be issued for a family conveyance lot that does not first meet the requirements of this Section.
Family conveyance lots created before the adoption of Section 5-1.04.D.4., shall comply with the requirements set forth in the zoning ordinance in effect at the time the lot was first recorded.

5-1.05 Residential Density Requirements in the Employment Center, Rural Commercial, Marine Commercial, and Light Industrial Districts

A. 
One (1) single-family detached dwelling shall be permitted for family conveyance purposes per buildable lot or parcel of record as of May 1, 2006. No additional lots are permitted in the Employment Center, Rural Commercial, Marine Commercial, or Light Industrial Districts. Notwithstanding the foregoing, no more than two family conveyance lots may be created in these I-1 and EC Districts, subject to meeting the provisions of Article 5 and the following requirements:
[Amended 4-26-2017 by Ord. No. 15-17]
1. 
Any lot created as a family conveyance lot shall only be conveyed to a family member of the grantor being: spouse, parent, child, grandchild, grandparent, sibling, or the child of a sibling, subject to the following:
a. 
Only one (1) family conveyance right may be derived from any parcel of record as of May 1, 2006, regardless of whether the parcel is held by Tenants in Common or Joint Tenants. In addition, the family conveyance lot may only be granted to a family member as defined in Section 5-1.05.A.1., that has not previously received a lot from the parcel of record as of May 1, 2006.
b. 
A notarized Family Conveyance Affidavit shall be executed by the owner creating the family conveyance lot affirming that the assigned grantee is an eligible family member as defined by Section 5-1.05.A.1., and has not received any other lots from the parcel of record as of May 1, 2006. The Affidavit shall be submitted with the preliminary plan application. The family conveyance lot shall be identified as such on the final plat and the Affidavit shall also be shown on the final plat and signed by the grantor.
c. 
Legal documentation affirming the owner's relationship to the grantee must be submitted to the Department of Community Planning & Building as part of the preliminary plan application. Acceptable forms of documentation shall include: birth, death, and/or marriage certificates, or other valid government issued identification.
2. 
Any deed for a family conveyance lot created under this Section shall contain a covenant stating that the lot is created subject to the provisions set forth in Section 5-1.05.A.1.-6., of the Calvert County Zoning Ordinance.
3. 
The right to create a family conveyance lot from a parcel of record as of May 1, 2006, shall remain with the land regardless of ownership. Such rights may be transferred by deed, but only to a lot or parcel derived from the parcel of record.
a. 
In cases where the parcel of record as of May 1, 2006 has been further subdivided, any unused family conveyance right shall remain with the parcel of record's residue.
b. 
An owner of the parcel of record or its residue, may assign an unused family conveyance right by, but only to another property that was derived from the parcel of record as of May 1, 2006, or its residue.
c. 
A Certificate of Title may be required to verify a parcel's eligibility to create family conveyance lots, or the number of family conveyance rights remaining with any property claiming such rights.
d. 
In no case, shall more than one (1) family conveyance right be granted to any parcel of record as of May 1, 2006, regardless of the number of property owners on the deed or the number of lots and parcels created from the parcel of record.
e. 
If there is a question regarding the eligibility of a parcel to create family conveyance lots, the burden of proof shall be on the property owner. Decisions concerning eligibility are to be made by the Zoning Officer and may be appealed to the Board of Appeals.
4. 
If there is a question regarding the eligibility of a parcel to create family conveyance lots, the burden of proof shall be on the property owner. Decisions concerning eligibility are to be made by the Zoning Officer and final decisions of the Zoning Officer may be appealed to the Board of Appeals, in accordance with Article 11.
5. 
Family Conveyance lots created under this Section shall minimum lot size requirements of Section 5-1.06.A., Table 5-1. The creation of a family conveyance lot shall not require the application of Transfer Development Rights (TDRs); except, as stipulated under Section 5-1.05.A.6.a.-e., provided that all other conditions in this Section are met.
6. 
Subsequent to the creation of a family conveyance lot by a recorded plat under this Article, the lot shall be subject to the following provisions:
a. 
The grantor must transfer ownership of the lot to the assigned grantee listed in the Family Conveyance Affidavit on the recorded final plat by deed, before any further transfer of the lot can take place.
b. 
The assigned grantee may not subsequently transfer the family conveyance lot to any other person or entity for a minimum period of seven (7) years from the recording date of the deed transferring ownership from the grantor to the grantee, except as provided under Section 5-1.05.A.6.c.; unless, five (5) Transfer Development Rights (TDR's) are applied to the lot and the final plat is revised to redesignate the lot as a non-family conveyance prior to deed transfer.
c. 
A grantee may within the first seven (7) years of ownership, transfer a family conveyance lot to another eligible family member as defined in Section 5-1.05.A.1., provided that the Family Conveyance Affidavit on the final plat is revised to reflect the newly assigned grantee prior to transfer. The newly assigned grantee must also complete the seven (7) year ownership requirement of the first grantee or meet the requirements of Section 5-1.05.A.6.b., prior to transfer of the family conveyance lot.
d. 
This Section does not prevent the transfer of a family conveyance lot to a third party as security for a mortgage or Deed of Trust or for a family conveyance lot that must be transferred or sold as a result of foreclosure or court order.
e. 
No residential building permits may be issued for a family conveyance lot that does not first meet the requirements of this Section.
Family conveyance lots created before the adoption of Section 5-1.05.A., shall comply with the requirements set forth in the zoning ordinance in effect at the time the lot was first recorded.
B. 
Apartments intended for occupancy by persons who meet the criteria for workforce housing may be structurally attached to approved businesses in the Employment Center, Rural Commercial, and Marine Commercial Districts subject to the conditions of this Section. The owner or applicant shall provide verification of compliance with these conditions prior to approval of the site plan.
[Amended 3-25-2008]
1. 
The floor area occupied by the apartment(s) may be divided into any number of apartments provided that:
a. 
The total square footage of all apartments combined shall not exceed the square footage of the business; and
b. 
The size of the apartments shall be no less than 400 square feet and no more than 800 square feet; and
2. 
In addition to the parking required for the business, a minimum of one parking space shall be provided for each apartment plus an additional 20% for overflow and visitor parking; and
3. 
Prior to final site plan approval, covenants shall be recorded in the Land Records of Calvert County indicating that the apartments are restricted to occupants who qualify for workforce housing in perpetuity.
4. 
Renter eligibility shall be verified by the Calvert County Housing Authority.
C. 
Apartments that are not intended for occupancy by persons who meet the criteria for low-income, and/or workforce-housing may be structurally attached to approved businesses in the Employment Center, Rural Commercial, and Marine Commercial Districts subject to the following conditions:
[Amended 3-25-2008]
1. 
The total square footage of all apartments combined shall not exceed the square footage of the business; and
2. 
In addition to the parking required for the business, a minimum of one parking space shall be provided for each apartment plus an additional 20% for overflow and visitor parking; and
3. 
There is no minimum or maximum square footage requirement for individual apartments; however, five Transferable Development Rights (TDRs) shall be applied for each apartment.

5-1.06 Minimum Lot Size Requirements for Single-Family Detached Development Outside Town Centers

A. 
Minimum lot sizes are specified where needed to:
1. 
encourage development in those areas of the County established in the Comprehensive Plan as suitable for development;
2. 
encourage compatible development;
3. 
promote a healthy living environment.
TABLE 5-1
MINIMUM LOT SIZES FOR SINGLE-FAMILY DETACHED RESIDENTIAL DEVELOPMENT OUTSIDE TOWN CENTERS
DISTRICT
MINIMUM LOT SIZE
Critical Area Overlay
See Article 8
Agricultural Preservation District (APD) Overlay
1 acre
FFD and RCD (non-cluster)
Exception Lots: 1 acre[1]
All remaining lots: 3 acres
FFD and RCD (cluster)
1 acre
RD outside 1-mile radius of Town Centers[2] (non-cluster & cluster)
1 acre
RD inside 1-mile radius of Town Centers[3] (non-cluster & cluster)
1 acre - May be reduced to a minimum of 10,000 sq. ft. provided Health Department requirements are met.
EC, RC, MC
1 acre
I-1
3 acres
[1]
Note: See Sections 5-1.02.D.2.b and 5-1.03.D.2.b
[2]
Note: See Section 2-10.02.C for the definition of the 1-mile radius.
[3]
Note: See Section 2-10.02.C for the definition of the 1-mile radius.

5-1.07 Minimum Setbacks and Lot Width Requirements for Single-Family Detached Development Outside Town Centers

A. 
In general, the purpose of setbacks is to ensure that the use of a property does not infringe on the rights of neighbors, to allow room for lawns and trees, for light and sunshine in the home, for space for recreation outside the home, and to serve as filtration areas for storm water run-off.
B. 
In the Rural Community and Farm and Forest District, dwelling setbacks are also needed to provide a buffer from permitted agricultural uses, such as raising animals, and to provide privacy for those desiring a more rural atmosphere.
C. 
Front Setbacks: Adequate front setbacks reduce the noise and dust that can reach a home. Within a district, relatively uniform setbacks are needed to prevent structures from obstructing views on adjoining lots.
D. 
Side Setbacks: Adequate side setbacks are needed to provide light and air between buildings. In particular, a noise and visual buffer is needed if windows are located on the side of a dwelling.
E. 
Rear Setbacks: Adequate rear setbacks are needed to provide an area for recreation, storage, etc.
005 5_1.07 Min Setbacks Single Fam Det.tif
Section 5-1.07 - Examples of Lot Orientations
TABLE 5-2
MINIMUM SETBACKS AND LOT WIDTH REQUIREMENTS FOR SINGLE-FAMILY DETACHED RESIDENTIAL DEVELOPMENT OUTSIDE TOWN CENTERS
LOT SIZE
SETBACKS
MINIMUM LOT WIDTH
All Districts Outside Town Centers
From existing County and State Roads[1]
From interior subdivision roads
Side
Rear
At Front Building Restriction Line
At Water Frontage
Less than 3 acres
100' from Rt. 2, 4, 2/4, 260, 261, 263 & 231
60' from all other roads
25'
10'
35'
100'
150'
3 acres or more
100' from Rt. 2, 4, 2/4, 260, 261, 263 & 231
60' from all other roads
60'
30'
60'
200'
200'
[1]
Note also Front Roadway Buffer requirements (Section 5-2.01.D.5.b)

5-1.08 Residential Density and Minimum Lot Sizes - Town Centers

TABLE 5-3
TABLE 5-3
Residential Density and Minimum Lot Sizes - Town Centers*
Residential Density = D; Minimum Lot Size = L
Single-family Detached
Duplex, triplex, fourplex (unless otherwise noted)
Townhouse
Multi-family
Base
With TDRs
Base
With TDRs
Base
With TDRs
Base
With TDRs
Dunkirk
Five TDRs are required for each unit above 1/acre1. Age-restricted housing communities which are properly submitted for approval to the Department of Planning & Zoning prior to July 1, 2006 shall be exempt from the requirement to purchase TDRs.
D
1/acre
4/acre
1/acre
4/acre
1/acre
4/acre
1/1 acre
14/acre2
L
None
None
None
None
None
None
None
None
Owings
Village District and Edge District: Five TDRs are required for each lot or dwelling unit which is created in excess of one dwelling unit per acre1. Agerestricted housing communities which are properly submitted for approval to the Department of Planning & Zoning prior to July 1, 2006 shall be exempt from the requirement to purchase TDRs.
Edge
D
1/acre
No maximum
1/acre (duplex only)
No maximum
L
14,200st3
4
14,200st3
4
14,200st3
4
14,200st3
4
Village
D
1/acre
No maximum
1/acre (duplex only)
No maximum
1/acre
No maximum
1/acre
No maximum
L
None5
None5
None5
None5
None5
None5
None5
None5
Core
D
No maximum
No maximum
No maximum
No maximum
L
6
6
6
6
Huntingtown
All Districts: Five TDRs are required for each lot or dwelling unit above one dwelling unit per acre1. Age-restricted housing communities which are properly submitted for approval to the Department of Planning & Zoning prior to July 1, 2006 shall be exempt from the requirement to purchase TDRs.
Mixed-Use
D
1/acre
70% lot coverage
1/acre
70% lot coverage
1/acre
70% lot coverage
L
None
None
None
None
None
None
Neighborhood
D
1/acre
1/15,000sf7
1/acre
1/15,000sf7
1/15,000sf7
L
15,000sf7
15,000sf7
15,000sf7
15,000sf7
1/15,000sf7
1/15,000sf7
Residential
D
1/acre
15,000sf8
L
40,000/15,000st8
15,000sf8
Prince Frederick
[Amended 11-30-2015 by Ord. No. 40-15]
All Districts. The number of dwelling units that can be placed on any given site will be determined on the basis of Town Center regulations but in no case may exceed 14 units per acre. No minimum lot size is required. TDRs are required for each dwelling unit over one per acre.9 Age-restricted housing communities which are properly submitted for approval to the Department of Planning & Zoning prior to July 1, 2006 shall be exempt from the requirement to purchase TDRs.
Old Town
Old Town Res.
Old Town Trans.
The site is immediately adjacent to Rt. 2/4 or Dares Beach Road.
Fairgrounds
Provided at least 40% of dwelling units on any given site are single-family detached.
Provided at least 40% of dwelling units on any given site are single-family detached.
Provided no more than 20% of the dwelling units on any given site are multi-family
Entry
1
10
10
10
Village
10
10
10
10
New Town
10
10
10
10
Forest
30% of units must be single-family detached, 2/acre
30% of units must be single-family attached (including Townhouse);
30% of units must be single-family attached (including Townhouse)
30% of units must be multifamily.
St. Leonard
Village District: Five Transferable Development Rights (TDRs) are required for each lot or dwelling unit which is created in excess of one dwelling unit per 40,000 sf.11 Age-restricted housing communities which are properly submitted for approval to the Department of Planning & Zoning prior to July 1, 2006 shall be exempt from the requirement to purchase TDRs.
Village-subarea A
D
1/40,000sf
1/40,000sf
L
40,000sf
20,000sf
40,000sf (duplex only)
20,000sf
Village-Subarea B
D
1/40,000sf
1/40,000sf
L
40,000sf
20,000sf
40,000sf (duplex only)
20,000sf
Residential
D
1/40,000sf
1/40,000sf
L
40,000sf
TDRs not permitted
40,000sf (duplex only)
TDRs not permitted
Lusby
[Amended 11-30-2015 by Ord. No. 40-15]
Village Edge District & Village Residential-Office District: TDRs are required to develop each dwelling unit over dwelling unit over one unit per acre.11 Age-restricted housing communities which are properly submitted for approval to the Department of Planning & Zoning prior to July 1, 2006 shall be exempt from the requirement to purchase TDRs. Minimum lot size may be impacted by required setbacks and forest buffers.
Village Residential-Office
D
1/acre
9/acre
1/acre
9/acre
1/acre
9/acre
1/acre
9/acre
L
2,000 sf
2,000 sf
2,000 sf
2,000 sf
2,000 sf
2,000 sf
2,000 sf
2,000 sf
Village Edge
D
1/acre
9/acre
1/acre
9/acre
1/acre
9/acre
1/acre
9/acre
L
5,000 sf
5,000 sf
5,000 sf
5,000 sf
5,000 sf
5,000 sf
5,000 sf
5,000 sf
All Other Districts
D
L
Solomons
[Amended 9-22-2009]
Single-family Detached
Apartments in a Mixed Use Building and Attached Dwellings: Duplex, Fourplex, Multi-family, Townhouse, Triplex (where permitted)
Base
With TDRs12
Base
With TDRs2
C1 Sub-area
D
1/lot
1/lot
1/acre
20/acre
L
N/A
N/A
N/A
N/A
C6 Sub-area
D
1/acre
10/acre
1/acre
10/acre
L
4,000 sf
4,000 sf
4,000 sf
4,000 sf
C7 Sub-area
D
1/acre
4/acre
1/acre
4/acre
L
4,000 sf
4,000 sf
4,000 sf
4,000 sf
All Other Sub-areas
D
1/acre
7/acre
1/acre
7/acre
L
4,000 sf
4,000 sf
4,000 sf
4,000 sf
* Refer to individual Town Center Zoning Ordinances for specific requirements. Conditions may apply which are not included in this table.
1 In lieu of purchasing TDRs, applicants with bona fide affordable housing projects may apply to the Board of County Commissioners for a waiver of the requirement to purchase TDRs. See the Town Center Zoning Ordinance for details.
2 In lieu of purchasing TDRs, applicants with bona fide affordable housing projects may apply to the Board of County Commissioners for a waiver of the requirement to purchase TDRs. See the Town Center Zoning Ordinance for details.
3 5,000 square feet if public water and sewer provided.
4 See Table 5-5.02B, Lot Requirements for the Edge District.
5 See Table 5-4.02B, Lot Requirements for the Village District.
6 See Table 5-3.02B, Lot Requirements for the Core District.
7 Where communal septic systems are provided, the minimum lot size may be modified with approval of the Planning Commission. However, the overall density may not exceed 1/15,000 sf.
8 Where public water is provided.
9 In lieu of purchasing TDRs, applicants with bona fide affordable housing projects may apply to the Board of County Commissioners for a waiver of the requirement to purchase TDRs. See the Town Center Zoning Ordinance for details.
10 Special conditions are required for these uses. See the Prince Frederick Zoning Ordinance for conditions. [Amended 11-30-2015 by Ord. No. 40-15]
11 In lieu of purchasing TDRs, applicants with bona fide affordable housing projects may apply to the Board of County Commissioners for a waiver of the requirement to purchase TDRs. See the Town Center Zoning Ordinance for details.
12 The Board of County Commissioners may reduce the number of TDRs required for workforce housing and for non-profit organization which provide public benefit. See Section 5-1.08.B.3 of the Solomons Zoning Ordinance for details. [Amended 11-30-2015 by Ord. No. 40-15]

5-1.09 Development of Previously-Recorded Residential Lots

A. 
For lots and parcels of record as of June 29, 1967, the following shall apply:
[Amended 9-21-2010]
1. 
Setbacks - Setbacks recorded on plats or in covenants shall be applied. If no setbacks are recorded, the following setbacks shall apply:
TABLE 5-4
SETBACKS FOR PREVIOUSLY-RECORDED RESIDENTIAL LOTS
LOT SIZE
FRONT SETBACK
SIDE SETBACK
(EACH)
REAR SETBACK
20,000 Sq. Ft. or Less
25 feet
6 feet
20 feet
> 20,000 Sq. Ft. and < 1 acre
35 feet
10 feet
35 feet
> 1 acre
Use Setbacks specified in Table 5-2.
2. 
Lot Size - If a lot was legally recorded prior to the adoption of the Zoning Ordinance on June 29, 1967 or if it met the lot size requirements at the time it was recorded, that lot is buildable if:
[Amended 9-21-2010]
a. 
the building can meet the minimum setbacks for a lot of equivalent size as per paragraph 'A.1' of this Section, and
b. 
the lot receives Health Department approval, and
c. 
the lot has adequate access to a road constructed to the standards specified in the Calvert County Road Ordinance (Chapter 104 of the Code of Calvert County); and
d. 
the lot has not been reduced in size.
[Amended 9-21-2010]
B. 
For a lot properly recorded in the Land Records on or after June 29, 1967 and before October 21, 1974, the lot is buildable if:
[Amended 9-21-2010]
1. 
the lot met the lot size requirements at the time it was recorded; and
2. 
the dwelling can meet the minimum setbacks for a lot of equivalent size as per paragraph 'A.1' of this Section; and
3. 
the Health Department grants approval; and
4. 
the lot has adequate access to a road constructed to the standards specified in the Calvert County Road Ordinance (Chapter 104 of the Code of Calvert County); and
5. 
In major subdivisions recorded on or after April 2, 1972, the lot is only buildable if it was approved by the Planning Commission.
C. 
For a lot recorded in the Land Records on or after October 21, 1974, it is buildable if:
1. 
the lot receives Health Department approval; and
2. 
the lot has adequate access to a road constructed to the standards specified in the Calvert County Road Ordinance (Chapter 104 of the Code of Calvert County); and
3. 
the lot was given final subdivision approval by the Planning Commission.
D. 
Residue from Comprehensive Rezoning - If a portion of a recorded lot was comprehensively rezoned to Rural Commercial, the residue shall be considered a buildable lot if it meets the criteria in Section 5-1.09.A.1 and 2.a, b and c.
E. 
Development on Properties Where Two or More Lots are Required to Establish an Approved Building Site
1. 
If a lot is determined to be unbuildable as a result of failure to meet the minimum standards for residential construction, and combination with one or more other lots is required for standards to be met, the lots combined to meet this standard must be contiguous along a common boundary for a minimum distance of 20 feet. If more than two lots are being combined, each lot must be contiguous along a common boundary of at least one other lot being combined for a minimum distance of 20 feet. A plat showing the newly created lot shall be prepared by a licensed surveyor, approved by the Planning Commission or its designee, and recorded among the land records before a building permit will be issued for construction thereon. Septic fields (primary and back-up) must be located within the boundaries of the new lot.
2. 
If a lot is to be subdivided, with partitioning to other adjoining lots so as to create one or more buildable lots from the combined properties, then that lot must meet current subdivision regulations.
F. 
Development on Small Lots in Communities Without Approved Stormwater Management Plans
1. 
To reduce the effects of stormwater runoff and erosion, clearing of vegetation on all lots less than 20,000 square feet in size shall be limited to no more than 6,000 square feet.
2. 
The Zoning Officer, with recommendation by the Environmental Planner, may waive this requirement for properties outside the Critical Area if it is shown that the clearing limitation would pose undue hardship. Waivers to clearing limitations include clearing fees of $0.60 per square foot for the area cleared beyond 6,000 square feet. If a waiver is granted, the limit-of-disturbance shall be staked and flagged prior to issuance of the grading and/or building permits. The stakes and flags shall remain in place throughout development of the property until a Use and Occupancy Permit is issued.
3. 
Unauthorized clearing (clearing without a permit or clearing beyond the area that was approved on a grading permit) is considered a violation and will result in the following enforcement actions:
a. 
A stop-work order shall be issued and permit approval or reapproval shall be required before work may proceed; and
b. 
Fines of $1.20 per square foot for the area cleared without permits or beyond the permit limits shall be required before a stop-work order is rescinded; and
c. 
The applicant shall be required to post a bond for replanting the area of unauthorized clearing. See Section 8-2.07.C for bonding procedures.
4. 
Impervious surfaces shall be limited to no more than 15 percent of the lot if the lot contains more than one-half acre. If the lot contains less than one-half acre, impervious surfaces shall be limited to no more than 25 percent of the lot or 5,445 square feet, whichever is greater.
G. 
Development on Slopes Greater than 25 Percent
Construction on slopes of 25 percent or greater shall comply with the requirements of Section 8-2.04 of this Ordinance.
H. 
Retirement of Existing Lots and Creation of Transferable Development Rights (TDRs)
[Amended 4-15-2016 by Ord. No. 09-16]
1. 
No new TDRs shall be created except as provided at Section 2-10.01.H. Certified TDRs for which covenants have been recorded prior to April 15, 2016, created under this Section 5-1.09 from a recorded, unimproved subdivision lot, shall be used in the same manner as those created pursuant to Section 2-10.01.
2. 
Prior to conveyance of one or more TDRs certified under this Section, the owner of the lot from which the TDRs were certified shall record restrictive covenants, as prescribed by the Board of County Commissioners, on the lot from which the TDRs were certified.

5-1.10 Accessory Use Setbacks

[Amended 8-8-2006; 9-21-2010; 4-16-2012]
TABLE 5-5
ACCESSORY USE SETBACKS
Use
District
Min. Front Setback
Min. Side Setback (Each)
Min. Rear Setback
Detached Accessory Building, Structure or Use containing less than 500 square feet (other than those listed below), when Principal Use is Residential or Agricultural and located on the same property with the principal use
All
Same Front Setback as Principal Dwelling (See Table 5-2 & 5-4)
5 feet
5 feet
Detached Accessory Building, Structure or Use containing less than 500 square feet (other than those listed below), when Principal Use is Residential or Agricultural and located on an adjoining property to the principal use
All
Same Setbacks as Principal Dwelling (See Table 5-2 & 5-4)
Detached Accessory Building, Structure or Use containing 500 square feet or more (other than those listed below), when Principal Use is Residential or Agricultural
All
Same Setbacks as Principal Dwelling (See Table 5-2 & 5-4)
Accessory Apartment
All
Same Setbacks as Principal Dwelling (See Table 5-2 & 5-4)
Fence
All
May be placed on property line
Power Generating Facility, Accessory to a Residence or Business - See Section 3-1.09 for definition.
All
Same Setbacks as Principal Dwelling (See Table 5-2 & 5-4)
Retaining Wall
All
5 feet
5 feet
5 feet
Structure for the Keeping of Animals (on non-farm properties) - See Section 3-1.11 for definition.
All
Same Front Setback as Principal Dwelling (See Table 5-2 & 5-4)
25 feet
25 feet
Swimming Pool & Associated Deck or Patio
All
Same Front Setback as Principal Dwelling (See Table 5-2 & 5-4)
5 feet
5 feet

5-1.11 Height Regulations for All Districts

No building or structure shall exceed 40 feet, including the roof, except as indicated in paragraphs 'A' and 'B' of this Section. The maximum height of a building or structure shall be measured from the average elevation of the finished grade at the front of the building facing the street to the highest point of the roof except as indicated in Section C, below.
A. 
Fire towers, hose towers, cooling towers, steeples, flag poles, silos, smokestacks, masts, transmission line poles and towers, water tanks, and monuments are exempt from height restrictions unless used for the purpose of camouflaging or concealing wireless communications facilities such as towers or antennas. Towers, antennas and wind energy systems (i.e., windmills) shall be subject to the requirements of Section 3-3 herein.
[Amended 10-13-2010]
B. 
A clock tower or cupola containing no more than 150 square feet may exceed the height regulations by no more than 12 feet.
C. 
For structures with the lowest floor support beams raised to or above the flood protection elevation, the maximum height of a building or structure shall be measured from the flood protection elevation to the highest point of the roof. For structures with the lowest floor support beams raised to one foot above the flood protection elevation, the maximum height of a building or structure shall be measured from the flood protection elevation plus one foot to the highest point of the roof.
[Amended 12-14-2011]

5-1.12 Parking Requirements for Residential Development

A. 
The provisions of this Section shall apply to all new construction, to additions to existing buildings and structures, and to buildings for which the principal use is being changed or accessory uses are being changed or added. Occupancy permits will not be granted until such parking and loading facilities are constructed and available. See Section 5-3.08 for additional parking requirements that apply to Townhouse, Single-Family Attached, and Multi-family Development.
[Amended 12-21-2014 by Ord. No. 47-14]
B. 
Parking, loading and driveway surfaces shall meet the standards of the Road Ordinance (Chapter 104 of the Code of Calvert County).
C. 
Parking Space Requirements
[Amended 9-21-2010; 12-21-2014 by Ord. No. 47-14]
1. 
For the purpose of this Section, each off-street parking space shall measure nine feet by 18 feet, at a minimum, exclusive of access drives.
2. 
Parallel parking spaces shall measure 23 feet by seven feet, at a minimum.
3. 
Individual garages shall not be counted when calculating the number of parking spaces for single-family detached dwellings. The area covered by a carport shall be counted toward meeting the minimum parking requirements as long as the carport is not enclosed.
4. 
All parking, passenger loading zones and signage for accessible parking spaces shall comply at a minimum with the Maryland Accessibility Code (MAC). All other current Federal and State accessibility guidelines for site design shall apply. Any dimensions listed in the Ordinance are offered as examples only.
5. 
When calculating the number of parking spaces, fractions shall be rounded up.
6. 
Parking spaces shall be provided for each individual use on the parcel as indicated in Table 5-6.
7. 
Parking spaces within residential driveways shall measure nine feet by 23 feet, at a minimum for a single driveway space and nine feet by 18 feet for each additional in-line, tandem space.
TABLE 5-6 MINIMUM NUMBER OF PARKING SPACES REQUIRED
USE
NUMBER OF SPACES
Apartment, Accessory to a Single-family Detached Dwelling
1
Apartment, Accessory for Resident Watchman/Caretaker
1
Apartment, Accessory Over a Business
1 per unit + parking required for business (see parking matrix for mixed use)
Assisted Living Facility
1 per 5 beds + 1 per on-duty employee
Bed & Breakfast Facility, up to 2 Bedrooms in Use
2 per dwelling plus 1 per rented bedroom
Bed & Breakfast Facility, 3 to 5 Bedrooms in Use
2 per dwelling plus 1 per rented bedroom
Boarding House
2 per dwelling plus 1 per rented bedroom
Dwelling, Attached (Duplex, Triplex, Fourplex, Multi-family, Townhouse, or Mixed Residential)[1][2]
1.5 per dwelling unit for efficiency or with 1-bedroom
2 per dwelling unit with 2 bedrooms
3 per dwelling unit with 3 or greater bedrooms
Dwelling, Single-Family Detached (on lot < 10,000 square feet) [3]Guest and overflow parking is required for new single-family detached developments
2
Dwelling, Single-Family Detached (on lot > 10,000 square feet)
2
Group Home
2 per dwelling plus 1 per 2 rented bedrooms
Liveaboards
Included in marina parking
Manufactured Home Community[4]
2 per unit
Manufactured Home, Farm
2
Manufactured Home on Individual Lot
2
Manufactured Home or Recreational Vehicle (Emergency)
2
Manufactured Home For Resident Watchman/Caretaker
2
Manufactured Home Subdivision[5]
2 per unit
Tenant House
2
[1]
In addition, a minimum of an additional 25 percent of the total number of required spaces provided for the attached and detached dwelling units shall be provided for guests and overflow parking. Such parking shall be provided as a separate parking area(s) located within 0.25 mi. from the furthest units within the development.
[2]
The Planning Commission may grant a reduction in the number of parking spaces required for single-family attached dwelling developments for an Age-Restricted Housing Community or an Affordable Housing Community if the community is located within a Town Center that is served by a public transportation system.
[3]
In addition, a minimum of an additional 25 percent of the total number of required spaces provided for the attached and detached dwelling units shall be provided for guests and overflow parking. Such parking shall be provided as a separate parking area(s) located within 0.25 mi. from the furthest units within the development.
[4]
In addition, a minimum of an additional 25 percent of the total number of required spaces provided for the attached and detached dwelling units shall be provided for guests and overflow parking. Such parking shall be provided as a separate parking area(s) located within 0.25 mi. from the furthest units within the development.
[5]
In addition, a minimum of an additional 25 percent of the total number of required spaces provided for the attached and detached dwelling units shall be provided for guests and overflow parking. Such parking shall be provided as a separate parking area(s) located within 0.25 mi. from the furthest units within the development.