59-C-9.41.1. Child Lots in the RDT Zone.

   (a)   Applicability.  A child lot above the density of one one-family dwelling unit per 25 acres is allowed in the RDT zone only if the following requirements are satisfied.

      (1)   The property owner must have:

         (A)   recorded title to the property before January 7, 1981;

         (B)   personally applied for approval to create the lot; and

         (C)   retained a development right for each lot.

      (2)   The Planning Board must not approve more than one child lot for each child of the property owner, regardless of the number of properties owned.

      (3)   Except as provided in subsection 59-C-9.41.1(a)(4), a maximum of 3 child lots can be established for a qualifying property owner under subsection (1):

         (A)   one child lot is allowed on a tract of land of at least 25 acres;

         (B)   two child lots are allowed on a tract of land of at least 70 acres;

         (C)   three child lots are allowed on a tract of land of at least 120 acres.

      (4)   The Planning Board may approve up to two additional child lots above the maximum number allowed in Section 59-C-9.41.1(C)(3) if the additional child lot:

         (A)   is not encumbered by a State or County Agricultural Land Preservation Easement;

         (B)   meets the applicable requirements in Section 59-C-9.41.1;

         (C)   is on the landowner’s only real property holdings in the County; and

         (D)   the tract of land for four child lots is at least 170 acres and the tract of land for five total child lots is at least 220 acres.

In determining whether to approve the additional child lots, the Planning Board must consider any recommendation from the Agricultural Preservation Advisory Board (APAB) about whether the additional lot will promote the continuation of the family farm unit or otherwise meet the purposes of the RDT zone.

      (5)   A lot created for a child must be no larger than the minimum area necessary for approval of well and septic.  The Planning Board may approve a lot larger than 3 acres only if an on-site well and septic system is not feasible and the lot cannot be served by a septic easement.  The area of the driveway stem on a flag lot must not be included in the maximum area limit.

      (6)   When a building permit application is initially filed, the child for whom the lot is created must be the listed owner of the lot in the County land records.

   (b)   Building Permit Restricted.  A building permit for a one-family dwelling unit on a child lot must be issued only to:

      (1)   a child of the property owner;

      (2)   the spouse of a child of the property owner;

      (3)   a contractor for a child of the property owner; or

      (4)   a contractor for the spouse of a child of the property owner.

   (c)   Transfer restricted.  Except as provided in subsections (c)(1) and (c)(2), ownership of a child lot must not be transferred or leased within 5 years of the date of the Department of Permitting Services’ final inspection of the dwelling unit.

      (1)   The owner of the child lot may only lease the lot to an immediate family member.

      (2)   Ownership of a child lot may be transferred if the Planning Board finds a hardship after the date of final inspection, such as a death of the child or a bona fide foreclosure of the mortgage or deed of trust.

   (d)   Penalty for Violations.  Any violation of this subsection is subject to the penalty and enforcement provisions in Section 59-A-1.3. Every day a transfer restriction is violated is a new violation.

   (e)   Deed Restrictions and Certificates of Compliance.

      (1)   Any deed or other instrument conveying title from the owner of the property to a child must be signed by both the grantor and the grantee.

      (2)   In any deed or other instrument conveying title from the owner of the property to a child, the grantor must clearly and conspicuously state, and the grantee must clearly and conspicuously acknowledge, that the conveyed property is a child lot subject to the requirements of subsection (c).

      (3)   If the Planning Director determines that a child lot may be transferred under subsection (c)(2), the Director must issue a certificate of compliance to the owner of the child lot in a form appropriate for recordation in the land records.  The certificate is conclusive evidence of the owner’s compliance with subsection (c).

   (f)   Provisions for existing child lots and preliminary plan applications for child lots filed before October 1, 2010.

      (1)   A child lot is permitted on a tract of land of any size where the child lot has an existing dwelling unit and is either identified on a plat recorded before October 1, 2010 or held pursuant to a deed that indicates conveyance from parent to child and was recorded before October 1, 2010, subject to the following provisions:

         (A)   one lot for every 25 acres plus one additional lot for each child lot;

         (B)   a child lot of any size;

         (C)   no limitations on ownership.

      (2)   A child lot is permitted on a tract of land of any size with a preliminary plan approved before October 1, 2010, subject to the ownership and transfer provisions of Section 59-C-9.41.1, and may be identified on a plat recorded among the land records of the County using the following provisions:

         (A)   one lot for every 25 acres plus one additional lot for each child lot;

         (B)   a child lot of any size.

      (3)   A child lot is permitted on a tract of land of any size with a preliminary plan application filed, but not approved, before October 1, 2010 and must satisfy all of the provisions of Section 59-C-9.41.1, except it may be approved with a density of one lot for every 25 acres plus one additional lot for each child lot.

      (4)   A child lot previously recorded by plat is exempt from the limit on number of child lots and the lot area, and size limits of Section 59-C-9.41.1, provided that the density does not exceed one lot for every 25 acres plus one additional lot for each child lot.

	Rural	RC	LDRC	RDT	RS	RNC	RNC/ TDR
59-C-9.42. Minimum net lot area.
No main building, together with its accessory buildings, shall be located on a lot having a net area of less than	5 acres	5 acres	5 acres	40,000 sq. ft.	2 acres4	25,000 sq. ft.	25,000 sq. ft.
59-C-9.43. Minimum lot width (in feet):
(a) Measured along front building line	300	300	300	125	125	100	100
(b) Measured along front street line	25	300	300	25	3007	25	25
59-C-9.44. Yard requirements for a main building (in feet):
(a) Minimum setback from street.  The front building line must be parallel to the front lot line or proposed street line and set back from the lot or street line at least	50	501	501	501	503	40	40
(b) Minimum side yard, 2 required:
(1) One side	20	20	20	20	20	15	15
(2) Sum of both sides	40	40	40	40	40
(3) Abutting a public street	50	501	501	501	503	501	501
(c) Minimum rear yard	35	35	35	35	353	35	35
59-C-9.45. Yard requirements for an accessory building or structure (in feet).
(a) In the Rural and Rural Cluster zone, an accessory building on a residential lot must be located in the rear yard and occupy no more than 25 percent thereof.  In all 7 zones, it must be set back at least as follows:
(1) From the front lot line or proposed street line	80	80	80	(see note 1)	80	80	80
(2) From the side lot line:
(A) Of an interior lot	15	15	15	15	15	15	15
(B) Of a lot abutting a public street	501	501	501	501	501	50	50
(3) From a rear lot line	10	10	10	10	103	10	10
(b) Any accessory building or structure used for the housing, shelter, or sale of animals or fowl other than a household pet must be located at least 25 feet from a lot line and at least 100 feet from dwelling on another lot or parcel.
(c) In the zones indicated thus (*), any accessory building or structure on a lot or tract adjoining a national historical park must be located at least 200 feet from the national historical park unless the accessory structure on the lot or tract is exempted under Sec. 59-B-2.16.	*	*	*		*	*	*
59-C-9.46. Maximum Lot Coverage.
No more than this percentage of the net lot area may be covered by buildings, including accessory buildings.2	10	108	10	10	10	10	10
59-C-9.47. Maximum building height, except that there is no height limit for agricultural buildings (in feet)	50	50	50	50	50	35	35
59-C-9.48. Additional Development Requirements
In the zones indicated thus (*), moderately priced dwelling units are required in accordance with the provisions of Chapter 25A and Section 59-C-9.57.						5	5

 

1   This setback must consist of any scenic setback indicated on an approved and adopted master plan or 50 feet, whichever is greater.

2   On a lot or parcel where agricultural products are grown predominantly in greenhouses, a maximum lot coverage of 40 percent is permitted, subject to the following provisions:

   (a)    Any increase above 10 percent must consist entirely of greenhouse area.

   (b)    The plan receives site plan approval as provided in division 59-D-3.

3   This minimum setback may be increased at the time of site plan review in accordance with 59-D-3 in order to protect or enhance  the open space on the property.

4   Any lot smaller than two acres, created by deed and existing at the date of inclusion in the zone may be created as a record lot. A record lot may also be created through the replatting of two or more otherwise substandard lots.  Any lawfully constructed structure on such lot may continue as a conforming structure; however additions or structural alterations must conform to the setback, height, floor area ratio, and green area requirements for the Rural Service zone.  Any new or replacement structures proposed for such a lot must conform to the setback, height, floor area ratio, and open space requirements for the Rural Service zone.

5   Required only for optional method of development that is served by public sewer service and where designated for sewer service in the applicable master plan.  Any residential development that does not meet the requirements of Chapter 25A for which a preliminary plan of subdivision was approved before April 1, 2005 is a conforming use and may continue in accordance with the standards in effect before April 1, 2005.

6   Any accessory structure lawfully existing before July 3, 2007 and located less than 200 feet from a national historical park is a conforming structure and may be repaired or reconstructed under the standards in effect before July 3, 2007.

7   A minimum street frontage is not required if the lot or parcel:

   1)    was created before the application of the RS zone to the lot or parcel; and

   2)   has not changed in size or configuration by deed after the application of the RS zone to the lot or parcel.

8   The total impervious surface area of any proposed preliminary plan must not exceed any impervious surface area limits recommended by the approved and adopted master or sector plan. A preliminary plan approved before December 24, 2012 may be built or altered if the building coverage of any lot is 10% of the lot or less, without a limit on total impervious surface area.