[K3PZN-List] Carroll County Zoning Code

[Andy Leeds]

Thanks for looking that up, it seems to confirm what we all had been 
told in one form or another over the years.

Andy

On 7/3/2015 5:52 PM, Nick Proy (WT3O) wrote:
> 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
>
>
>
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>
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