Town Of Boston City Zoning Code
ARTICLE XXIII
Supplemental Use Regulations
§ 123-118 Temporary structures or uses.
A.
The following temporary structures shall be deemed to be permitted uses in all zoning districts:
(1)
Temporary structures or uses incidental to construction work shall be permitted for a period of time not to exceed one year, provided that any such structure shall be removed forthwith upon the completion or abandonment of the construction work. Any extension of said time limit shall require the approval of the Zoning Board of Appeals.
(2)
The temporary use of a dwelling as a model home shall be permitted for a period of time not to exceed nine months. Any extension of said time limit shall require the approval of the Zoning Board of Appeals.
B.
Special permits.
(1)
The Town Board may authorize a temporary and revocable permit for not more than two years for uses or structures that do not conform to the regulations of this chapter for the district in which they are located, provided that the following findings are made:
(2)
Permitted temporary structures or uses, extension of time limit: The Town Board may authorize the continuation of temporary structures or uses incidental to construction work, provided that the following findings are made:
§ 123-119 Limitations on filling stations, gasoline service stations and public garages.
A.
No part of any building used as a filling station, gasoline service station or public garage and no filling pump, lift or other service appliance shall be erected within 25 feet of any R District boundary or within 300 feet of any school, church, playground or park located in an R District.
B.
No gasoline or oil pump, no oiling or greasing mechanism and no other service appliance shall be installed in connection with any filling station, gasoline station or public garage within 20 feet of any street line.
C.
Two reservoir spaces for each gasoline pump shall be provided on the lot for waiting vehicles. Such reservoir space shall not include space at the pump or required parking space.
D.
Storage of gasoline shall be in underground tanks in accordance with the rules and regulations of the New York State Department of Environmental Conservation and the Environmental Protection Agency.
E.
There shall be no use of the lot, except for landscaping or screening, within 20 feet of any R District boundary or lot used for residential purposes.
§ 123-120 Limitations on automotive use areas.
Except for farms, any portion of a lot used for open off-street parking or reservoir space, or for open sales, service or storage areas for motor vehicles, contractors' equipment or boats shall be deemed to be an automotive use area and shall be subject to the following requirements:
A.
Surfacing. Every automotive use area and access driveway thereto shall be surfaced with a durable and dustless material and shall be so graded and drained so as to disperse of surface water accumulation.
B.
Lighting. Any fixture used to illuminate any automotive area shall be so arranged as to direct the light away from the street and away from adjoining premises.
C.
Screening. Every automotive use area, except off-street parking areas for less than five vehicles, shall be screened from any adjoining lot in any R District or lot used for residential purposes, including lots situated across the street, as follows:
(1)
Along a street line, by a planting strip five feet wide; provided, however, that no shrub planting or tree foliage shall be placed or maintained which obstructs vision at an elevation between three feet and seven feet above the street level. Such screening may be interrupted by normal entrances and exits.
(2)
Along a rear lot line or an interior side lot line which abuts an existing or future rear yard or side yard on such adjoining lots, by a compact evergreen hedge which will reach a height of five feet within three years or by a solid uniformly painted fence or an unpierced masonry wall five feet in height. Such screening shall be maintained in good condition at all times.
D.
Access.
(1)
No entrance or exit to any automotive use area shall be permitted within 30 feet of any intersecting street lines; and, except for off-street parking areas for uses permitted in any R District requiring less than 10 parking spaces, no entrance or exit shall be permitted within 20 feet of a lot in any R District or lot used for residential purposes.
(2)
Access to automotive use areas, except for off-street parking areas in an R District for fewer than five vehicles, shall be approved by the Town Engineer and shall be so arranged that vehicles shall not be required to back into a street.
E.
Restriction of use. No automotive use area shall be used for auto wrecking or for the storage of wrecked, partially dismantled or junked vehicles or equipment, or motor vehicles which do not qualify for New York State motor vehicle registration.
§ 123-121 Lots divided by district boundaries.
A.
Where a lot is divided by any zoning district boundary so as to be in more than one zoning district and where such lot was an existing lot when such district boundary was established, a conforming use, occupying 50% or more of the area of said lot and having street frontage in the district where permitted, may be extended on such lot not more than 25 feet, measured perpendicular to the district boundary, into any district where such use is not permitted.
B.
Such use shall be subject to all regulations applicable to the district where permitted.
§ 123-122 Lot frontage on street required for dwellings.
No dwelling shall be erected on any lot which does not have immediate frontage on a street held by the owner thereof in fee simple, subject to easements of record, as defined in this chapter.
§ 123-123 Screening of service entrance in C and M Districts.
Where a loading or unloading platform or any service entrance in a C or M District faces any lot line which coincides with any R District boundary, such platform or service entrance shall be effectively screened from such R District or lot used for residential purposes in a manner approved by the Town Planning Board.
§ 123-124 Adult uses.
Adult uses shall be allowable in an M Industrial District only as a special exception by the Board of Appeals after public hearing.
A.
Purposes and considerations.
(1)
In the execution of this chapter, it is recognized that there are some uses, which due to their very nature, have serious objectionable characteristics. The objectionable characteristics of these uses are further heightened by their concentration in any one area, thereby having deleterious effects on adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods or land uses.
(2)
It is further declared that the location of these uses in regard to areas where our youth may regularly assemble and the general atmosphere encompassing their operation is of great concern to the Town of Boston.
(3)
These special regulations are itemized in this section to accomplish the primary purposes of preventing a concentration of these uses in any one area and restricting their accessibility to minors.
B. ADULT BOOKSTORE ADULT DRIVE-IN THEATER ADULT ENTERTAINMENT CABARET ADULT MOTEL ADULT THEATER MASSAGE ESTABLISHMENT PEEP SHOWS
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, other periodicals, films, slides and video tapes and which establishment is customarily not open to the public generally but excludes any minor by reason of age.
A drive-in theater that customarily presents motion pictures that are not open to the public generally but excludes any minor by reason of age.
A public or private establishment which presents topless dancers, strippers, male or female impersonators or exotic dancers or other similar entertainments and which establishment is customarily not open to the public generally but excludes any minor by reason of age.
A motel which is not open to the public generally but excludes minors by reason of age or which makes available to its patrons in their rooms films, slide slows or videotapes, which if presented in a public movie theater would not be open to the public generally but would exclude any minor by reason of age.
A theater that customarily presents motion pictures, films, videotapes or slide shows, that are not open to the public generally but exclude any minor by reason of age.
Any establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths and steam baths. This definition shall not be construed to include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath or duly licensed physical therapist or barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders. This definition also shall exclude health clubs which have facilities for physical exercise, such as tennis courts, racquetball courts or exercise rooms, and which do not receive their primary source of revenue through the administration of massages.
A theater which presents material in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged and which is not open to the public generally but excludes any minor by reason of age.
C.
The adult uses, as defined in Subsection B above, are to be restricted as to location in the following manner in addition to any other requirements of this Code.
(1)
Any of the above uses shall not be located within a five-hundred-foot radius of any area zoned for residential use.
(2)
Any of the above uses shall not be located within a one-half-mile radius of another such use.
(3)
Any of the above uses shall not be located within a five-hundred-foot radius of any school, church or other place of religious worship, park, playground or playing field.
D.
The restrictions enumerated in Subsection C above may be waived by the Town Zoning Board of Appeals if the applicant shows and the Board finds that the following conditions have been met, in addition to the general conditions contained in Article XXXI of this chapter:
(1)
That the proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit and intent of this chapter will be observed.
(2)
That the establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation or improvement, either residential or nonresidential.
E.
Registration. No person, firm, corporation or other entity shall lease, rent, maintain, operate, use or allow to be operated or used any business or establishment, any part of which contains an adult use, without first complying with the provisions of this subsection, as follows:
(1)
In addition to any and all other necessary licenses and permits, no form of adult use shall be allowed to operate or be allowed to continue to operate, until a certificate of registration is filed with the Clerk of the Town of Boston, containing:
(a)
The address of the premises.
(b)
The name and address of the owner(s) of the premises and the name and address of the beneficial owner(s) if the property is in a land trust.
(c)
The name of the business or the establishment subject to the provisions of this section.
(d)
The name, business and home address, business or home phone number of all owners of the business or establishment, subject to the provisions of this section.
(e)
The names, business and home addresses, business or home phone numbers of all those persons having a substantial connection with the business or establishment subject to the provisions of this section.
(f)
The date of the initiation of the adult use.
(g)
The exact nature of the adult use.
(h)
If the premises or the building in which the business containing the adult use is located is leased, a copy of the lease.
(2)
If there occurs any change in the information required for the certificate of registration, the Clerk of the Town of Boston shall be notified of such change, and a new or amended certificate shall be filed within 30 days of such change.
(3)
The processing fee for each such certificate of registration or amendment thereto shall be $50.
(4)
No certificate of registration issued under the provisions of this section shall be transferable to any person other than the registrant, nor shall a certificate of registration be transferable for use at any premises, building or location other than stated in the certificate of registration.
(5)
The owner, manager or agent of any adult use shall cause a copy of the certificate of registration issued under the provisions of this section to be prominently displayed on the premises, building or location for which it is issued.
(6)
Any knowingly false statement or any statement which the registrant or applicant should reasonably have known to be false, which is provided in the certificate of registration or any document or information supplied therewith shall be grounds for rejection, suspension or revocation of the certificate of registration.
(7)
It is a violation of this chapter for the owner or person in control of any property to establish or operate an adult use without having in force a certificate of registration complying with this section.
F.
Prohibition regarding public observation. No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any property not registered as an adult use. This provision shall apply to any display, decoration, sign, show window, screen or other opening.
G.
No more than one of the adult uses as defined above shall be located on any lot.
§ 123-125 Limitation on accessory buildings.
No more than one accessory building shall be constructed on a lot, except when authorized by the Town Board.
§ 123-126 Uses subject to a special permit in all districts.
A.
Operation of radio-controlled airplanes. No person, firm or corporation shall use, permit or allow the flying of any fuel-driven or radio-controlled model airplane or airplanes of whatever size or dimension from, on or over any lands situate in the Town of Boston, New York, except where a permit for said use shall have been granted by the Town Board after a public hearing and a determination that said use would not unreasonably conflict with the rights of adjoining owners and the general public; provided, however, that the provisions of this section shall not apply to said use of property by a resident owner or the members of his immediate family.
B.
Dumping of material. It shall be unlawful for any person, firm or corporation to throw, dump or deposit or to permit the throwing, dumping, emptying or depositing on any real property in the Town of Boston of any garbage, building debris, tree stumps, paper, cardboard, wood, plastic material, metal, glass, rags, ashes, lumber, brick, stone, concrete or of any type of garbage or discarded or salvaged material which originates from any source outside of the Town of Boston without first having obtained a written permit from the Town Board of the Town of Boston. Such permit shall continue for a period of one year after the date of issuance thereof, if not sooner revoked by the Town Board. Any original permit which may be issued by the Town Board shall be after public hearing thereon, and upon such conditions and stipulations as the Town Board may require at the time of the issuance of said permit. The requirements specified herein shall not be construed to apply to agricultural or gardening uses of land within the Town.[1]
§ 123-127 Limitation on unlicensed automobiles.
No unregistered or unlicensed automobile or automobile incapable of being registered and inspected shall be stored in any R District, except in a completely enclosed structure; provided, however, that no more than one unlicensed or unregistered automobile may be stored in an R District except in a totally enclosed structure.
§ 123-127.1 Limitation on harboring of dogs.
[Added 7-16-1997 by L.L. No. 5-1997]
Except on property within an R-A District containing three or more acres, no person or organization or other occupant of land shall harbor more than three dogs that are more than six months old for a period exceeding 30 days.
§ 123-128 Prohibition on mixed use.
[Amended 4-17-1991 by L.L. No. 1-1991; 5-20-1998 by L.L. No. 2-1998]
A.
Except as otherwise provided herein only one use shall be permitted on a lot. No residential use shall be permitted on the same lot with a nonresidential use. No residential use shall be permitted on the same lot with a hotel, motel, tourist home, guesthouse, bed-and-breakfast or nursing or convalescent home except for one residence provided for the manager or custodian thereof. This section shall not apply to home occupations or permitted accessory uses as defined in this chapter.
B.
In any R-C or C-1 District, the Town Board, by special use permit, may allow a portion of a single-family, owner occupied dwelling to be connected to a retail sales area for the sale of handicrafts, collectibles and works of art, subject to the following conditions:
(1)
Said sales area shall be operated, in part, by the owner of the single-family dwelling or by a member of the owner's immediate family, residing in the household.
(2)
The special use permit application shall be subject to simultaneous site plan approval by the Town Board in accordance with the applicable provisions of the Town Code.
(3)
The special use permit shall expire on December 31 of the second full calendar year after the date of issuance thereof; and may be renewed by the Town Board for additional three-year periods upon presentation of evidence to the Town Board that all of the conditions required for issuance of the permit continue to be met by the original holder thereof.
(4)
This special use permit shall not run with the land, but shall be specific to the holder thereof and, notwithstanding any provision to the contrary, shall expire immediately upon the sale of the premises; or upon the termination of the use for a period of one year, at any time during the permit period.
(5)
The maximum floor area used for retail sales activities shall not exceed 20% of the floor area of the first floor of the dwelling.
§ 123-128.1 Approval and construction of telecommunications facilities.
[Added 6-16-1997 by L.L. No. 6-1997]
A.
Legislative intent. The Town of Boston recognizes the increased demand for wireless communication transmitting facilities and the need for the services they provide. Often, these facilities require the construction of a communications tower and/or similar facilities in a manner consistent with sound land use planning by: minimizing adverse visual effects of towers and/or similar facilities through careful design, siting, and vegetative screening; avoiding potential damage to adjacent properties from tower failure or falling debris through engineering and careful siting of tower structures; maximizing use of any new and existing tower, or existing building and/or structures to reduce the number of towers and/or similar facilities needed; while also allowing wireless service providers to meet their technological and service objectives.
B. ACCESSORY STRUCTURE ANTENNA COLLOCATED ANTENNAS FALL DOWN ZONE TELECOMMUNICATIONS FACILITIES TOWER
Definitions. As used in this section, the following terms shall have the meanings indicated:
An accessory facility or structure serving or being used in conjunction with a communications tower and/or similar facility, and located on the same lot as the communications tower. Examples of such structures include utility or transmission equipment storage sheds or cabinets.
A system of electrical conductors that transmits or receives radio frequency signals. Such signals shall include, but not be limited to, radio, television, cellular, paging, personal communication services (PCS) and microwave communications.
Telecommunications facilities which utilize existing towers, buildings or other structures for placement of antenna(s) and do not require construction of a new tower.
The radius around a tower within which all portions of the tower and antenna(s) would fall in the event of a structural failure of the tower.
Towers and/or antennas and accessory structures together used in connection with the provision of cellular telephone service, personal communications services, paging services, radio and television broadcast services, and similar broadcast services, except ham radio antennas as defined in this chapter.
[Amended 10-1-1997 by L.L. No. 8-1997]
A structure designed to support antennas. It includes, without limitation, freestanding towers, guyed towers, monopoles, and similar structures which do or which do not employ camouflage technology.
C.
Telecommunications facility permit required.
(1)
A telecommunications facility is permitted only if specifically permitted by a permit granted by the Town Board pursuant to § 123-48B of the Town Code.
(2)
The Town Board shall have the right to waive any provision of this section for facilities whose total height above ground does not exceed 35 feet.
D.
General standards for issuance of permit. No permit or renewal thereof or modification of the conditions of a current permit relating to a telecommunications facility shall be authorized unless such telecommunications facility:
(1)
Is necessary to meet current or expected demands for the services supported by the telecommunications facility;
(2)
Conforms with all applicable regulations promulgated by the Federal Communications Commission;
(3)
Is designed and constructed in a manner which minimizes its visual impact;
(4)
Complies with all other requirements of this chapter;
(5)
Is the most appropriate site within the immediate area for the location of the telecommunications facility. It is preferred that telecommunications facilities be located more than 1,500 feet from the nearest residence property, provided that there is a technologically feasible location available at a commercially reasonable rate.
E.
Collocated antenna preferred. The shared use of existing telecommunications facilities or other structures shall be preferred to the construction of new such facilities. Any application for a telecommunications facility permit or renewal thereof or modification of the conditions of a current telecommunications facility permit shall include proof that reasonable efforts have been made to collocate with an existing telecommunications facility or upon an existing structure. The application shall include an adequate inventory report specifying existing telecommunications facility sites and structures of height exceeding 75% of the height of the proposed tower within a two-mile radius from the proposed site if the application is for cellular telephone or personal communications use, or a five-mile radius for other services, and for cellular telephone or personal communications use, or a five-mile radius for other services, and outlining opportunities for shared use as an alternative to the proposed location. The application must demonstrate that the proposed telecommunications facility cannot be accommodated on all sites in the inventory due to one or more of the following reasons:
(1)
The planned equipment would exceed the structural capacity of existing and approved telecommunications facilities or other structures, considering existing and planned uses for those facilities;
(2)
The planned equipment would cause radio frequency interference with other existing or planned equipment, which cannot be reasonably prevented;
(3)
Existing or approved telecommunications facilities or other structures do not have space on which proposed equipment can be placed so it can function effectively and reasonably;
(4)
Other technical reasons make it impracticable to place the equipment proposed by the applicant on existing facilities or structures;
F.
Tower permit application procedure.
(1)
Application materials. All applicants for a telecommunications facility permit shall make written application to the Town Board, which application shall include the following information:
(a)
Town supplied permit application form to be used as tower permit application form;
(b)
Town supplied environmental assessment form;
(c)
Site plan, in form and content in conformance with the site plan.
[2]
The maximum height of the proposed tower.
[3]
A detail of tower type (monopole, guyed, freestanding, or other).
[4]
The color or colors of the tower.
[5]
The location, type and intensity of any lighting on the tower.
[6]
The property's boundaries. (A copy of a property survey must also be provided.)
[7]
Proof of the landowner's consent if the applicant will not own the property. (A copy of a lease agreement must also be provided if the applicant will not own the property.)
[8]
The location of all structures on the property and all structures on any adjacent property within 50 feet of the property lines, together with the distance of these structures to the tower.
[9]
The names of adjacent landowners.
[10]
The location, nature and extent of any proposed fencing and landscaping or screening.
[11]
The location and nature of proposed utility easements and access road, if applicable.
[12]
Building elevations of accessory structures or immediately adjacent buildings.
[13]
"Before" and "after" propagation studies prepared by a qualified radio frequency engineer (signed and sealed by a professional engineer registered in the State of New York) demonstrating existing signal coverage, contrasted with the proposed signal coverage resulting from the proposed telecommunications facility.
[14]
A search ring prepared by a qualified radio frequency engineer (signed and sealed documents by a professional engineer registered in the State of New York) and overlaid on an appropriate background map demonstrating the area within which the telecommunications facility needs to be located in order to provide proper signal strength and coverage to the target cell. The applicant must be prepared to explain to the Town Board why it selected the proposed site, discuss the availability (or lack of availability) of a suitable structure within the search ring which would have allowed for a collocated antenna(s), and to what extent the applicant explored locating the proposed tower in a more intensive use district. Correspondence with other telecommunications companies concerning collocation is part of this requirement.
[15]
The Town Board, Planning Board or any advisor or consultant, upon reviewing the application, may request reasonable additional visual and aesthetic information as it deems appropriate on a case-by-case basis. Such additional information may include, among other things, enhanced landscaping plans, line-of-sight drawings, and/or visual simulations from viewpoints selected by the Town. Line-of-sight drawings and visual simulations are mandatory for applications within 1,500 feet of R-1, R-2, R-3 or R-C Zoning Districts.
(d)
The applicant must submit a copy of its policy regarding collocation on the proposed tower with other potential applications. Such policy should allow collocation under the following conditions: the new antenna(s) and equipment do not exceed structural loading requirements, interfere with tower space used or to be used by the applicant nor pose any technical or radio frequency interference with existing equipment; the party desiring to collocate pays the applicant an appropriate and reasonable sum to collocate; and the party desiring to collocate has a similar policy of collocation for the applicant.
(e)
A report, prepared by a New York State licensed professional engineer, which, in the case of a tower, describes its height and design, including a cross section of the structure; demonstrates the tower's compliance and applicable structural standards; and describes the tower's capacity, including the number and type of antennas it can accommodate. In the case of an antenna(s) mounted on an existing structure, the report shall indicate the existing structure's suitability to accept the antenna, and proposed method of affixing the antenna(s) to the structure. Complete details of all fixtures and couplings and the precise point of attachment shall be indicated.
(f)
An agreement by the applicant, in writing, to remove the telecommunications facility if such facility becomes technically obsolete or ceases to be used for its originally intended purpose for 12 consecutive months.
(g)
The applicant, at the time of obtaining a building permit, must provide a financial security bond with the Town as assignee, in an amount fixed by the Town Board but not less than $100,000.
(2)
Referral to the Planning Board. Upon receipt of the application material set forth in Subsection F(1) above, the Town Board shall refer the application to the Town Planning Board. The Town Planning Board shall review the site plan and recommend changes, if any, to the Town Board. The Town Board shall consider the application and approve or deny the same in accordance with the procedures and standards set forth therein in § 123-48B and this section.
G.
Each proposed telecommunications facility shall meet the following design requirements:
(1)
Shall be separated from residential dwellings, schools, houses of worship, places of public assembly and designated historical districts by the greater of 1,500 feet to five times the height of the facility. The Town Board may modify this condition if the facility is attached to an existing structure or for other satisfactory reasons supported by expert testimony.
(2)
Shall have the least possible practical visual effect on the environment as determined by the Town Board and shall be less than 150 feet above ground level. Towers, antenna(s) and masts shall not be artificially lighted unless otherwise required by the Federal Aviation Administration or other federal, state or local authority. Towers shall have a galvanized finish, or shall be painted gray above the surrounding treeline and gray or green below the treeline or as decided by the Town Board. Antennas shall have the least obtrusive finish that is technically feasible.
(3)
Shall provide vegetative screening, as determined by the Zoning Board, if the proposed site abuts residential or public property or community facilities.
(4)
Shall include a fall zone surrounding any support towers, which fall zone must have a radius at least equal to the height of such support tower and any antenna(s) attached thereto. The entire fall zone may not include public roads and must be on property either owned or leased by the applicant or for which the applicant has obtained an easement, may not contain any structure other than those associated with the telecommunications facilities, and may not be located within any set back area established by this chapter. If the facility is attached to any existing structure, fall zone requirements may be relaxed by specific permission of the Town Board.
(5)
Towers and auxiliary structures shall be surrounded by a fence or wall at least eight feet in height of a design approved by the Town Engineer so as to make intrusion extremely difficult, but with limited visual impact. Barbed wire is not to be used in residential areas or on public property unless specifically permitted by the Town Board.
(6)
Shall be equipped with an alarm system providing that any intrusion or attempt to climb the fence or wall is signaled to both the New York State Police and to the owner of the facility. There shall be no permanent climbing pegs within 15 feet of the ground on any tower.
(7)
No tower shall contain any signs or advertising devices.
H.
Telecommunications facilities continuing standard. All telecommunications facilities, both predating and antedating this section, shall fulfill the requirements of this section. The Code Enforcement Officer is empowered to enforce these regulations.
(1)
The sufficiency of the facility removal bond shall be confirmed at least every five years by an analysis of the cost of removal and property restoration performed by a New York State licensed professional engineer. The results of such analysis shall be communicated to the Town Board. If the bond amount in force is insufficient to cover the costs of removal, it shall be immediately increased to cover such amount.
(2)
The facility shall be inspected at least every second year for structural integrity by a New York State licensed professional engineer, and a copy of the inspection report submitted to the Town Code Enforcement Officer and the Town Board.
(3)
Any work to augment or repair the facility shall comply with all applicable code requirements, and a building permit shall be obtained to conduct such work.
(4)
Any additional antennas, reception or transmission dishes, or other similar receiving or transmitting devices proposed for attachment to an existing facility shall require review in accordance with this section. The intent of this requirement is to ensure the structural integrity, visual aesthetics, and land use compatibility of communication towers upon which additional antennas, communication dishes, etc. are to be installed. The application for approval to install additional antennas, dishes or other similar receiving devices shall include certification from a New York State licensed professional engineer indicating that the additional device or devices installed will not adversely affect the structural integrity of the facility. A visual impact analysis shall be included as part of the application for approval to install one or more additional communications devices to an existing facility.
(5)
No outside storage of vehicles, materials or waste shall be allowed, except for limited periods when the facility is undergoing additions, repairs or renovations.
(6)
The facility shall be maintained in good order and repair at all times. Paint and other finishes on towers, auxiliary buildings, fences and walls shall be renewed as required to maintain the appearance of the facility. Accumulations of rubbish, papers, etc. on the grounds shall be promptly removed. Trees and shrubs shall be trimmed as necessary and weeds and grass removed from any fenced yards. Access roads are to be maintained in good order; care shall be taken to see that weeds and grass do not grow through its surface. If the road is temporary, its presence shall be obliterated according to a plan provided to and approved by the Building Inspector.
§ 123-128.2 Limitation on special permits for construction of ham radio antennas.
[Added 10-1-1997 by L.L. No. 8-1997]
Any special permit for the construction of a ham radio antenna shall expire on December 31 of the second calendar year following the year in which the permit was issued. Thereafter said special permit may be renewed for a period not exceeding three years, after review and comment by the Planning Board, upon the applicant demonstrating that he or she possesses a valid license, issued by the Federal Communications Commission pursuant to Part 97 of the Regulations of the Federal Communications Commission, and that the antenna is a ham radio antenna as defined by the Zoning Law of the Town of Boston. In the event that the antenna no longer qualifies as a ham radio antenna, said renewal application shall be treated as an application for the construction of a new telecommunications facility as defined in this chapter.