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

[Richard Terlisner]

Great info Shawn,  thanks for publishing.

On Wed, Jul 5, 2023, 2:33 PM Shawn Donley <n3ae at comcast.net> wrote:

> 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
>
>
> ______________________________________________________________
> K3CAL mailing list
> Home: http://mailman.qth.net/mailman/listinfo/k3cal
> Help: http://mailman.qth.net/mmfaq.htm
> Post: mailto:K3CAL at mailman.qth.net
> Unsubscribe: mailto:k3cal-request at mailman.qth.net?subject=unsubscribe
>
> This list hosted by: http://www.qsl.net
> Please help support this email list: http://www.qsl.net/donate.html
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.qth.net/pipermail/k3cal/attachments/20230705/fb831135/attachment.html>