Hampstead City Zoning Code
ARTICLE III
Miscellaneous Regulations
§ 135-10 Main Street Revitalization Area design review.
[Added 7-11-2000 by Ord. No. 336; amended 3-8-2005 by Ord. No. 409]
A.
The Main Street Revitalization Area has been established in the Town of Hampstead Main Street Revitalization Plan adopted on February 8, 2000. A map of the Revitalization Area is hereby made and declared a part of this chapter as set forth in § 135-5 of the Town Code.
B.
Within the Main Street Revitalization Area, the Hampstead Planning and Zoning Commission shall provide design review.
(1)
A review is required for those projects that involve a substantial change in the appearance of a building or structure or the landscape and where approval of a site plan or site plan amendment is required. A review is also required for the demolition of a building or structure and relocating a building or structure.
(2)
Review shall include any elements of a formal site plan deemed necessary by the Commission including, but not limited to, landscaping, site design, exterior illumination, signage, off-street parking, architectural elevations and exterior building materials.
C.
The review procedure seeks to encourage rehabilitation and new construction in a manner that will promote visual harmony, enhance the historical integrity and develop creative design solutions. While the design guidelines will not dictate architectural styles, they will suggest a variety of design options for achieving compatibility within the Revitalization Area.
(1)
A preapplication conference is recommended prior to conducting work within the Main Street Revitalization Area. Applicants should call or visit the Zoning Administrator prior to making application to discuss proposed design changes and to determine what level of information is required for submittals.
(2)
An application shall be obtained from the Zoning Administrator. When completed, the application, required drawings, and specifications shall be filed with the Zoning Administrator to begin the review process. Applicants are encouraged to review the adopted Main Street Revitalization Plan.
(3)
No fees are charged for the Main Street design review and approval process except for any of those fees associated with site plan review and approval, where applicable.
(4)
When the project would require a formal site plan in accordance with Chapter 135, the site plan and design documents, including architectural elevations shall be submitted and reviewed concurrently.
(5)
When the project does not require a site plan, the Commission shall review the application and may meet with the applicant at the site of the proposed work, within 45 days of receipt of the application. Immediately following the review of the application, the Zoning Administrator will schedule a formal review of the application for the next available regular meeting of the Hampstead Planning and Zoning Commission.
(6)
The Zoning Administrator shall notify property owners adjacent to the proposed work site at least seven days prior to the date of the meeting at which the application will be reviewed.
(7)
The Commission shall review and approve and disapprove projects during normal monthly meetings. Applicants are encouraged to prepare a presentation to be given at this review. No Town permits can be processed or variances heard until this formal review with the Commission is completed.[1]
[1]
Editor’s Note: Former Subsection C(8), which immediately followed this subsection and required Main Street design review prior to hearing a request for variance, was repealed 11-8-2011 by Ord. No. 493.
§ 135-11 Minimum nature of regulations.
The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land except as hereinafter provided.
§ 135-12 Compliance required.
Except as hereinafter specified, no land, building, structure or premises shall hereafter be used and no building or part thereof or other structure shall be located, erected, reconstructed, extended, enlarged, converted or altered except in conformity with the regulations herein specified for the district in which it is located.
§ 135-13 Nonconforming uses.
[Amended 7-10-2001 by Ord. No. 346; 10-14-2008 by Ord. No. 453]
Any building, structure or premises lawfully existing at the time of the adoption of this chapter, or lawfully existing at the time that this chapter is subsequently amended where such amendment created the specific nonconformity with this chapter, may continue to be used even though such building, structure or premises does not conform to use, dimensional regulations or other requirements of the zoning district in which it is located, subject to the provisions of this chapter.
A.
Alterations and changes of use.
(1)
Structural alterations of a building or structure or the use of a parcel, lot or tract of land which does not conform to the provisions of this chapter shall be allowed only if the building or structure to be altered or the parcel, lot or tract of land to be used is in conformance with the requirements of the zoning district in which it is located.
(2)
Upon application, the Board of Zoning Appeals ("the Board") may approve the structural alteration of a building or structure or the use of a parcel, lot or tract of land which is not in conformance with the provisions of the zoning regulations, provided that such alteration or extension of use is restricted to an additional area not exceeding 35% of those existing buildings, structures, parcels, lots or tracts of land devoted to a nonconforming use except that no alteration, extension or expansion shall be permitted for:
(3)
Applications for the alteration, extension or expansion shall be granted or denied on the same legal standard as for zoning variances.
(4)
If no structural alterations are made, a nonconforming use of a building, structure or premises may, with approval of the Board, be changed to another nonconforming use which, in the opinion of the Board, is of the same or a more appropriate use or classification.
(5)
Whenever a nonconforming use has been changed to a more appropriate use in the opinion of the Board, such use shall not thereafter be changed to a less appropriate use or classification.
B.
Repairs or improvements to public order or statutory requirement.
[Amended 5-8-2018 by Ord. No. 525]
(1)
Nothing in this chapter shall be deemed to prevent the strengthening or restoration to a safe condition of a structure in accordance with an order of a public official who is charged with protecting the public safety and who declares such structure to be unsafe and orders its restoration to a safe condition, provided that such restoration is not otherwise in violation of this chapter.
(2)
Nothing in this chapter shall be deemed to prevent the structural alteration of a building or structure when such alteration is required to assure compliance with requirements related to the Americans with Disabilities Act,[1] provided that such alteration is not otherwise in violation of this chapter.
C.
Uses or structure accessory to principal nonconforming use or structure (accessory uses).
(1)
No use or structure that is accessory to a principal nonconforming use or structure shall continue after such principal use or structure shall have been terminated, unless it shall thereafter conform to all the regulations of the zoning district in which it is located.
(2)
A nonconforming use of land or of a structure that is accessory to a nonconforming use of land or a nonconforming use in any other structure shall not be extended, expanded, enlarged, or increased in intensity.
D.
Ordinary repair and maintenance. Normal maintenance and incidental repair or replacement, and installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring, or plumbing, may be performed on any nonconforming structure, provided that this work shall not result in an extension or expansion of the nonconforming uses and providing that all necessary permits are properly secured.
E.
Subdivision. A lot or parcel where a nonconforming use shall not be subdivided unless such subdivision results in the conformity of both or all subdivided lots or parcels.
F.
Cessation of use. No building, structure or premises where a nonconforming use has ceased for six months or more shall thereafter be used, except in conformance with this chapter. The actual use of the building, structure or premises shall be the determining factor in determining whether a nonconforming use has ceased for six months. The intention of the property owner shall not be a factor in determining whether the nonconforming use has ceased for six months. However, time spent on repairs or improvements pursuant to the requirements, as detailed in § 135-13B, may be excluded from the time calculation upon showing to the Zoning Administrator the nature of the work and the amount of time needed for completion of the work.
[Amended 5-8-2018 by Ord. No. 525]
G.
Extinguishment of use.
(1)
The Zoning Administrator shall have the authority to extinguish the nonconforming use status of any building, structure, premises or use where the nonconforming building, structure, premises or use:
(b)
Has been in any way unlawfully expanded or altered to include modification without a valid building permit or occupancy without a valid use and occupancy permit.
(c)
Has been in any way unlawfully used or occupied except as authorized by this chapter.
(d)
Has been demolished without an approved demolition permit and/or an approved building permit to erect the replacement structure.
(2)
The Zoning Administrator shall provide written notice of the extinguishment of a nonconforming use. Any appeal of this finding shall be subject to the rules and requirements of this chapter and must be made within 30 days of the date of decision.
H.
Declaration of a nonconforming use. The Zoning Administrator shall have the authority to declare a property a lawful and valid nonconforming use. To make such finding, the property owner shall present to the Zoning Administrator sufficient evidence to make a factual determination that the structure, building, premises or use lawfully existed before the adoption of this chapter or before any such amendment that created the lawful nonconforming use. The property owner shall bear the burden of proof under the evidentiary standard of Maryland zoning law. Any appeal of this finding shall be subject to the rules and requirements of this chapter and must be made within 30 days of the date of decision.
§ 135-14 Uses prohibited under other laws.
Any existing or proposed use which is determined to be in conflict with any existing ordinance or laws of the Town of Hampstead or law regulation of the State of Maryland or other governmental agency shall be prohibited, even though such use may be allowed under the terms of this chapter.
§ 135-15 Use of land for agricultural purposes.
Except for compliance with yard requirements and distance requirements set forth in § 135-20, nothing in this chapter shall prohibit the use of land for agricultural purposes or the construction or use of buildings or structures incident to the use for agricultural purposes of the land on which such buildings or structures are located.
§ 135-16 Existing buildable lots.
[Amended 11-8-2011 by Ord. No. 493]
Any lot which was a buildable lot under the terms or regulations in effect at the time of the adoption of this chapter and which was established or recorded at that time shall be deemed a buildable lot subject to the provisions of Article XXX.
§ 135-17 Use of same yard for more than one building prohibited.
No part of a minimum required yard or other open space provided about any building or structure for the purpose of complying with the provisions of this chapter shall be included as part of a minimum required yard or other open space required under this chapter for another building or structure.
§ 135-18 Major Road Plan.
In an area where a Major Road Plan has been duly adopted in accordance with Article 66B, Annotated Code of Maryland, 1957 Edition, showing a proposed new highway or street or a proposed relocation or widening of an existing highway or street, no building or part of a building shall be permitted to be erected within the lines of such proposed highway or street except as provided hereinafter:
A.
The Zoning Administrator shall issue a zoning certificate for such construction as applied for, provided that the Maryland State Highway Administration, the County Roads Department or appropriate authority, upon and within 30 days of written notice thereof, does not reaffirm and substantiate its plans to provide such construction in accordance with the Major Road Plan.
B.
The owner of the property so affected shall, following the expiration time of such written notice, have the right to appeal to the Board the refusal of a zoning certificate, and the Board may give approval to build if it should find, after public hearing and upon the evidence and arguments presented to it upon such appeal, that:
(1)
The entire property of the appellant, of which the area affected by the Major Road Plan forms a part, cannot yield a reasonable return to the owner unless such appeal is granted.
(2)
Balancing the interest of the general public in preserving the integrity of the Plan and the interest of the owner of the property in the use and benefits of his property, the granting of such permit is required by consideration of reasonable justice and equity.
§ 135-19 Utilities equipment and towers.
[Amended 1-19-1993 by Ord. No. 230; 10-13-1998 by Ord. No. 319]
A.
Utilities, as defined and enumerated in § 135-3, exclusive of communication towers, shall be permitted in any district and are exempt from lot area, lot width and yard requirements. However, the plans of any overhead electric transmission line of 40 kilovolts or more, on metal or wooden poles or towers or pole structures, or of any cross-country telephone trunk line, including microwave, transmission pipe line or trunk sewer line, proposed to be erected or installed in any district shall be submitted before the beginning of construction to the Commission for its review and approval.
B.
The following uses, exclusive of communication towers, shall be conditional uses in all zoning districts: buildings, yards, stations or substations for transforming, boosting, switching or pumping purposes where such facilities are constructed above ground; and telephone exchanges.
C.
Communication towers and communication antennas.
(1)
Communication towers are prohibited in all R districts, the C District and the H District.
(2)
Communication towers are permitted as a conditional use in all I districts and all B districts subject to the conditions and exceptions noted hereafter, imposed elsewhere in this subsection, imposed elsewhere in Chapter 135, imposed elsewhere by law and subject to the following:
(a)
A minimum setback of a distance equaling the height of the tower plus any communication antenna. 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.
(b)
Subject to a minimum distance requirement of a distance equaling the height of the tower and any communication antenna plus 200 feet from all R districts, the H District and the C District or the nearest part of any existing dwelling, school, church or institution for human care, in any other district.
(c)
Subject to a minimum setback from all overhead transmission lines of a distance equaling two times the height of the tower plus any communication antenna.
(d)
Subject to site plan approval by the Commission pursuant to § 135-250D.
(3)
Communication tower complexes are permitted as a conditional use in the I districts subject to the conditions and exceptions noted hereafter, imposed elsewhere in this subsection, imposed elsewhere in Chapter 135, imposed elsewhere by law and subject to the following:
(a)
A minimum setback of a distance equaling twice the height of the towers plus any communication antenna. 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.
(b)
Subject to a minimum distance requirement of a distance equaling twice the height of the tower and any communication antenna plus 200 feet from all R districts, the H District and the C District or the nearest part of any existing dwelling, school, church or institution for human care, in any other district.
(c)
Subject to a minimum setback from all overhead transmission lines of a distance equaling two times the height of the tower plus any communication antenna.
(d)
Subject to site plan approval by the Commission pursuant to § 135-250D.
(4)
Communication antennas erected on existing structures other than communication towers shall be allowed in any district, provided that the height of the antenna does not exceed 1/3 of the height of the existing structure and the total height of the existing structure and antenna does not exceed 200 feet.
(5)
No permit to construct a communication tower may be issued unless the applicant demonstrates to the Board of Zoning Appeals need for the tower and that the applicant has exhausted all alternatives to constructing a tower. Applicants are required to prove need by:
(a)
Demonstrating via statement or other evidence that, in terms of location, and construction, there are no existing towers, buildings, structures, elevated tanks, etc., able to provide the antenna platform required;
(b)
Evidence required.
[1]
Providing evidence, including coverage diagrams and technical reports, demonstrating that collocation on existing sites is not technically possible in order to serve the desired need. Collocation is not possible if:
[a]
Planned equipment would exceed the structural capacity of existing and approved towers, considering existing and planned use of those towers, and existing and approved towers cannot be reinforced to accommodate planned or equivalent equipment at a reasonable cost;
[b]
Planned equipment will cause radio frequency interference with other existing or planned equipment for that tower, and the interference cannot be prevented at a reasonable cost;
[c]
Existing or approved towers do not have space on which planned equipment can be placed so it can function effectively and at least in parity with other similar equipment in place or planned; or
[d]
Other reasons make it impracticable to place the equipment planned by the applicant on existing and approved towers.
[2]
Providing such other information as may be required.
(6)
An application for a zoning certificate for a communication tower must be accompanied by an affidavit from the applicant stating that space on the proposed tower will be made available to future users, when possible.
(7)
Except as required by the Federal Aviation Administration or other federal or state agencies, no tower may use artificial lighting or strobe lighting at night.
(8)
An applicant for a zoning certificate for a communication tower must execute an agreement with the Town, in a form legally sufficient to the Town, requiring the removal of the tower within six months after the tower ceases to function as a communication tower.
(9)
In reviewing any application or site plan under this section, among other things, an agency shall consider the extent to which the proposed use seeks to:
(a)
Minimize adverse visual effects of towers through careful design, siting and vegetative screening;
(b)
Avoid potential damage to adjacent properties from tower failure and falling ice through engineering and careful siting of tower structures;
(c)
Lessen traffic impacts on surrounding residential areas; and
(d)
Maximize the use of new communication towers in order to reduce the number of towers needed.
(10)
The Zoning Administrator, Board of Zoning Appeals and the Planning Commission can refer any application to appropriate agencies for comment.
§ 135-19.1 Wireless facilities.
[Added 10-8-2019 by Ord. No. 533]
A.
Purpose. The purpose of this section is to establish general procedures and standards, consistent with all applicable federal and state laws, for the placement, construction, installation, co-location, modification, relocation, operation and removal of wireless facilities and other utilities in the Town right-of-way. The goals of this section are to:
(1)
Provide standards, technical criteria and details for small cell wireless facilities, wireless support structures and other utilities in the Town right-of-way to be uniformly applied to all applicants, owners and operators of such facilities;
(2)
Enhance the ability of wireless communications carriers to deploy small cell wireless technology in the Town quickly, effectively and efficiently so that residents, businesses and visitors benefit from robust wireless service availability;
(3)
Preserve the character of Town neighborhoods and corridors;
(4)
Ensure that small cell facilities, wireless support structures and other utilities conform to all applicable health and safety regulations and blend into the surrounding environment to the greatest extent possible.
B. ANTENNA CO-LOCATE COMMUNICATIONS SERVICE FACILITY MICRO-WIRELESS FACILITY OMNI-DOME ANTENNA PANEL ANTENNA PROVIDER PUBLIC RIGHT-OF-WAY or PUBLIC ROW SMALL WIRELESS FACILITY SUPPORT STRUCTURE UTILITY POLE WIRELESS FACILITY
Definitions. As used in this section, the following terms shall have the meanings indicated:
Communications equipment that transmits and/or receives electromagnetic radio frequency signals used in the provision of wireless services. This definition does not apply to broadcast antennae, antennae designed for amateur radio use, or satellite dishes for residential or household purposes.
To install or mount a small wireless facility in the public right-of-way on an existing support structure, an existing tower, or on an existing pole to which a small wireless facility is attached at the time of the application. "Co-location" has a corresponding meaning.
Collectively, the equipment at a fixed location or locations within the public right-of-way that enables communications services, including: (i) radio transceivers, antennae, coaxial, fiber-optic or other cabling, power supply (including backup battery), and comparable equipment, regardless of technological configuration; and (ii) all other equipment associated with any of the foregoing. A communications facility does not include the pole, tower or support structure to which the equipment is attached.
Wireless transmitting and/or receiving equipment, including any associated electronics and electronics shelter or cabinet and generator.
Wireless facility having dimensions no larger than 24 inches in length, 15 inches in width, and 12 inches in height and an exterior antenna no longer than 11 inches, if any.
A wireless transmitting or receiving antenna that radiates or intercepts radio-frequency (RF) electromagnetic fields equally well in all horizontal directions in a flat, two-dimensional (2D) geometric plane; it receives signals from all directions and so needs to be installed in a vertical position in the area of the strongest signal.
A type of directional antenna, sending and receiving signals from only one direction, consisting of a dipole placed ahead of a flat-panel reflector.
A communications service provider or a wireless services provider and includes any person that owns and/or operates within the public right-of-way any communications facilities, wireless facilities, poles built for the sole or primary purpose of supporting communications facilities.
The area on, below, or above property that has been designated for use as or is used for a public roadway, highway, street, sidewalk, alley or similar purpose, and for purposes of this chapter shall include public utility easements.
A wireless facility that meets the following criteria: (1) the structure on which antenna facilities are mounted (i) is 30 feet or less in height, including existing antennae, or (ii) is not extended to a height or more than 30 feet or by more than 10% above its preexisting height, whichever is greater; (2) each antenna associated with the deployment, excluding the associated equipment, is not more than three cubic feet in volume; (3) all other wireless equipment associated with the antenna, including the provider's preexisting equipment, is cumulatively no more than 28 cubic feet in volume; (4) the facility does not require antenna structure registration under federal law; and (5) the facility does not result in human exposure to radiofrequency radiation in excess of applicable safety standards under federal law.
A structure in the public right-of-way other than a pole or a tower to which a wireless facility is attached at the time of the application.
A tall pole, usually constructed of wood, used to carry telephone wires, electrical wires and other utility lines above the ground.
The equipment at a fixed location or locations in the public right-of-way that enables wireless services. The term does not include: coaxial, fiber-optic or other cabling that is between communications facilities or poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna. A small wireless facility is one type of a wireless facility.
C.
Location of wireless facilities.
(2)
The following areas are conditional for placement of wireless facilities requiring Commission approval:
(a)
Any area within the Main Street Revitalization Area;
[1]
As a condition for approval of new small wireless facilities within the Main Street Revitalization Area, every effort must be made to camouflage and conceal to the maximum extent feasible all proposed equipment within proposed freestanding antenna pole(s) as applicable and consolidate all equipment within approved singular enclosures. If design and concealment treatments are determined on review by the Commission to be insufficient, the application may be denied.
[2]
All new small wireless facilities within the Main Street Revitalization Area must be located no closer than 1/2 block off of Main Street.
[3]
Proposed elements of pole(s) shall be aesthetically matching and consistent with character and height of adjacent poles and street lights and approved and agreed to by the Town.
[4]
If the application requests placement on Main Street, the application will be referred to the Commission. The applicant shall provide the Commission documentation evidencing why placement on a side street is infeasible. The Commission shall make a recommendation to the Town Manager.
(b)
Residential District, Historic District, and historically designated properties: Within all Residential Districts, all new small wireless facilities and/or support structures shall ensure that they:
[1]
Do not significantly create a new obstruction to property sight lines.
[2]
In alignment with existing trees, utility poles, and streetlights.
[3]
Equal distance between trees when possible, with a minimum of 15 feet of separation such that no proposed disturbance shall occur within the critical root zone of any tree.
[4]
With appropriate clearance from existing utilities.
[5]
Located at least 10 feet away from the triangle extension of a driveway flare.
[6]
No closer than 250 feet, radially, to another freestanding small cell.
[7]
All lines, including power and transport facilities, connecting to a new support structure shall be placed in duct or conduit that is buried below ground.
[8]
New overhead wiring to accommodate the antennae will not be permitted.
[9]
When trees, bushes, rocks, and other forms of landscaping are used for screening, such landscaping must match the predominant landscaping form and species within one block of the facilities.
(c)
Public parks.
[1]
Screening and equipment enclosures shall blend with or enhance the surrounding area in terms of scale, form, texture, materials, and color. Equipment shall be concealed as much as possible by blending into the natural and/or physical environment. All screening shall be at the reasonable discretion of the Town.
[2]
No small cell facility/wireless facility and/or support structure shall be attached or supported by any park equipment, facilities, or structures.
(3)
The Town may propose an alternate location for a wireless facility within 300 feet of the proposed location, which does not impose burdensome technical limits or unreasonable costs to the operator.
D.
Application for a permit.
(1)
The installation of wireless facilities and support structures in a public right-of-way shall require a permit under this chapter. No permit shall be issued with respect to the installation of wireless facilities or support structures in, on, or over any Town street, sidewalk, or right-of-way unless and until the permit applicant and the Town have negotiated and executed a franchise or right-of-way use agreement, setting forth the terms and conditions, including fair compensation to the Town, for applicants' use of public right-of-way, and, where applicable, lease payments for the use of any Town-owned poles or facilities.
(2)
In addition to the other information required by this section, an application for such a permit shall include the following information pertaining to particular sites or a proposed deployment:
(a)
A technical description of the proposed facilities, along with detailed diagrams accurately depicting all proposed facilities and support structures;
(b)
A detailed deployment plan describing construction planned for the twelve-month period following the issuance of the permit, and a description of the completed deployment;
(c)
An engineering certification relating to the proposed construction submitted by an engineer licensed in the State of Maryland;
(d)
A statement describing the applicant's intentions with respect to co-location;
(e)
A statement demonstrating the permittee's duty to comply with applicable safety standards for the proposed activities in the public right-of-way;
(f)
In the case of a proposed attachment to a Town-owned facility located in the public right-of-way, an executed agreement with the Town;
(g)
In the case of a proposed attachment to a utility pole not owned by the Town but in the public right-of-way, an executed attachment agreement with the utility pole owner;
(h)
Such other information as the Town Manager may require.
(3)
Within 30 days of the date of submission of an application, the applicant shall be notified in writing of any deficiencies related to the completeness of the application. No additional review or consideration of the application shall occur until such deficiencies are corrected. Remediation of deficiencies in an application shall be deemed an amendment of the application that was received and will again be reviewed for completeness as provided in this subsection.
(4)
The Town may deny applications not meeting the requirements stated herein or which are otherwise not complete after proper notice and a reasonable opportunity to make the application complete has been afforded. Applications will be deemed abandoned if left incomplete for more than 90 days after the date of notice of incompleteness.
E.
Wireless requirements and findings.
(1)
Wireless facilities and support structures proposed to be located on Town streets, sidewalks or other public right-of-way shall meet the following requirements:
(a)
Absent a special finding by the Town Manager, wireless facilities may only be installed on existing utility poles, and only entities certificated by the Maryland Public Service Commission pursuant to Maryland Code Annotated, Public Services and Utilities Article, Division I, Title 7 or Title 8, may erect new poles in the public right-of-way.
(b)
Any new pole installed in public right-of-way to support wireless facilities shall:
[1]
Comply with all structural and safety standards specified by the Town Manager and this chapter;
[2]
Not obstruct pedestrian or vehicular traffic flow or sight lines;
[3]
Not exceed the average height of the existing street light poles or utility poles within the area extending 1,000 feet in any direction of the proposed structure;
[4]
Be designed to accommodate the co-location of at least three different wireless providers' antennae and related equipment;
[5]
If metal, be treated or painted with nonreflective paint, and in a way to conform to or blend into the surroundings; and
[6]
Comply with such other requirements and conditions as the Town Manager may conclude are appropriate to impose.
(2)
Any wireless facilities installed on a pole or any other structure in the public right-of-way shall:
(a)
Have equipment box or boxes no greater in collective size than 24 cubic feet in volume, provided that neither the width nor the depth of any box may exceed two linear feet;
(b)
Have panel antennae no greater than two feet in height, and omni/dome antennae no more than four feet in height, and no wider than the sixteen-inch diameter;
(c)
Have no more than three single panel antenna per pole, and no more than one omni-dome antenna per pole;
(d)
Have microwave dishes no greater than two feet in diameter, with no more than three microwave dishes per pole;
(e)
Be treated or painted with nonreflective paint, and in a way to conform to or blend into the pole or the surroundings; and
(f)
Comply with such other requirements and conditions as the Town Manager may conclude are appropriate to impose.
(3)
Concealment.
(a)
Small wireless facilities. Small wireless facilities shall be concealed in an equipment box or cabinet. Unless approved by the Town, there shall be no external wires hanging from the pole and all wires shall be enclosed in a conduit.
(b)
Equipment enclosures. Equipment enclosures, including electric meters, shall be as small as possible. Ground-mounted equipment shall incorporate concealment elements into the proposed design such as landscaping, barriers, strategic placement in a less visible location and placement within existing street furniture.
(c)
Landscaping. Landscape screening may be required around ground-mounted equipment enclosures. The planting quantity and size must insure that one-hundred-percent screening is achieved within three years of installation. All maintenance of landscaping is the responsibility of the operator. Any proposed pruning or removal of existing trees, shrubs or other landscaping in the public right-of-way for installation must be noted in the permit application to be reviewed by the Town.
(d)
All colors must match the background of any wireless support structure to which facilities are attached. In the case of existing wood poles, finishes of conduit shall be aluminum or stainless steel. Equipment attached to metal poles must match the pole finish and color. Equipment cabinets and other encasements shall be finished using a Town-approved method and color.
(4)
Signage/lights/logs/decals.
(a)
Signage. The operator shall post the name, location, identifying information, and emergency telephone number in an area on the cabinet of the small wireless facility visible to the public. Signage required under this section shall not exceed four inches by six inches, unless otherwise required by law. If no cabinet exists, the signage shall be placed at the base of the pole.
(b)
Lights. Small wireless facility and wireless support structures shall not be illuminated, except to meet state, federal or local requirements.
(c)
Logos/Decals. The operator shall remove or paint over unnecessary equipment manufacturer decals. Small wireless facility and wireless support structures shall not include advertisements and may only display information required by federal. state or local code.
(5)
Wireless facilities and support structures proposed to be located on Town streets, sidewalks or other public right-of-way may be permitted upon a finding by the Town Manager that:
(a)
The application complies with all standards and requirements set forth in this chapter;
(b)
The location selected in the application is not in an area where there is an over-concentration of poles or other facilities in, on, or over the streets, sidewalks or other public right-of-way;
(c)
The location selected, and scale and appearance of the wireless facilities and support structures to be installed are consistent with the general character of the neighborhood;
(d)
The applicant has agreed to and provided adequate insurance, bonding and indemnification to protect the Town and its residents from injury or liability relating to or arising from the proposed facilities and structures;
(e)
The applicant has entered into the franchise or right-of-way use agreement with the Town required by § 116-47; and
(f)
The wireless facilities, if located in a Residential District or Historical District, do not generate any noise.
F.
Exceptions.
(1)
No Town permit shall be required under this section to excavate any portion of a street that is a part of the state highway system and for which a state permit is required under the provisions of Maryland Code Annotated, Transportation Article.
(2)
No permit shall be issued with respect to any Town street, sidewalk, or public right-of-way where, in the judgment of the Town Manager, sufficient capacity no longer exists for additional facilities to be placed in the proposed location without jeopardizing the physical integrity of utilities or other facilities already present in the proposed location, or the safe and efficient vehicular or pedestrian use of the street, sidewalk or public right-of-way.
G.
Fees, charges and bonds.
(1)
Every applicant shall pay a permit application fee as set forth in the Town's fee schedule, to be paid upon submission of the application.
(2)
The provider shall pay the Town a right-of-way use fee as set forth in the Town's fee schedule. The right-of-way use fee shall be due and payable within 30 days of execution of the right-of-way use agreement or the issuance of the applicable permit(s), whichever is sooner.
(3)
The applicant or provider shall be subject to any other generally applicable fees of the Town.
(4)
Except as otherwise provided in a right-of-way use agreement, the provider may remove its communications facilities or poles from the public right-of-way at any time, upon not less than 30 days' notice to the Town, and may cease paying the Town any applicable recurring fees for such use, as of the date of the actual removal of the facilities and the complete restoration of the public right-of-way. In no event shall a provider be entitled to a refund of any fees paid prior to the removal of its facilities or poles.
(5)
Unless otherwise provided in a right-of-way use agreement, a performance bond or other form of surety acceptable to the Town in an amount equal of 125% of the estimated cost of restoration of any work within the public right-of-way shall be provided to the Town before any work commences or installation, modification or removal of any communication facility or pole.
H.
Removal/abandonment of facilities.
(1)
Provider shall remove small wireless facilities/wireless facilities and/or support structures when such facilities are abandoned regardless of whether or not it receives notice from the Town. Unless the Town sends notice that removal must be completed immediately to ensure public health, safety, and welfare, the removal must be completed within the earlier of 60 days of the small cell facility/wireless facility and/or support structure being abandoned, or within 60 days of receipt of written notice from the Town. When provider abandons permanent structures in the right-of-way, the provider shall notify the Town in writing of each abandonment and shall file with the Town the location and description of each small wireless facilities/wireless facilities and/or support structure abandoned. Prior to removal, provider must make application to the Town and receive approval for such removal. Provider must obtain a right-of-way work permit for the removal. The Town may require the provider to complete additional remedial measures necessary for public safety and the integrity of the right-of-way.
(2)
The Town may, at its option, allow a support structure to remain in the right-of-way and coordinate with the owner to transfer ownership of such support structure to the Town, instead of requiring the owner and/or provider to remove such support structure.
I.
Penalty.
(1)
For failure to comply with any provision of this section, the penalty shall be a civil forfeiture, payable to the Town, in the amount of $250 per day for each day the violation continues.
(2)
In addition to the civil forfeiture in Subsection I(1), the Town may also pursue the remedies of revocation of the wireless facilities permit or specific performance of the violated provision.
(3)
The Town may excuse violations of this section for reasons of force majeure.
(4)
For purposes of this section "force majeure" means a strike, acts of God, acts of public enemies, orders of any kind of a government of the United States of America or of the State of Maryland or any of their departments, agencies or political subdivisions; riots, epidemics, landslides, lightning, earthquakes, fires, tornadoes, storms, floods, civil disturbances, explosions, partial or entire failure of utilities or any other cause or event not reasonably within the control of the provider.
§ 135-20 Distance requirements.
Any uses or buildings subject to compliance with this section shall be located at least 200 feet from any lot in an R district or any lot which is part of a duly recorded subdivision or any lot occupied by a dwelling, school, church or institution for human care not located on the same lot as said use or building.[1]
[1]
Editor's Note: Former § 135-17, Ponds, lakes and stabilization lagoons, which previously followed this section, was repealed 1-19-1993 by Ord. No. 230.
§ 135-21 Animals. [1]
[Added 9-21-2010 by Ord. No. 479]
A.
Purpose. The purpose of this section of the Town's Zoning Ordinance is to support the keeping of companion animals in residential areas while protecting public health, safety and welfare. The intent is to differentiate between the responsible keeping of animals traditionally kept as pets, such as domesticated cats and dogs, and the keeping, breeding and/or sale of farm animals and exotic animals. In broad terms, companion animals—in reasonable number—are permitted in all residential districts. The keeping of farm animals is limited to areas where agricultural activity is allowed. The keeping of exotic animals—except in limited and specific situations—is prohibited.
B.
Companion animals.
(1)
Keeping, harboring, breeding or possession of companion animals in compliance with local, county, state and federal law is permitted in any residential zoning district.
(2)
The total number of companion animals permitted on any residential property is six. Fish kept in aquaria or small mammals such as hamsters or gerbils kept in cages shall not count against this total.
(3)
The maximum number of dogs permitted on any residential property is three.
(4)
The maximum number of cats permitted on any residential property is three.
C.
Farm animals. Keeping, harboring, breeding or possession of farm animals is permitted in any zoning district where agricultural activity is allowed, subject to the setback requirements in § 135-20 and all local, county, state and federal laws, except as follows.
[Amended 5-12-2011 by Ord. No. 488]
(1)
The keeping of up to eight chickens shall be permitted in any zoning district where:
(a)
The principal permitted use is a detached single-family dwelling on a lot of one acre or more in size.
(b)
No person shall keep any rooster.
(c)
No person shall slaughter any chickens on the premises.
(d)
The chickens shall be provided with both an enclosed hen house and a fenced outdoor enclosure.
(e)
The chickens must be kept in the hen house or fenced outdoor enclosure at all times and shall not be allowed to run free.
(f)
The hen house shall be a covered, well-ventilated structure providing a minimum of two square feet per chicken.
(g)
The outdoor enclosure shall be adequately fenced to contain the chickens and to protect the chickens from predators.
(h)
The hen house must be kept in a clean, dry and sanitary condition at all times.
(i)
The outdoor enclosure shall be cleaned on a regular basis to prevent the accumulation of animal waste.
(j)
No hen house or enclosure shall be located closer than 100 feet to any occupied structure on an adjacent lot. Enclosures shall also comply with the setback requirements for accessory buildings and structures set forth in the Town’s accessory use regulations, where such structures shall be considered sheds.
(k)
The owner of the property shall secure a permit from the Town for keeping chickens, where the fee for such permit shall be set by a resolution of the Council.
D.
Exotic animals. Keeping, harboring, breeding or possession of exotic animals is prohibited in all zoning districts except for the following:
(1)
A lawful and accredited zoological park or aquarium which complies with this chapter and all other local, state and federal laws.
(2)
A lawful and accredited wildlife sanctuary or nature preserve which complies with this chapter and all other local, state and federal laws.
(3)
A lawful and accredited scientific, medical or educational research facility which complies with this chapter and all other local, state and federal laws.
E.
Exceptions. The requirements of § 135-21 shall not apply to:
(1)
Licensed humane societies.
(2)
Animal control officers.
(3)
Licensed veterinary hospitals or clinics.
(4)
Licensed uses involving animal breeding, shelter, care, services or sales in business zoning districts where such use is permitted by this chapter.
(5)
Persons participating in a trap/neuter/release program for feral cats, who engage in an ongoing management of a feral cat colony. (Persons participating in a trap/neuter/release program must keep documentation on each cat in the program and provide it to the Zoning Administrator, if requested.)
[Added 6-11-2013 by Ord. No. 500]
[1]
Editor's Note: Former § 135-21, Compliance with Landscape Manual, added 3-12-1996 by Ord. No. 287, was repealed 4-12-2005 by Ord. No. 414.
§ 135-22 Traffic visibility across corner lots. [1]
[Amended 3-15-1993 by Ord. No. 254]
In any C, H or R District or any corner lot, no fence, structure or planting that would interfere with traffic visibility across the corner shall be erected or maintained within 20 feet of the intersection of the road right-of-way lines.
§ 135-23 Major subdivisions in R-120,000 Districts.
[Amended 3-15-1993 by Ord. No. 254; 2-12-2008 by Ord. No. 440]
Nothing in this chapter shall prohibit a minor subdivision of land, as herein defined, in any district; provided, however, that a major subdivision of land, as herein defined, for residential purposes in any portion of an R-120,000 District shall, following any required technical review and prior to any approval, be subject to a final determination by the Commission to ensure compliance with the following requirements:
A.
That such proposed major subdivision for residential development has been adequately demonstrated as being in accord and not in conflict with or running contrary to any element of the Town's Master Plan.
B.
That any one or combination of essential community facilities and services determined necessary by the Commission, in accordance with Article XXIX, are either available or adequately insured to be made available for such proposed residential development in major subdivisions which would be adequate and which could reasonably be expected and required.
§ 135-24 Home office or occupation.
[Added 3-8-2005 by Ord. No. 408]
A.
A home office or occupation shall be permitted as an accessory use in any residential zoning district. A home office or occupation shall be subject to the following performance criteria:
(1)
A single home office or occupation shall be permitted in a residence. No outside employees are permitted to work in the home office or occupation.
(2)
The home office or occupation shall not occupy more than 25% of the dwelling.
(3)
The home office or occupation shall not generate any more traffic or need for parking than would normally result from residential occupancy.
(4)
Any activity related to the home office or occupation shall be conducted in such a manner as to give no outward appearance of business. No sign indicating a home office or occupation shall be permitted
B.
The following list is provided as examples of permitted home offices or occupations. This list is not intended to be exclusive, but merely illustrative.
(1)
An in-home office for a professional or a business owner where the principal work is conducted and equipment is stored off premises, like landscaping firms, general contractors, etc.
(2)
An Internet or mail-based business.
(3)
An in-home studio for an artist, sculptor, composer or author where work is sold off premises.
(4)
Art or music lessons for a single pupil.
(5)
A typing or document preparation service, tax preparation service or other administrative or consulting services where meetings with clients are conducted off premises.
(6)
The homebound employment of a physically, mentally or emotionally handicapped person who is unable to work away from home by reason of his or her disability.
§ 135-25 Home-based business.
[Added 3-8-2005 by Ord. No. 408]
A.
A home-based business shall be permitted as an accessory use in any residential zoning district but shall not be permitted in a planned unit development. A home-based business shall be subject to the following
(1)
Only one home-based business shall be permitted in a residence. The employees of a home-based business shall be limited to the owners-occupants of the residence and no more than one outside employee.
(2)
The home-based business shall not occupy more than 50% of the dwelling.
(3)
The home-based business shall not generate any more traffic or need for parking than would normally result from residential occupancy.
(4)
The conduct of a home-based business shall not detract from the residential character of the dwelling or the surrounding neighborhood. The sign for a home-based business shall be limited to an unlit sign three square feet per face in size and must be approved by the Zoning Administrator.
B.
The following is a general list of examples of home-based businesses that are permitted. This list is not intended to be exclusive, but merely illustrative.
C.
All home-based businesses shall possess a zoning certificate issued by the Zoning Administrator.