(A) Lot yield.
(1) In addition to the ability to create off conveyances as provided for in this chapter, lots may be created for residential purposes from any tract of land pursuant to the following standard: where the tract to be subdivided is six to 20 acres, one new lot plus the remaining portion may be created; and for tracts over 20 acres, an additional new lot may be created for each 20-acre increment or part thereof. The area of a tract shall be calculated to the nearest 0.0001 acres. For purposes of this section, the standard is illustrated by this chart:
Size of Tract to be Subdivided | New Lots | Remaining Portion | Total |
Under 6 acres | 0 | 1 | 1 |
6 – 20 acres | 1 | 1 | 2 |
20.0001 – 40 acres | 2 | 1 | 3 |
40.0001 – 60 acres | 3 | 1 | 4 |
60.0001 – 80 acres | 4 | 1 | 5 |
(2) In addition to the lots which may be created pursuant to the A District, Transferred Development Rights (TDRs), subject to the provisions of § 155.090, may be added when the result does not exceed a density standard of one unit for each ten-acre increment. Any parcel from which a lot or lots have been created by subdivision and recorded in the Land Records of Carroll County since February 14, 1978, shall not be eligible for TDRs.
(3) A new subdivision lot created from a tract pursuant to division (A)(1) above may not be further divided for residential purposes, and when a tract is divided pursuant to division (A)(1), the owner shall designate on the subdivision plat the new lot or lots being created and the remaining portion, if any, and whether the remaining portion may be entitled to further division pursuant to division (A)(1) above.
(4) Divisions (A)(1) and (2) above shall have no application to preliminary subdivision plans for residential purposes approved by the Planning and Zoning Commission prior to April 29, 1978; provided, however, that a preliminary subdivision plan approved by the Planning and Zoning Commission may not be revised to increase the density.
(5) Where land is described in a deed recorded in the Land Records of Carroll County as of April 23, 1963, which separately describes adjoining tracts of land such as a multi-parcel deed and where any of such separate adjoining tracts are existing and separated after July 1, 1989, by being individually conveyed or being individually presented for subdivision, then each tract so separated may be subdivided for residential purposes pursuant to the following standard: where the tract to be subdivided is six to 20 acres, one new lot plus the remaining portion may be created; and for tracts of 20 acres or more, one new lot may be created for each full 20-acre increment plus the remaining portion.
(6) Reconfiguration for the purpose of increasing the overall density beyond the individual lots yielded from the tracts or lawfully reconfigured tracts which existed as of July 1, 1989 is prohibited.
(B) Utilization of adjoining tracts.
(1) When lots are created for residential purposes in the A District, the lots are to be located and sized so the agricultural land devoted to residential use is minimized, and the amount of land retained for agricultural use is maximized. The total density of adjoining tracts and legally created off conveyances may be used to comply with these standards, and the lots resulting from development of adjoining tracts may be located on one or more of the tracts. In computing density for purposes of this section, tracts which are subject to an Agricultural Preservation District agreement or easement may not be counted. Total number of residential lots shall be based upon yield from actual acres of various tracts.
(2) Where land on either side of a public road, or on either side of a strip dividing an original tract and owned in fee simple by a public utility, would otherwise be adjoining except for the existence of in fee public ownership of the road or public utility strip, such confronting tracts may be considered adjoining under this division (B). The tracts shall be considered adjoining only for the purpose of transferring density but not for the purpose of increasing density beyond what is otherwise allowed.
(3) Whenever density from a transferring tract is relocated onto one or more adjoining tracts, the transferring tract shall retain at least one residential building right or the transferring tract shall be combined with another tract or tracts unless modified by the Planning and Zoning Commission.
(C) Development of agricultural remaining portions.
(1) Further development of the remaining portion for purposes other than agricultural or residential, as allowed by § 158.071.01 under the "Agricultural" land use category, shall be limited as shown in the chart below, with no further subdivision of the remaining portion allowed. For purposes of this subsection, a use shall be considered a single building, as defined in § 158.002, or area of use for outdoor uses.
Size of Remaining Portion | Number of Principal Permitted or Conditional Uses Allowed |
0-40 acres | 1 |
More than 40 acres | 2 |
(Ord. 2022-19, passed 10-20-2022)