A.
Except as herein provided, no accessory building shall
project beyond a required setback line along any County or state road.
B.
No accessory building shall be erected within any
required front yard, except as provided in this chapter.
C.
Unless otherwise specified in this chapter, accessory
buildings or structures less than 750 square feet in floor area may
be placed or erected within the side and rear building setback lines
but shall be no closer than five feet to the side or rear lot lines.
D.
Accessory dwellings shall be located on a premises
only as specifically provided in this chapter. Accessory dwellings
shall be located within the building envelope and comply with all
additional setback requirements.
A.
Fences and walls do not require a zoning certificate
and/or building permit.
B.
Fences and walls are not subject to setback requirements
from adjoining lots.
[Amended 8-12-2014 by Ord. No. 2014-1]
C.
A fence or wall not more than five feet in height
may project into or enclose any required front yard. A fence or wall
not more than eight feet in height project into or enclose any required
side or rear yard.
A.
Accessory dwelling units shall be limited to one accessory
dwelling unit per lot.
B.
Accessory dwelling units shall be located within the
principal dwelling or in an accessory structure. The total habitable
area of the accessory dwelling shall be at least 400 square feet and
shall not exceed 1,000 square feet. In addition, the total area of
the accessory dwelling shall not be larger than 50% of the total area
of the principal dwelling.
C.
Mobile homes shall not be permitted as accessory dwelling units under this section, but may be permitted only in accordance with regulations in Article VIII, Mobile Homes.
D.
Accessory dwelling units shall be located in a side
or rear yard and no closer to the front lot line than the principal
dwelling.
E.
Accessory dwelling units shall be located not more
than 100 feet from the principal dwelling if located in a detached
accessory structure.
F.
Accessory dwelling units shall be located within the
building envelope and comply with all additional setback requirements.
G.
Accessory dwelling units shall appear subordinate
to the principal dwelling and shall not substantially detract from
the single-family residential characteristics of the property by size,
location, design or appearance.
H.
Either the principal dwelling or the accessory dwelling
shall be the residence of the property owner.
I.
Accessory dwelling units shall not have separate water
and sewerage facilities from the principal dwelling.
J.
A site plan and architectural drawing for the accessory
dwelling shall be submitted with the application.
K.
An existing building may be converted to contain or
become an accessory dwelling unit only if the existing building is
at least five years old.
L.
Adequate parking for the accessory dwelling and all
other uses of the property shall be provided.
M.
The principal and accessory dwellings shall remain
in common ownership and shall not be subdivided from each other.
N.
Accessory dwelling units shall be permitted if no
property owner whose property line is within 500 feet of the applicant's
property line objects in writing within 30 days of receiving notice.
The Zoning Administrator shall send the notices by certified mail,
return receipt requested. The notices shall be directed to the names
and addresses as shown on the current real property tax records for
Caroline County.
(1)
If an objection is received, the applicant may apply
to the Board of Zoning Appeals for a special use exception within
six months of the end of the objection period.
(2)
If no objections are received, then the applicant
must obtain a zoning certificate and/or building permit within one
year of the end of the objection period.
A.
Permitted. Small wind-energy systems shall be permitted in all zoning districts subject to the conditions set forth in this § 175-84.
B.
Limit. Only one small wind-energy system shall be permitted on a
lot or parcel; provided, however, that lots or parcels on which an
agricultural or business operation is otherwise permitted (other than
home occupation businesses) may have up to two small wind-energy systems.
C.
Setbacks. All small wind-energy systems shall be set back a minimum
distance equal to total height plus 10% of the total height from:
(1)
Any state, County, or municipal right-of-way, or nearest edge of
a state, County, or municipal roadway, whichever is closer to the
wind tower;
(2)
Any right of ingress or egress of another on the small wind-energy
system owner's property;
(3)
Any overhead utility lines;
(4)
All property lines;
(5)
Any existing guy wire, anchor, or wind tower on the property; and
(6)
Any structure used for occupancy, whether transient or otherwise,
other than occupancy by the small wind-energy system property owner
and such person's family.
(7)
Exception: Building-supported small wind-energy systems shall comply
with the same setback requirements as the structure upon or by which
such systems are placed or supported. Any supporting structures for
a building supported small wind-energy system shall be placed not
more than five feet from the structure.
E.
Electrical wires. All electrical wires associated with a small wind-energy
system, other than 1) wires necessary to connect the wind generator
to the wind tower wiring, 2) wind tower wiring to a disconnect junction
box; and 3) grounding wires shall be located underground.
F.
Lighting. A wind tower and a wind generator shall not be artificially
lighted unless such lighting is required by the Federal Aviation Administration
(FAA). Lighting of other parts of a small wind-energy system, such
as appurtenant structures, shall be limited to that required for safety
purposes and shall be shielded from neighboring properties.
G.
Appearance, color, and finish. The wind generator and the wind tower shall be painted or treated with or in a nonreflective, nonobtrusive color, such as a manufacturer's default color option or a color that conforms to the environment and architecture of the surrounding area (unless otherwise required by the FAA). Color shall be approved by the Director of the Department of Planning and Codes. A small wind-energy system owner may appeal the denial of a requested color to the Board of Zoning Appeals in accordance with this Chapter 175.
[Amended 8-12-2014 by Ord. No. 2014-1]
H.
Signage. All signage, other than the manufacturer's or installer's
label and appropriate warning signs, visible from any public road
or adjoining property is prohibited. No advertising shall be allowed
on any small wind-energy system.
I.
Code compliance. All small wind-energy systems shall comply with
all applicable provisions of the County's Building and Electrical
Codes. Notwithstanding any other provision of the Code of Public Local
Laws of Caroline County, Maryland, to the contrary, wind generator
blade tips shall at no time be closer to the ground than 15 feet.
All small wind-energy systems shall be constructed, assembled, mounted,
affixed or otherwise placed in accordance with manufacturer's recommended
standards or practices and in compliance with all codes. To the extent
that a manufacturer's recommended standards or practices differ from
any applicable Code provision, the more strict provision shall apply.
J.
Public service commission compliance. All small wind-energy systems shall comply with all requirements of the laws of Maryland and Maryland Public Service Commission rules and regulations. Any person seeking to construct a small wind-energy system shall apply to the Maryland Public Service Commission, in addition to applying for any County permit pursuant to this Chapter 175. Utilities to which a small wind-energy system is to be connected shall be notified in accordance with applicable rules, regulations, and tariffs.
K.
Separation. Except as provided for building-supported small wind-energy
systems, small wind-energy systems shall not be attached to any other
building or structure, including guy wires.
L.
Permits. Any person desiring to erect, operate, or maintain a small wind-energy system shall apply for a permit from the Department, and shall submit with such application all material, drawings, specifications, and other information required or requested by the Director of the Department for the purpose of determining compliance with this Chapter 175. Fees for small wind-energy systems shall be determined by the County Commissioners from time to time by resolution.
M.
Variances. Variances to the provisions of this § 175-84, including setback distances, shall not be permitted.
N.
Noise. Small wind-energy systems shall comply with all County laws,
ordinances, rules, and regulations regarding noise. If no County standards
or restrictions are otherwise in effect, noise levels shall not exceed
55 dBA when measured at the property line of any property containing
an occupied structure (excluding temporary excessive noise levels
due to temporary utility outages and severe thunderstorms).
O.
A violation of any provision of this § 175-84 shall be a Class A civil infraction under Chapter 92 of the Code of Public Local Laws of Caroline County, Maryland, and shall subject the small wind-energy system owner and the owner of the property on which the small wind-energy system is located to a civil penalty of $500 for the first offense and $1,000 for subsequent violations.
P.
Abandonment.
(1)
A small wind-energy system that is out-of-service, or not otherwise
used, for a continuous period of 12 months shall be deemed to have
been abandoned. The Director shall issue a notice of abandonment to
the small wind-energy system owner, who shall then have 30 days to
respond to the Director and to provide any information regarding the
causes for nonoperation and any remedial or corrective action planned
or being undertaken, which actions shall be undertaken and completed
in a reasonable time, not to exceed 60 days. If such information is
provided and remedial or corrective action is taken, the Director
shall withdraw the notice.
(2)
If a small wind-energy system is determined by the Director to be
abandoned, the small wind-energy system owner shall remove the wind
generator and the wind tower at such owner's expense within 90 days
of the notice or, if later, within 60 days of the termination of any
period for remedial or correction action or the failure of such actions.
If the small energy system owner shall fail to do so, the County may
cause the wind generator and the wind tower to be removed at such
owner's expense. The County shall have to right to pursue all legal
means of collection of any sums expended, and such sums shall constitute
a lien against the property on which the small wind-energy system
was located, enforceable and collectible as property taxes.
[Added 6-28-2016 by Ord.
No. 2016-1]
B.
Limit. Accessory ground-mounted solar panels shall be limited to
producing approximately the annual average electricity needed to support
the property. Where a property owner owns multiple parcels, the electricity
produced in support of the property may include all parcels (e.g.,
multiple properties used for agricultural production where one farmer
owns or leases multiple parcels, lots, or tracts of land). Supporting
documentation shall be provided.
C.
Site plans. A site plan drawn to scale shall be provided identifying
the square footage of panels to be installed, the proposed location
and spacing of solar panels, and properties/structures to be served.
