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.
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.
[Added 7-14-2020 by Ord. No. 244]
In any district in which they are authorized, a community solar energy generating system (CSEGS), as defined in § 250-125, shall be subject to the following:
A. 
Shall not be permitted on lots in zones that allow for lot sizes equal to or less than the minimum for that of the R-10,000 zoning.
B. 
The area proposed in the application for locating and maintaining the CSEGS must be a minimum of twice the minimum lot size for that of the underlying zone.
C. 
All applications proposing a CSEGS use must be submitted to Planning and Zoning for review and approval.
D. 
The height for ground-mounted solar systems shall be subject to site plan review and be appropriate for the underlying zone.
E. 
Setbacks to the structure and all associated equipment shall be a minimum of twice the normal setbacks from the boundaries of all adjoining properties as that of the underlying zone. Fencing and site access shall be determined by the Planning and Zoning Commission.
F. 
All environmental setbacks must be considered in locating the system on a lot.
G. 
All systems must meet all applicable construction and electrical codes.
H. 
All systems shall comply with all utility notification requirements.
I. 
A copy of the signed certificate of completion from the utility company shall be provided within six months of building permit sign-off and prior to commercial operation of the facility. Upon written request by the applicant, the Zoning Administrator may approve up to two six-month extensions. Approval for additional time to comply shall require Planning Board approval.
J. 
The color of all equipment must remain as it was originally provided by the manufacturer, Normal fading is acceptable, but no significant changes can occur.
K. 
No signs other than the manufacturer's, installer's, or operator's identification, and/or appropriate warning signs, may be on the system.
L. 
An enhanced landscaping plan, requiring twice the normal plantings, shall be required.
M. 
A plan, including financial surety, for decommissioning the system shall be required.
N. 
Within one year of the date of site plan approval, the applicant must submit proof of acceptance of the proposed facility by the Public Service Commission of Maryland and/or by the local electric provider. Upon written request by the applicant, the Zoning Administrator may approve up to two six-month extensions. Approval for additional time to comply shall require Planning Board approval.
O. 
A CSEGS must utilize virtual net energy metering to supply customers with electricity supplied from solar energy.
P. 
A CSEGS must rely on a collection or array of photovoltaic solar panels to capture solar energy for conversion into electricity.
[1]
Editor’s Note: Former § 250-8, Site plans, added 1-8-1985 by Ord. No. 34, was repealed 8-13-2013 by Ord. No. 214.
[Added 9-12-2023 by Ord. No. 258]
A. 
Cannabis businesses and hemp businesses that sell, dispense, otherwise distribute, store, extract, or otherwise process cannabis or hemp for medicinal or recreational use shall only be permitted as a conditional use granted by the Board of Appeals in the Business General (B-G) District subject to the restrictions set forth in this section, and are prohibited in all other zoning districts in the Town.
B. 
The sale, dispensing, distribution, storage, extraction or processing of cannabis or hemp, or products containing cannabis or hemp to include edibles, is strictly prohibited in the Town, except:
(1) 
If properly licensed under applicable state, county and local law.
(2) 
If approved as a conditional use in the Business General (B-G) District by the Town Board of Appeals.
(3) 
With respect to cannabis, as a gift with an adult 21 years or older in an amount that does not exceed the quantities permitted for personal use pursuant to the Cannabis Reform Bill, § 36-401 of the Alcoholic Beverages Article of the Maryland Code. However, gifts of cannabis or cannabis-containing products from any business accompanying a purchase of the business' products and/or services is prohibited.
(4) 
In compliance with the Maryland and/or the Town Code.
C. 
Businesses that engage in a primary use other than the sale, dispensing, distribution, storage, extraction, or processing of cannabis or hemp, or products containing cannabis or hemp, may not sell, dispense, serve, distribute, store, extract or process cannabis or hemp as an incidental or accessory use, without obtaining approval of a conditional use by the Town Board of Appeals and if located in the Business General (B-G) District.
D. 
Consumption of cannabis is prohibited in all public places owned by the Town of Manchester.
E. 
The possession of cannabis within the Town is prohibited, except the possession of cannabis for personal use in the quantities authorized by the Cannabis Reform Bill, § 36-401 of the Alcoholic Beverages Article of the Maryland Code.
F. 
Except as lawful pursuant to the Criminal Law Article of the Maryland Code, § 5-601.2, growing or cultivating cannabis or hemp by any means including in soil or by means of hydroponics, and the sale or distribution of products, equipment, or supplies for growing cannabis or hemp, in the Town is strictly prohibited.
(1) 
The Criminal Law Article of the Maryland Code, § 5-601.2, regarding the cultivation of cannabis plants shall likewise be fully enforced by the Manchester Police Department, including the following restrictions:
(a) 
Cultivation is not permitted in public areas or areas subject to public view.
(b) 
Cultivation is permitted only on one's own property or on property of another with consent from the person in lawful possession of that property.
(c) 
Cultivation of more than two cannabis plants is prohibited.
(d) 
Only two plants are allowed in a home with two or more persons over the age of 21 without a medical card. With a medical card held by one or more of the persons over 21 in the household, only four cannabis plants are permitted.
(e) 
Reasonable precautions must be taken to ensure that those under 21 cannot access the cannabis plants.
G. 
The granting of a conditional use to a cannabis business or hemp business to sell, dispense, otherwise distribute, store, extract or otherwise process product for medical purposes does not authorize the business to sell, dispense, otherwise distribute, store, extract or otherwise process product for recreational purposes, for which a separate conditional use must be granted by the Board of Appeals. The granting of a special exception to a cannabis business or hemp business to sell, dispense, otherwise distribute, store, extract or otherwise process product for recreational purposes does not authorize the business to sell, dispense, otherwise distribute, store, extract or otherwise process product for medicinal purposes, for which a separate conditional use must be granted by the Board of Appeals.
H. 
On-site consumption establishments are prohibited in the Town.
I. 
Cannabis businesses and hemp businesses that sell, dispense, otherwise distribute, store, extract or otherwise process cannabis are subject to the following:
(1) 
Any and all applicable provisions, restrictions, licensing requirements or conditions of the Town, county or Maryland Code, or other applicable laws.
(2) 
Control and mitigation systems shall be incorporated to restrict and mitigate odors so that, at a minimum, odors from product shall not be detected beyond the indoor areas to the buildings or improvements. Such control and mitigation systems may include building pressure, exhaust, and deodorizing systems, carbon filtration, dehumidification, fogging, and if practical the proper sealing of rooms storing or containing product within the business. The Town may require blower door testing as a condition to the issuance of a use and occupancy permit.
(3) 
A cannabis business or hemp business may not be located within a 1,000-foot radius of a preexisting primary or secondary school, or a licensed child-care center or registered family child-care home, martial arts or dance studio, a playground, recreation center, library, pediatric medical office, church or other house of worship, veterinary clinics, service organizations, cemeteries, any public park, or any government office or property. The 1,000-foot buffer distance shall be measured as the shortest straight-line distance from the property line of the proposed cannabis business or hemp business location to the property line of any of the locations listed above.
(4) 
A cannabis business or hemp business may not be located within a 1,000-foot radius of another cannabis business or hemp business. The 1,000-foot buffer distance shall be measured as the shortest straight-line distance from the property line of the proposed cannabis business or hemp business location to the property line of the other closest cannabis business or hemp business.
[1]
Editor’s Note: Former § 250-9, Site plan appeals; lapse of approval, added 1-8-1985 by Ord. No. 34, was repealed 8-13-2013 by Ord. No. 214.
A. 
Any building, structure or premises lawfully existing at the time of the adoption of this chapter or lawfully existing at the time this chapter is subsequently amended may continue to be used even though such building, structure or premises does not conform to use or dimensional regulations of the zoning district in which it is located; subject, however, to the provisions in the following subsections.
B. 
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 shall be made to conform to the requirements of the zoning district in which it is located; however, upon application, 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 this chapter, subject to the provisions of Article XVII, § 250-112.
C. 
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. In the case of a nonconforming junkyard operation, the Board may, based on specific findings of fact, decide upon an application filed by the landowner as to whether a relocation of a nonconforming junkyard operation, either in whole or in part, to another location on the immediate property or to a location on an adjoining property, constitutes a suitable substitution of use which has substantially less adverse impact on the general public and adjoining or confronting property. In granting any such relocation as herein provided, the Board shall attach such conditions or requirements as it may deem necessary to protect the public interest, the adjoining and confronting property owners and the intent and purpose of this chapter.
D. 
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.
E. 
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.
F. 
Where an existing single- or two-family dwelling is classified as a nonconforming use because of dimensional regulations of the zoning district in which it is located, the Zoning Administrator may approve the structural alteration or enlargement of such a dwelling if the structural alteration or enlargement will not project further into a substandard yard than the existing dwelling, provided that such structural alteration or enlargement will not alter the existing use of the dwelling, and subject to written confirmation from the appropriate agencies to the Zoning Administrator that the structural alteration or enlargement will not conflict with future construction on a state or county road.
G. 
Nothing in this chapter shall prevent the restoration of a nonconforming building or structure destroyed by fire, windstorm, flood, explosion or act of public enemy or accident, or prevent the continuance of the use thereof as it existed at the time of such destruction, provided that a zoning certificate is obtained and restoration begun within one year of such destruction.
Any existing or proposed use which is determined to be in conflict with any existing ordinance or laws of the Town of Manchester, Carroll County, or law or 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.
Except for compliance with yard requirements and distance requirements set forth in § 250-19, nothing in this chapter shall prohibit the use of land for agricultural purposes, as defined in § 250-125, 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, unless specifically prohibited by ordinance of the Town of Manchester.
[Added 2-25-1998 by Ord. No. 111]
In any district in which they are authorized, a bed-and-breakfast, as defined in § 250-125 shall be subject to the following:
A. 
The primary use of the structure and property shall be residential.
B. 
Individual bed-and-breakfast units shall not contain cooking facilities.
C. 
Interior residential features shall be retained in a manner which allows reconversion to a residential use.
D. 
The dwelling shall be owner-occupied or managed.
E. 
Parking shall be provided on site. In addition to any requirements otherwise contained in § 250-77, one parking space shall be provided for each room that is available to be rented.
F. 
The use of the property as a bed-and-breakfast shall be shown by the owner not be detrimental to the neighborhood.
G. 
No residential structure shall be removed in order to allow for a bed-and-breakfast use or removed for parking for such a use.
H. 
Meals shall be served only to customers who are actually using the bed-and-breakfast accommodations overnight, nonpaying residents, or their bona fide guests.
I. 
The maximum stay for each customer using the bed-and-breakfast accommodations shall be 14 days, and a guest book shall be maintained by the owner which accurately identifies all customers for each night's lodging.
J. 
A bed-and-breakfast shall not have any sign or other evidence of its use except one sign not exceeding two feet by three feet in area, which may be double-faced and illuminated.
K. 
Other than an authorized sign, the bed-and-breakfast use shall be shown to be compatible with the neighborhood and shall be maintained and landscaped to eliminate outward signs of transient use.
L. 
A bed-and-breakfast must comply with all applicable Health Department regulations.
M. 
The maximum number of rooms for guests shall be 10.
[Added 8-13-2013 by Ord. No. 214]
[Added 2-25-1998 by Ord. No. 111]
In any district in which they are authorized, country inns, as defined in § 250-125, shall be subject to the following:
A. 
Individual rooms which are rented by paying occupants shall not contain cooking facilities.
B. 
Unless owner-occupied, the manager must reside on the premises.
C. 
No more than two guest rooms shall be served by one bathroom.
D. 
Parking shall be provided on site. In addition to any requirements otherwise contained in § 250-77, one parking space shall be provided for each room that is available to be rented.
E. 
The use of the property as a country inn shall be shown by the owner not be detrimental to the neighborhood.
F. 
Meals shall be served only to customers who are actually using the country inn accommodations overnight, nonpaying residents, or their bona fide guests. In addition to providing meals as allowed hereunder, the Board may authorize a country inn to provide facilities and catering for banquets, weddings, receptions, reunions and similar one-day events. These events shall not be open to the public.
G. 
The maximum stay for any customers using the country inn accommodations shall be 14 days, and a guest book shall be maintained by the owner which accurately identifies each customer for each night's lodging.
H. 
A country inn shall not be authorized on any lot of less than three acres.
I. 
A country inn shall not have a sign in excess of two feet by three feet in area, which may be double-faced and illuminated.
[Amended 8-13-2013 by Ord. No. 214]
Any lot which was a buildable lot under the terms or regulations in effect at the time of the adoption of this chapter or at the time this chapter was subsequently amended and which was established or recorded at that time shall be deemed a buildable lot, subject to the provisions of § 250-91.
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.
In an area where a major road plan has been duly adopted in accordance with Article 66B of the Annotated Code of Maryland, as amended, 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 the Maryland State Highway Administration, the Carroll County Roads Department, the Mayor and Council of Manchester 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 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, and that, 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.
Essential services or essential utility equipment, as defined and enumerated in § 250-125, shall be permitted in any district, as authorized and regulated by law and ordinances of Manchester, it being the intention hereof to exempt such essential services or essential utility equipment from the application of this chapter.
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 residential subdivision or any lot occupied by a dwelling, school, church or institution for human care not located on the same lot as the said use or building.
Unless approved by the Board, all ponds, lakes and stabilization lagoons shall be located a minimum of 200 feet from the center line of any public road, except roads having a legally established right-of-way width in excess of 60 feet (in the vicinity of said proposed pond), in which case the two-hundred-foot minimum shall be measured from the public road right-of-way.
In any district on 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.
A. 
Each front yard (setback) shall be measured at right angles or radially from the nearest street right-of-way line (front property line) where the right-of-way of any existing street is 50 feet in width in the case of a local or minor-type street or 60 feet in width in the case of any designated Town collector or major street. Where the respective right-of-way widths of the above streets are less or where there may be doubt as to the width of the right-of-way, then the minimum front yard depth or setback line shall be determined by adding the distances specified below to the minimum front yard requirement and measuring from the center line of the type of road involved:
(1) 
All local or minor streets, add 25 feet.
(2) 
Town collector or major streets, add 30 feet.
B. 
In any district where a lot abuts a state highway, the minimum front yard otherwise required for any building, where less than 100 feet, shall be increased by an amount specified by the Maryland State Highway Administration as would reflect and allow for future official widening and right-of-way lines, if applicable, and which are either shown on official plans or detailed, in writing, by the Administration.
[Amended 8-13-2013 by Ord. No. 214]
A trailer may be located as a temporary office or storage use in any district as an accessory use in connection with public works, public utility projects, or other similar nonpublic construction projects, all of which are of a temporary nature, provided a definite completion date is furnished and on condition that such trailer shall be removed upon completion or discontinuance of construction. Storage modules can be placed as a temporary use within any district, provided that a definite date is furnished for removal, for no longer than three months unless an extension in writing is granted by the Zoning Administrator. A zoning certificate is required for all such temporary structures.
In case of fire or other disaster, one mobile home may be permitted on the same premises without Board approval for living purposes, as a temporary use in any district as a supplementary residence; however, if such temporary use exceeds three months, the Board shall consider and may approve any additional extension up to a period not to exceed one year from the date on which such use was established.
[Added 2-25-1998 by Ord. No. 111]
In any district in which they are authorized, private stables, as defined in § 250-125, shall be subject to the following:
A. 
The minimum lot size for a private stable shall be no less than three acres.
B. 
Location shall be at least 200 feet from a dwelling on an adjoining lot or at least 150 feet from a lot line on an unimproved lot.
C. 
An in-fee strip or portion of a panhandle or flag lot abutting or next adjacent to the lot or tract in question shall not be considered the adjoining lot or tract of land in determining space requirements.
[Added 8-14-2007 by Ord. No. 179; amended 9-13-2011 by Ord. No. 203]
The following regulations apply to any accessory building, use or structure within the Town, irrespective of zoning district:
A. 
Location. All accessory buildings and structures shall be located behind the front building line of the principal building. No detached accessory building or structure shall be located closer than six feet to any principal building unless it exists fully in the rear of the building and does not exist outside of the footprint of the principal dwelling. All accessory buildings or structures shall be located a minimum of five feet inside rear and side property lines unless otherwise noted in regulations.
B. 
Easements. No accessory building or structure, except for utility panels or boxes, shall be erected in any easement areas. All accessory buildings or structures shall be a minimum of one foot off easements.
C. 
Height. Any accessory building or structure shall not exceed one story or 10 feet in height, or a maximum of 15 feet with roof. Accessory buildings and structures may not exceed the height of any principal building.
D. 
Area. In the R-40,000, R-20,000 and R-15,000 residential districts, the maximum total area of all accessory buildings or structures on any lot shall not exceed 50% of the perimeter area of the structure and shall not cover more than 50% of the rear yard. In the R-10,000 and R-7,500 residential districts and the BL Business Local district the maximum total area of all accessory buildings or structures shall not cover more than 75% of the rear yard. The maximum size of any one structure shall not exceed 1,000 square feet. The maximum total area of all accessory buildings or structures shall not exceed 1,500 square feet.
E. 
Prohibitions. No accessory building may be used for human habitation. Except for a pool house, no accessory building or structure in a residential single-family district shall contain full bathroom facilities. "Full bathroom facilities" shall mean provision of a sink, toilet, and bathtub or shower.
F. 
Accessory uses.
(1) 
Garage, attached. An attached garage shall meet the setbacks for a principal building in any zoning district. An attached garage may not be placed in a septic replacement area. Attached garages will be counted in the total square foot area of the principal building.
(2) 
Garage, detached. A detached garage shall be located in the rear yard no closer than five feet to the side lot line and no closer than five feet to the rear lot line, unless there is an easement along the property side lot line or rear lot line, and then the garage must be a minimum of one foot from the easement. When a garage is facing a road or street, the setback for garage doors facing the road or street must be at least 20 feet to provide a parking space. A detached garage may not be placed in a septic replacement area. Detached garages will be counted in the total square footage of accessory buildings or structures.
(3) 
Carport. An attached carport shall be treated as a deck consistent with § 250-93 of the Town of Manchester Code, to wit, a carport may extend 25% into a side or rear yard setback. If a carport extends into any required setback, such carport must remain open on three sides. A detached carport shall be treated as a detached garage. Detached carports will be counted in the total square foot area for accessory buildings.
(4) 
Fences, trees, planted barriers (plants, bushes, shrubs, etc.). Fences must not enclose utilities. Fences must be located a minimum of 10 feet from any sidewalk; if no sidewalk, then a minimum of 10 feet from the road surface; and follow regulations as they pertain to visibility across corner lots detailed in § 250-21. Fences require a zoning certificate from the Town of Manchester. Hedges or other planted barriers cannot exceed three feet in height and/or obstruct traffic visibility.
[Amended 8-13-2013 by Ord. No. 214]
(a) 
Privacy fences. Privacy fences must be located in the rear yard behind the front building and may not exceed six feet in height. Posts shall be generally spaced six to eight feet apart and may extend above the height of the fence up to four inches, including caps or other architectural treatments. The Town recommends the fence be placed away from the property line so maintenance can be performed from both sides of the fence. A privacy fence shall be constructed of standard dimensional lumber, vinyl or synthetic lumber. The Planning and Zoning Commission must approve chain-link, wire or plastic fences.
(b) 
Decorative fences. Decorative fences may be located in any yard or setback area. Decorative fences located outside of the rear yard cannot exceed three feet in height, and must not interfere with visibility. Decorative fences shall be constructed of stone, standard dimensional lumber, synthetic lumber, wrought iron or aluminum.
(5) 
Storage sheds. All storage sheds require a zoning certificate from the Town of Manchester. Storage sheds in excess of 150 square feet also require a building permit. All storage sheds are required to be in the rear yard no closer than two feet to the side lot line and to the rear lot line, unless there is an easement along the property side lot line or rear lot line then the shed must be a minimum of one foot from the easement. Sheds may be located in the side yard, provided they adhere to all minimum front and side yard requirements. Sheds will be counted in the total square footage of accessory buildings or structures.
[Amended 8-13-2013 by Ord. No. 214]
(6) 
Swimming pools. A private swimming pool may be located only in the rear yard. The pool, decking (wood, vinyl, concrete, etc.), pool filter and pump must be a minimum of 10 feet from any side or rear property line. In the case of a corner lot or multiple frontage lot, the pool must at a minimum meet the required front yard setbacks. A private swimming pool may not be placed in a septic area. Aboveground pools and any decking will be counted in the total square footage of accessory buildings and structures. In-ground pools will not count toward total square footage of accessory buildings or structures.
[Amended 8-13-2013 by Ord. No. 214]
(7) 
Greenhouse or gazebo. A freestanding greenhouse or gazebo may be located only in the rear yard and must be a minimum of two feet from the side lot line and the rear lot line, unless there is an easement along the property side lot line or rear lot line, and then the greenhouse or gazebo must be a minimum of one foot off the easement. Greenhouses and gazebos will be counted in the total square footage of accessory buildings or structures.
[Amended 8-13-2013 by Ord. No. 214]
(8) 
Permanent ball courts. Ball courts will be reviewed on a case-by-case basis by the Zoning Administrator.
(9) 
Decks. Any decking not attached to the principal residence will be counted in total square footage of accessory buildings and structures (i.e., hot tub deck).
(10) 
Alternative energy devices. Alternative energy devices (i.e., windmills, solar panels, etc.) will be considered on a case-by-case basis by the Planning and Zoning Commission. The Commission may use Carroll County guidelines for these devices.
(11) 
Wireless facilities.
[Added 12-8-2020 by Ord. No. 246]
(a) 
Purpose. The purpose of this article 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. The goals of this article are to:
[1] 
Provide standards, technical criteria and details for small cell wireless facilities, wireless support structures and other utilities in the Town 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) 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ANTENNA
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 antennas, antennas designed for amateur radio use, or satellite dishes for residential or household purposes.
CO-LOCATE
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.
COMMUNICATIONS SERVICE
Collectively, the equipment at a fixed location or locations that enables communications services, including i) radio transceivers, antennas, 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.
FACILITY
Wireless transmitting and/or receiving equipment, including any associated electronics and electronics shelter or cabinet and generator.
MICRO-WIRELESS FACILITY
A 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.
OMNI-DOME ANTENNA
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.
PANEL ANTENNA
A type of directional antenna, sending and receiving signals from only one direction, consisting of a dipole placed ahead of a flat-panel reflector.
PROVIDER
A communications service provider or a wireless services provider and includes any person that owns and/or operates any communications facilities, wireless facilities, or poles built for the sole or primary purpose of supporting communications facilities within the Town.
PUBLIC RIGHT-OF-WAY or PUBLIC ROW
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.
SMALL WIRELESS FACILITY
A wireless facility that meets the following criteria:
[1] 
The structure on which antenna facilities are mounted:
[a] 
Is 30 feet or less in height, including existing antennas; or
[b] 
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 radio-frequency radiation in excess of applicable safety standards under federal law.
SUPPORT STRUCTURE
A structure other than a pole or a tower to which a wireless facility is attached at the time of the application.
UTILITY POLE
A tall pole, usually constructed of wood, used to carry telephone wires, electrical wires and other utility lines above the ground.
WIRELESS FACILITY
The equipment at a fixed location or locations in the Town 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. The following areas are permitted for placement of wireless facilities:
[1] 
Public parks owned by the Town and approved by the Town Planning and Zoning Commission, subject to the following:
[a] 
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 Planning and Zoning Commission.
[b] 
No small cell facility/wireless facility and/or support structure shall be attached or supported by any park equipment, facilities, or structures.
[c] 
Any proposed location for a small cell facility/wireless facility and/or support structure within a public park must be approved and is subject to relocation within the park by the Town Planning and Zoning Commission:
[i] 
In consideration of neighboring park facilities or equipment, including other small cell facilities/wireless facilities and/or support structures within the same park
[ii] 
In consideration of the location of residences, buildings and structures, including other small cell facilities/wireless facilities and/or support structures, on adjoining property.
[iii] 
In consideration of noise that the new proposed small cell facilities/wireless facilities and/or support structures make individually and collectively with other surrounding similar facilities.
[iv] 
If the relocation of such would not impose burdensome technical limits or other unreasonable burdens or expense on the operator.
[d] 
The Planning and Zoning Commission may, in its discretion, limit the number of small cell facilities/wireless facilities and/or support structures within a particular public park, in consideration of:
[i] 
Aesthetics.
[ii] 
Interference with the other similar communications facilities and structures.
[iii] 
Noise that existing and new proposed small cell facilities/wireless facilities and/or support structures make individually and collectively.
[iv] 
Residences, buildings and structures, including other small cell facilities/wireless facilities and/or support structures, on adjoining property.
[v] 
Whether denial of additional location of such facilities within the park would materially inhibit the provision of wireless services by the operator.
[2] 
In the discretion of the Town Planning and Zoning Commission, a new small cell facility/wireless facility and/or support structure may be located within other areas of the Town:
[a] 
If the operator demonstrates that the denial of any proposed location outside a public park would materially inhibit provision of wireless services by the operator.
[b] 
In consideration of whether the proposed new small cell facilities/wireless facilities and/or support structures can be screened, enclosed or otherwise blended with or could 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. If trees, bushes, rocks, and other forms of landscaping are to be used for screening, such landscaping must match the predominant landscaping form and species within one block of the facilities. All required screening shall be at the reasonable discretion of the Town Planning and Zoning Commission.
[c] 
In consideration of whether the proposed new small cell facility/wireless facility and/or support structure proposes a co-location, as opposed to an entirely new location, support structure, or utility poles.
[d] 
In consideration of noise that the new proposed small cell facilities/wireless facilities and/or support structures make individually and collectively with other surrounding similar facilities.
[e] 
As applicable and/or unless waived or modified by the Town Planning and Zoning Commission for good cause, so long as the proposed new small cell facility/wireless facility and/or support structure:
[i] 
If proposed for location on property or a right-of-way not owned by the Town, is authorized, in writing, by the owner of said property or right-of-way in a lease or other similar agreement as set forth below, or is otherwise proposed to be located on property or within a public right-of-way owned by the Town.
[ii] 
Does not significantly create a new obstruction to property sight lines.
[iii] 
Is in alignment with existing trees, utility poles, and streetlights.
[iv] 
Is equal distance between trees when possible, with a minimum of 15 feet separation such that no proposed disturbance shall occur within the critical root zone of any tree.
[v] 
Will maintain appropriate clearance from existing utilities.
[vi] 
Is located at least 10 feet away from the triangle extension of a driveway flare.
[vii] 
Is no closer than 250 feet, radially, to another freestanding small cell.
[viii] 
Proposes that 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.
[ix] 
Proposes that new overhead wiring to accommodate the antennas will not be permitted.
[x] 
All new small wireless facilities within the Main Street area must be located no closer than one-half block off of Main Street.
[xi] 
Proposed elements of pole(s) shall be aesthetically matching and consistent with the character and height of adjacent poles and streetlights and approved and agreed to by the Town.
[xii] 
The requirements and findings are met with respect to the location of the proposed small cell facility/wireless facility and/or support structure to be located on Town streets, sidewalks, or other public right-of-way as set forth in Subsection F(11)(e) below.
[f] 
The Planning and Zoning Commission may in its discretion propose an alternate suitable location for a wireless facility.
(d) 
Application for a permit.
[1] 
The installation of wireless facilities and support structures in a public right-of-way or property owned by the Town 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 park, property, 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, 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 article, 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, and the proposed locations thereof;
[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;
[f] 
If applicable, an executed agreement with the Town;
[g] 
In the case of a proposed location on property or rights-of-way not owned by the Town, an executed agreement between the provider and the owner of the property or right-of-way;
[h] 
A certification from an engineer that the proposed new small cell facility/wireless facility and/or support structure will not interfere with the use, operation, maintenance and repair of existing similar facilities, and will not otherwise interfere with the use, operation, maintenance or repair of Town-owned equipment, facilities, or structures to which the proposed new small cell facility/wireless facility and/or support structure is to be attached or is to be installed in proximity;
[i] 
A certification from an engineer as to the noise that the proposed new small cell facility/wireless facility and/or support structure will make individually and collectively with other similar facilities that surround it;
[j] 
Such other information as the Town 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 Planning and Zoning Commission 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] 
In addition to the findings required for the location of small cell facilities/wireless facilities and/or support structure wireless facilities set forth above, the following requirements and findings apply to proposed small cell facilities/wireless facilities and/or support structures to be located on Town streets, sidewalks, or other public right-of-way:
[a] 
Absent a special finding by the Town, 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:
[i] 
Comply with all structural and safety standards specified by the Town and this chapter;
[ii] 
Not obstruct pedestrian or vehicular traffic flow or sight lines;
[iii] 
Not exceed the average height of the existing streetlight poles or utility poles within the area extending 1,000 feet in any direction of the proposed structure;
[iv] 
Be designed to accommodate the co-location of at least three different wireless providers' antennas and related equipment;
[v] 
If metal, be treated or painted with nonreflective paint, and in a way to conform to or blend into the surroundings; and
[vi] 
Comply with such other requirements and conditions as the Town 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 antennas no greater than two feet in height, and omni-dome antennas no more than four feet in height, and no wider than the sixteen-inch diameter;
[c] 
Have no more than three single panel antennas 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 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 100% 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 facilities and wireless support structures shall not be illuminated, except to meet state, federal or local requirements or unless illumination is integral to the camouflaging strategy such as design intended to look like a streetlight pole.
[c] 
Logos/decals. The operator shall remove or paint over unnecessary equipment manufacturer decals. Small wireless facilities 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 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, does not generate any noise. In the event a fan is needed, a low noise profile fan or a passive cooling system will be required.
(f) 
Exceptions.
[1] 
No Town permit shall be required under this article 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, property or public right-of-way where, in the judgment of the Town, 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] 
If the proposed facility is to be located on Town property or in a Town public right-of-way, the provider shall pay the Town a use fee as set forth in the Town's fee schedule. The use fee shall be due and payable within 30 days of execution of the 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 use agreement with the Town, the provider may remove its communications facilities or poles 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 or Town property. 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 use agreement with the Town, a performance bond or other form of surety acceptable to the Town in an amount equal to 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] 
The 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 the provider abandons permanent structures on Town property or in the Town's public 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, the provider must make application to the Town and receive approval for such removal. The provider must obtain a 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 Town's property or Town right-of-way.
[2] 
The Town may, at its option, allow a support structure to remain on Town property or 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] 
Failure to comply with any provision of this section is a municipal infraction, and the penalty shall be payable to the Town in the amount of $250 per day for each day the violation continues.
[2] 
In addition to the remedy in Subsection F(11)(i)[1] above, 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.
G. 
Variances. Any variance of this section up to but not greater than 10% can be granted by the Zoning Administrator with an in-office variance hearing. Any other variances to this section shall only be granted by the Manchester Board of Zoning Appeals unless otherwise stated.
[Amended 8-13-2013 by Ord. No. 214]