Planning Commission backs most zoning text amendments; declines one and leaves another without action

The Calvert County Planning Commission considered a package of zoning text amendments on Aug. 20, 2025 (TA 25-02 through TA 25-13) that would revise definitions, permitted uses, and critical-area provisions in the county zoning ordinance. After staff presentations and public comment, the commission recommended adoption of most amendments, voted that TA 25-03 is not consistent with the comprehensive plan, and took no formal action on TA 25-04.

Staff said no written comments were received in advance on the package. The package followed a zoning ordinance rewrite that took effect March 1, 2025; several amendments are housekeeping changes to align the ordinance with other county regulations, state requirements, or pending revisions to agricultural preservation rules and regulations. Staff also presented a separate draft of updated agricultural preservation rules and regulations for informational purposes later in the meeting.

Key outcomes at the hearing:

- TA 25-02 (definition of retaining wall): Commission recommended adoption unanimously. The amendment clarifies that walls under 36 inches are not retaining walls and therefore are not subject to retaining-wall structural requirements.

- TA 25-03 (move provisions into Agricultural Preservation rules/regulations; APD-related provisions): The commission voted to find TA 25-03 not consistent with the comprehensive plan (motion carried). Several speakers representing property owners and the public argued that the agricultural-preservation rules must be finalized in concert with any change that would remove protections or guarantees from the zoning ordinance; concerns about retroactivity and property-owner expectations were raised during public comment.

- TA 25-04 (allow bed-and-breakfast and food-truck uses in APDs for pre-existing dwellings): No motion was made and the item received no formal recommendation; staff may reintroduce it later.

- TA 25-05 (clarification that uses not listed are not permitted): Commission recommended adoption unanimously.

- TA 25-06 (allow garden centers/farm supply in Farm & Forest and Rural Community districts, limited to 7,500 sq ft): Commission recommended adoption unanimously. Staff said the floor-area cap was selected because larger facilities would trigger a Category 1 site plan.

- TA 25-07 (align accessory dwelling unit (ADU) size/placement rules with state law): Commission recommended adoption unanimously. The amendment adds a 75% maximum relative-size condition and directs that local setbacks cannot exceed state-limited accessory-structure setbacks; it also adds a Department of Public Works access requirement.

- TA 25-08 (home-occupation and daycare parking and class changes): Commission recommended adoption unanimously. Revisions include a one-car drop-off requirement for home daycares and relaxed approval pathways for certain home occupations to reduce reliance on the Board of Appeals for class A home occupations.

- TA 25-09 (restore public utility lines/accessory structures as a permitted use in all districts): Commission recommended adoption unanimously.

- TA 25-10 (accessory-structure permitting thresholds, 200 sq ft permit threshold): Commission recommended adoption unanimously. The amendment clarifies when building permits are required and sets standards for accessory structures placed on adjoining parcels under defined conditions.

- TA 25-11 (site-plan/subdivision permit sequencing): Commission recommended adoption unanimously; the amendment clarifies that final site plan or subdivision approval must be obtained prior to issuance of building permits (including grading permits).

- TA 25-12 (temporary sign/location restrictions on public property): Commission recommended adoption unanimously. Staff and commissioners discussed enforcement, Supreme Court limits on content-based sign rules, and that the amendment is intended to keep signs off county/state rights-of-way and other public property without written permission.

- TA 25-13 (Critical Area revisions required by the Critical Area Commission): The commission recommended adoption by a 6–1 vote (Commissioner McQueen opposed). Changes include adjustments to review cycles (from 6 to 10 years), rules for growth allocation locations to consider climate-vulnerability and environmental justice indicators, clarifications that accessory dwelling units do not count toward allowed parcel density, and limited increases to lot coverage when approved pervious paving is used (an allowance up to 500 sq ft for certain pervious materials).

Public testimony was strongest on agricultural-preservation (APD) changes and potential retroactivity. Page Wairo (counsel for property owners with APDs) urged the commission to reject or defer TA 25-03, arguing that owners placed property into APDs under a set of expectations and that retroactive rule changes could provoke takings and due-process challenges. Jennifer (staff) and Ron Marney (Calvert County environmental planning regulator) explained that draft rules and regs were in process, that the county coordinated timing with the Board of County Commissioners, and that several Critical Area Commission-specified revisions were required for the county’s local program to remain certified.

The Planning Commission’s recommendations are advisory; each adopted amendment will be forwarded with the commission’s consistency findings to the Board of County Commissioners for final action. Items where no motion passed may be reintroduced by staff or members of the public for further consideration.