Chelmsford City Zoning Code
ARTICLE XIII
Wireless Communications Facilities
§ 195-64 Purpose.
The purpose of these regulations is to establish siting criteria and standards for wireless communication facilities (WCF's); to minimize the adverse visual impacts of WCF's on nearby properties and residential neighborhoods; to encourage the location of WCF's in nonresidential neighborhoods; to minimize the overall number and height of monopoles to only what is essential; and to promote collocation of WCF's to reduce the need for additional monopoles. This article is intended to establish reasonable regulations while allowing adequate service to residents, the traveling public and others within the Town, and to minimize the number of monopoles within the Town. Preference shall be given to wireless communications facilities that are located in nonresidential zoning districts. This article shall not apply to transmission facilities necessary for public safety, satellite dishes, ham radio antennas, or antennas for residential use which are regulated under § 195-14.
§ 195-65 Definitions.
For the purposes of this article, the following terms shall have the following meanings:
The use of a single mount by more than one carrier and/or several mounts on a tower, monopole, building, or structure by multiple carriers for the purpose of providing wireless communications services. Each service on collocations is a separate wireless communications facility.
A pole consisting of not more than one leg, anchored in the ground, which is not supported by guy wires or other bracing.
A facility for the provision of wireless communications service, including but not limited to towers, monopoles, antennas, antennas attached to existing structures and associated accessory structures, if any, which facilitate the provision of wireless communications service.
The provision of the following types of services: cellular telephone, personal communications and enhanced specialized mobile radio service as described in the Telecommunications Act of 1996.
§ 195-66 By-right uses; general standards.
Wireless communications facilities that meet the following standards shall be eligible for a building permit by right.
A.
The wireless communications facility will be attached to an existing building or structure and:
(1)
Will not extend more than 20 feet above the uppermost part of the structure; or
(2)
Will be attached to a lawfully existing monopole or lattice tower, where such existing monopole or lattice tower is not extended in height; or
(3)
Will be attached to a lawfully existing expandable monopole approved by the Board of Appeals, where such expansion is not higher than that approved by the Board of Appeals.
B.
The wireless communications facility will be located in one of the following zoning districts: CA, CB, CC, CD, IA, IS, or P.
C.
Wireless communications facilities will be at least 500 feet from a residential structure. This measurement shall be from the face of the wireless communications facility to the closest point of the residential structure.
D.
Wireless communications facilities shall be removed within one year of cessation of use. If applicable, proof of required maintenance and continued compliance with the standards of the Federal Communications Commission (FCC), Federal Aviation Administration (FAA), the American National Standards Institute (ANSI), and the State Building Code shall be filed with the Inspector of Buildings by the permit holder on an annual basis or as deemed necessary by the Inspector of Buildings.
§ 195-67 Special permit uses; general standards.
Wireless communications facilities that are proposed to be located on new monopoles or which do not otherwise comply with the standards of § 195-66 shall be subject to a special permit issued by the Board of Appeals. The following standards shall apply:
A.
Only freestanding monopoles, with associated antennas and/or panels, shall be allowed. Lattice-style towers and similar facilities requiring three or more legs and/or guy wires for support are not allowed.
B.
Monopoles shall be set back from the property line 50 feet or a distance equal to one and one-half times the height of the largest section of the monopole, whichever is greater. The Board of Appeals may allow a reduced setback if it specifically finds that safety of abutting property owners will be maintained.
C.
Erection of new monopoles may be allowed by special permit in any zoning district. WCF's shall only be allowed in a residential zoning district if the Board of Appeals specifically finds that the impact on residential uses will be minimal.
D.
No new monopoles shall be erected within 500 feet of an existing residential structure. This measurement shall be from the base of the monopole to the closest point of the residential structure.
E.
Monopoles shall not normally exceed 120 feet in height as measured from ground level at the base of the pole. The Board of Appeals may allow a monopole in excess of 150 feet but not higher than 180 feet if it specifically finds that the benefits of a taller monopole outweigh the deficits and if it specifically finds that a taller monopole supports greater collocation.
F.
In no case shall a monopole be located on a building.
G.
No monopole shall be visible from any location within the Historic District.
H.
Night-lighting of monopoles shall be prohibited unless required by the Federal Aviation Administration (FAA). Lighting shall be limited to that needed for emergencies and/or as required by the FAA.
I.
Monopoles shall be designed and located to accommodate the maximum number of users technologically practicable in order to reduce the number of monopoles in the community.
J.
All wireless communications facilities shall be sited in such a manner that the view of the facility from adjacent abutters, residential neighbors, and other areas of town shall be as limited as possible.
K.
Fencing shall be provided to control access to monopoles and other WCFs. The fence shall be screened as required by the Board of Appeals.
L.
There shall be no signs, except for announcement signs, "no trespassing" signs, and a required sign giving a phone number where the owner can be reached on a twenty-four-hour basis. All signs shall conform to Article VII, Signs and Outdoor Lighting.
M.
WCFs shall be removed within one year of cessation of use. If applicable, proof of required maintenance and continued compliance with the standards of the Federal Communications Commission (FCC), Federal Aviation Administration (FAA), the American National Standards Institute (ANSI), and the State Building Code shall be filed with the Inspector of Buildings by the special permit holder on an annual basis or as deemed necessary by the Inspector of Buildings.
§ 195-68 Application procedures.
All special permit applications for WCFs shall be made and filed in compliance with the rules and regulations of the Board of Appeals. In addition to the minimum requirements of the Board of Appeals, applications under this article shall include the following:
A.
A locus plan showing all property lines, the exact location of the proposed WCF, all structures on the lot, abutting streets, landscape features, and all structures within 500 feet as measured from the property line of the lot where the WCF is proposed.
B.
A color photograph or rendering of the proposed WCF. For WCFs attached to existing structures, a color photograph or rendition illustrating the WCF at the proposed location is required. A rendering shall also be provided illustrating a view of the WCF from the nearest street or streets.
C.
The following information prepared by one or more professional engineers:
(1)
A description of the WCF and the technical, economic, and other reasons for the proposed location, height, and design.
(2)
Confirmation that the WCF complies with all applicable federal and state standards.
(3)
A description of the capacity of the monopole, including the number and type of WCFs that it can accommodate and the basis for these calculations.
(4)
If applicable, a written statement that the proposed facility complies with or is exempt from applicable regulations administered by the Federal Aviation Administration (FAA), Federal Communications Commission (FCC), Massachusetts Aeronautics Commission, and the Massachusetts Department of Public Health.
D.
Coverage maps showing existing coverages and coverages with the proposed WCF.
E.
Visibility maps showing all locations where the WCF will be visible.
F.
The Board of Appeals may require balloon, crane, or other tests at the proposed WCF in order to determine visual and aesthetic impacts.
G.
The Board may require additional information in order to determine visual and aesthetic impacts, and the Board may require that wireless communications facilities be camouflaged in order to minimize visual intrusion.