(A) In the Agricultural Zoning District, the preferred use is agriculture. The operation at any time of any machinery used in farming procedures and all other agricultural operations shall be permitted and have preference over all other uses.
(B) The minimum lot size for single-family dwellings will be 40,000 square feet and, except as provided in § 1-19-7.300(C), subdivision will be permitted only as follows: a minor subdivision of 3 lots will be permitted to be subdivided off an original tract of land; thereafter land will have to be rezoned before additional dwellings, other than tenant houses, may be built. An original tract of land shall be as described in the county land records as of August 18, 1976.
(C) Clustering.
(1) Purpose and intent.
(a) To encourage the conservation of farmland in the Agricultural Zoning District by planning the residential development allowed in the zone to provide for the best obtainable siting, access and location of lots on a tract.
(b) To provide for a well-planned development while minimizing the use of prime agricultural land.
(2) Requirements.
(a) For the purpose of this subsection "clustering" shall be defined as directing the subdivision of lots on a single tract of land to meet the purposes of this section or transferring the authorized subdivision lots from adjacent tracts onto one tract for development. The Planning Commission shall make the final determination as to whether the cluster development can be achieved in keeping with the purposes of this section.
(b) When transferring authorized subdivision lots from 1 or more tracts, the minimum original tract area required for transfer shall be 25 acres. However, adjoining tracts of less than 25 acres under the same ownership may receive the rights if the Planning Commission determines that this will preserve prime farmland.
(c) Minimum lot size, width and yard areas shall be as specified in the Agricultural District. Lot sizes which are part of the cluster should be kept to a minimum in order to limit the impact on the future agricultural use of the remainder. Lot size shall average not more than 1.5 acres in size with no lots exceeding 2 acres. The Planning Commission shall have the authority to grant modifications to lot sizes based on percolation and other Health Department requirements.
(d) Subdivision under this subsection shall be as follows. A minor subdivision of 3 lots will be permitted to be subdivided on an original tract of land 25 acres or less. An original tract shall be as defined in § 1-19-7.300(B). On an original tract of land containing more than 25 acres, the Planning Commission may allow 1 lot in addition to those allowed on lesser tracts for each additional 50 acres or part thereof above the first 25 acres subject to the requirements of this section. The Planning Commission may preclude clustering rights where subdivision under this section will not conserve farmland, such as where the tract is primarily in wooded areas, floodplains, wetlands, steep slopes and other areas not in pasture or crop use.
(e) All clusters of 6 or more lots shall be served by an internal public street and shall not be stripped along an existing roadway.
(3) Procedures.
(a) Concept plan. For the subdivision of tracts eligible for cluster lots, a concept plan shall be submitted to the staff a minimum of 60 days prior to the meeting at which it is to be considered by the Planning Commission showing all standard and potential cluster rights to determine the feasibility of subdivision rights for the original tract(s) of land. The plan shall be prepared in accordance with a "sample" cluster plan and show the following:
1. The lot layout (scale no smaller than 1 inch equals 100 feet) including building restriction lines and appropriate dimensions;
2. Street layout;
3. Vicinity map (scale no smaller than 1 inch equals 2,000 feet) showing the tract(s) and total acreages included within the plan;
4. Topography with minimum 10 foot contours (USGS Topo. Interpretation is permitted for Concept Plan);
5. Development rights table indicating acreages and development rights, both standard and cluster, for each tract and the total;
6. Soils data for the cluster area and the remaining farmland.
(b) The Planning Commission will have final approval over the location and layout of the proposed clustering of lots. The Planning Commission shall consider the following when reviewing Concept Plans.
1. Soils. The cluster plan should minimize the use of the higher quality soils (class I, II and III as designated in the soils classification study) and maximize the use of steeper sloped areas, areas of poorer soils and areas which are otherwise less productive for agricultural uses.
2. Surrounding land use and zoning. The cluster plan shall consider the existing land uses and zoning in the vicinity. Generally, new lots which are adjacent to existing development or residential zoning are preferred to creating an isolated cluster of new houses.
(c) Concept plan approval shall become null and void at the end of 1 year from the date of approval unless a combined preliminary/final plat or a preliminary plat has been submitted for approval for the property.
(d) If the concept plan is approved by the Planning Commission, the developer may then proceed with platting of the clustered development in accordance with the subdivision regulations and the approved concept plan. Final plats shall show all remaining parcels combined into 1 remainder except, however, any remaining parcel(s) separated by a public road shall be considered separate parcels and each parcel shall retain 1 development right. The plat shall bear a statement indicating that "The land lies within an approved agricultural cluster development and no further subdivision of the remaining land is permitted unless the property is placed in another zone or further subdivision is allowed by ordinance or regulation of Frederick County, Maryland."
(4) Even though a subdivision plat is not required for land subdivided for the purpose to be used as a farm, such subdivided land shall be counted as a lot and will be counted in the number of allowable lots that may be subdivided off the original tract of land.
(5) When filing a subdivision plat for less than the 3 lots allowed to be subdivided off the original tract of land, the remaining parcel must be designated "Remainder" on the subdivision plat or lose all further subdivision rights allowed under this section.
(Ord. 77-1-78, § 40-62(B), 1-24-1977; Ord. 77-10-87, 8-22-1977; Ord. 81-3-193, 1-27-1981; Ord. 81-13-203, 5-26-1981; Ord. 86-35-412, 6-10-1986; Ord. 89-16-547, 3-21-1989; Ord. 94-19-114, 10-14-1994; Ord. 00-21-263, § 1, 7-18-2000; Ord. 05-27-388, 10-25-2005; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014; Ord. 14-30-685, 11-18-2014; Bill No. 16-07, 8-15-2016)