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.
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:
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.
|
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:
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, as provided in the Calvert
County Code, Chapter 3, Adequate Public Facilities, as amended from time
to time. 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.
[Amended 11-30-2022 by Ord. No. 49-22]
[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.
|
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:
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.
|
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:
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.
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
|
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.
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)
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]
| |||||||||
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:
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.
[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
|
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]
D.
Refer
to Chapter 95, Public Safety, of the Calvert County Code for regulations
regarding noninterference with Emergency Communication's microwave
system.
[Added 11-27-2023 by Ord. No. 44-23]
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
[Amended 6-9-2020 by Ord. No. 14-20] | |
|---|---|
|
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
|
|
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 or its designee 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.
