Barre City Zoning Code
ARTICLE VII
General Regulations
§ 140-16 Nonconforming uses.
A.
The lawful use of any structure or land existing at the time of the enactment or subsequent amendment of this bylaw may be continued although such structure or use of land does not conform with the provisions of the bylaw.
B.
A nonconforming use of land or of a structure shall not be changed to another use, except on special permit from the Special Permit Granting Authority.
[Amended 2-26-1979 STM, Art. 6]
C.
A nonconforming use which has been discontinued for two years shall not be reestablished without a special permit from the Special Permit Granting Authority.
[Amended 2-26-1979 STM, Art. 6]
D.
A nonconforming structure damaged by fire or other causes beyond 80% of its assessed valuation shall not be rebuilt except in conformity with the bylaw, unless said work is completed within two years following the damage.
E.
A nonconforming use which has been changed to a more restricted or conforming use shall not revert to a nonconforming use.
§ 140-17 Parking requirements.
A.
It is intended, under this bylaw, that suitable off-street motor vehicle parking spaces shall be provided to meet the needs of all persons using buildings or land. As a guide to what is suitable, the following will apply:
Type of Use | Minimum Parking Spaces Required | |
|---|---|---|
Medical offices | 3 spaces per doctor | |
Apartments | 1 space per dwelling unit | |
Public assembly | 1 space per classroom and office | |
Retail stores | 1 space per 150 square feet of floor area | |
Motel | 1 space per room accommodation plus 1 space per employee | |
Industrial | 1 space per two employees | |
Restaurants and bars | 1 space per 2-seat capacity |
B.
Two hundred twenty-five square feet of net standing and maneuvering area is the minimum required per space.
C.
This section shall apply to new buildings or uses of land, but shall not apply to existing uses except where they are enlarged.
§ 140-18 Earth removal.
The removal of earth, including soil, loam, sand, gravel, clay, stone or other subsurface products, except water, from land in the Town of Barre is prohibited except as follows:
A.
Excavations required for the construction of structures for which all permits have been issued, or for the installation of walks, driveways, septic systems, swimming pools, landscaping or other accessory uses to such buildings and expansions thereto, provided the quantity of material removed shall not exceed that displaced by the portion of the buildings or accessory use below finished grade.
[Amended 6-14-1999 ATM, Art. 45]
B.
When a permit for earth removal has been granted by the Planning Board after a public hearing has been held. Said permit shall require as a condition that:
[Amended 6-12-2000 ATM, Art. 42]
(1)
No loam be removed from the Town;
(2)
Each applicant shall file with the Planning Board a map or plan, prepared at the expense of the applicant, showing present contours and future contours of the area to be excavated.
(3)
A permit granted shall state the predetermined grade or grades to which the site shall be brought at the completion of the operations, and the amount of topsoil to be placed over the cuts.
§ 140-19 Wireless communication facilities.
[Added 11-13-2000 STM, Art. 5]
A.
Objectives. This section permits the use of wireless communication facilities within the Town, regulates their impacts, and accommodates their location and use in a manner intended to:
(1)
Protect the scenic, historic, environmental and natural, or man-made resources of the Town,
(2)
Protect property values,
(3)
Minimize any adverse impact on the residents of the Town (such as, but not limited to, attractive nuisance, noise and falling objects) with regard to the general safety, welfare and quality of life in the community,
(4)
Provide standards and requirements for regulation, placement, construction, monitoring, design, modification and removal of wireless communications facilities,
(5)
Provide a procedural basis for action within a reasonable period of time for requests for authorization to place, construct, operate or modify wireless communication facilities,
(6)
Encourage the use of certain existing structures and towers,
(7)
Minimize the total number and height of towers located within the community,
(8)
Require tower sharing and clustering of wireless communications facilities where they reinforce the other objectives in this section, and
(9)
Be in compliance with the Federal Telecommunications Act of 1996.
B.
Applicability.
(1)
The requirements of this section shall apply to all wireless communications facilities, except where federal or state law or regulations exempt certain users or uses from all or portions of the provisions of this section.
(2)
No wireless communication facility shall be considered exempt from this section by sharing a tower or other structure with such exempt uses.
C. ACT ADEQUATE COVERAGE ANTENNA AVAILABLE SPACE CAMOUFLAGED CARRIER CHANNEL CO-LOCATION COMMUNICATION EQUIPMENT SHELTER CONCEALED DBM FACILITY SITE FACILITY MAJOR MODIFICATION OF AN EXISTING FACILITY MINOR MODIFICATION OF AN EXISTING FACILITY MONITORING MONOPOLE RADIO FREQUENCY RADIATION (RFR) REPEATER SPGA TOWER WIRELESS COMMUNICATION SERVICES WIRELESS COMMUNICATION FACILITY WIRELESS COMMUNICATION SERVICE PROVIDER
Definitions. The following words, which are technical terms applying to wireless communication facilities, shall have the meaning indicated below.
The Federal Telecommunications Act of 1996.
The geographic area in which the carrier provides a level of service expected by the Federal Communications Commission under its license or authority.
A device by which electromagnetic waves are sent or received (whether a dish, rod, mast, pole, set of wires, plate, panel, line, cable or other arrangement serving such purpose).
The space on a tower or other structure to which antennas of a wireless communication service provider are able to fit structurally and are able to provide adequate coverage.
A wireless service facility that is placed within an existing or proposed structure disguised, painted, colored, or hidden by a compatible part of an existing or proposed structure, or made to resemble an architectural feature of the buildings or structure on which it is placed.
A company, authorized by the FCC, that provides wireless communications services.
One of the assigned bands of radio frequencies as defined in the Act, licensed to the service provider for wireless service use.
The use of a single mount by more than one carrier and/or several mounts on a building or structure by more than one carrier. Each service on a co-location is a separate wireless service facility.
A structure designed principally to enclose equipment used in connection with wireless communication transmission, and/or reception.
A wireless service facility within a building or other structure, which is not visible from outside the structure.
A unit of measure of the power level of an electromagnetic signal expressed in decibels referenced to one milliwatt.
A lot or parcel, or any part thereof, which is owned or leased by one or more personal communication wireless service providers and upon which one or more wireless communication facility(ies) and required landscaping are located.
Wireless communication facility.
Any significant material change or proposed change to a facility, whether built or permitted that will or has the potential to impact the Town, neighborhood or adjacent properties, either with respect to appearance of the site, noise, traffic or public safety.
[Added 6-13-2005 ATM, Art. 29]
Any minor change whether material or administrative that does not have the potential to impact the Town, neighborhood, or adjacent properties, either with respect to appearance of the site, noise traffic or public safety.
[Added 6-13-2005 ATM, Art. 29]
The measurement, by the use of instruments away from the antenna, of the electromagnetic radiation from a site as a whole, or from individual wireless communication facilities, towers, antennas, repeaters or associated power supplies and generators.
A single self-supporting vertical pole with no guy-wire anchors, usually consisting of a galvanized or other unpainted metal, or a wooden pole with below-grade foundations.
The electromagnetic emissions from wireless service facilities.
A small receiver/relay transmitter of not more than 20 watts output designed to provide service to areas which are not able to receive adequate coverage from the primary sending and receiving site in a wireless communications network.
The Special Permit Granting Authority.
A structure or framework, or monopole, that is designed to support wireless communications transmitting, receiving, and/or relaying, antennas and/or equipment. Components of the wireless communication facility used only to attach or support other elements of that facility are excluded provided such components are relatively less substantial than those other elements and do not materially affect a dimension of that facility.
Commercial mobile radio services, unlicensed wireless services, and common carrier wireless exchange access services as defined in the Act.
All equipment buildings, and structures with which a wireless communication service carrier broadcasts and receives the radio-frequency waves which carry their services and all locations of said equipment or any part thereof.
An entity licensed by the Federal Communication Commission (FCC) to provide wireless communication services to individuals, businesses or institutions.
D.
Location of facilities.
(1)
No wireless communications facility shall be erected, constructed or installed without a special permit from the Planning Board; wireless communication facilities shall be allowed in all zoning districts by special permit.
(2)
Other sections of the Town of Barre bylaw notwithstanding, wireless communication facilities may be allowed as an additional use and/or structure on a lot which already has a principal use and/or structure thereon.
E.
Criteria, priority for location of facilities.
(1)
Wireless communication facilities shall be located according to the following priorities:
(a)
Within an existing structure concealed,
(b)
Within an existing structure and camouflaged,
(c)
Camouflaged on an existing structure, such as but not limited to an existing electric transmission tower or an existing radio antenna, a water tower, or building, and of compatible design,
(d)
Co-located with existing wireless communication service facilities,
(e)
If adequately demonstrated to the SPGA in the special permit process that each of the five types of locations is not feasible, erection of a new facility which complies with the other requirements of this section and where visual impact can be minimized and mitigated.
(2)
Applicants shall demonstrate that they have investigated locations higher in priority ranking than the one for which they are applying and whether sites are available and, if applicable, under what conditions.
F.
Dimensional screening and other site development requirements.
(1)
Shelters and accessory buildings. Any communication equipment shelter or accessory building shall be designed to be architecturally similar and compatible with the surrounding area, or constructed underground, or camouflaged by planting of an evergreen hedge not less than 75% of the height of the structure at the time of planting.
(2)
Setbacks.
(a)
Any new tower shall be set back at least 120% of the height of the tower from each lot line and each residential dwelling of the site on which the tower is located.
(b)
Any nonconcealed antenna shall be set back at least one time the height of the antenna, as measured from the ground level, from each lot line of the site on which the antenna is located. However, if the antenna is being attached to an existing tower whose setback is already approved either by right, by special permit or by variance and, if the SPGA determines that the addition of the antenna does not materially alter the basis of that prior approval, then no new, independent, setback requirement shall be created by the addition of the antenna.
(c)
In nonresidential districts the SPGA may grant a special permit to allow a lesser setback if it makes a finding that such lesser setback provides adequate safety, promotes co-location or improves design, and will not negatively impact the appearance and character of the neighborhood.
(3)
Security, signs. The area around the wireless communication facility shall be completely secure from trespass or vandalism. A sign not larger than one square foot shall be posted adjacent to the entry gate indicating the name of the facility owner(s) and a twenty-four-hour emergency telephone number. Advertising on any antenna, tower, fencing, accessory building or communication equipment shelter is prohibited.
(4)
Lighting. Unless required by the Federal Aviation Administration, no exterior night lighting of towers or the wireless communication facility is permitted except for manually operated emergency lights for use when operating personnel are on site.
(5)
New towers. Any new freestanding tower shall be of a monopole construction. New towers shall not exceed the minimum height necessary to provide adequate coverage within the Town of Barre.
(6)
Height. The maximum height for an antenna is 10 feet and for a tower is 190 feet unless the applicant demonstrates that a greater height is required to allow for provision of service or unless the Planning Board finds that co-location on said tower is practical and preferable.
(8)
Access and parking.
(a)
There shall be a maximum of one parking space for each tower to be in connection with maintenance or the site and not to be used for the storage of vehicles or other equipment.
(b)
The access road and parking area surface shall be constructed of gravel or other nonbituminous material to maintain a rural character.
(9)
Noise. The wireless communications facility shall not generate noise in excess of 35 dB at the property line.
(10)
Connections. All network interconnections and utility connections shall be via underground lines.
(11)
Acceptable antenna types. Only sector and whip-type antennas will be accepted. No dish-type antennas will be allowed.
(12)
Tower coatings. The visual impact of new towers shall be minimized by use of the appropriate paint or covering.
G.
Justification of need.
(1)
Coverage area. The applicant shall provide a map of the geographic area in which the proposed facility will provide adequate coverage.
(2)
Adequacy of other facility sites controlled by the applicant. The applicant shall provide written documentation of any facility sites in the Town and in abutting towns or cities in which it has a legal or equitable interest, whether by ownership, leasehold, or otherwise. Said documentation shall demonstrate that these facility sites do not already provide, or do not have the potential to provide by site adjustment, adequate coverage.
(3)
Capacity of existing facility sites. The applicant shall provide written documentation that it has examined all facility sites located in the Town and in abutting towns in which the applicant has no legal or equitable interest to determine whether those existing facility sites can be used to provide adequate coverage.
(4)
Adequate coverage through the least intrusive means. The applicant shall provide written documentation including radio propagation maps, that the proposed facility uses the least intrusive means by which it can provide adequate coverage in conjunction with all facility sites listed above.
H.
Application, permits and special permits.
(2)
Permits.
(a)
Each application for a permit must contain site plans with sufficient detail that would enable the Town to determine whether the proposed facility meets the requirements of § 140-23. Each applicant must include a Town-wide map showing the locations of all existing wireless communication facilities and proposed wireless communication facilities in the Town and within three miles of the Town boundaries. Each application must include a plan at a scale of one inch equals 40 feet showing all property lines, streets, landscape features, and all buildings within 500 feet of the proposed facility. The plan shall show the exact location of the proposed facilities including antennas (designed maximum), equipment shelters, security barriers, and parking. The plan shall show all proposed changes to the existing property including grading, vegetation removal and temporary and permanent roads and driveways.
(b)
To demonstrate the visual impact of a proposed tower, the applicant shall fly a three-foot diameter balloon or place a crane at the proposed site at the maximum height of the proposed tower. This demonstration shall be conducted on a weekend day. The date and location of the demonstration shall be advertised at least seven days, but not more that 21 days, before the demonstration in a newspaper of general circulation in the Town. Abutters shall be notified by certified mail. Photographs of the demonstration showing the visual impact of the proposed tower on abutting streets, adjacent property and residential neighborhoods shall be submitted.
(3)
Fee. In addition to the Town special permit fees, the applicant shall pay any cost of retaining professional services if such services are deemed necessary by the Planning Board. The applicant may be required to pay reasonable fees for professional review of, and professional advice regarding, the applicant's proposal by a professional or radio frequency engineer, attorney or other qualified professional. The applicant shall pay said fees regardless of whether the application is approved.
(4)
Approval criteria.
(a)
A special permit shall be granted under this section only if the SPGA shall find that the project is in harmony with the general purpose and intent of this section of the Town of Barre Zoning Bylaw and the SPGA's regulations. In addition, the SPGA shall make all the applicable findings before granting the special permit, as follows:
[1]
That the applicant is not already providing adequate coverage or is unable to maintain adequate coverage without the special permit,
[2]
That the applicant is not able to use existing facility sites or higher priority sites either with or without the use of repeaters to provide adequate coverage,
[3]
That the proposed wireless service facility minimizes any adverse impact on historic resources, scenic views, residential property values, natural or man-made resources,
[4]
That the applicant has agreed to implement all reasonable measures to mitigate the potential adverse impacts of the facilities,
[5]
That the facility shall comply with the appropriate FCC regulations regarding emissions of electromagnetic radiation and that the required monitoring program is in place and shall be paid for by the applicant,
[6]
That the applicant has agreed to rent or lease available space on any tower it controls within Barre or its contiguous towns, under the terms of a fair-market lease, without discrimination to other wireless service providers, and
[7]
That there is a substantial gap in telecommunication service and the proposal is the least intrusive means to fill the gap.
(b)
If a special permit is granted, in addition to such terms and conditions as may be authorized by this bylaw, the SPGA may impose such additional conditions and safeguards as public safety, welfare and convenience may require.
(c)
Any decision by the SPGA to deny a special permit under this section shall be in conformance with the Act, in that it shall be in writing and supported by substantial evidence contained in a written record.
(5)
Term of permit.
(a)
Each special permit shall be valid for a fixed or conditional period of time, not less than five years, as determined by the Special Permit Granting Authority. At the end of the approved time period, the facility shall be removed by the carrier or a new special permit shall be required.
(b)
Any major modification of an existing facility or a permitted proposed facility, as defined in this bylaw, will require a new special permit application. Minimum liability insurance of $1,000,000 is required. Minor modification may be approved by the Planning Board without additional hearings.
[Amended 6-13-2005 ATM, Art. 29]
(c)
All permitted and special permitted wireless communications facility carriers shall periodically file a report with the Town, every five years (or sooner if specified in the special permit), on operational aspects of the facility including: power consumption; power radiation; frequency transmission; the number, location, and orientation of antennas; and types of services provided.
I.
Removal requirements. Any wireless communication facility that ceases to operate for a period of one year shall be removed. Cease to operate is defined as not performing the normal functions associated with the wireless service facility and its equipment on a continuous and ongoing basis for a period of one year. At the time of removal, the facility site shall be restored such that all wireless communication facilities that have ceased to operate are removed. If all facilities on a tower have ceased to operate, the tower (including the foundation) shall also be removed and the site shall be revegetated by the owner. Existing trees shall only be removed if necessary to complete the required removal. The applicant shall, as a condition of the special permit, provide a financial surety or other form of financial guarantee acceptable to the SPGA, to cover the cost of removal of the facility and the restoration of the landscape, should the facility cease to operate.
J.
Severability clause. If any provision or section of this bylaw is determined to be invalid or unconstitutional by any authority, every other provision and section shall continue in full force and effect.