For the purpose of this chapter:
The height of the highest point on a building or other structure
as measured by the vertical distance from the highest point on the
structure to the horizontal projections of lowest existing, or pre-development,
elevation within the footprint of the foundation of each structure.
All commercial, multi-unit residential, governmental, and
educational occupancies that use a combination of building materials
that are purposely joined together on, above or below the surface
of the land or water including those that do not result in lot coverage.
[Added 3-26-2024 by Ord.
No. 07-24]
The Calvert County Department of Public Safety's Division
of Emergency Communications, Communications Chief.
The Board of County Commissioners of Calvert County, Maryland,
as owner and operator of the System.
The three-dimensional Fresnel zone or zones between transmitting
and receiving microwave antennas of the System, as mapped by the County's
Geographic Information Systems Service.
Shall have the meaning set forth in § 1-314(a)
of the Public Safety Article of the Maryland Annotated Code, as amended
from time to time, and means a system that:
[Added 3-26-2024 by Ord.
No. 06-24]
Shall have the meaning set forth in Section 1-101 of the
Public Safety Article of the Maryland Annotated Code, as amended from
time to time, and shall mean an individual, receiver, trustee, guardian,
personal representative, fiduciary, representative of any kind, partnership,
firm, association, corporation, or other entity.
[Added 3-26-2024 by Ord.
No. 06-24]
Any object, including a mobile object, subject to regulation
or permitting under the Calvert County Zoning Ordinance, the Calvert
County International Building Code, or the Calvert County International
Residential Code.
The Calvert County Mobile Radio System for Public Safety
and Emergency Communication.
Notwithstanding any provision to the contrary in law or regulation, or any other applicable zoning or building regulation, no application, whether by building permit or by zoning authorization such as land use permit, conditional use permit or variance, to erect a new structure that will be at least 80 feet in height above ground or to increase the height of an existing structure so that it will be at least 80 feet in height above ground, may be approved until and unless the requirements of this chapter have been met. For purposes of this section, the height of the building or structure shall be determined according to the definition of "building height" in this Chapter 95.
Immediately upon receiving any such application, the Department
of Planning and Zoning shall refer it to the Communications Chief
for his or her review.
Upon receiving a referral identified above, the Communications
Chief or designee, and others identified below, shall take the actions
set out herein.
A.
Preliminary finding of detrimental impact or no detrimental impact.
Within 10 days of referral, the Communications Chief shall make a
preliminary finding on whether there may be a detrimental impact upon
the system's microwave path or paths, and report that determination
to the Department of Planning and Zoning, with a copy to the developer,
owner, or agent who filed the application for the permit.
(1)
If the Communications Chief reports a preliminary finding of no detrimental
impact, that report shall release the Department of Planning and Zoning
to review the application and grant it if it meets the requirements
of the applicable laws, ordinances, resolutions, regulations, policies.
(2)
If the Communications Chief reports a preliminary finding of possible
detrimental impact, the Communications Chief shall require the applicant
to cause an engineering study to be prepared and sealed by a licensed
engineer and submitted to the Communications Chief to confirm whether
the structure will have a detrimental impact upon the system's
microwave path or paths and, if so, the extent of that impact.
B.
Final determination of detrimental impact or no detrimental impact.
If the Communications Chief reports a preliminary finding of possible
detrimental impact, the Communications Chief shall review engineering
study upon receipt, and any other relevant evidence available to the
Communications Chief and, as soon as practicable, make a finding of
whether a detrimental impact exists, and report that finding to the
Department of Planning and Zoning, with a copy to the developer, owner,
or agent who filed the application for the permit.
(1)
If the Communications Chief reports a finding of no detrimental impact,
that report shall release the Department of Planning and Zoning to
review the application and grant it if it meets the requirements of
the applicable laws, ordinances, resolutions, regulations, policies.
(2)
If the Communications Chief reports a finding of detrimental impact,
the Department of Planning and Zoning shall, in consultation with
the Communications Chief, work with the applicant to mitigate that
detrimental impact. To do so, the applicant may: (i) redesign and/or
relocate the structure to eliminate its detrimental impact; or (ii)
negotiate with the County to design, engineer, and install, using
a contractor approved by the County, any or all additional equipment
or modifications necessary to eliminate that detrimental impact. A
negotiated mitigation shall include posting of a performance guarantee
ensuring design, installation, maintenance, repair and replacement
of that equipment, along with all necessary easements for access to
and
