Single-family Age-Restricted Housing Communities shall comply with
the requirements for standard subdivisions with regard to lot density,
lot size, setbacks, etc. contained in this Article and Article 7,
Subdivision Regulations, and the provisions of the Calvert County
Code, Chapter 3, Adequate Public Facilities, as amended from time to time.
Covenants shall be placed on the property that specify the age-restricted
nature of the proposed community. Such covenants shall require the
prior approval of the Board of County Commissioners and the Planning
Commission or its designee, and shall be in accordance with the Federal
Fair Housing Act, 42 U.S.C. § 3601 et seq., the Maryland
Fair Housing Law, Md. Code Ann., Art. 49B, § 19 et seq.,
and this Zoning Ordinance, as amended from time to time. The covenants
shall provide:
That persons, at least 19 but under 55 years of age, may reside in
a dwelling unit provided the person resides with the Age-Qualified
Resident or occupies one of the 20% of dwelling units not required
to be occupied by an Age Qualified Resident.
That a person under 19 years of age may visit a dwelling unit as
the guest of the occupants of a dwelling unit, provided that no person
under the age of 19 may stay overnight in a dwelling unit for more
than two consecutive weeks or for a total of more than 30 days in
any 12-month period;
That except as otherwise required by the Federal Fair Housing Act,
42 U.S.C. § 3601 et seq., the Maryland Fair Housing Law,
Md. Code Ann., Art. 49B, § 19 et seq., no persons under
19 years of age may reside in any unit;
That any provision of the covenants pertaining to the age-restricted
nature of the community may not be amended without the approval of
the Board of County Commissioners;
That none of the units may be converted to general housing unless:
(a) conversion is approved by all unit owners, the Board of County
Commissioners and the Planning Commission, (b) all of the units are
converted, (c) all requirements of the Calvert County Code, Chapter 3,
Adequate Public Facilities Requirements, as amended from time to time,
are met at the time of conversion, and (d) the building excise tax
in effect at the time of conversion for the type of dwelling into
which the units are converted shall be paid, less the amount of excise
tax originally paid.