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Athol City Zoning Code

CHAPTER 15

WIRELESS COMMUNICATION FACILITIES

8-15-1: PURPOSE:

The purpose of this chapter is to provide for a wide range of locations and options for siting of wireless communication facilities by encouraging creative approaches for locating such facilities, which will blend them in with their surroundings and minimize the potential for adverse visual aesthetic impacts. (Ord. 263, 7-12-2005)

8-15-2: INTENT:

The performance standards and incentives set out in this chapter are established to ensure proper siting of wireless communication facilities in accordance with the public health, safety, and general welfare. (Ord. 263, 7-12-2005)

8-15-3: DEFINITIONS:

The following definitions shall apply to this chapter:
ACCESSORY ANTENNA DEVICE: An "antenna" including, but not limited to, test mobile antennas and global positioning system (GPS) antennas which are less than twelve inches (12") in height or width, excluding the "wireless communication support structure".
ANTENNA: Any system of poles, panels, rods, reflecting discs, or similar devices used for the transmission or reception of radio frequency signals.
ANTENNA, DIRECTIONAL: An "antenna" which transmits and receives radio frequency signals in a specific directional pattern of less than three hundred sixty degrees (360°) (also known as a "pane" antenna).
ANTENNA, OMNI-DIRECTIONAL: An "antenna" which transmits and receives radio frequency signals in a three hundred sixty degree (360o) radial pattern (also known as a "whip" antenna). For the purpose of this chapter, an "omni-directional antenna" shall be up to fifteen feet (15') in height and up to four inches (4") in diameter.
ANTENNA, PARABOLIC: A bowl shaped device for the reception and/or transmission of radio frequency communications signals in a specific directional pattern (also known as a "dish" antenna).
ATTACHED WIRELESS COMMUNICATION FACILITY: A "wireless communication facility" that is affixed to an existing structure and such existing structure shall not be considered a component of the "attached wireless communication facility".
COLLOCATION: When more than one wireless communication provider mounts "antenna" equipment on a single "wireless communication support structure" (i.e., a "monopole").
EQUIPMENT SHELTER OR CABINET: A room, cabinet, or building used to house accessory equipment for wireless communication services.
GUYED TOWER: A "wireless communication support structure" which consists of metal crossed strips or bars and is steadied by wire guys in a radial pattern around the tower. Guyed towers are used to support wireless communication "antennas" and "related connecting equipment", the height of which shall be equal to or less than one hundred fifty feet (150').
LATTICE TOWER: A "wireless communication support structure" which consists of metal crossed strips or bars to support wireless communication "antennas" and "related connecting equipment", the height of which is equal to or less than one hundred fifty feet (150').
MACROFACILITY: An "attached wireless communication facility" which consists of "antennas" equal to or less than fifteen feet (15') in height or up to four inches (4") in diameter or a "parabolic antenna" up to one meter (39.37 inches) in diameter and with an area not more than one hundred (100) square feet in the aggregate as viewed from any single point.
MICROFACILITY: An "attached wireless communication facility" which consists of "antennas" equal to or less than four feet (4') in height (except "omni-directional antennas" which may be up to 6 feet in height), and with an area of not more than five hundred eighty (580) square inches in the aggregate (e.g., a 1 foot diameter parabola or a 2 foot by 1.5 foot panel) as viewed from any single point. The permitted "antenna" height includes the "wireless communication support structure".
MINIFACILITY: An "attached wireless communication facility" which consists of "antennas" equal to or less than ten feet (10') in height or a "parabolic antenna" up to one meter (39.37 inches) in diameter and with an area not more than fifty (50) square feet in the aggregate as viewed from any single point.
MONOPOLE I: A "wireless communication support structure", the height of which shall not exceed sixty feet (60'), erected to support wireless communication "antennas" and "related connecting equipment".
MONOPOLE II: A "wireless communication support structure", the height of which is greater than sixty feet (60') and equal to or less than one hundred fifty feet (150'), erected to support wireless communication "antennas" and "related connecting equipment".
RELATED CONNECTING EQUIPMENT: All equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such "related connecting equipment" may include, but is not limited to, cable, conduit, and connectors.
TRANSMISSION TOWER: A freestanding structure, other than a building, on which wireless communication "antenna" devices and "related connecting equipment" are mounted. Examples include, but are not limited to, "guyed towers", "lattice towers", and "monopoles".
WIRELESS COMMUNICATION FACILITY: An unstaffed facility for the transmission and reception of low power radio signals consisting of an "equipment shelter or cabinet", a "wireless communication support structure", antennas (directional, omni-directional, or parabolic), and "related connecting equipment".
WIRELESS COMMUNICATION SUPPORT STRUCTURE: The structure erected to support wireless communication "antennas" and "related connecting equipment". Such "wireless communication support structure" types include, but are not limited to, stanchions, monopoles, lattice towers, wood poles, guyed towers, or city owned utility structures. (Ord. 263, 7-12-2005)

8-15-4: DEVELOPMENT STANDARDS:

   A.   Microfacilities:
      1.   Microfacilities shall be permitted in all zones.
      2.   A microfacility shall be located on existing buildings, poles or other existing support structures.
      3.   A microfacility may locate on an existing building or structure; provided, that the interior wall or ceiling immediately adjacent to the proposed facility is not designated as habitable space.
      4.   Antennas equal to or less than four feet (4') in height, including omni-directional antennas, shall be exempt from the height limitations of the zone in which they are located. Placement of any such antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure.
      5.   The microfacility antenna and related components shall be the same color as the existing building, pole, or support structure on which it is proposed to be located.
      6.   The equipment shelter or cabinet used to house radio electronic equipment shall be contained wholly within a building or structure, or located underground. Any building or structure erected aboveground to house such equipment shelter or cabinet shall not exceed an area of one hundred (100) square feet.
   B.   Minifacilities:
      1.   Minifacilities shall be permitted only in the following zones: commercial (C) and light industrial (LI).
      2.   Minifacilities may be located on buildings or structures; provided, that the interior wall or ceiling immediately adjacent to the proposed facility is not designated as habitable space.
      3.   The minifacility antenna and related components shall be the same color as the existing building, pole, or support structure on which it is proposed to be located.
      4.   The equipment shelter or cabinet used to house radio electronic equipment shall be contained wholly within a building or structure, or located underground. Any building or structure erected aboveground to house such equipment shelter or cabinet shall not exceed an area of one hundred (100) square feet.
      5.   Minifacilities shall comply with the height limitation specified for the zone in which it is to be located, except that omni-directional antennas may exceed the height limitation by ten feet (10'), or in the case of nonconforming structures, such antenna may extend ten feet (10') above the existing structure. When affixed to the side of a nonconforming structure, an antenna of rod or panel design may exceed the height limit of the zone; provided, that it blends in architecturally with the building. Placement of any such antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure.
   C.   Macrofacilities:
      1.   Macrofacilities shall be permitted only in the commercial (C) and light industrial (LI) zones. Macrofacilities may also be permitted elsewhere if attached to public buildings or located in a public right of way.
      2.   Macrofacilities may be located on buildings or structures; provided, that the interior wall or ceiling immediately adjacent to the proposed facility is not designated as habitable space.
      3.   The macrofacility antenna and related components shall be the same color as the existing building, pole, or support structure on which it is proposed to be located.
      4.   The equipment shelter or cabinet used to house radio electronic equipment shall be contained wholly within a building or structure, or located underground. Any building or structure erected aboveground to house such equipment shelter or cabinet shall not exceed an area of two hundred (200) square feet.
      5.   Macrofacilities shall comply with the height limitation specified for the zone in which it is to be located, except that omni-directional antennas may exceed the height limitation by fifteen feet (15'), or in the case of nonconforming structures, such antenna may extend fifteen feet (15') above the existing structure. When affixed to the side of a nonconforming structure, an antenna of rod or panel design may exceed the height limit of the zone; provided, that it blends in architecturally with the building. Placement of any such antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure.
   D.   Monopole I:
      1.   Monopole I facilities shall require a special (conditional) use permit pursuant to chapter 7 of this title, and such permit shall be available only in the commercial (C) and light industrial (LI) zones. A monopole I facility shall not be allowed in any other zoning classification. Site design, landscaping and/or other screening techniques deemed appropriate shall be duly considered as part of the special (conditional) use permit process.
      2.   Macrofacilities shall be the largest wireless communication facilities allowed on a monopole I wireless communication support structure.
      3.   Antennas which extend above the wireless communications support structure shall not be calculated as part of the height of the monopole I wireless communication support structure. For example, a monopole I may be up to sixty feet (60') in height, and a macrofacility affixed thereto may be up to fifteen feet (15') in height, thereby allowing a maximum combined height for the monopole I wireless communication support structure and any affixed macrofacility antennas of seventy five feet (75').
      4.   Collocation on an existing monopole I support structure shall be permitted without an additional conditional use permit, provided there is no change whatsoever to the monopole I support structure, or to the associated equipment shelter or cabinet, or to the site design, landscaping and/or other screening techniques authorized under the original conditional use permit.
      5.   The equipment shelter or cabinet used to house radio electronic equipment shall be contained wholly within a building or structure, or located underground. Any building or structure erected aboveground to house such equipment shelter or cabinet shall not exceed an area of two hundred (200) square feet.
      6.   All monopole I facilities shall be set back from the nearest property lot line a distance equal to a minimum of twenty percent (20%) of the overall height of the wireless communication support structure and the antennas affixed thereto.
   E.   Monopole II:
      1.   Monopole II facilities shall require a special (conditional) use permit pursuant to chapter 7 of this title, and such permit shall be available only in the light industrial (LI) zone. A monopole II facility shall not be allowed in any other zoning classification. Site design, landscaping and/or other screening techniques deemed appropriate shall be duly considered as part of the conditional use permit process.
      2.   Macro facilities shall be the largest wireless communication facilities allowed on a monopole II wireless communication support structure.
      3.   A monopole II facility shall be designed to accommodate two (2) or more wireless communication antennas on the wireless communication support structure.
      4.   Collocation on an existing monopole II facility shall be permitted without an additional conditional use permit, provided there is no change whatsoever to the monopole II support structure, or to the associated equipment shelter or cabinet, or to the site design, landscaping and/or other screening techniques authorized under the original conditional use permit.
      5.   Antennas which extend above the wireless communications support structure shall not be calculated as part of the height of the monopole II wireless communication support structure. For example, a monopole II facility may be up to one hundred fifty feet (150') in height, and a macrofacility affixed thereto may be up to fifteen feet (15') in height, thereby allowing a maximum combined height for the monopole II wireless communication support structure and any affixed macrofacility antennas of one hundred sixty five feet (165').
      6.   The equipment shelter or cabinet used to house radio electronic equipment shall be contained wholly within a building or structure, or located underground. Any building or structure erected aboveground to house such equipment shelter or cabinet shall not exceed an area of three hundred (300) square feet.
      7.   All monopole II facilities shall be set back from the nearest property lot line a distance equal to a minimum of twenty percent (20%) of the overall height of the wireless communication support structure and the antennas affixed thereto.
      8.   Monopole II facilities shall be separated from each other by a distance equal to or greater than one-fourth (1/4) mile (i.e., 1,320 linear feet) in any direction.
   F.   Lattice Tower:
      1.   Lattice towers shall require a special (conditional) use permit pursuant to chapter 7 of this title, and such permit shall be available only in the light industrial (LI) zone. A lattice tower facility shall not be allowed in any other zoning classification. Site design, landscaping and/or other screening techniques deemed appropriate shall be duly considered as part of the conditional use permit process.
      2.   Macro facilities shall be the largest wireless communication facilities allowed on a lattice tower wireless communication support structure.
      3.   A lattice tower facility shall be designed to accommodate two (2) or more wireless communication antennas on the wireless communication support structure.
      4.   Collocation on an existing lattice tower facility shall be permitted without an additional conditional use permit, provided there is no change whatsoever to the lattice tower support structure, or to the associated equipment shelter or cabinet, or to the site design, landscaping and/or other screening techniques authorized under the original conditional use permit.
      5.   Antennas which extend above the wireless communications support structure shall not be calculated as part of the height of the lattice tower wireless communication support structure. For example, a lattice tower may be up to one hundred fifty feet (150') in height, and a macrofacility affixed thereto may be up to fifteen feet (15') in height, thereby allowing a maximum combined height for the lattice tower wireless communication support structure and any affixed macrofacility antennas of one hundred sixty five feet (165').
      6.   The equipment shelter or cabinet used to house radio electronic equipment shall be contained wholly within a building or structure, or located underground. Any building or structure erected aboveground to house such equipment shelter or cabinet shall not exceed an area of three hundred (300) square feet.
      7.   All lattice tower facilities shall be set back from the nearest property lot line a distance equal to a minimum of twenty percent (20%) of the overall height of the wireless communication support structure and the antennas affixed thereto.
      8.   Lattice tower facilities shall be separated from each other by a distance equal to or greater than one-fourth (1/4) mile (i.e., 1,320 linear feet) in any direction. (Ord. 263, 7-12-2005)

8-15-5: AUTHORIZATION REQUIRED:

All wireless communication facilities shall be subject to city council authorization and municipal inspection. (Ord. 263, 7-12-2005)

8-15-6: VARIANCES:

If the effective operation of a wireless communication facility precludes compliance with the applicable height limitations of this chapter, or precludes compliance with the applicable equipment shelter or cabinet limitations of this chapter, any such height or equipment shelter or cabinet exception shall be subject to the variance proceedings set forth in chapter 6 of this title. (Ord. 263, 7-12-2005)

8-15-7: ADDITIONAL ADMINISTRATIVE AND PERMIT CRITERIA:

   A.   Visual Impact:
      1.   Site location and development shall preserve the preexisting character of surrounding buildings, land uses, and the zoning classification, to the maximum extent feasible commensurate with the necessary operation of the wireless communication facility. It is intended that the wireless communication support structure be integrated, through location and design, to blend in with the existing characteristics of the site to the maximum extent practical.
      2.   Existing on site vegetation shall be preserved and augmented to appropriately screen the facility.
      3.   Disturbance of existing topography shall be minimized, unless such terrain modification, upon completion, would result in a lesser visual impact upon existing uses surrounding the project site.
   B.   Noise: As part of any wireless communication facility proposal, the service provider or its representative shall furnish the city with information regarding the operating decibel (dB) level of the proposed installation, as measured at the property line nearest the proposed location, to ensure that noise levels acceptable for adjacent uses would not be compromised by such installation. (Ord. 263, 7-12-2005)

8-15-8: FEDERAL COMMUNICATIONS COMMISSION PREEMPTION:

Federal law prohibits consideration of the environmental effects of radio frequency emissions to the extent that the proposed facilities comply with federal communications commission (FCC) regulations concerning such emissions. (Ord. 263, 7-12-2005)

8-15-9: EXEMPT MODIFICATIONS TO EXISTING INSTALLATIONS:

Minor modification of existing wireless communication facilities and attached wireless communication facilities, whether emergency or routine, shall be exempt from further administrative or special (conditional) use permit review; provided, however, that there is little or no change to the visual appearance. Minor modifications are those modifications, including the addition of antennas, to conforming wireless communication facilities and attached wireless communication facilities that meet the performance standards of this chapter. (Ord. 263, 7-12-2005)

8-15-10: OBSOLESCENCE:

A wireless communication facility, or an attached wireless communication facility, shall be removed by the facility's owner within six (6) months of the date such facility ceases to be operational and/or within six (6) months of the date such facility falls into disrepair. (Ord. 263, 7-12-2005)