[K3CAL] Draft Update to Calvert Zoning Ordinance - Amateur Radio Towers

[Shawn Donley]

All,
 
For some time now, Calvert County has been working on a comprehensive update to their current zoning ordinance.  The draft is now available
for review at:   https://www.calvertcountymd.gov/ZoningOrdinanceUpdate
 
Thanks to prior coordination, changes that affect amateur radio towers and antennas are favorable and somewhat relaxed compared to current regs. 
 
The areas of the new draft ordinance that affect us are:
   A2 -   Definitions
   A18 - Uses (including the several Tables)
 
I've attached a pdf document that shows the current tower zoning language AND the new draft language, but I recommend you review of the entire Article 18 from the web link above since there is some language in the "General" section on communications towers that may need to clarify an exemption for amateur radio towers.  Also, the draft section on Private/Not-for-Profit (Non-Commercial/Governmental) towers (that's where we fall in) for heights above 100 ft is missing the intended (I think) requirement for a "special exception".
 
The notable changes in the new draft are:
 
1.  Height limitation without special exception increased from 75 ft to 100 ft.
2   Setback for crank-up towers and masts reduced to 100% of the nested height of the tower (rather than 75% of the extended height)
 
Probably the most controversial remaining restriction is the "one tower per lot" which carries over from the old ordinance.  There's still a path for that in the draft, requiring a special exception, which at last check involves a $775.00 application fee (approval or not).   Perhaps there's another path that involves a lot size criteria for allowing a second tower.   I tried that approach in prior communications with the county but it didn't stick.
 
There's some language about radio interference, not only in our section but many times through the draft.   Don't worry about it.  I think it has to go.  The FCC has made it clear (in court) that only they are permitted to deal with the subject and they preempt any local ordinance regarding interference.
 
We have plenty of time to review and comment.  Don't panic or over-react.  Remember...the draft gives us better privileges than what's in the current zoning regs.
 
By comparison to other jurisdictions across the country, we have it very good here in Calvert regarding amateur radio tower zoning.  And Maryland has adopted FCC PRB-1 into state law (https://www.billtrack50.com/billdetail/1434639 ) requiring reasonable accommodation for amateur radio towers.  The county is aware of this.
 
I suggest we discuss the new draft at a future CARA meeting, perhaps September or October.
 
Public comment on Article 18 opens on Nov 6 with public comments due by Dec 1st.   I would suggest that CARA act as a single-point for consolidation of comments and submission (I volunteer), but please feel free to comment directly.  However, if doing so, please be diplomatic, constructive and cordial.  Don't ruin the gains we have already made by complaining.  
 
But PLEASE plan to show up at the public forum (currently Nov 16; time/location TBD) to protect your rights as licensed amateur radio operators.  It only takes one vocal antenna/tower complainer to alter the Commissioner's position. 
 
Thanks
 
N3AE
 
Note:  Don't confuse local zoning ordinances with HOA restrictions or Covenants and Restrictions which run with the deeded land.  Any restrictions from those sources receive no relief from zoning ordinance language.  That's another battle.  See:
 
https://www.arrl.org/news/legislation-to-remove-private-land-use-restrictions-on-amateur-radio-introduced-in-congress
 
 
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