Bellingham City Zoning Code
ARTICLE XXI
Wireless Communication Facilities
§ 240-141 Purpose.
The purposes of this bylaw are as follows:
A.
To minimize adverse impacts of wireless communication facilities on residential neighborhoods and the community;
B.
To encourage the shared use of facilities to reduce the need for new facilities; and
C.
To limit the overall number and height of facilities to what is necessary to serve the public.
§ 240-142 Definitions.
As used in this article, the following terms shall have the meanings indicated:
CAMOUFLAGED FACILITY
A telecommunications facility that is disguised, hidden, part of an existing or proposed structure, or placed within an existing or proposed structure that is considered "camouflaged."
CO-LOCATION
The use of a single mount on the ground by more than one carrier (vertical collocation), and/or several mounts on an existing structure by more than one carrier.
GUYED TOWER
A monopole or lattice tower that is tied to the ground or other surfaces by diagonal cables.
LATTICE TOWER
A type of mount that is self-supporting with multiple legs and cross bracing of steel structure.
MONOPOLE
A single self-supporting vertical pole with below grade foundations.
PROVIDER or CARRIER
An entity, licensed by the FCC, to provide telecommunications services to individuals or institutions.
TOWER
A monopole or lattice tower that is designed to support personal wireless communication services transmission, receiving and relaying antennas and equipment.
WIRELESS COMMUNICATION FACILITIES
A telecommunications facility consisting of the structures, including towers and antennas mounted on towers and buildings, equipment and equipment shelters, accessory buildings or structures, and site improvements, involved in sending and receiving telecommunications or radio signals to a central switching computer which connects the mobile unit with land-based or other telephone lines.
§ 240-143 Applicability.
This article shall apply to reception and transmission facilities for the purpose of personal wireless communication services. This bylaw shall not apply to towers or antennas installed for use by a federally licensed amateur radio operator.
§ 240-144 General requirements.
Wireless communication facilities shall only be allowed after the issuance of a special permit in accordance with the provisions of M.G.L. ch. 40A, § 9, this bylaw and any rules and regulations adopted hereunder. The Board of Appeals shall be the special permit granting authority for wireless communication facilities.
A.
Lattice-style towers and similar facilities requiring more than one leg or guy wires for support are prohibited.
B.
All structures associated with wireless communication facilities shall be removed within one year of cessation of use.
C.
The tower height shall not exceed 100 feet measured from the base of the tower to the highest point of the tower including anything on it.
D.
All towers shall be set back from lot lines a minimum of the height of the tower except where the tower abuts the right-of-way of Route I-495 where the setbacks shall be the minimum permitted by the Commonwealth of Massachusetts.
E.
No tower shall be located within two miles of another such tower.
F.
Any utilities servicing a tower shall be located underground.
G.
Lighting of wireless communication facilities shall be limited to low level security lighting installed at or near ground level, except for lighting required by the Federal Aviation Administration (FAA).
H.
Fencing shall be provided to control unauthorized access to the tower.
I.
The facility shall contain one sign no greater than one square foot that provides the telephone number where the operator in charge can be reached on a twenty-four-hour basis.
§ 240-145 Criteria.
A special permit for a wireless communication facility shall not be issued unless the special permit granting authority finds the following:
A.
Existing or approved facilities cannot accommodate the applicant's proposal.
B.
The facility has been designed to accommodate the maximum number of providers but in no case less than three.
C.
The applicant has agreed to allow other service providers to co-locate on the tower, now, or at any time in the future.
D.
The tower has been designed, using the best available technology, to blend into the surrounding environment through the use of color, camouflaging techniques, or other architectural treatments.
E.
The facility has been designed to minimize adverse visual impacts on the abutters and the community as demonstrated by illustrations and by a balloon test performed in accordance with any requirements adopted by the Board of Appeals.
F.
The facility is sited in such a manner that it is screened, to the maximum extent possible, from public view.
§ 240-146 Conditions.
Before approving any special permit under this article, the special permit granting authority may impose conditions, safeguards and limitations to assure that the proposal is in harmony with the general purpose and intent of this bylaw.
§ 240-147 Bonding.
Prior to the issuance of a building permit the special permit granting authority may require a performance guarantee to ensure compliance with the plan and conditions set forth in their decision.