You are viewing an archived code
(a) For a tract of land encumbered by a State or County Agricultural Land Preservation Easement, the total number of lots, including child lots, is governed by the requirements of the easement recorded in the land records of Montgomery County, if there is a development right for each lot and the total number of lots allowed by the easement does not exceed the density of one residential dwelling unit for every 25 acres.
(b) The following lots are exempt from the area and dimensional requirements of section 59-C-9.4 but must meet the requirements of the zone applicable to them before their classification in the Rural Density Transfer zone.
(1) A recorded lot created by subdivision, if the record plat was approved for recordation by the Planning Board before the approval date of the sectional map amendment which initially zoned the property to the Rural Density Transfer Zone.
(2) A lot created by deed executed before the approval date of the sectional map amendment which initially zoned the property to the Rural Density Transfer Zone.
(3) A recorded lot having an area of less than 5 acres created after the approval date of the sectional map amendment which initially zoned the property to the Rural Density Transfer Zone by replatting 2 or more lots; provided that the resulting number of lots is not greater than the number which were replatted.
(4) A lot created for use for a one-family dwelling by a child, or the spouse of a child, of the property owner, if the lot satisfies the requirements of 59-C-9.41.1.
(Legislative History: Ord. No. 10-69, § 5; Ord. No. 12-1, § 1; Ord. No. 12-76, § 1; Ord. No. 13-13, § 1; Ord. No. 16-57, § 2.)
Editor’s note—See County Attorney Opinion dated 4/26/99 explaining that a transfer of development rights easement continues to restrict development even when the underlying zoning of the property is changed.