Waltham City Zoning Code
ARTICLE X
Wireless Communications Equipment
Sec. 10.1 Intent and purpose.
It is the intent and purpose of this article to accommodate the communications needs of the general public in the City while protecting the public safety and general welfare of the community by minimizing the adverse visual effects of wireless communication equipment towers, facilities and devices, by providing safeguards for the general public, by avoiding potential damage to adjacent properties and by maximizing the use of existing towers and buildings by encouraging collocation of equipment to accommodate the needs of wireless communication in order to reduce the number of towers needed to serve the community.
Sec. 10.2 Definitions.
10.21.
ABOVE GROUND LEVEL (AGL) — A measurement of height from the natural grade of the location of the wireless communication equipment to the highest point of the structure.
10.22.
ANTENNA — A device, usually a metal rod, dish or panel, for receiving and transmitting electromagnetic signals, including, but not limited to, radio, video, telephone or data transmissions.
10.23.
CAMOUFLAGED — Wireless communication equipment that is disguised, hidden, part of an existing or proposed structure or placed within an existing or proposed structure is considered camouflaged.
10.24.
FACADE-MOUNTED WIRELESS COMMUNICATION EQUIPMENT — Wireless communication equipment that is attached to a vertical wall, exterior surface or ornamental surface, other than the roof, of a building or structure.
10.25.
FALL ZONE — The area on the ground within a prescribed radius from the base of wireless communication equipment. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material.
10.26.
GUYED TOWER — A monopole or lattice tower that is tied to the ground or other surface by diagonal cables.
10.27.
INTERIOR-MOUNTED WIRELESS COMMUNICATION EQUIPMENT — Wireless communication equipment that is wholly within a building or structure.
10.28.
LATTICE TOWER — A type of mount that is self-supporting with multiple legs and cross-bracing of structural steel.
10.29.
MONOPOLE — The type of mount that is self-supporting with a single shaft of metal or concrete and a platform (or racks) for panel antennas arrayed at the top, except for wood shaft mounts, which are not allowed.
10.210.
ROOF- OR TOP-MOUNTED WIRELESS COMMUNICATION EQUIPMENT — Wireless communication equipment that is attached to the primary roof of the building or roof structure, top of a water tank, chimney, utility pole or power line structure steeple.
10.211.
WIRELESS COMMUNICATION EQUIPMENT — A device or other apparatus, fixed at a location, for transmission and reception of telecommunications that performs the function of antennas, together with any supporting structures, equipment and facilities ancillary and/or necessary thereto, including, but not limited to, panel antennas, whip antennas, freestanding monopoles, dish and cone shaped antennas, satellite earth station antennas, personal wireless communication systems facilities, paging service facilities, cellular telephone service facilities, mobile radio service facilities and related equipment boxes.
Sec. 10.3 Design and operating criteria.
10.31.
Wireless communication equipment shall be installed, erected, maintained and used in compliance with all applicable federal and state laws and regulations, including, but not limited to, radio frequency emissions regulations issued pursuant to the Telecommunications Act of 1996, including all successors to such laws and regulations. An applicant seeking to construct or install wireless communication equipment shall submit a report from a qualified engineer or other professional certifying that the proposed equipment meets the requirements of these regulations. This certificate shall be submitted at the time of the building permit application or special permit application.
10.32.
Wireless communication equipment must at all times be maintained in a good and safe condition and comply with all applicable FCC standards and shall be removed within 60 days of the date when all use of such equipment ceases. This provision shall apply to all wireless communication equipment and structures existing on the effective date of this section. Continued compliance with these conditions shall be maintained by the operator of the equipment and the owner of the structure.
10.33.
The height of wireless communication equipment shall not exceed by more than 10 feet (3.01 meters) the height limits of the zoning district in which the facility is proposed to be located, unless the facility is completely camouflaged, such as within a flagpole, steeple, chimney or similar structure; but in no case shall guyed towers, lattice towers or monopoles be greater than 75 feet (22.86 meters) in height. Wireless communication equipment may be located on a building that is legally nonconforming with respect to height, provided that the facilities do not project above the existing building height.
10.34.
In the event that an existing structure is proposed as a mount for wireless communication equipment, the setback provisions of the zoning district shall apply. In the case of preexisting nonconforming structures, wireless communication equipment shall not increase any nonconformities, except as provided in Section 10.35 below.
10.35.
In reviewing a special permit application for wireless communication equipment, the City Council may reduce the required fall zone and/or setback distance by as much as 50% of the required distance, if it finds that a substantially better design will result from such a reduction. In making such a finding, the City Council shall consider both the visual and safety impacts of the proposed use.
10.36.
Any fencing used to control access to wireless communication equipment shall be compatible with the visual character of the structures in the surrounding neighborhood, to the extent possible.
10.37.
Visibility/camouflage.
10.371.
Wireless communication equipment shall be sited, screened and/or painted or otherwise colored or finished to blend in with the building or structure on which it is mounted or in a manner which aesthetically minimizes the visibility of the devices in the surrounding landscape or on the building or structure to which they are attached.
10.372.
When wireless communication equipment extends above the roof height of a building on which it is mounted, every effort shall be made to conceal the facility within or behind existing architectural features to limit its visibility from public ways. Facilities mounted on a roof shall be stepped back from the front facade in order to limit their impact on the building's silhouette.
10.373.
Wireless communication equipment that is facade-mounted shall blend with the existing building's architecture and, if over five square feet (.46 square meters), shall be painted or shielded with material which is consistent with the design features and materials of the building.
10.374.
If wireless communication equipment is not camouflaged from public viewing areas by existing buildings or structures, it shall be surrounded by buffers of dense tree growth and understory vegetation in all directions to create an effective year-round visual buffer. Guyed towers, lattice towers and monopoles shall be provided a vegetated buffer of sufficient height and depth to effectively screen the facility. Trees and vegetation may be existing on the subject property or installed as part of the proposed facility or a combination of both. The City Council shall approve the types of trees and plant materials and depth of the needed buffer based on site conditions during the special permit process.
10.38.
No part of any building-mounted wireless communication equipment shall be located over a public way.
10.39.
Wireless communication equipment shall be lighted only if required by the Federal Aviation Administration (FAA). Lighting of equipment structures and any other facilities on site shall be shielded from abutting properties. There shall be total cutoff of all light at the property lines of the parcel to be developed, and footcandle measurements at the property line shall be 0.0 initial footcandles when measured at grade.
10.310.
Wireless communication equipment on guyed towers, lattice towers or monopoles shall not generate noise in excess of 50 decibels at the property line.
10.311.
Roof- or top-mounted or facade-mounted wireless communication equipment shall not generate noise in excess of 50 decibels at ground level at the base of the building closest to the antenna.
10.312.
Historic buildings.
10.3121.
Any wireless communication equipment located on or within an historic structure shall not alter the character defining features, distinctive construction methods or original historic materials of the building.
10.3122.
Any alteration made to an historic structure to accommodate wireless communication equipment shall be fully reversible.
Sec. 10.4 Wireless communication equipment allowed by right.
10.41.
Equipment used solely for receiving or transmitting wireless communication customary for private residential use, even if such equipment is used in conjunction with nonresidential structures, including, but not limited to, a conventional television or radio antenna, fixed wireless personal communication system, direct broadcast satellite antenna 3.28 feet (1 meter) or less in diameter and multipoint distribution service antenna or home satellite dish of not more than 3.28 feet (1 meter) in diameter or measured diagonally.
10.42.
Equipment owned and operated by an amateur radio operator licensed by the FCC, which device shall be installed at the minimum height necessary for the functioning of amateur radio communication in accordance with the licensing requirements for that location. Such equipment shall be allowed in accordance with the setback requirements for the district in which it is located. No commercial use of equipment or supporting structures which were installed for amateur radio operation is permitted.
10.43.
Municipal antennas. Antennas used strictly for municipal billing purposes relating to the City's water/sewer system shall be permitted on City-owned buildings or structures in any zoning district, provided that they shall not violate the provisions of this chapter relating to height requirements in the particular district in which each such antenna is located. No such municipal antennas shall be authorized in City parkland except to the extent authorized by Act of the General Court.
[Added 7-7-2014 by Ord. No. 33102]
Sec. 10.5 Wireless communication equipment requiring special permit.
10.51.
Interior-mounted wireless communications equipment.
10.511.
Zoning district restrictions.
(a)
Interior-mounted wireless communication equipment is not allowed in Conservation/Recreation Districts.
(b)
Interior-mounted wireless communication equipment is allowed in Residence A-1, Residence A-2, Residence A-3, Residence A-4, Residence B, Residence C, Residence D, Business A, Business B, Business C, Limited Commercial, Commercial and Industrial Districts by special permit of the City Council in accordance with Section 3.5.
(c)
Notwithstanding the foregoing, roof- or top-mounted wireless communication equipment is allowed in Residence A-1, Residence A-2, Residence A-3 and Residence A-4 Districts, provided that all such equipment is set back a minimum distance of 200 feet from all property lines and public ways and is entirely located within a property that has a minimum contiguous area of at least two acres that is used for educational purposes as defined in Section 3.215 that has received full accreditation of a recognized private, state or federal organization upon grant of a special permit of the City Council in accordance with Section 3.5.
[Added 6-11-2018 by Ord. No. 34096]
10.52.
Roof- or top-mounted wireless communication equipment.
10.521.
Zoning district restrictions.
(a)
Roof- or top-mounted wireless communication equipment is not allowed in Residence A-1, Residence A-2, Residence A-3, Residence A-4, Residence B or Conservation/Recreation Districts.
(b)
Roof- or top-mounted wireless communication equipment is allowed in Residence C, Residence D, Business A, Business B, Business C, Limited Commercial, Commercial and Industrial Districts by special permit of the City Council in accordance with Section 3.5.
10.53.
Facade-mounted wireless communication equipment.
10.531.
Zoning district restrictions.
(a)
Facade-mounted wireless communication equipment is not allowed in Residence A-1, Residence A-2, Residence A-3, Residence A-4, Residence B or Conservation/Recreation Districts.
(b)
Facade-mounted wireless communication equipment is allowed in Residence C, Residence D, Business A, Business B, Business C, Limited Commercial, Commercial and Industrial Districts by special permit of the City Council in accordance with Section 3.5.
(c)
Notwithstanding the foregoing, facade-mounted wireless communication equipment is allowed in Residence A-1, Residence A-2, Residence A-3 and Residence A-4 Districts, provided that all such equipment is set back a minimum distance of 200 feet from all property lines and public ways and is entirely located within a property that has a minimum contiguous area of at least two acres that is used for educational purposes as defined in Section 3.215 that has received full accreditation of a recognized private, state or federal organization upon grant of a special permit of the City Council in accordance with Section 3.5.
[Added 6-11-2018 by Ord. No. 34096]
10.54.
Guyed tower, lattice tower and monopole wireless communication equipment.
10.541.
Zoning district restrictions.
(a)
Guyed towers, lattice towers and monopoles are not allowed in Residence A-1, Residence A-2, Residence A-3, Residence A-4, Residence B, Residence C, Residence D, Business A, Business B, Business C or Conservation/Recreation Districts.
(b)
Guyed towers, lattice towers and monopoles are allowed in Limited Commercial, Commercial and Industrial Districts by special permit of the City Council in accordance with Section 3.5. and the requirements below.
10.542.
Equipment shall be no higher than 75 feet (22.86 meters).
10.543.
Equipment shall be set back at least 125 feet (38.1 meters) from the property line. Equipment shall also be setback at least four feet (1.22 meters) for every 1 foot (.3 meter) of antenna height from the nearest residential structure and/or public right-of-way and two feet (6.1 meters) of antenna height from the nearest nonresidential structure. The setback is considered a fall zone.
10.544.
Every special permit issued by the City Council for a new guyed tower, lattice tower or monopole shall be automatically subject to the condition that the permit holder must allow collocation upon the structure by other wireless communication providers upon commercially reasonable terms and conditions and without reasonable delay, if such collocation is technically feasible. It is expressly provided that any requirement imposed by a permit holder which requires the payment of rent in excess of industry standards or which allows the collocation only if the requesting party provides comparable space on one of its structures to the permit holder shall be deemed to be commercially unreasonable.
10.55.
Collocation of wireless communication equipment on existing structures and buildings is encouraged. The applicant for a guyed tower, lattice tower or monopole shall demonstrate that the communication equipment planned for the proposed structure cannot be accommodated on an existing or approved structure or building within a five-tenths-mile (eight-tenths-kilometer) search radius of a proposed structure, for one or more structural, technical, economic or other reasons as documented by a qualified engineer or other qualified professional.
10.56.
Modification or addition of wireless communication equipment, except equipment for the purposes allowed in Section 10.4, will require a special permit by the City Council in accordance with Section 3.5.