City of Taunton, MA Article VIII Special Provisions

§ 440-801 Rooftop activity and equipment.

Rooftop activity and equipment, including ventilators, on hospitals, medical clinics, laboratories and other research facilities shall be housed in a fully enclosed building or screened so as not to be visible from off the lot, and no noise or odors shall be created which are discernible beyond the boundaries of the lot.

§ 440-802 Detrimental effects prohibited.

A. No professional, artistic or retail mercantile activity, including processing on the premises of products, shall be noxious, offensive or detrimental to the neighborhood or the City.

B. Accessory uses shall not be detrimental or dangerous to the neighborhood or the City.

C. Assembly, disassembly, manufacture, repair, or maintenance of property, whether sold upon said premises or elsewhere, shall not be accompanied in the usual course of said activity by any regular, intermittent, or sporadic odor, noise, vibration, smoke or noxious vapor perceptible at any point beyond the boundary lines of said premises without the use of a mechanical device.

D. Certification of nondetrimental effect. An application for any manufacturing, processing, warehousing or commercial nonretail activity or for a permit to build or to alter or establish any activity in an Industrial District must show in writing or by other exhibits attached to such an application that the proposed building, alteration or activity will not be noxious, offensive or detrimental to abutters, to the neighborhood or to the City by reason of special danger of fire or explosion, pollution of waterways, emission of corrosive, toxic or noisome fumes, gas, smoke, soot, obnoxious dust, disagreeable odors, offensive noises or other objectionable characteristics, such as, but not limited to, glare of lights at night, heavy vibration or noise.

§ 440-803 Auto body work.

Auto body repair or painting places shall be in buildings and not outdoors. Also, except for instances required by legal action, vehicles may only be stored on site for a maximum of 90 days.

§ 440-804 (Reserved) [1]

[1] Editor's Note: Original § 8.4, Mobile homes, was renumbered 6-23-2015. See now § 440-1102.

§ 440-805 Solar panels.

Solar panels exceeding two square feet in area are not permitted in any front yard, on any face of a building or structure facing a street unless integrated with the ordinary construction of said building or structure, and/or in view of any adjacent street, except roof-mounted solar panels as set forth below.

A. Ground-mounted solar panels shall:

(1) Be located in a side or rear yard only.

(2) Not exceed eight feet in height above the ground.

(3) Be fully screened from adjacent properties by fencing or a combination of evergreen and deciduous plantings.

(4) Be considered accessory structures for determining setback requirements.

B. Roof-mounted solar panels.

(1) Permitted roof-mounted solar panels shall include integrated solar panels as the surface layer of the roof structure with no additional apparent change in relief or projection (the preferred installation) or separate flush-mounted solar panels attached to the roof structure.

(2) Separate flush-mounted solar panels shall be located on a rear or side facing roof, as viewed from any adjacent street, unless such installation is proven to be ineffective or impossible. The removal of potential obstructions such as interceding vegetation shall not be sufficient cause for permitting a front-facing roof installation.

(3) Separate flush-mounted solar panels installed on a building or structure with a sloped roof structure shall not project vertically above the peak of the roof to which they are attached or project vertically more than five feet above a flat roof installation.

§ 440-806 Wind energy systems.

A. Capacity.

(1) Small wind energy system. A small wind energy system has a maximum capacity of 10 kilowatts or less.

(2) Large wind energy system. A large wind energy system has a capacity in excess of 10 kilowatts.

B. Small wind energy systems shall be considered accessory uses and are allowable in all districts provided all of the requirements and restrictions of this section are met. No more than one small wind energy system is permissible per lot.

C. Large wind energy systems are prohibited on lots less than five acres in size in all residential districts and shall require a special permit from the Zoning Board of Appeals in all other instances.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

D. Height. The maximum allowable height for wind energy systems shall not exceed the maximum height requirement for the zoning district as specified in § 440-603, except that a maximum allowable height in excess of the maximum height requirement for the zoning district as specified in § 440-603 shall require a special permit from the Zoning Board of Appeals.

E. Clearance. There shall be a minimum ten-foot clearance from the ground to any moving part.

F. Location. No wind energy system shall be placed in the front yard.

G. Setbacks. The setback for all wind energy systems shall be equal to the height of the system including the blades at their highest point.

H. Sound. In all residential districts the maximum decibel level at the property line shall be 50 decibels. In all nonresidential districts, the maximum decibel level at the property line shall be 65 decibels.

I. Additional requirements.

(1) Turbines must have an automatic brake or other device to prevent over-speeding from exerting pressure on the tower structure.

(2) Wind systems shall not be used for advertising except for the identification of the manufacturer or operator.

(3) Wind systems are not to be artificially lighted unless required by the Federal Aviation Administration.

(4) Materials, colors, textures, screening and landscaping must blend the facility into the natural setting and existing environment.

§ 440-807 Wireless communication facilities.

A. Purpose. It is the intent of this section to preserve the safety, character, appearance, property values, natural resources and historic sites of the City, to mitigate any adverse visual effects through proper design, location, and screening of structures, and to encourage the co-location of antennas where feasible in order to minimize the total number of sites required in a manner consistent with the provisions of Sections 253 and 704 of the Federal Telecommunications Act of 1996.

B. Scope. This section shall apply to all wireless communication antennas and towers and related equipment, fixtures, and enclosures, including modifications to any of the preceding, but shall not apply to fire, police, ambulance and other safety communication antennas, amateur (ham) radio or citizens band radio antennas, or to nontransmitting television antennas.

C. Definitions. As used in this section, the following terms shall have the meanings indicated:

WIRELESS COMMUNICATION ANTENNA

One or more antennas or panels which facilitate the provision of wireless communication service, including accessory equipment and cables, mounted on an existing building or structure, that do not create or increase a nonconformance in the height or setback of the building or structure upon which the antenna or panel is located.

WIRELESS COMMUNICATION FACILITY

A freestanding tower or monopole, or an antenna array attached to an existing building or structure that has the effect of increasing the height of the existing building or structure, including accessory antennas, structures, cables and equipment, if any, that facilitate the provision of wireless communication service.

WIRELESS COMMUNICATION SERVICE

The provision of the following types of services: cellular telephone service, personal communications and enhanced specialized mobile radio service.

D. Use regulations. A wireless communication facility and a wireless communication antenna shall require a building permit in all cases. Wireless communication facilities and antennas that are located on historic structures or within a historic district shall receive approval from the Historic District Commission. Wireless communication facilities and antennas may be permitted as follows:

(1) A wireless communication antenna as defined in Subsection C shall be allowed by right in all districts and shall require a departmental site plan review in accordance with the requirements and review criteria of this chapter.

(2) A wireless communication facility as defined in Subsection C shall require a special permit and a full site plan review from the Municipal Council in the districts specified in § 440-502, Use regulations, and shall be prohibited in all other districts and shall comply with the requirements and review criteria of this chapter.

E. Requirements and design standards.

(1) Wireless communication antenna.

(a) Location. Wireless communication antenna may locate on any conforming or legally nonconforming building or structure, provided that the building or structure does not become nonconforming or more nonconforming with respect to height and setback requirements.

(b) Accessory equipment and cables. Equipment shelters shall not exceed 200 square feet in size and shall be shielded from view in a manner that preserves the architectural and historic character of the structure. Cables shall be located underground or within the structure wherever possible unless determined unfeasible by the Building Commissioner.

(c) Color. Wireless communication antennas shall be painted or constructed of materials to match the color of the building material directly behind them. To the extent that any wireless communication antenna extends above the height of the vegetation and structure upon which it is mounted, the wireless communication antenna shall be painted in a light gray or light blue hue which blends with the sky and clouds unless a determination is made by the Development Impact Review Board that a more appropriate color scheme is preferred.

(d) Lighting. Night lighting at ground level for security purposes shall be shielded from abutting properties with a resulting footcandle measurement of 0.0 at the property line when measured at grade. Lighting on the tower structures shall be prohibited unless required by state or federal law and shall be the minimum and least intrusive necessary.

(e) Signs. Signs shall be limited to those needed to identify the property and the owner and warn of any danger.

(2) Wireless communication facility. The following requirements shall be required for wireless communication facilities:

(a) No more than one tower shall be allowed per lot. In addition, a tower and all accessories and cables, including guy wires and bases, shall be located on the same lot.

(b) The height of a tower or monopole shall be allowed to exceed the maximum height in feet required in each district as specified in § 440-603, provided that no tower shall exceed a maximum height of 150 feet from preconstruction grade level. The height of the tower shall be subject to approval by the special permit granting authority and shall be the minimum height necessary.

(c) Towers shall be located on the lot so that the distance from the bottom of the tower to any adjoining property line or supporting structure of another tower is a minimum of 100% of the tower height.

(d) All communication towers over 100 feet in height shall be certified by a registered engineer that the tower will withstand winds of 100 miles per hour. The certification shall be delivered to the Building Department.

(e) There shall be a minimum of one parking space for each new facility, to be used in connection with the maintenance of the facility and the site and not to be used for the permanent storage of vehicles. Additional parking shall not be required for roof-mounted antennas, facade-mounted antennas or for the addition of antennas or panels to a tower.

(f) Accessory structures housing equipment shall be appropriately screened from view in accordance with the direction of the departmental site plan review, full site plan review and/or special permit.

(g) Accessory structures shall not exceed 400 square feet in size and 15 feet in height. One structure shall be permitted for each antenna array located on the tower.

(h) Suitable fencing may be required around the base of the tower and accessory structures for security purposes.

(i) 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.

(j) All network connections from the communications site shall be via underground land lines except to the extent that underground land lines are not feasible in the reasonable determination of the permit granting authority.

(k) Night lighting at ground level for security purposes shall be shielded from abutting properties with a resulting footcandle measurement of 0.0 at the property line when measured at grade. Lighting on the tower structures shall be prohibited unless required by state or federal law and shall be the minimum and least intrusive necessary.

(l) Towers shall be painted a neutral, nonreflective color designed to blend with the surrounding environment.

(m) Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation, and maintenance of the facility. Additional landscaping may be required if it is determined by the special permit granting authority that additional landscaping will mitigate adverse aesthetic impacts created or increased by the facility.

(n) The applicant shall file with the City a copy of the environmental assessment (EA) required under the National Environmental Policy Act (NEPA) and administered by the FCC or a letter from the FCC stating that a filing is not required.

(o) Other requirements may be imposed in cases where the special permit granting authority determines that additional requirements are necessary to preserve the public health, safety and welfare.

F. Special permit review and approval.

(1) In addition to the findings necessary to grant a special permit outlined in Article III of this chapter, the following findings are required to approve the application for a wireless communication facility:

(a) The location of the facility and/or antenna is suitable and the size, height, and design are the minimum necessary for that purpose.

(b) The proposed facility and/or antenna will not adversely impact historic structures or scenic views.

(c) There are no feasible alternatives to the proposed facility and/or antenna (including co-location) that would minimize their impact and the applicant has exercised good faith in permitting co-location of facilities at the site.

(d) The proposed facility and/or antenna is in compliance with federal and state requirements regarding aviation safety.

(2) Any proposal that does not meet the requirements of this chapter shall be denied.

G. Abandonment or discontinuance of use.

(1) If a licensed carrier plans to abandon or discontinue operation of a wireless communication facility or wireless communication antenna, such carrier shall give 30 days' notice by certified mail to the City of Taunton through the City Planner's office of the date of such abandonment or discontinuance. If a licensed carrier fails to give such notice, the wireless communication facility or wireless communication antenna shall be considered abandoned upon discontinuance of operations unless determined otherwise by the Municipal Council. In addition, a yearly inspection report on the condition of the tower and all supporting and accessory equipment shall be submitted to the special permit granting authority for any discontinuance of use that exceeds a period of two years and occurs with the proper notice to the City. This inspection shall be completed and stamped by a registered engineer. If the special permit granting authority determines that the public health, safety, or welfare is threatened by the structure, the structure shall be determined to be abandoned and removed accordingly. Failure to submit the inspection report on a yearly basis shall result in the facility being considered abandoned unless determined otherwise by the Municipal Council.

(2) Upon such abandonment of use, the carrier shall physically remove the wireless communication facility or wireless communication antenna within 90 days from the date of abandonment. "Physically remove" shall include, but not be limited to:

(a) Removal of antennas, mounts, and equipment shelters and security barriers from the property.

(b) Proper disposal of the waste materials from the site in accordance with applicable solid waste disposal regulations.

(c) Restoring the location of the abandoned facility or antenna to its natural condition, except that any landscaping and grading shall remain in its existing condition.

(3) If a carrier fails to remove the abandoned facility or antenna in accordance with this section, the City shall have the authority to enter the subject property and physically remove the facility or antenna. The special permit granting authority may require the applicant to post and maintain a passbook at the time of construction to cover 150% of the costs of removing the structures to be erected in the event that the City must remove the facility.