2005 ZO Rewrite

2005 REWRITING OF THE CALVERT COUNTY ZONING ORDINANCE

Click Here to View the Adopted 2006 Zoning Ordinance

The Board of County Commissioners adopted the remainder of the new Zoning Ordinance on March 21, 2006 with an effective date of May 1, 2006. (Articles 1-3 were adopted December 20, 2005 with an effective date of May 1st also.) Click here for a summary of what types of applications will be "grandfathered" under the new Ordinance.

To View a Summary of the Commissioners' Actions, Click Here.
Note: File is in Adobe Acrobat format.

February 8, 2006 Public Hearing - Click Here to View the Public Hearing Notice & Drafts
January 10, 2006 Joint Work Session Agenda Now Available - Click Here for Agenda & Package
December Public Forum on Set 7 (Articles 8 & 12) - Tuesday, December 13th at 7:00 p.m. at Calvert Pines Auditorium.
Click Here to View Agenda.
Click Here to View Staff's Presentation on Article 5.
Click Here to View Staff's Presentation on Article 8.
November 29, 2005 Joint Work Session Agenda Now Available - Click Here for Agenda & Package
November 2, 2005 Public Forum Agenda Now Available. Click here to view .
Set 7 - Article 8 (Environmental Regulations) and Article 12 (Definitions) (Released October 17, 2005)
October 18, 2005 Joint Work Session Agenda Now Available - Click Here for Agenda & Package
Agenda for September 14th Public Forum on Articles 5 & 7 Now Available. Click here to view the agenda.
Set 6 - Articles 9, 10 & 11 (Released September 6, 2005)
August 30th County Commissioner/Planning Commission Joint Work Session - Click Here to View Agenda & Attachments
Set 5 - Article 5- Residential Development Requirements and Article 7 - Subdivision Regulations (released July 26, 2005)
August 9, 2005 Joint Public Hearing on Articles 1-3 & p/o 12 - Click Here to View Public Hearing Draft
July 19 Joint Work Session Agenda Now Available - Click Here for Agenda & Package
July 6 Public Forum - 7 p.m. at Calvert Pines Auditorium Re: Town Center Land Use Charts - Click Here for More Information
June 22 Public Forum - 7 p.m. at Calvert Pines Auditorium -Click Here For More Information
Set 4 - Article 4 - General Development Submittal Requirements and Article 6 - Non-Residential Development Requirements (released June 13, 2005)
June 7th County Commissioner/Planning Commission Joint Work Session - Click Here to View Agenda & Attachments
Set 3 - Article 3- Land Uses by District and p/o Article 12-Definitions (released 5/2/05)
Note: This release focuses on:
- Uses in the Rural Districts (now divided into Farm Community, Resource Preservation, and Rural Community Districts)
- Uses in the R-1 and R-2 Districts (proposed to be combined),
- Uses in the new Town Residential District (one-mile radius of the Town Centers) Town Residential Maps Now Available! See below for details.
- Uses in the Town Centers.
Set 2- Article 3-Land Uses by District and p/o Article 12-Definitions (released 3/21/05) Note: This release addresses uses in the Light Industrial (I-1), Rural Commercial (RC), Marine Commercial (MC), and Employment Center (EC/TC) Districts only.
April 26, 2005 Joint Work Session Draft of Sets 1 & 2 Now Available - Use the Links within the Agenda to View the Latest Drafts. Click here to view the agenda.
Set 1- Article 1- Scope of Regulations, Article 2-Zoning Districts & Maps, and p/o Article 12-Definitions (released 2/7/05)

Information About Set 1

The Department of Planning & Zoning would like to thank you for your work on Articles 1 and 2. We received very helpful and constructive comments from several groups and individuals. A joint work session was held on that set on March 15th, at which time some changes were suggested by the County Commissioners and Planning Commission. Click here to view these revisions.

One suggestion made by the Board of County Commissioners was to explore the option of designating the areas within the one-mile radius of the Town Centers as Primary Zoning Districts. Higher density is permitted within these areas with the purchase of Transferable Development Rights. Please click here to view a document entitled, "Truth in Advertising!", which explains the reasoning behind proposed option.

The Public Forum on the first set of changes is scheduled for
7:00 p.m. on Wednesday, March 30th
at Calvert Pines Senior Center Auditorium

Information About Set 2

FIRST DRAFT OF THE COMMERCIAL & INDUSTRIAL PART OF
ARTICLE 3, LAND USES IS NOW AVAILABLE

Click Here to View in Adobe Acrobat Reader

Comments Due on First Draft: April 11, 2005

The second set of Ordinance amendments, released March 21, 2005, involves the commercial and industrial uses in Article 3, Land Uses by Zoning District, along with related definitions from Article 12. For reviewers’ convenience, we have added definitions and conditions to the Land Use Charts. At this time, we are only covering the Light Industrial (I-1), Rural Commercial (RC), Marine Commercial (MC), and Employment Center (EC/TC) Districts. The other zones will be covered in the third release on May 2nd. Town Center charts will also be released at that time.

In preparing these use tables, staff considered the purposes of the Districts described in Article 2. Staff also considered the locations, road access, and presence of public facilities in each of the Districts. These factors can certainly make a difference in judging what uses are appropriate. For example, there are only 20 acres of MC Marine Commercial land. The sites are located on local roads and they are not served by community sewer service. Therefore, staff is not recommending any highway commercial or high density residential for the MC District.

Please review the document entitled, "Staff's Guiding Principles Behind Proposed Changes to the Commercial and Industrial Parts of the Land Use Charts" prior to reviewing Set

All documents are in Adobe Acrobat Reader. Click here to download a free copy.

Information About Set 3

This distribution promises to be one of the most interesting. The Comprehensive Plan calls for the Ordinance to be amended to allow for more agricultural tourism, ecotourism, and heritage tourism uses. Staff has done extensive research into regulations for these types of uses. However, we need your opinions as to what should be allowed and under what conditions.

Staff used the following “Guiding Principles” when drafting the new agric-tourism, ecotourism, and heritage tourism uses:

Calvert County has been moderately successful in its efforts to preserve critical habitat, historic places, and its working farmland, as it strives to maintain the County’s rural character. For this success to continue, two objectives must be achieved. First, the public must continue to value and feel a connection to our water resources, cultural history, our working landscapes, and the people who work the land. Second, those who work the land must be able to derive significant income from it while protecting and sustaining the resource. This comes at a time when Calvert County agriculture is transitioning from the centuries-old tradition of tobacco cultivation to the production of alternative crops and livestock for the local and regional market.

It is important that appropriate compatible uses be permitted in the County’s farming districts. This includes support services necessary for farm operations. The opportunity to derive income through tourism should be encouraged, and farmers should be allowed to capitalize on access to their land on their own terms in a manner that complements and sustains the working farm.

To view Staff's Guiding Principles regarding the treatment of all uses in all Agricultural and Residential Districts, click here.

Set 3 includes the Land Use Charts that were released with Set 2 (Industrial and Commercial Uses), but with the Agricultural and Residential Districts added, along with new uses for those Districts. Below is a list of the 11 Land Use Charts, with a key to the charts listed first. Click on the links below to view each document, which are all in Adobe Acrobat format.

Use the links below to view the latest drafts of Set 3 (updated for the June 22nd Public Forum)

Key to Chart
Agritourism, Ecotourism & Heritage Tourism Uses
Agricultural Uses
Residential Uses
Commercial Retail Uses
Business & Personal Services Uses
Recreation Uses
Commercial Wholesale Uses
Motor Vehicle & Related Services Uses
Industrial Uses
Institutional Uses
Unclassified Uses

TOWNCENTERCHARTS TO BE CONSIDERED AT JULY 6TH PUBLIC FORUM

Set 3 also includes the Land Use Charts for all seven Town Centers, as listed below. Click on the links below to view each document, which are all in Adobe Acrobat format.

To view Staff's Guiding Principles regarding the treatment of uses in the Town Centers, click here.

TOWN RESIDENTIAL MAPS NOW AVAILABLE!

The following maps show the new proposed Town Residential Zone for Dunkirk, Owings, North Beach and Chesapeake Beach, Huntingtown, Prince Frederick, and St. Leonard. (No Town Residential Districts are proposed surrounding the Lusby and Solomons Town Centers, as these areas are primarily zoned R-1). The Town Residential zone encompasses all Rural Community District lands within a one-mile radius of the perimeter of major Town Centers and a one-mile radius of the center of minor Town Centers. Farm Community, Resource Preservation, R-1/R-2, ECTC Districts, and Agricultural Preservation Districts within the one-mile radius are unaffected by the designation. Click on the links below to view the maps in Adobe Acrobat Reader.

Information on Set 4

Set 4, released June 13, 2005, addresses the Site Plan Review Process. Article 4 deals with the process involved in the review of site plans and plot plans. Article 6 sets forth criteria (such as setbacks, parking, lighting, etc.) for development of non-residential projects. Staff's goals in amending these articles was to simplify parking and loading requirements and add outdoor lighting requirements. An appearance code for RC properties was also added. Amendments to parts of Article 12 (Definitions) are also proposed.

Please use the links below to view the proposed amendments.

Article 4 - General Development Submittal Requirements

Article 6 - Non-Residential Development Requirements

p/o Article 12 - Definitions

Information on Set 5

No other chapters have a greater impact on Calvert’s landscape, rural character, and settlement pattern than Articles 5 and 7. In the last 20 years, well over 25,000 acres of land have been developed into residential subdivisions. There remains about 40,000 acres that hasn’t been developed and hasn’t been preserved. Articles 5 and 7 will pertain to this land.

The revised documents continue to reflect the zoning density changes that the Board of County Commissioners made in December 2003, with a few modifications to the exception lots and family conveyance provisions. Previously, applicants have had to refer to several locations in the Ordinance to calculate their zoning density. Now, the information is in one place.

Unfortunately, it takes about two pages of text to describe the residential zoning density calculations for most of the zoning districts. The cause of this complexity is to give flexibility to owners and to acknowledge residential density exceptions granted over the last 38 years that we’ve had zoning in Calvert.

Articles 5 and 7 also include open space requirements and adequate public facilities regulations. Staff has proposed to eliminate cluster regulations in R-1 and R-2 and within a mile of Town Centers. New adequate public facilities regulations reflect changes adopted by the state for classroom size.

Finally, the regulations still have the provisions for affordable housing. The Board of County Commissioners have the ability to waive the Transferable Development Rights requirements for affordable housing projects in Town Centers and for affordable housing in the R-1 and R-2 Districts within a mile of Town Centers for duplexes, fourplexes, and townhouses. Not included at this time are provisions for inclusionary zoning. The scale of County housing projects in Calvert can make such regulations difficult to implement. However, we want to hear your comments and report back to the Planning Commission and Board of County Commissioners.

As always, thank you for your civic dedication.

The staff public forum on Set 5 is scheduled for September 14th.

Please use the links below to view the proposed amendments.

Article 5 - Residential Development Requirements

Article 7 - Subdivision Regulations

p/o Article 12 - Definitions

Information on Set 6

Set 6 – Articles 9, 10, 11 & p/o 12
Released: September 6, 2005
Comments Due: September 27, 2005

Staff has made a minor adjustment in the scheduling of the Zoning Ordinance Rewrite. Set 6 was scheduled to include Article 8 (Environmental Regulations) and Article 9 (Marine Facilities Regulations). However, Article 8 has proven to be a very complex section that requires more attention. Therefore, it will be released as Set 7, the final set of the rewriting process, on October 17, 2005.

So as not to fall behind, Set 6 still includes Article 9 along with what was slated to be Set 7: Article 10 (Naming & Renaming of Roads and Assignment of Premise Addresses), Article 11 (Variances, Special Exceptions & Appeals), and part of Article 12 (Definitions). Comments on Set 6 are Due September 27^th.

The Rewriting Schedule has been adjusted accordingly (see below).

Information on Set 7

Use the Links Below to View the Documents in Adobe Acrobat.

Article 8, Pages 1-36
Article 8, Pages 37-65
Article 8, Pages 66-80
Article 8, Pages 81-110
Article 12

Changes to Article 8, Environmental Regulations:

Article 8 includes most of the County’s environmental regulations. Support for the protection of the Bay and its tributaries is reflected in public survey after public survey. Calvert County already has good environmental regulations, but improvements can be made. Changes include, new mandates from the state, actions from the 2004 Comprehensive Plan, and a number of suggestions made by citizens, the Board of County Commissioners, the Planning Commission and staff. The highlights are outlined below.

Section 8-1: Critical Area (from Maryland Critical Area Law)

Eliminating separate manual
Removing states regulations we can’t enforce.
Requiring super silt fence to prevent erosion of highly erodible soils (section 8-1.04.G.2)
Tightened up family conveyance regulations (section 8-1.05H)
Changing the calculation of TDRs in the Critical Area for APDs created after January 1, 2009 (8-1.05.K)
Deleted the Critical Area TDR Program since it was never used. (8-1.05.M)
Revised extended buffer definition (section 8-1.08.D.2.b)

Section 8-2: Natural Resources (Calvert County initiated regulations)

Requiring “Hold Harmless” for cliffs (8-2.02.D.7)
Revising regulations for development on steep slopes on erodible soils near perennial and intermittent streams (8-2.-4.C)
Revising stream buffer regulations to apply to all perennial and intermittent streams (8-2.06.H)

Section 8-3: Forest Conservation Requirements (from Maryland Forest Conservation Act)

Deleting use of Calvert County Forest Conservation Manual and replacing it with the Maryland Forest Conservation Technical Manual
Reducing exemption on clearing lots (Section 8-3.02.H and J)

Changes to Article 12, Definitions:

With each set of changes proposed during the Zoning Ordinance Rewrite, staff has proposed new or revised definitions coinciding with the text of each set. We are now releasing Article 12 as a whole. The definitions that have been reviewed thus far have been added, and changes to other definitions have been proposed.

Your Comments are Appreciated!

E-mail your comments and suggestions to:

Miriam Gholl, Zoning Planner
ghollma@ co.cal.md.us

Please send Miriam an e-mail if you would like to be added to our e-mail list.
You will be notified when new sets of amendments are available for review.

JUNE 22, 2005 PUBLIC FORUM
7 P.M. - CALVERT PINES AUDITORIUM

The purpose of this public forum is to discuss Set 3 - the Land Use Charts for uses in the Rural and Residential Districts. Please use the links below to view the Agenda, Attachments, and the latest draft of the Land Use Charts.

Please Note: The Board of County Commissioners has scheduled the first Public Hearing on the Rewriting of the Zoning Ordinance for Tuesday, August 9, 2005 at 7:00 p.m. - Calvert Pines Auditorium. The first 3 Articles of the Zoning Ordinance will be considered at that time.

June 22, 2005 Public Forum Agenda
Attachment 1 - "Staff's Guiding Principles Behind Proposed Changes Concerning Rural & Residential Parts of the Land Use Charts"
Attachment 2 - Agricultural/Commercial Uses proposed in the Rural Community District
Attachment 3 - Revised Schedule for Rewriting the Zoning Ordinance

Use the links below to view the latest drafts of Set 3 (Land Use Charts)

For your convenience, we have included links to the documents that have been released thus far within the schedule below.
REWRITING OF THE ZONING ORDINANCE PROPOSED SCHEDULE - UPDATED SEPTEMBER 6, 2005 JANUARY 2005 - JANUARY 2006
MONTH	DATE	PROPOSED ACTION
January 2005	25	Joint Work Session Re: Strategies for Rewriting the Zoning Ordinance.
February 2005	7	Distribute Article 1-Scope of Regulations, Article 2-Zoning Districts & Maps, & p/o Article 12, Definitions
February 2005	28	Comments due on Articles 1, 2 & p/o 12
March 2005	9	Distribute Work Session Draft of Articles 1, 2 & p/o 12 (based on comments received)
	15	Joint Work Session on Articles 1, 2 & p/o 12
	21	Distribute Commercial & Industrial parts of Article 3-Land Uses by Zoning District and p/o Article 12-Definitions
	24	Distribute Public Forum Draft of Articles 1, 2 & p/o 12
	30	Public Forum on Articles 1, 2 & p/o 12
April 2005	11	Comments due on Commercial & Industrial parts of Article 3 & p/o Article 12
April 2005	26	Joint Work Session: (1) Wrap-up of Articles 1, 2 & p/o 12; (2) Review of Commercial & Industrial parts of Article 3 & p/o Article 12
May 2005	2	Distribute Rural & Residential parts of Article 3-Land Uses by Zoning District and the Town Center Zoning Ordinances, and p/o Article 12-Definitions
	11	Public Forum on Commercial & Industrial parts of Article 3 & p/o Article 12
	23	Comments due on Rural & Residential parts of Article 3 & the TCZO’s, & p/o Article 12
June 2005	7	Joint Work Session: (1) Wrap-up of Commercial & Industrial parts of Article 3; (2) Review of Rural & Residential parts of Article 3 & the TCZO’s, & p/o Article 12
	13	Distribute Set 4 (Article 4, General Development Submittal Requirements, Article 6, Non-Residential Development Requirements, & p/o Article 12, Definitions)
	22	Public Forum on Rural & Residential parts of Article 3 & p/o Article 12
July 2005	5	Comments due on Articles 4, 6, & p/o 12
	6	Public Forum on Town Center Land Use Charts
	19	Joint Work Session: (1) Wrap-up of Rural & Residential parts of Article 3, TCZO Land Use Charts, & p/o Article 12; (2) Review of Articles 4, 6, & p/o 12
	25	Distribute Set 5 (Article 5, Residential Development Requirements, Article 7, Subdivision Regulations, & p/o Article 12, Definitions)
August 2005	3	Public Forum on Articles 4, 6 & p/o 12
	9	JOINT PUBLIC HEARING ON ARTICLES 1-3 & P/O 12 7:00 p.m., Calvert Pines Auditorium
	15	Comments Due on Articles 5, 7 & p/o 12
	30	Joint Work Session: (1) Wrap-up of Articles 4, 6 & p/o 12; (2) Review of Articles 5, 7 & p/o 12
September 2005	6	Distribute Set 6 (Article 9, Marine Facilities Regulations, Article 10, Naming & Renaming of Roads and Assignment of Premise Addresses, Article 11 Variances, Special Exceptions & Appeals, & p/o 12, Definitions)
	14	Public Forum on Articles 5, 7 & p/o 12
	27	Comments Due on Set 6 (Articles 9, 10, 11 & p/o 12)
October 2005	17	Distribute Set 7 (Article 8, Environmental Regulations & p/o Article 12, Definitions)
October 2005	18	Joint Work Session: (1) Wrap-up of Set 5; (2) Review of Set 6
November 2005	2	Public Forum on Articles 9, 10, 11 & p/o 12
	7	Comments due on Article 8 & p/o 12
	29	Joint Work Session: (1) Wrap-up of Articles 9, 10, 11 & p/o 12; (2) Review of Article 8 & p/o 12
December 2005	13	Public Forum on Article 8 & p/o 12
January 2006	10	Joint Work Session: Wrap-up of Article 8 & p/o 12
February 2006	8	2nd Joint Public Hearing on the Zoning Ordinance Rewrite 7:00 p.m., Calvert Pines Auditorium
February 2006	22nd	Record of 2^nd Public Hearing Held Open until 4:30 p.m.