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Zoning Ordinance, Calvert County, MD
 
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Note: The provisions in this Section apply to all residential projects involving townhouse, single-family attached, and/or multi-family units or a mix of housing types that includes single-family detached. However, the provisions of this Section do not apply to attached dwellings permitted in the Rural Community District (RCD). See Section 3-1.03 for conditions that apply to such uses. These provisions are subordinate to any applicable Town Center Zoning Ordinance in effect.
The purpose of this Section is to help ensure that townhouse, single-family attached, multi-family, and mixed residential developments will be designed to protect the health, safety and welfare of the residents within these communities as well as residents in the surrounding area; to protect the environment and to promote road safety and adequate vehicular and pedestrian circulation. The standards of this Section are designed to be flexible in order to promote innovative, high quality design.
No minimize lot size or lot width is required.
A. 
Purpose: The purpose of requiring setbacks is to ensure that residents in the community and surrounding area will receive adequate light and air and will be able to maintain privacy and freedom from undesirable disturbance from neighbors.
B. 
Building Setback from Streets
Purpose: To provide a visual and sound buffer between buildings and roadways.
1. 
Setback from arterial: Minimum 100 feet
2. 
Setback from County rights-of-way: Minimum 50 feet
3. 
Setback from on-site local road measured from curb: Minimum 25 feet
C. 
Building Setback from Adjacent Property
1. 
Purpose: To protect the privacy of existing residents; to provide a visual transition between different housing densities and to help ensure compatibility with the existing character of the neighborhood.
2. 
The minimum setback shall be 40 feet.
A. 
Purpose:
The purpose of imposing regulations governing building arrangement and site design is to help protect significant environmental, historic and archeological features, promote a sense of neighborhood and community identity and reduce the visual impact of high density residential developments on the surrounding area.
B. 
Privacy, Light & Air
1. 
Private outdoor spaces shall be visually screened from each other and from public travelways (vehicular and pedestrian) to a height of at least six feet. (To qualify, screening must be permanent, year-round and require little to no maintenance.)
2. 
Windows of individual units shall not directly face each other unless a minimum of 25 feet is provided between windows.
3. 
At least one wall of each unit shall be provided with windows looking onto a space at least 50 feet by 50 feet in size.
4. 
Each unit shall be designed to ensure adequate ventilation.
5. 
Exterior siding and trim shall be the same on the fronts, sides and rears of buildings.
C. 
All stormwater management requirements shall be met. Bio-retention areas are encouraged and shall be considered to meet the landscaping requirements. If a stormwater management pond is proposed, it shall be integrated into the overall development and serve as a visual amenity to the site.
D. 
Protection of Significant Resources:
1. 
Where significant trees, groves, waterways, historic or pre-historic sites or unique habitats are located within the property boundaries of a proposed townhouse, single-family attached, multi-family, or mixed residential project, every possible means shall be provided to preserve these resources on site. In addition to identifying existing natural features as per Section 4-4.01.F of the Calvert County Zoning Ordinance, an inventory of existing on-site historic and archeological resources may be required prior to the issuance of a grading and clearing permit. (Failure to obtain a grading and clearing permit prior to grading and clearing will be grounds for denying a site plan for any townhouse, single-family attached, multi-family, or mixed residential project.)
2. 
In order to determine whether an inventory of any or all of the above resources is required, an application will be reviewed by the Department of Planning & Zoning to determine within 30 days of submittal whether any known significant resources are located on the property or whether the characteristics of the site suggest the probability of significant resources. In the event either of the above is found to be relevant, the applicant may be required to conduct an inventory according to criteria established by the Department of Planning & Zoning. In order to avoid any potential delays, the applicant may make a written request for a cultural resource assessment prior to submittal of a grading and clearing or site plan application. Applicants are strongly urged to complete the assessment and inventory process prior to site design so that the preservation of significant resources can be incorporated into the layout.
3. 
For the purposes of this Ordinance, a significant resource is defined as a resource that has been identified by applicable County, State or Federal agencies as having unique natural, historic or archeological significance.
E. 
Size and Scale and Building Mass
1. 
To avoid monotonous linear development dwelling units shall be organized into blocks separated by streets or in small clusters designed as neighborhood units. A cluster shall not include more than 50 units.
2. 
The number of units in a row is to be limited to a maximum of eight units.
3. 
Offsets (more than 18 inches) at party walls and/or front and rear facades and/or similar devices are required to visually reduce building mass and create individualized spaces (courtyards, seating areas, etc.).
Building height shall be restricted as specified in Section 5-1.11 of the Calvert County Zoning Ordinance or any applicable Town Center Zoning Ordinance in effect.
A. 
Purpose: the purpose of these requirements is to ensure adequate and safe pedestrian and bicycle circulation.
1. 
Sidewalks are required along both sides of all streets. Minimum width is four feet. Sidewalks, trails, and bicycle paths shall be provided to link residences with parking lots, recreation facilities (including park land and open space), school and church sites and commercial developments.
2. 
The design and construction of sidewalks, trails, and bicycle paths will be evaluated on the basis of safety, accessibility, suitability for use by motor-impaired individuals, and surface suitability in terms of anticipated use and maintenance requirements. The applicant may be required to install hard surface sidewalks, trails, and bicycle paths adjacent to units and along pedestrian circulation routes connecting units with each other and with recreation or commercial areas. In less intensive areas, other pervious and non-erodible surface materials may be approved.
3. 
Outdoor lighting is required as per Section 6-6.01. Street lamps of the same or similar design as that adopted for Town Centers shall be used.
A. 
Purpose: The purpose of these requirements is to promote road safety, assure adequate access for fire & rescue vehicles and promote adequate vehicular circulation.
B. 
All roads must be constructed to Calvert County road standards and must be completed or bonded prior to the issuance of building permits. Upon completion, the applicant may petition the County for acceptance of townhouse or multi-family collector roads into the County Road System. On-site local roads shall be privately owned and maintained.
C. 
Road Classifications and Minimum Standards.
1. 
Townhouse/Single-family Attached/Multi-family/Mixed Residential Collector Road (Public)
a. 
Definition: serves as the principal traffic artery within:
i. 
a townhouse, single-family attached, multi-family, or mixed residential development of 100 or more units and/or
ii. 
a townhouse, single-family attached, multi-family, or mixed residential development which includes uses open to the general public and/or
iii. 
a townhouse, single-family attached, multi-family, or mixed residential development which provides access to through-traffic.
b. 
Minimum Standard: RD-5 with sidewalk, curb and gutter. The Department of Public Works (DPW) requires an RD-6 road with sidewalk, curb and gutter to serve as the principal traffic artery within a townhouse, single-family attached, multi-family, or mixed residential development of 150 or more units.
2. 
Townhouse/Single-family Attached/Multi-family/Mixed Residential Local Road (Private).
a. 
Definition: serves as the principal traffic artery within a townhouse, single-family attached, multi-family, or mixed residential development of less than 100 units, provided the development does not include uses open to the general public and/or access to through traffic; serves as direct access from dwelling units to higher classification roads.
b. 
Minimum Standard: RD-4 or RD-5 with sidewalk, curb and gutter depending upon the number of units. Maintenance of sidewalks and planting strips shall not be the responsibility of the County. In lieu of RD-4 or RD-5 road sections, the applicant may propose private rights-of-way with a minimum width of 30 feet, provided:
i. 
The minimum pavement width for a one-way street is 15 feet; if on-street parking is provided, the minimum road width shall be 18 feet.
ii. 
The minimum pavement width for a two-way street is 20 feet; if on-street parking is provided, the minimum road width shall be 25 feet.
iii. 
Parking is not permitted on a collector roadway.
iv. 
Sidewalks and planting strips shall be provided.
c. 
Construction standards: Paving construction specifications shall be as per the Calvert County Road Ordinance-Specifications and Design Standards (Chapter 104 of the Code of Calvert County) for the applicable road standard. Alternative construction standards may be proposed by the applicant where the goal is to create an architectural or natural effect. Approval may be granted in cases where construction standards equal or exceed the minimum standards.
3. 
Roads petitionable to the County for County ownership shall meet the right-of-way width standards of the Calvert County Road Ordinance (Chapter 104 of the Code of Calvert County). Landscaping is permitted within private rights-of-way.
4. 
Road Design.
a. 
Internal roads shall form an interconnected residential street network. Dead ends and/or cul de sacs are only permitted when the use of such will have the least effect on forests, sensitive areas and cropland and where they will contribute toward preserving and maintaining existing historic structures and cultural landscapes.
b. 
Roadways shall be landscaped as per Section 5-3.10 of this Ordinance.
c. 
In order to minimize traffic noise and conflicts between pedestrians and vehicles, buildings are to be located off the main road. If buildings are arranged along a block, the length of the block shall be no longer than 400 feet.
d. 
The use of one-way roads is encouraged where practical, in order to reduce the ratio of pavement to buildings and open space. Divided entrances or roadways with landscaped median strips are permitted, but not required on private roads.
e. 
The amount of road pavement should be minimized through efficient layout and design.
f. 
The applicant must demonstrate that access from a minor arterial to the site is adequate and will not endanger the safety of the general public.
g. 
During construction of the base road, recreation areas shall be graded and stabilized (see Section 5-3.11).
A. 
Purpose: The purpose of this Section is to provide for adequate parking for townhouse, single-family attached, multi-family, and mixed residential developments.
1. 
See Section 5-1.12 for the size and number of parking spaces required.
2. 
Parking lot surfaces are to be a minimum of two inches of bituminous concrete. Alternative surface materials may be approved by the County Engineer where they equal or exceed these standards.
3. 
Individual garages will not be counted as parking spaces. Individual driveways may be counted as parking spaces provided parking space size requirements are met and provided the spaces do not intersect sidewalks and planting strips so as to obstruct the sidewalks.
4. 
Parking spaces, garages and parking lots should be located to the rear of buildings. Spaces in front of buildings between buildings and streets should be dedicated to sidewalks, private gardens and/or community spaces. Other alternatives, in descending order of preference include:
a. 
the front driveway accesses a garage behind the residence.
b. 
the garage is in front of the residence but it is turned so that it does not face the street.
c. 
the garage is set at least 10 feet behind the front of the residence.
5. 
To avoid large expanses of paved parking area, the following provisions shall apply:
a. 
No more than 12 parking spaces will be permitted in a continuous row and the break between rows (island) must be landscaped with a minimum of one shade tree.
b. 
The ends of parking rows and landscape islands shall be a minimum of eight feet wide and shall be adequately landscaped with shade trees and shrubs.
c. 
Double rows of parking shall be separated by a minimum eight foot planting strip adequately landscaped with shade trees and shrubs. If only one double row of no more than a total of 24 spaces is provided in any given parking lot, this requirement may be waived.
6. 
Parking area design shall include provisions for compliance with the Maryland Accessibility Code (MAC).
A. 
General requirements.
1. 
Outdoor trash receptacles for individual residences are to be screened from neighboring residences.
2. 
Large outdoor trash receptacles, such as dumpster boxes, shall be adequately screened and located so as to provide easy truck access and not conflict with parking or through traffic. Trash receptacles may not be located in residential parking spaces and must be on concrete or asphalt pads large enough to accommodate trash pick-up trucks.
3. 
A storage area for boats, recreational vehicles, trailers of all kinds, unlicensed vehicles and inoperative vehicles shall be provided. The area shall be a minimum of 200 square feet for every five units and shall be screened from the road and adjoining properties.
A. 
Purpose: Landscaping is required in order to promote attractive development, to protect and preserve the appearance and character of the surrounding area and to help delineate and define vehicular and pedestrian passageways and open space within the development.
B. 
General Requirements
1. 
All plant material installed shall be undamaged and of the best quality.
2. 
All plant material installed shall be balled and burlapped or container grown. Bare-root plant material is acceptable, provided it is installed by a licensed nurseryman.
3. 
All trees shall be a minimum one-and-a-half-inch caliper at installation.
4. 
A maintenance agreement for the plant material shall be included in the property covenants.
5. 
Plant material shall be bonded for one year. A planting schedule shall be included in the bond and shall be based on seasonal considerations.
C. 
Screening
1. 
Purpose: the purpose is to protect residents and motorists from noise, glare, and uses which are visually incompatible with neighboring uses.
2. 
High Screening (minimum six feet)
a. 
High screening is to be used where the objective is to completely conceal a use from general view. High screening is required to conceal loading areas, outdoor storage areas, trash disposal sites, and any other uses which are visually incompatible with neighboring land uses.
b. 
Materials:
i. 
Evergreens (where the minimum height is six feet at time of installation and where the plantings are capable of creating a continuous screen within three to five years. Evergreens may be planted in a close single row, staggered or offset rows or in clumps or groupings.
ii. 
Masonry.
iii. 
Solid/opaque wood fencing or other alternatives may be substituted for plant material screening with the approval of the Planning Commission.
iv. 
Chain link and picket fences are unacceptable. Berms may be utilized in conjunction with any of the above or combinations of the above.
3. 
Low Screening
a. 
Low screening is required along the perimeter of parking lots in cases where the parking lots are visible from roads or adjacent (off-site) properties to conceal accessory uses that are four feet or less in height and to "enclose" outdoor spaces (such as pre-school play areas and playgrounds).
b. 
Materials
i. 
Evergreens (where the minimum height at time of planting is 12 inches to 18 inches and two-and-a-half inches to four feet within three to five years and where the plantings are capable of creating a continuous screen within three to five years).
ii. 
Masonry.
iii. 
Solid/opaque wood fencing or other alternatives may be substituted for plant material screening with the approval of the Planning Commission.
D. 
Buffering
1. 
Purpose: the purpose of buffering is to reduce the impact of the townhouse, single-family attached, multi-family, or mixed residential development on surrounding uses and to reduce noise levels generated by traffic, recreation areas and other uses within the development.
2. 
Buffering needs to be capable of creating a forest canopy with deciduous trees spaced a minimum of 40 feet apart in staggered rows or clustered together with scattered groupings of evergreens.
3. 
Building setbacks from adjacent properties and high noise generating uses are to be buffered.
E. 
Landscaping within parking lots
Parking islands and ends of parking rows are to be landscaped with ground cover and at least one shade tree per island. A variety of shrubs and flowers are recommended in addition to the above. These areas are encouraged to be designed as bio-retention areas to accommodate stormwater management.
F. 
Landscaping and sidewalks along roadways
1. 
Native shade trees shall be used and planted within a minimum five-foot planting strip.
2. 
The spacing between trees shall be not less than 30 feet on center unless greater or lesser density is beneficial to a particular species.
3. 
A minimum four-foot sidewalk shall be provided between the planting strip and building.
4. 
Where divided roadways are provided, the median strip is to be landscaped.
5. 
In cases where sidewalks and planting strips are within the right-of-way, maintenance agreements shall be approved by the Department of Public Works.
6. 
Bio-retention areas are encouraged and shall be considered to meet the landscaping requirements. If a stormwater management pond is proposed, it shall be integrated into the overall development and serve as a visual amenity to the site.
A. 
Purpose: The purpose of these requirements is to ensure that open space and basic recreational facilities are available on suitable land at appropriate locations within multi-family and townhouse communities. These requirements are being kept to a minimum in order to enable the applicant to design additional specialized recreational facilities, if desired.
B. 
Basic minimum requirements: 0.05 acres of common open space per unit of which 10 percent (200 square feet per unit) is developed for active recreation and distributed as follows:
1. 
Playing fields
a. 
Purpose: To provide for informal play close to home for children ages seven to 14. May also serve as net games area, "village greens", community house lawns and general open space. Playing fields may best be considered as community "back yards".
b. 
Minimum standards:
i. 
150 square feet per unit (except as provided in paragraph 'd' of this Section)
ii. 
I-5 units: exempt
iii. 
6-25 units: 5,000 square feet; 75 feet by 75 feet
iv. 
26+ units: 150 square feet per unit but in no case less than 10,000 square feet
v. 
size per field: 10,000 square feet
vi. 
dimensions: 100 feet by 100 feet
vii. 
Must be level, open ground, good drainage; must be visible from the residential units the playing field is to serve, and must be accessible to children without crossing arterials or collector roads; must not be adjacent to public roads unless physical barriers adequate to prevent children from running out into streets are provided. These playing fields shall be graded at the time of base road construction.
c. 
Method of calculating required number of fields:
i. 
Multiply total number of units by 150 square feet. Divide total by 10,000 square feet. The total number of required playing fields equals the whole number in the dividend. The remaining acreage is to be applied to other active recreation areas.
ii. 
Example: 260 units multiplied by 150 square feet equals 39,000 square feet.
iii. 
39,000 square feet divided by 10,000 equals 3.9, equals three playing fields.
iv. 
The remaining 9,000 square feet is to be applied to other active recreation areas.
d. 
Exceptions: Variations in sizes and dimensions of playing fields may be approved provided they meet the purpose and criteria listed in (a) and (b) above. In cases where more than two fields are required, up to 30 percent of the required fields may be located on moderately hilly or wooded terrain. (Heavily wooded, steep ravines will not qualify.)
2. 
Miniparks
a. 
Purpose: To provide informal outdoor seating areas close to home and at scattered locations throughout the community; to provide safe, enclosed outdoor spaces for preschoolers to play under adult supervision.
b. 
Minimum Standards:
i. 
(seating areas/preschool play areas) - Minimum 15 square feet per unit.
ii. 
1-5 units: exempt
iii. 
15 square feet per unit but in no case less than 400 square feet.
iv. 
A wide variety of sizes and designs of miniparks may be approved provided they meet the purposes outlined above. The essential elements are: (a) permanent seating for three to six persons, (b) landscaping to provide shade and amenities and to define and enclose the boundaries of the space and (c) well-selected locations.
v. 
Miniparks may be as small as 10 feet by 12 feet and should generally be no larger than 40 feet by 40 feet. The majority of the minimum required square footage is to be provided directly adjacent to unit clusters. Building offsets may be used to create small miniparks (i.e., courtyards, squares). At least one minipark should be located adjacent to waterfront, tennis courts, community house or other centralized recreation areas in order to enable adults to "keep an eye on the children" while watching or participating in sports activities and/or to provide adults with opportunities for passive recreation in a social setting.
3. 
Paved Area
a. 
Purpose: To provide facilities and space for basketball practice, handball practice, shuffleboard, roller skating, outdoor dances, formal net games. All ages, primarily 10 years to adult.
b. 
Minimum Standards:
i. 
21 square feet per unit
ii. 
Half court 50 feet by 42 feet
iii. 
Whole court 50 feet by 84 feet
iv. 
Construction and materials specifications to be approved by the Division of Parks and Recreation
v. 
Must be visible from residential units and/or public areas
vi. 
Must have good drainage
vii. 
Equipment: Half court - one basketball backboard and net; post holes for net games
viii. 
Whole court - two basketball backboards and nets; post holes for net games
ix. 
North/South orientation is strongly encouraged.
x. 
Seating: Half court - permanent seating for minimum of six persons; Whole court - permanent seating for minimum of nine persons
xi. 
When more than three paved areas are required, one shall be lighted. Paved areas shall be graded at the time of base road construction.
c. 
Exceptions: Variations in size and dimensions may be approved provided they meet the purpose and criteria listed in (a) and (b) above.
4. 
Other
The remaining required acreage may be utilized to provide a variety of recreational facilities including but not limited to: fishing piers, waterfront parks, outdoor theatre/concert areas, gazebos, racquet courts, tennis courts, fitness trails, garden plots, playgrounds, handball courts. Approval will be based on appropriateness to the age groups and population to be served, location, and construction and maintenance standards.
A. 
In cases where common area and/or facilities are required, all required common area facilities must be completed by the time 70 percent of the total number of units have been issued use and occupancy permits. If a project is developed in sections, all open space requirements for the number of units in each section must be completed by the time 70 percent of the total number of units in each section have been issued use and occupancy permits. The number of units in a section may be no more than the number of units allocated for sewerage each year.
B. 
Prior to the transfer of title of any individual units, the applicant must submit verification that covenants are incorporated and in effect and that they contain the following provisions:
1. 
All common areas and facilities and all residential unit areas are defined in the legal description and are consistent with the approved site plan. Common areas are not to be deeded to the association until they are fully completed.
2. 
All owners within the development have a legal obligation to share the responsibilities for expenses associated with the management and maintenance of common areas and facilities.
3. 
All owners are granted perpetual easements or rights to the use of all common areas and facilities and all open space restrictions and reservations are permanent.
4. 
Owners are responsible for common areas and facilities as well as paying local taxes where applicable. The County will not be liable for recreation facilities or common areas.
5. 
A system for assessing all units, including those still owned by the developer, and collecting dues sufficient to maintain the common facilities is provided.
6. 
A statement that the Calvert County government has the right, under extreme circumstances, where the owners are unable to perform their responsibilities to protect health and safety, to maintain and operate the common areas or require a court-appointed trustee to administer the affairs of the owners, to assess the homeowners for the cost of this service and to provide a vehicle by which the homeowners can reassume management.
In addition, a statement must be provided and signed by the developer stating that all purchasers of units are to be fully informed of the existence of covenants, the extent of the common areas and facilities and the responsibilities of each homeowner to participate in the costs and maintenance of the common areas and facilities.
[Amended 5-12-2009; 11-30-2022 by Ord. No. 49-22]
The adequate public facilities requirements contained in the Calvert County Code, Chapter 3, Adequate Public Facilities Requirements, as amended from time to time, also apply to all townhouse, single-family attached, multi-family, and mixed residential development.