[K3PZN-List] Carroll County Zoning Code

[Nick Proy (WT3O)]

For everyone's reference, the county's zoning code is available online at:
http://www.amlegal.com/nxt/gateway.dll/Maryland/carrollcounty_md/carrollcoun
tymarylandcodeofordinances?f=templates$fn=default.htm$3.0$vid=amlegal:carrol
lcounty_md (Title XV [Land Use], Chapter 158 [Zoning Regulations]). For
amateur radio antennas:

 

"Communications Tower" is defined under Section 158.001 as:

COMMUNICATIONS TOWER.  A structure to support radio, cellular telephone and
television transmission antennas; microwave relay towers; monopoles; and
similar structures for transmission or reception and retransmission of
electronic signals. COMMUNICATIONS TOWER includes accessory equipment
buildings that do not have office space. COMMUNICATIONS TOWER does not
include amateur radio operator antennas which are accessory to a residential
use and television antennas which are accessory to a residential use.

      (1)   A "freestanding tower" stands without support of guy wires or
cables. 

      (2)   A "guyed tower" depends upon a pattern of supporting cables for
its stability.

 

I live in R-40,000 (houses with one acre lots) and that falls under Section
158.072. From above, we know that amateur antennas are "accessory
structures" so you only need to worry about general height regulations:

.         Under Section 158.072(F), No principal structure shall exceed two
and one-half stories or 35 feet in height, and no accessory structure shall
exceed two stories or 20 feet in height, except as provided in Section
158.130(E).

.         Under Section 158.130(E)(1): Building height limitations shall not
apply to water tanks, barns, windmills, silos, or other accessory farm
structures; or to belfries, steeples, spires, electric or communication
poles or towers, electric generating plants, electric transforming or
switching equipment, radio, television, or radar towers, chimneys or smoke
stacks, flagpoles, fire or observation towers, cupolas, domes, monuments,
penthouses, or roof structures for housing stairways; or to tanks,
ventilating fans, air-conditioning equipment or similar equipment required
to operate and maintain the building. No penthouse or roof structure shall
have a total area greater than 25% of the roof area. This provision shall
not apply to wind energy systems.

o   I noted flagpoles for those who live in HOAs and can only have a
flagpole antenna.

 

As far as setbacks, it's a little murky because the "if it falls, it needs
to land within your yard" appears to only apply to "communications towers"
(which don't include amateur radio antennas because of the definition of a
"communications tower" under Section 158.001) under Section
158.039(C)(2)(a): A minimum setback of a distance equaling the height of the
tower. The setback shall be measured from the base of the tower to the
boundary line of the property owned, leased, or controlled by easement by
the applicant. I still think it's common sense not to put a 100' tower right
on a property line though.

 

Disclaimers: This isn't legal advice. This only applies to Carroll County.
HOAs will likely impose additional restrictions.

 

Happy 4th to everyone!

 

Sincerely,

Nick Proy (WT3O)

 

PO Box 499

Finksburg, Maryland 21048

 

Phone: (443) 352-8517

E-Mail:  <mailto:WT3O at proylaw.com> WT3O at proylaw.com