Lakeville, MA Zoning Ordinance

[Added 3-3-1999, AG approved 3-8-1999]

§ 270-9.1 Purpose and intent.

The purpose of the Zoning Bylaw is to minimize adverse impacts of communication structures, monopoles, buildings and appurtenances on adjacent properties and residential neighborhoods; and to protect, to the maximum extent practicable, the rural character and aesthetic qualities of the Town of Lakeville, the property values of the community and safety of the citizens. This bylaw is promulgated under the authority of MGL c. 40A, the Home Rule Amendment of the Massachusetts Constitution and the 1996 Telecommunications Act, 47 U.S.C. § 332(c)(7)(A). A wireless communication facility shall not be placed, constructed, or modified except in accordance with the provisions of this Zoning Bylaw.

§ 270-9.2 Definitions.

COMMUNICATION BUILDING

Any building utilized primarily for the installation and operation of equipment for generating or receiving electromagnetic radiation and which is accessory to a communication structure.

COMMUNICATION MONOPOLE

Any cylindrical pole intended to support equipment used for the transmission and reception of electromagnetic radiation, including antennas, wiring or other devices attached thereto.

COMMUNICATION STRUCTURE

Any structure intended to support equipment used for the transmission and/or reception of electromagnetic radiation, including communication monopoles, antennas, wiring or other devices attached thereto. Such a structure shall not include a lattice or guy-wire-type tower.

WIRELESS COMMUNICATIONS FACILITY

A "wireless communications facility" ("WCF") shall mean a facility used for the purpose of commercial or public wireless communications uses, such as cellular telephone services, enhanced specialized mobile radio services, microwave communications, personal wireless communications services, paging services and the like, as defined in Section 704 of the Federal Telecommunications Act of 1996, as amended. Such facilities shall include towers, antennae; antennae support structures, panels, dishes, communication building, communication structure and accessory structures. For the purposes of this bylaw, a WCF shall not include the following accessory uses or structures: antennae or dishes used solely for residential household television and radio reception; dishes used for commercial or public purposes measuring two meters or less in diameter; nor amateur radio facilities, including towers less than 45 feet above ground, in accordance with the terms of any amateur radio service license issued by the Federal Communications Commission (FCC), provided that the tower is not used or licensed for any commercial use.

§ 270-9.3 General requirements.

[Amended 11-17-2014 STM, AG approved 2-23-2015]

No WCF shall be placed, constructed or modified except in compliance with this Zoning Bylaw.

All new wireless communications facilities shall be co-located, to the maximum extent practicable and technologically feasible, with one or more existing wireless communication facilities, monopoles, buildings or other structure whose height, location and characteristics meet the needs of the proposed facility. An applicant shall demonstrate to the Zoning Board of Appeals that it has made a good-faith effort to co-locate its facility upon an existing structure or facility.

All new wireless communication monopoles or support structures shall be designed, to the maximum extent practicable with existing technology and with height limits set forth in this chapter, for co-location of antennas and other necessary facilities for at least three other wireless communication providers, and shall offer space to all other providers at market rates. Any special permit granted for a new facility under this section shall be conditioned upon the written agreement of the facility operator to allow the co-location of at least three other wireless communication providers on commercially reasonable terms. If co-location facilities are not installed at the time of construction of the WCF, then, at the time of any addition of a co-located facility, the holder of the special permit and the new provider shall notify the Zoning Board and the Building Inspector that the installation has occurred and certify that the installation has been performed in accordance with the special permit for the WCF.

In descending order of zoning district preference, a WCF shall be located in Industrial (including Industrial-B); Business and Residential.

Any applicant proposing not to co-locate their facility or proposing to locate their facility in an Industrial District shall provide written evidence and documentation demonstrating why it is not feasible for their facility to be co-located with existing facilities or to be located in an Industrial District, or any other district having preference over the proposed location.

In no event shall any WCF be located closer than one mile to any other such WCF, unless the applicant can show that there is no existing space on one of the existing facilities which can be leased or procured.

The height of the monopole, measured from the mean finished ground level at the base of the facility, shall not exceed 125 feet in an Industrial District and shall not exceed 75 feet in Business or Residential Districts. The Zoning Board may allow a greater height if such modification provides adequate safety, promotes co-location or improves the design, and will not significantly impact the character and appearance of the neighborhood.

In all areas zoned Business, Industrial and Industrial-B, the setbacks for the WCF shall be a minimum of 1 1/2 times or 150% the height of the monopole and 500 feet from the lot line of the nearest residential use. Said distance shall be measured from the base of the WCF to the lot line of the nearest residential use. The Zoning Board may allow a lesser setback if such modification provides adequate safety, promotes co-location or improves the design, and will not significantly impact the character and appearance of the neighborhood.

In Residential Districts, the setbacks shall be a minimum four times the height of the tower, but not less than 500 feet. Said distance shall be measured from the base of the WCF to the nearest residential structure. The Zoning Board may allow a lesser setback if such modification provides adequate safety, promotes co-location or improves the design, and will not significantly impact the character and appearance of the neighborhood.

All structures associated with a WCF shall be removed within one year of the cessation of said use.

Certification, by an independent test consultant, stipulating the WCF is in compliance with the FCC shall be conducted within 10 days of completion of construction of the facility and once a year after that date. The monitoring shall be based on Cobbs Test Protocol or such comparable test standards as approved by the Zoning Board.

As a condition of the special permit for the placement, construction or modification of a WCF, a carrier shall provide a bond of not less than $250,000, in a form acceptable to the Town, or shall place into escrow a sum of money sufficient to cover the costs of removing the WCF from the subject property and, furthermore, said funds shall be held by the Town Treasurer or an independent escrow agent to be appointed by the carrier and the Zoning Board. The amount of the surety shall be certified by an engineer, architect or other qualified professional registered to practice in the Commonwealth of Massachusetts. The carrier shall authorize and, as necessary, shall provide the authorization of the owner of the property to allow the Town or the escrow agent to enter upon the subject property to remove the WCF when the WCF has been abandoned or discontinued.

(1)

A WCF shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was constructed for a period of one year or more. Once abandonment or discontinuance has occurred, the carrier shall remove the WCF from the subject property within 90 days. In the event that the carrier fails to remove the WCF, the Town shall give notice to the carrier and, if appropriate, the independent escrow agent that the facility shall be removed forthwith and the Town or the escrow agent, after affording written notice seven days in advance to the carrier, shall remove the WCF.

(2)

The special permit shall further state that, in the event the amount of surety is insufficient to cover the costs of removal, the Town may place a lien upon the property to cover the difference in cost.

The applicant shall provide to the Zoning Board a contact for emergencies, and said contact person and phone number and the owner of the facility and phone number shall be posted on the fence surrounding the wireless communication facility.

A WCF shall be setback a minimum of 1,000 feet from any school; said distance shall be measured from the property line for the WCF to the nearest property for the school.

Any proposed extension in height, addition of cells, antennas or panels, construction of a new facility or other modifications, shall be subject to a new application for an amendment to the special permit unless the extension or modification does not substantially change the physical dimensions of the facility.

§ 270-9.4 Design provisions.

Design provisions for such facilities shall include, but are not limited to:

No new WCF shall be placed or constructed that uses a lattice-type construction which requires three or more legs or guy wire supports or both without a special permit from the Zoning Board of Appeals.

No monopole or other facility structure shall contain any sign or other devices for the purpose of advertisement.

All monopoles, antennae, antennae support structures, and similar facilities shall be of neutral colors that are harmonious with, and blend with, the natural features, buildings and structures of the surrounding environment. Such structures shall be constructed out of nonreflective materials.

All building mounted facilities shall be designed and located so as to appear to be an integral part of the existing architecture of the building and shall be of colors that match and/or blend with those of the building.

The related unmanned equipment and/or building(s) shall not contain more than 400 square feet of gross floor area or be more than 10 feet in height.

There shall be a minimum of one parking space for each facility, to be used in connection with the maintenance of the site, and not to be used for the permanent storage of vehicles or other equipment.

All wireless communications facilities shall be protected against unauthorized climbing or other access by the public. The fencing shall be compatible with the scenic character of the surrounding area and shall not be constructed of barbed wire or razor wire.

No wireless communications facility shall be constructed to a height that requires aircraft lighting or special painting to enhance visibility. No tower shall be artificially lighted.

Applicants shall submit eight view lines showing a one-mile radius from the site, beginning at true North and continuing clockwise at forty-five-degree intervals. Said view lines shall, to the extent feasible, be taken from existing vantage points commonly used by the public, such as public ways, buildings or facilities. The submittal shall include unaltered photographs taken from eye level, five feet above grade, which show the existing condition of these view lines, as well as accurate scale perspective elevation drawings, computer-altered photographs or other accurate representations showing said view lines with the facility in place.

Landscape plans submitted with the application shall identify all existing vegetation, shall indicate which vegetation is to be removed or altered, and shall show all proposed new vegetation and other landscape treatments.

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.

Satellite dishes and/or antenna shall be situated on or attached to a structure in such a manner that they are screened, preferably not being visible from abutting streets, if feasible. Freestanding dishes or antenna shall be located on the landscape in such a manner so as to minimize visibility from abutting streets and residences and to limit the need to remove existing vegetation. All equipment shall be colored, molded and/or installed to blend into the structure and/or the landscape.

§ 270-9.5 Environmental standards.

No hazardous waste shall be discharged on the site of any WCF. If any hazardous materials are to be used on site, there shall be provisions for full containment of such materials. An enclosed containment area shall be provided with a sealed floor, designed to contain at least 110% of the volume of the hazardous materials stored or used on the site.

Ground-mounted equipment for a WCF shall not generate noise in excess of 50 dB at the property line. Roof-mounted or side-mounted equipment for WCF shall not generate noise in excess of 50 dB at ground level at the base of the building closest to the antenna.

§ 270-9.6 Application process.

All special permit applications for wireless communications facilities shall be made and filed on the applicable application form available from the Lakeville Zoning Board of Appeals.

Applications for special permits may be approved or approved with conditions if the petitioner can fulfill the requirements of these regulations to the satisfaction of the Zoning Board and upon finding the Zoning Board that:

(1)

The proposed use will be in harmony with the general purpose and intent of the Zoning Bylaw;

(2)

The specific site is an appropriate location for such use;

(3)

The use as developed will not adversely affect the neighborhood;

(4)

There will be no nuisance or serious hazard associated with the use; and

(5)

Adequate appropriate facilities will be provided for proper operation of the proposed use.

When considering an application for a WCF, the Zoning Board shall place great emphasis on the proximity of the facility to residential dwellings and its impact on these residences. New facilities shall only be considered after finding that existing (or previously approved) facilities cannot accommodate the proposed user(s).

A locus plan at a scale of one inch equals 40 feet which shall show all property lines, the exact location of the proposed structure(s), streets, landscape features, residential dwellings and neighborhoods and all buildings within 500 feet of the facility.

The following information shall be prepared by one or more professional engineers:

(1)

A description, including illustrations and photographs, of the monopole and the technical, economic and other reasons for the proposed location, height and design.

(2)

Confirmation that the monopole complies with or is exempt from all applicable federal and state standards.

(3)

A description of the capacity of the monopole, including the number and type of panels, antennae and/or transmitter receivers that it can accommodate, and the basis for these calculations.

Material describing a specific plan for a balloon or similar test, including the date and time, as well as rain date and time. The Zoning Board shall approve the plan and specify the manner by which applicant shall give notice to the public.

In addition to the filing fees, the applicant shall pay any reasonable additional cost of retaining professional services if such services are deemed necessary by the Zoning Board.

Any special permit granted under this section shall lapse within two years of the date of the grant, not including the time required to pursue or await the termination of an appeal referred to in MGL c. 40A, § 17, if substantial use thereof has not sooner commenced except for good cause, or in the case of permit for construction, if construction has not begun within two years of the date of grant, except for good cause.

§ 270-9.7 Exemptions.

The following are types of WCF are exempt from this chapter:

A television antenna or satellite dish which is accessory to a use permitted as of right in a business or residential district, provided such use does not include the provision of wireless communications services for a fee. Such antenna or dish must be:

(1)

Less than two meters in diameter; and

(2)

Not visible from any neighboring property or public way;

A WCF installed wholly within and not protruding from the interior space of an existing building or structure, excluding building used for residential use.

A WCF installed on the roof of an existing building, providing no part of the facility extends more than 10 feet above the existing roof and the roof of such building is at a higher elevation than any other structure within 1,000 feet.

Amateur radio towers used in accordance with the terms of any amateur radio service license issued by the FCC, provided that:

(1)

The tower is not used or licensed for any commercial purpose.

Towers and antennas erected by the Town of Lakeville for public safety communication purposes.

§ 270-9.8 Severability.

If any section of this bylaw is ruled invalid by a court contempt jurisdiction, such ruling will not affect the validity of the remainder of the bylaw.

Lakeville City Zoning Code

ARTICLE IX