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Zoning Ordinance Update

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1. Why is the Calvert County Zoning Ordinance being updated?

The Calvert County Zoning Ordinance is being updated in order to make the ordinance consistent with the Calvert County Comprehensive Plan, adopted in 2019 and amended in 2022. Per Maryland State Land Use Law, zoning regulations must be consistent with a local government’s comprehensive plan. 

However, there are additional reasons why a comprehensive review and update of the zoning ordinance is appropriate at this time. The last comprehensive review of the Calvert County Zoning Ordinance was in 2006, and in recent years many text amendments to the zoning ordinance have become necessary. When text amendment requests become frequent, it is a sign that a comprehensive review and update of the ordinance is needed.

2. Why is the Calvert County Zoning Ordinance Update process happening before the St. Leonard Master Plan Update and the updates to the other Town Center Master Plans?

The Calvert County Zoning Ordinance is being updated in order to make the ordinance consistent with the Comprehensive Plan. In addition to the Calvert County Comprehensive Plan and Zoning Ordinance, there are also seven Town Center Master Plans and Zoning Ordinances. 

While the Town Center Zoning Ordinances do sometimes reference the Calvert County Zoning Ordinance, the Town Center Master Plans and Zoning Ordinances are updated in a separate process. 

The updates to the Town Center Master Plans are underway, with draft plans for Prince Frederick Town Center and Dunkirk Town Center currently being prepared. However, this process will take many years to complete and waiting until all seven Town Center Master Plans have been updated and adopted before updating the county Zoning Ordinance is not a realistic option. Also, the organization of articles and sections of the Calvert County Zoning Ordinance is being restructured, which may have an influence on the structure and organization of the updated Town Center Zoning Ordinances.

3. What changes are being proposed for St. Leonard Town Center?

The draft Calvert County Zoning Ordinance states in Section 1-3.E, “If a Town Center Zoning Ordinance does not address a requirement, condition, or issue which is addressed in the Zoning Ordinance of Calvert County, the Zoning Ordinance of Calvert County applies. However, with the exception of Article 18, the provisions of the Zoning Ordinance of Calvert County are subordinate to any applicable Town Center Zoning Ordinance.” Draft Article 18 and Tables 18-1, 18-2, and 18-3 address uses permitted in the zoning districts and town centers.

However, no major substantive changes have been proposed in terms of permitted uses and conditions for town centers in this draft, with the exception of a few new uses being introduced, such as amphitheaters and pet grooming establishments, which are proposed to be allowed in some town center districts.

4. What is the Waterfront Community District (WCD)? Why has the WCD been proposed as part of the Zoning Ordinance update?

The Waterfront Community District (WCD) is a new zoning district created to make the County’s zoning consistent with the Comprehensive Plan .

The Comprehensive Plan describes Waterfront Communities as, “unincorporated, clustered, small population centers located along Calvert County’s waterfront. These small-lot communities are located in rural locations and were developed before many of the health, safety, and environmental regulations that govern the layout and design of newer communities. Their waterfront location leads to increased risks of flooding or cliff erosion and their small lot sizes served by wells and septic systems may contribute to public health and environmental threats. Waterfront communities are recognized as unique places within the county; future development within these areas is limited. Areas proposed as Waterfront Communities include Plum Point, Dares Beach, Cove Point, Randle Cliff Beach, Summer City, Scientists Cliffs, Calvert Beach, Long Beach, and Broomes Island.” Figure 3-4 on Page 3-15 of the Comprehensive Plan shows where Waterfront Communities are located in the Future Land Use Plan.

In the draft Zoning Ordinance, a summary of the purpose and intent of the WCD is located in Article 5 and permitted, conditional, and special exception uses allowed in this district can be viewed in Table 18-1 with definitions and conditions for specific uses included in Article 18. The WCD is a rural residential district, and no expansion of commercial retail, business and/or personal service uses have been proposed for these areas in the draft Zoning Ordinance.

The areas that are proposed to become part of the WCD are predominately zoned Residential District (RD) under current zoning. The RD allows for the highest permitted residential densities outside of town centers with the purchase of Transferable Development Rights (TDRs). The Comprehensive Plan states that Waterfront Communities, “are not planned for expansion or additional growth” and that “TDRs may not be used to permit additional dwelling units in these areas”. To ensure the county’s zoning is consistent with the Comprehensive Plan, there is no permitted residential density proposed for the WCD. This means that the subdivision of parcels which create additional lots are not permitted. However, if a pre-existing parcel is buildable, a building permit for a residential dwelling may still be obtained and two or more pre-existing parcels can still be combined into one parcel. 

5. Why has the Waterfront Community District (WCD) been delineated the way it has been in the draft Zoning Map? Why is the WCD not limited strictly to waterfront properties?

The draft Zoning Map was based on the Future Land Use Plan found the in the Comprehensive Plan and the delineation of the WCD is based on the delineation of Waterfront Communities in the Future Land Use Plan. Per Maryland State Land Use Law, zoning regulations must be consistent with a local government’s comprehensive plan. 

The areas designated as Waterfront Communities in the Future Land Use Plan are predominantly located within areas recognized as Rural Villages by the Maryland Department of Planning. The Waterfront Community land use category in the Comprehensive Plan was intended to include the entire community, not to only be applied strictly to waterfront properties. 

6. Will the Waterfront Community District (WCD) cause property taxes to increase? Will it affect homeowner’s insurance? Will it make me change the deed to my property?

No, no, and no. 

In regard to property taxes, an assessment is based on the highest and best use of the property. The WCD is a rural residential district, there has been no expansion of commercial retail, business, and/or personal service uses proposed for this district. Being rezoned to WCD will not lead to increases in property taxes for property owners in these communities. Your deed would only change if you and your legal counsel make a change, or go through a property transaction, that would require a change in ownership or property description.

Arguably, the most substantive difference between the WCD and the Residential District (RD), which is predominately how these communities are currently zoned, is a reduction in permitted residential density. There are also some uses that are permitted in the RD that are not permitted in the WCD because they are less appropriate for these rural communities, like assisted living facilities. 

7. Will the Waterfront Community District (WCD) lead to more restrictions when making modifications to properties or dwellings?

No, the WCD does not propose more restrictions when making modifications to properties or dwellings (except in terms of a reduction in residential density potential for developable parcels). 

However, many of the properties located in these areas are also located in the regulated floodplain. There are proposals to floodplain requirements in the draft Zoning Ordinance that will impact these properties, such as raising the Flood Protection Elevation from two feet to four feet above base flood elevation. However, these requirements, which are located in Article 24 (Floodplain), are not dependent on the zoning district.

8. Will the proposed Zoning Ordinance Update result in houses being built on tiny lots?

Proposed minimum lot areas for the various zoning districts are described in draft Articles 4 (Agricultural DistrictsPDF), 5 (Rural Residential DistrictsPDF), 6 (Residential DistrictsPDF), 7 (Commercial DistrictsPDF) and 8 (Industrial Districts).

For single family-detached development in the Farm and Forest District (FFD) and Rural Community District (RCD), the minimum lot area proposed is one acre (43,560 square feet). In the Rural Neighborhood District (RND) it is proposed to be 30,000 square feet, and in the Residential District (RD) it is proposed to be 30,000 square feet unless the lots are connected to sewerage service, in which case the minimum lot area can be reduced to 10,000 square feet (this minimum lot area reduction is permitted in the RD under the current regulations as well). 

Regardless of zoning district, all lots also require health department approval (and the health department requires a minimum 10,000 square foot area reserved for on-site septic systems). Under past zoning ordinances, minimum lot area permitted for lots not connected with sewerage service was as low as 20,000 square feet. Under the current Zoning Ordinance, minimum lot areas for single family detached lots outside town centers are one acre. This draft proposes to reduce the lot area minimums to 30,000 square feet in the Rural Neighborhood District (RND) and Residential District (RD), allowing a little more flexibility in terms of minimum lot size in areas closer to town centers. 

It should be noted that the draft Zoning Ordinance proposes to increase protective buffer areas from sensitive environmental features (streams, non-tidal wetlands, steep slopes) in new subdivisions. Allowing these sensitive and protected environmental features and their buffers on lots under an acre in size has led to issues with the buildable area on lots in the past, which is why the draft also proposes to not allow protective buffers from sensitive environmental features, or forest retention areas, to be located on lots one acre or less in size. 

9. What are the differences in allowable residential density between districts?

The permitted residential densities of the Farm and Forest District, Rural Community District, Rural Neighborhood District, Waterfront Community District and Residential District are found in the minimum standards tables located in draft Articles 4 (Agricultural DistrictsPDF), 5 (Rural Residential DistrictsPDF) and 6 (Residential Districts).

More information on density generally and details specific to these districts can be found in the Comparison of the 2023 Draft Ordinance to the Current Zoning Ordinance.

10. What happened to the policy which allows for an increase in permitted residential densities within the one-mile radius/perimeter of town centers?

Under the current Zoning Ordinance, areas within certain zoning districts that are also within a one-mile radius or perimeter of town centers are permitted higher residential densities than areas outside of the one-mile radius/perimeter. In the draft Zoning Ordinance, this one-mile radius policy is replaced by the Residential District (RD) around the Town Centers of Solomons, Lusby, Prince Frederick, Chesapeake Beach and North Beach and by the Rural Neighborhood District (RND) around the Town Centers of Dunkirk, Owings, Huntingtown and St. Leonard.

11. What are Growth Tiers and how are the relevant to zoning and residential density?

In response to the Sustainable Growth and Agricultural Preservation Act of 2012, Senate Bill 236 (a.k.a. Septic Bill) the Board of County Commissioners adopted the Growth Tier Map on April 25, 2017. The Growth Tier Map divides the county into four tiers based on existing and/or planned sewerage service and planned growth areas. This is relevant because there are certain requirements and restrictions on permitted residential density based on a parcel’s location within the Growth Tier Map. 

In Tier IV, those areas planned for agricultural/resource protection, preservation, or conservation, only minor residential subdivisions are permitted (seven lots or fewer). In Tier III, areas not planned for public sewerage service, the Planning Commission must hold at least one public hearing prior to approval of a major residential subdivision (greater than seven lots). In Tier II, areas planned to be served by public sewerage service, only minor residential subdivisions (seven or fewer lots) are permitted if the development is not connected to public sewerage service. In Tier I, areas with existing public sewerage service, development will be served by public sewerage systems.

An example of why this is significant is the reconfigured Residential District areas in the vicinity of Prince Frederick Town Center in the draft zoning map, which are predominantly a mix of Tier II and Tier III areas. The Residential District has a permitted residential density with the purchase of Transferable Development Rights of four dwelling units per acre. But the ability to achieve maximum density permitted is dependent upon the ability to create smaller lots, which is only possible with connection to sewerage service. So, for instance, for the parcels located in Tier III areas, like those along German Chapel Road, the parcels north of Prince Frederick, and the parcels east of Prince Frederick, because these areas are not planned for sewerage service minimum lot areas would be 30,000 square feet (roughly 2/3 of an acre), and a residential density of four dwelling units per acre cannot be achieved with minimum lot areas of that size.

12. What type of development can be built in each zoning district?

To see which types of development are permitted in each zoning district, see draft Article 18 and Table 18-1 (Outside Town Center Uses).

13. How can we properly comment on draft Articles 4 through 8 without knowing the allowable uses?

There will be opportunities to comment on uses allowed within the zoning districts at the time Article 18 is open for public comment. The opening of this comment period will be publicized through press releases, the Zoning Ordinance Update website, and social media.

This will also not be the last time the public will have an opportunity to comment on the proposed zoning districts and this is not the final draft. There will be an updated draft Zoning Ordinance after the first round of public forums, public comment, and work sessions are complete, and public comment on the updated draft will be sought and reviewed.

14. How are the use tables changing between the current vs. draft Zoning Ordinance?

One significant difference between the use tables in the draft Zoning Ordinance as compared to the current Zoning Ordinance is that the use tables for six of the town centers have been combined so they can be viewed together as one table instead of being listed in separate individual tables (the Solomons Town Center uses are still listed on an individual table because it has 21 sub-areas, too many to fit on a combined table). And all conditions for uses allowed in the town centers are listed together underneath the specific use in Article 18 instead of being located separately. This makes comparing the allowed uses and conditions for each town center much easier than can be done currently. More information on the proposed changes to the Uses article and Use tables will be provided when public comment is sought on Article 18. 

15. What do the acronyms represent on the Draft Zoning Map?

These acronyms represent the various draft zoning districts. The draft zoning districts, as well as their acronyms, are introduced in draft Article 3 (Zoning Map). Summaries of the intent and purpose of each zoning district (as well as the zoning district acronyms) are included in draft Articles 4 through 8.

16. What are the differences between the Farm and Forest District (FFD) and Rural Community District (RCD)?

The differences between the FFD and the RCD are described in Articles 4 and 5, which summarize the purpose and intent of these districts and include minimum standards tables which address permitted residential density, lot area, and setback requirements. The allowed uses for these districts can be compared by reviewing Article 18 and Table 18-1.  Details on the proposed changes to these districts can be found in the comparison of the 2023 draft Zoning Ordinance with the current Zoning Ordinance. 

17. Why is there no longer a Wetlands District in the proposed draft zoning?

The Wetlands District, which is currently delineated around tidal wetlands, was introduced in the early 1980’s. The Wetlands District was not included in the draft Zoning Ordinance update because it has become redundant due to federal, state, and county regulations that have since been adopted which protect tidal wetlands.

18. How will the proposed draft zoning districts effect a property that is also an Agricultural Preservation District?

Agricultural Preservation Districts (APDs) are overlay districts, not zoning districts. An overlay district is superimposed on one or more zoning districts or parts of zoning districts. The standards and requirements associated with an overlay district may be more or less restrictive than those in the underlying zoning district. APDs are primarily governed by the Agricultural Preservation Rules and Regulations, which is separate from the Zoning Ordinance. However, the Zoning Ordinance is relevant because allowed uses for APDs and conditions for uses are determined by Article 18 (Uses) and the use tables. Uses allowed in the underlying zoning district, but not allowed in Agricultural Preservation Districts are not permitted in APDs.

19. What are the reasons and possible consequences of the proposed Industrial Districts in the area around Lusby?

Industrial districts are proposed in the area south of Lusby in order to make the County’s zoning consistent with the Future Land Use Plan as found in the Comprehensive Plan. These areas were proposed to become industrial areas as part of the amendments to Comprehensive Plan that were adopted on December 9, 2022. 

Currently these areas are zoned either Employment Center District (EC) or Residential District (RD), so potential consequences can be understood in large part by reviewing the uses allowed in the EC and RD currently and comparing them with the uses allowed in these industrial districts (Light Industrial District and Industrial Mixed-Use District) in the updated Zoning Ordinance. 

20. Are there any new Residential District zones in the area around Lusby and Solomons? If so, what are the reasons and possible consequences?

There are no new Residential District zones proposed for the areas around Lusby and Solomons.

21. Is it possible to publish a version of the proposed zoning ordinance update in black line so that the public can easily identify the suggested revisions on the County’s website?

Because this Zoning Ordinance Update includes a complete restructuring and re-organization of the zoning ordinance, this is not practical. However, staff has prepared a document which compares and summarizes the substantive changes proposed in draft Articles 3 through 9 as compared with the current Zoning Ordinance and will continue to provide these comparisons/summaries for all draft articles as this process continues.

22. How will the text amendment process be impacted by the Zoning Ordinance Update?

At a joint Public Hearing on June 21, 2023, the Board of County Commissioners approved and enacted Text Amendment #23-03. This text amendment requires all zoning ordinance and map amendment requests to be addressed through the Zoning Ordinance Update process, instead of pursuant to Section 1-6.01 A-C of the current Zoning Ordinance. 

However, there is an exception to this policy if the Board of County Commissioners finds that a text or map amendment request should be considered because it either corrects a mistake, or is necessary to address public health, safety or welfare.

23. Is there a glossary of terms for those unfamiliar with the terminology used in the draft Zoning Ordinance?

Yes, draft Article 2 (Definitions) defines the terms used in the draft Zoning Ordinance. 

24. Is there a mailing list to sign up for in order to keep informed about the Zoning Update process?

Yes, visit www.calvertcountymd.gov/NotifyMe and enter your email address and subscribe to the Zoning Ordinance Update news flash located on the bottom of the page.

25. Are there regulations in the Floodplain Article that protect the environment?

The Floodplain Article contains regulations which are implemented primarily to protect human life, health and welfare and to prevent or minimize flood damage in the future. Regulations that protect sensitive environmental features such as steep slopes, highly erodible soils, streams, and forests are found in Article 20 (Forest Conservation), Article 21 (Natural Resources), and Article 22 (Critical Area).

26. Are there regulations in the Zoning Ordinance that protect streams outside of the Critical Area?

There are regulations that protect streams, forests and sensitive environmental features outside of the Critical Area located in Article 20 (Forest Conservation) and Article 21 (Natural Resources).

27. Is the new Zoning Ordinance going to change the residential density permitted in the Critical Area?

There are no proposals to change the residential density permitted under Critical Area regulations. The maximum permitted density in the Critical Area depends on the classification; for Resource Conservation Areas, the maximum density is one dwelling unit per 20 acres; in the Limited Development Area the maximum is four dwelling units per acre; however, if the underlying zoning district has a more restrictive permitted density, than that more restrictive density requirement would supersede the Critical Area requirements.

28. What studies were performed before the Floodplain and Critical Area articles were developed? Do they consider the impact of rising water levels?

The county has a countywide flood mitigation plan (an update to this plan is forthcoming) as well as a number of small area flood mitigation plans which focus on the most flood prone communities (like Cove Point and Broomes Island) which take into consideration the impact of rising water levels (links to these plans are available here). The Broomes Island Flood Mitigation Plan recommends that the flood protection elevation be raised higher than the current requirement, which is two feet of freeboard above the base flood elevation. The proposal in the draft Zoning Ordinance update is to raise the flood protection elevation to four feet of freeboard above the base flood elevation. The lowest floor of new buildings or structures, substantially improved, or repair of substantially damaged structures is required to be at least as high as the flood protection elevation. This would apply to structures located in special flood hazard areas as designated by FEMA. One of the benefits of raising the flood protection elevation is the county receiving credit towards FEMA’s Community Rating System which allows property owners to receive a discount on their flood insurance premiums; the more credit received, the greater the potential discount for property owners in the county.