The purpose of this article is to:
A. Minimize the adverse impacts of wireless communication
facilities (hereinafter "WCF") on adjacent properties and residential
neighborhoods;
B. Minimize the overall number and height of such facilities
to only what is essential;
C. Promote shared use of existing facilities to reduce
the need for new ones;
D. Encourage the most appropriate use of the land and
to guide sound development while promoting the health, safety and
general welfare of the Town; and
E. Establish districts in which WCF's may be located.
Wireless communication facilities may only be
located the Town of Salisbury in accordance with this bylaw. To achieve
the above purpose, this section establishes the following Wireless
Communication Districts:
A. Wireless Communication District A. This overlay district consists of all land located in the Light Industrial District (I), and the following parcels located in the Low-Density Residential District (R1), Medium-Density Residential District (R2) and Beach Commercial District, as shown on the Official Zoning Map for the Town of Salisbury: Assessor’s Map 28, Lots 5 and 56 and Assessor’s Map 30, Lot 1. Within this district all of the requirements of the underlying zoning district(s) continue to apply, with the exception of the maximum height allowance, which is established in §
300-123 of this bylaw. The following additional uses shall be allowed:
[Amended 5-14-2007 ATM by Art. 11]
(1)
Indoor WCF's allowed as of right subject to
the dimensional requirements and performance and design standards
of this article;
(2)
Building-mounted WCF's, allowed subject to site
plan review from the Planning Board and the dimensional requirements
and performance and design standards of this article;
(3)
New freestanding WCF's, lattice or monopole
types, allowed subject to a special permit and site plan review from
the Planning Board and subject to the dimensional requirements and
performance and design standards of this article.
(4)
One new attachment WCF, small cell type, allowed subject to
site plan review from the Planning Board and subject to the dimensional
requirements and performance and design standards of this article.
[Added 10-23-2017 ATM
by Art. 22]
(5)
More than one new attachment WCF, small cell type, allowed subject
to special permit and site plan review from the Planning Board and
subject to the dimensional requirements and performance and design
standards of this article.
[Added 10-23-2017 ATM
by Art. 22]
B. Wireless Communication District B. This district consists of the Low-Density Residential District (R1) and the Commercial (C) District, Commercial 4 (C-4) District, Lafayette-Main (LM-A) Subdistrict A, Lafayette-Main (LM-B) Subdistrict B, Lafayette-Main (LM-C) Subdistrict C, Lafayette-Main (LM-D) Subdistrict D, and Lafayette-Main Commercial as shown on the Official Zoning Map for the Town of Salisbury. Within this district all of the requirements of the underlying zoning district(s) continue to apply, with the exception of the maximum height allowance, which is established in §
300-123 of this bylaw. The following additional uses shall be allowed:
[Amended 10-23-2017 ATM
by Art. 22]
(1)
Indoor WCF's allowed as of right subject to
the dimensional requirements and performance and design standards
of this article;
(2)
Building-mounted WCF's allowed subject to site
plan review from the Planning Board and the dimensional requirements
and performance and design standards of this article;
(3)
Monopoles allowed subject to a special permit
and site plan review from the Planning Board and subject to the dimensional
requirements and performance and design standards of this article.
(4)
One new attachment WCF, small cell type, allowed subject to
site plan review from the Planning Board and subject to the dimensional
requirements and performance and design standards of this article.
(5)
More than one new attachment WCF, small cell type, allowed subject
to special permit and site plan review from the Planning Board and
subject to the dimensional requirements and performance and design
standards of this article.
C. Wireless Communication District C. This overlay district consists of all of the Beach Commercial, Commercial 2, and Commercial 3 Zoning Districts and the following parcel located in the Medium-Density Residential District (R2) as shown on the Official Zoning Map of the Town of Salisbury: Assessor’s Map 12, Lot 109. Within this district all of the requirements of the underlying zoning district(s) continue to apply with the exception of the maximum height allowance, which is established in §
300-123 of this Bylaw.
[Amended 10-23-2006 ATM by Art. 5]
(1)
Indoor WCF's allowed as of right subject to
the dimensional requirements and performance and design standards
of this article;
(2)
Building-mounted WCF's allowed subject to site
plan review from the Planning Board and the dimensional requirements
and performance and design standards of this article.
(3)
One new attachment WCF, small cell type, allowed subject to
site plan review from the Planning Board and subject to the dimensional
requirements and performance and design standards of this article.
[Added 10-23-2017 ATM
by Art. 22]
(4)
More than one new attachment WCF, small cell type, allowed subject
to a special permit and site plan review from the Planning Board and
subject to the dimensional requirements and performance standards
of this article.
[Added 10-23-2017 ATM
by Art. 22]
The following performance standards and general
requirements shall apply to all WCF's:
A. Compliance with federal and state regulations. All
WCF's shall be erected, installed, maintained and used in compliance
with all applicable federal and state laws, rules and regulations,
including radio frequency emission regulations as set forth in Section
704 of the 1996 Federal Telecommunications Act.
B. Collocation of WCF's.
(1)
WCF's should be designed to accommodate the
maximum number of users technologically practical. Shared use of freestanding,
building-mounted, or indoor WCF's by commercial carriers may be required
unless such shared use is shown to be not technologically practical.
The intent of this requirement is to reduce the number of separate
facilities which will require location within the community.
(2)
All owners and operators of land used in whole
or in part for a WCF and all owners and operators of such WCF should,
as a continuing condition of installing, constructing, erecting and
using a WCF, permit other public utilities or FCC-licensed commercial
entities seeking to operate a WCF to install, erect, mount and use
compatible WCF equipment and fixtures on the equipment-mounting structure
on reasonable commercial terms; and shall permit reasonable collocation
to the Town of Salisbury of communication systems to support the Town’s
emergency, safety and utility services and the public schools that
serve its children; provided, however, that such collocation does
not materially interfere with the transmission and/or reception of
communication signals to or from the existing WCF, and provided that
there are no structural or other physical limitations that make it
impractical to accommodate the proposed additional WCF or fixtures.
[Amended 5-14-2007 ATM by Art. 11]
C. Removal of abandoned WCF.
(1)
Any WCF that is not operational for a continuous
period of 12 months shall be considered abandoned, and the WCF shall
be removed by the owner of the WCF, and the site restored to its original
condition, within 90 days of receipt of notice from the Building Inspector
notifying the owner of such abandonment.
(2)
If such WCF is not removed within 90 days, such
WCF shall be deemed to be in violation of this Zoning Bylaw and the
appropriate enforcement authority may begin proceedings to enforce
and/or cause removal. If there are two or more users of a single WCF,
then this provision shall not become effective until all users cease
using the WCF.
The following design standards shall apply to
all freestanding WCF's, except for Subsection A, which shall apply
for all exterior WCF's:
A. All exterior WCF equipment and fixtures shall be painted or otherwise
screened or colored to minimize their visibility to occupants or residents
of surrounding buildings, streets and properties and shall blend in
with the landscape or the structures on which they are located or
attached to the extent practical. WCF equipment and fixtures visible
against the sky or other background shall be colored to minimize visibility
against such background. The maximum amount of vegetation shall be
preserved during construction of any WCF.
[Amended 10-23-2017 ATM
by Art. 22]
B. All freestanding WCF's shall be designed to be constructed
at the minimum height necessary to accommodate the anticipated and
future use.
C. To the extent feasible all network interconnections
from any WCF shall be installed underground, or inside an existing
structure.
D. Fencing shall be provided to control access to wireless
communications facilities and shall be compatible with the scenic
character of the Town. Fencing shall not be of razor wire.
E. 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 with Chapter
214, Signs, of the Town Code.
[Amended 10-23-2006 ATM by Art. 5]
F. Night lighting of freestanding WCF's shall be prohibited
unless required by the Federal Aviation Administration. Lighting shall
be limited to that needed for emergencies and/or as required by the
FAA.
G. There shall be a maximum of one parking space for
each freestanding WCF, 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.
H. Accessory buildings and/or storage sheds shall be
limited to one building per use per tower. If more than one use, the
accessory buildings shall be connected by a common wall. Each building
shall not exceed 300 square feet in size and 10 feet in height and
shall be of the same design and color.
[Added 10-23-2017 ATM by Art.
22]
In the event of a modification request of an approved application
which does not demonstrate substantial alterations to the physical
dimensions of the WCF or base station, the applicant shall petition
the Planning Board to review the modifications and the Planning Board
shall not unreasonably deny the request.
The following types of WCF's are exempt from
this bylaw:
A. Amateur radio towers used in accordance with the terms
of any amateur radio service license issued by the Federal Communications
Commission, provided that the tower is not used or licensed for any
commercial purpose.
B. Facilities used by the municipality for the purpose
of public safety.
[Added 5-14-2007 ATM by Art. 11; amended 10-23-2017 ATM by Art. 22]
The Official Zoning Map of the Town of Salisbury
is amended by adopting the Wireless Communications Facilities Overlay
Districts Map dated September 2017, which map is incorporated in and
made a part of this article and is on file with the Town Clerk.