(A) There
shall be only one (1) principal structure per residential lot. One (1)
accessory apartment, per statute [Section 4406(D)], or other attached or
detached accessory dwelling for use as a guest house or cottage may be
permitted for a residential lot on which a single family dwelling is the
principal use, subject to conditional use review under Section 5.2, and the
following provisions:
(1) The
residential lot must meet all current density, dimensional and other
requirements for the district in which it is located.
(2) The
accessory dwelling shall meet all setback requirements for the district in
which it is located; or for an accessory dwelling attached to a non-complying structure,
the accessory dwelling shall in no way increase the degree of non-compliance
under Section 3.8.
(3) Floor
space shall not exceed eight hundred (800)
square feet.
(4) The
applicant shall demonstrate that adequate water supply, septic system (Section
3.15) and off-street parking (Section 3.11) capacities exist to accommodate the
residents of the accessory dwelling.
(5) The
permit for the accessory dwelling shall clearly state that the dwelling is an
accessory structure to the single-family residence and shall be retained in
common ownership. An accessory dwelling
may only be subdivided and/or converted for sale or use as a single family
dwelling if it meets all existing municipal and state regulations applying to
single family dwellings, including all density, dimensional and other
requirements for the district in which it is located. Separate permits shall be required prior to subdivision, sale,
and/or conversion.
Agricultural housing which is intended solely to
house farm workers and their families or seasonal or migrant agricultural
workers, and is therefore accessory to the principal agricultural use of a
property, may be approved subject to the following provisions:
(A) Up to
two (2) additional single family dwellings, not including the farm residence,
may be approved as permitted uses under Section 6.4 in designated districts,
subject to the following requirements:
(1) Occupancy is restricted to farm workers and
their families;
(2) The
maximum residential lot set aside (not to be considered a subdivision) shall be
the minimum lot size required for the district in which it is located, and
shall meet all other district requirements pertaining to single family
dwellings, as well as all other applicable state and local regulations.
(3) Adequate
water supply, septic system (in accordance with Section 3.15), and off-street
parking capacity (in accordance with Section 3.11) exist to accommodate
residents.
(4) The
permit shall clearly state that this dwelling is an accessory to the principal
agricultural use of the property and shall be retained in common ownership for
this purpose. An accessory agricultural
dwelling may only be subdivided and/or converted for sale or use as a single
family dwelling separate from the agricultural use if it meets all current
local and state regulations and bylaws applying to single family dwellings,
including all density, dimensional and other requirements of the district in
which it is located. Separate permits shall be required prior to sale and/or
conversion.
(B) Group
housing for seasonal or migrant agricultural workers may be approved in
designated districts subject to conditional use review under Section 5.2 and
the following requirements:
(1) Group
housing shall be located on a maximum set aside (not to be considered a
subdivision) of two (2) acres, and shall meet all other district
requirements for group or multi-family
housing for the district in which it is located, as well as all other applicable
local and state regulations.
(2) The
housing shall be located to minimize adverse impacts to the farming operation,
primary agricultural soils, scenic views and open space, and neighboring
properties. Landscaping and screening
may be required as appropriate.
(3) Occupancy
is restricted to farm workers and their families.
(4) Adequate
water supply, septic system (in accordance with Section 3.15), and off-street
parking capacity (in accordance with Section 3.11) exist to accommodate residents
of the accessory dwelling.
(5) The
permit shall clearly state that this housing is accessory to the principal
agricultural use of the property and shall be retained in common ownership for
this purpose. Such housing may only be
subdivided and/or converted for sale or use as a multi-family dwelling separate from the agricultural use if it
meets all current local and state regulations
applying to multi-family dwellings, including all density, dimensional
and other requirements for the district in
which it is located. Separate permits shall be required prior to sale
and/or conversion.
(A) No
camper shall be parked on any public or private property except in conformance
with the following regulations:
(1) Units
are permitted to be parked in approved campgrounds, sales establishments and,
for temporary periods, on construction sites (see Section 3.14).
(2) One
(1) camper may be permanently parked on a residential lot provided that it is
not located within required setbacks for the district in which it is located;
not occupied for dwelling purposes for more than one hundred fifty (150) days
per calendar year; and is not hooked up to the residential water or septic
system.
(3) Any
camper used for living quarters for more than one hundred fifty (150) days per
calendar year, or is sited so as not to be readily moveable, shall be deemed a
dwelling and shall be subject to all zoning regulations applicable to accessory
or single family dwellings (see Section 4.1).
(B) Any
wastewater or sewage generated by a camper shall be disposed of off-site in
accordance with all applicable state and federal regulations unless it is tied
into a septic system already located on the property.
New campgrounds, and any addition or alteration to
an existing campground shall be subject to conditional use review under Section
5.2 and the following regulations:
(1) A
minimum of five (5) acres is required for new campgrounds, with at least twenty
(20) percent of the total area to be set aside for recreation and open space.
(2) All
campgrounds shall meet minimum setback requirements for the districts in which
they are located. A strip of land at
least twenty-five (25) feet wide shall be maintained as a landscaped area
abutting all property lines and rights-of-way.
No campsite, parking area or
building shall be located in this buffer area. The Development Review Board may reduce or eliminate this
landscaped area provision if such a modification or waiver will make it
possible to preserve a scenic view, providing that privacy for adjacent
property owners is maintained. Additional landscaping and fencing along
property boundaries also may be required as appropriate for screening, security,
and to provide privacy.
(3) Except
for undeveloped, primitive camping areas, campgrounds shall provide for potable
water, lavatory, shower and toilet facilities sufficient to accommodate the
number of proposed campsites. For primitive camping areas it shall be
demonstrated to the Board’s satisfaction that acreage and setbacks are adequate
to support the proposed level of use, and to avoid any adverse impacts to water
quality, natural areas, and adjoining properties and uses.
(4) A
campground shall provide adequate access and parking for each campsite. Collector roads within the campground shall
meet the following minimum standards:
|
Table 4.1 Campground Road
Standards |
||
|
|
One-way
Roads |
Two-way
Roads |
|
Right-of-Way Width |
18 feet |
33 feet |
|
Gravel Depth |
12 inches |
12 inches |
|
Gravel Width |
10 feet |
20 feet |
(5) Every
campground shall maintain a register, available to any authorized person
inspecting the facility or to emergency officials. Said register, which shall contain the names and addresses of all
campground occupants and the date of occupancy, shall be preserved for a period
of at least one (1) year.
(6) Campgrounds
shall comply with all other applicable state and federal regulations.
Gasoline stations may be permitted in designated
zoning districts subject to conditional use review under Section 5.2 and the
following additional provisions:
(A) A new
gasoline station shall not be located within three hundred (300) feet of any
lot occupied by a school.
(B) The
following density and dimensional requirements shall apply:
(1) minimum
lot size: 2 acres
(2) minimum
lot frontage: 200 feet
(3) minimum lot depth: 200 feet
(C)
Garages, accessory structures, pumps, lubricating and other service
equipment shall be set back at least fifty (50) feet from road rights-of-way,
and front, side and rear lot lines. All
fuel and oil shall be stored at least thirty-five (35) feet from all property
lines.
(D) All
automobile parts and dismantled vehicles are to be stored within an
enclosed building or otherwise screened
from view.
(E) There
shall be no more than two (2) access driveways. No access or curb cut shall exceed forty (40) feet in width.
(F)
Canopies, if deemed necessary, shall be limited to the minimum area
required for adequate pump and apron coverage, and the minimum height required
to meet applicable state and federal safety requirements.
(G)
Lighting levels on station aprons, under canopies and in associated
parking areas shall be the minimum required for intended activities. The lighting of such areas shall not be used
for advertising or to attract attention to the business. Lights shall not be mounted on the top or
sides of canopies; and the sides of canopies (fascias) shall not be
illuminated. Light fixtures mounted on
canopies shall either be recessed so that the lens cover is flush with the
bottom surface (ceiling) of the canopy; or for indirect lighting, mounted and
shielded so that direct illumination is focused exclusively on the underside of
the canopy. Outdoor lighting shall also
meet applicable lighting standards under Section 3.10.
(H) Signs
shall meet all requirements of Section 3.13.
No signs may extend beyond the pumps.
(I) Service
station siting, design and layout should be compatible with the character of
the neighborhood. A landscaped area shall be maintained at least
five (5) feet in depth along all road frontage, excluding designated access
areas. Additional curbing, landscaping
and screening, and pedestrian walkways may be required as appropriate.
(J)
Gasoline stations which also
include retail sales unrelated to motor vehicle service, maintenance or repair
(e.g., food, convenience items) shall be reviewed as a mixed use (see Section
4.8) within designated zoning districts, and as such shall be required, in
addition. to meet all zoning provisions pertaining to such retail uses for the
district in which they are located, including but not limited to additional
acreage, frontage, and/or parking requirements.
(A) Home Occupations. In accordance with the Act [Section 4406(3)]
no provision of this bylaw shall infringe upon the right of any resident to use
a minor portion of a dwelling for an occupation which is customary in
residential areas and which does not change the character of the area. Home occupations, as distinguished from
cottage industries under subsection
(B), are allowed as an accessory use in all districts where residential uses
are allowed, subject to the following provisions:
(1) The
home occupation shall be clearly incidental and secondary to the residential
use of the property, and shall be conducted wholly within the principal
dwelling or accessory structures;
(2) The
home occupation shall be carried out on-site by members of the family residing
in the dwelling unit, and no more than two (2) additional, non-resident
full-time equivalent employees.
(3) No
traffic, which would be uncharacteristic of the neighborhood, or additional
wastewater, shall be generated.
(4) Exterior
displays of goods and wares, exterior storage of materials, and other exterior
indications of the home occupation,
which does not substantial alter the residential character of the
principal or accessory structures shall be permitted.
(5) Adequate
off street parking shall be provided to accommodate residents and non-resident
employees, in accordance with Section 3.11 .
(6) The
home occupation shall have no advertised or published regular hours when the
premises are open to the public. One
unlit exterior sign is permitted in accordance with Section 3.13.
(7) The
home occupation shall be subject to all performance standards under Section
3.12.
(B) Cottage Industries. Cottage industries or home-based businesses,
as distinguished from Home Occupations under subsection (A), may be permitted
in designated zoning districts subject to conditional use review under Section
5.2 and the following additional provisions:
(1) The
business owner shall reside on the lot.
(2) The
business shall be carried on within the principal dwelling unit and/or
accessory structure(s), and shall not occupy more than four thousand (4,000)
square feet in gross floor area.
(3) The
residents of the dwelling unit, and no more than four (4) non-resident,
full-time equivalent employees may be employed on-site at any one time.
(4) The
business shall not exceed fifteen (15) round trips per day.
(5) Adequate
off-street parking shall be provided for all residents and employees in
accordance with Section 3.11.
(6) There
shall be no storage of hazardous waste or materials on-site unless stored in an
approved enclosure; fuel storage shall be limited to that needed for heating,
and the operation of equipment and vehicles associated with the business.
(7) The
business shall be visually compatible with neighboring lots and uses;
landscaping and screening may be required as appropriate. In addition, screening may be required for
any outdoor storage of materials including building or construction materials,
unregistered vehicles or heavy equipment..
(8) On-site
wholesale and/or retail sales shall be limited to products produced or
assembled on premises.
(9) The
business shall not result in hazards to public safety and welfare or to
neighboring properties, and shall be subject to applicable lighting standards
under Section 3.10 and performance standards included under Section 3.12. Conditions may be placed on the hours of
operation as appropriate.
(10) If
the business generates wastewater in excess of that permitted for residential
use, a wastewater permit shall be required in accordance with Section 3.15.
(11) The
permit for a cottage industry shall clearly state that the industry is a
home-based business, which is accessory to the principal residential use, and
shall be retained in common ownership and management. A cottage industry may be subdivided and/or converted for sale or
use apart from the residential use only if it meets all current municipal and
state regulations and bylaws pertaining to such use (see Light Industry,
Section 4.7), including all density,
dimensional, and other requirements for the district in which it is
located. Separate permits shall be
required as appropriate prior to subdivision, sale and/or conversion.
(A) Light
Industry [as distinguished from cottage industries under Section 4.6(B)] may be
permitted in designated zoning districts subject to conditional use review
under Section 5.2, and conformance with the following provisions:
(1) The
minimum lot size per industrial use shall be not less than two (2) acres; gross
floor area shall not exceed twelve thousand
(12,000) square feet.
(2) Overall
building height shall not exceed thirty-five (35) feet; however the height of
individual attached structural components may exceed thirty-five (35) feet, subject to Development Review Board
review under Section 3.6.
(3) All
light industry shall meet minimum setback requirements for the district in
which it is located. In addition, a strip of land at least fifty (50) feet in
depth shall be maintained as a landscaped buffer area along all property lines
and rights-of-way. No building or other
structure shall be located in this buffer area. Landscaping and fencing along property boundaries also may be
required as appropriate for screening, safety and security.
(4) Industrial
uses are limited to those manufacturing, fabrication or processing activities
which produce no noise, vibration, noxious omissions, air or water pollution,
fire or explosion hazard which would endanger or disturb neighboring
properties. Such uses must comply with
all performance standards under Section 3.12; additional conditions may be
imposed by the Development Review Board as appropriate to protect public
health, safety, and welfare, municipal facilities and services, and other
public investments.
(5) All
aspects of the industrial process shall be carried out within the principal
building. Accessory structures are to
be used only for the storage of equipment and materials, or accessory uses such
as office space.
(6) Light
industry shall have frontage on public roads or access to such roads from a
private industrial development road or
driveway, which does not serve residential properties.
(7) Light industry shall meet
all other applicable provisions of this bylaw, including but not limited to
parking standards (Section 3.11), outdoor lighting standards (Section 3.10) and
wastewater standards (Section 3.15).
(8) Light
industry shall meet other applicable state and federal regulations. Evidence
of compliance with state and federal
regulations may be required prior to the issuance of a zoning permit by the
Administrative Officer.
(9) Light industry that
also includes on-site retail sales or is otherwise open to the public (e.g.,
for tours) shall be reviewed as a mixed use, and as such be required in
addition to meet all zoning provisions pertaining to such retail uses for the
district in which it is located, including but not limited to additional
acreage, frontage, and/or parking requirements.
In designated districts, more than one (1) use may
be permitted within a single building or on a single property subject to
conditional use review under Section
5.2 and the following provisions:
(1) Each
of the proposed uses is otherwise allowed as permitted and/or conditional uses
in the district in which the mixed use is proposed.
(2) The
combined uses meet all applicable standards for the district in which the mixed
use is proposed, including minimum setbacks and frontage, maximum lot coverage,
minimum lot size and any specific use standards set forth in Article IV.
(3) The
combined uses shall meet all applicable standards as set forth in this bylaw,
including but not limited to access
requirements under Section 3.1, parking (Section 3.11) and wastewater (Section
3.15) requirements as determined based on the cumulative demand for all
proposed uses.
It shall be unlawful to park, place, maintain or
permit more than two mobile homes on any lot for residential use except in a
mobile home park duly approved under this section. This section shall not apply to campers regulated under Section
4.3, mobile homes on lots, which meet
the zoning requirements for single family or accessory dwellings (Section
4.1)for the district in which they are located, or mobile homes on an approved
sales lot. The construction, expansion
or alteration of a mobile home park may be permitted within designated zoning
districts subject to conditional use review under Section 5.2, and the
following provisions:
(A) A mobile
home park shall have a contiguous area of not less than five (5) nor more than
thirty (30) acres. The maximum density
of any mobile home park shall not exceed an overall average of one (1) mobile
home per acre unless otherwise permitted subject to Planned Residential or
Planned Unit Development (PRD, PUD) provisions
under Section 5.4.
(B) A strip
of land at least fifty (50) feet wide shall be maintained as a landscaped area
abutting all mobile home park boundary lines.
No mobile home unit or office, utility or service building may be placed
within this buffer area. The
Development Review Board may reduce or eliminate this landscaped area
requirement if such modification or waiver will make it possible to preserve a
scenic view, provided that privacy for adjacent property owners can be
maintained. Additional landscaping and
fencing along property boundaries also may be required as appropriate for
screening, security, and to provide privacy.
(C) The
following minimum dimensional requirements shall apply to each mobile home lot:
(a) lot size: 20,000 square feet
(b) lot frontage: 50 feet (along a mobile
home park road).
(c) lot depth: 125
feet.
(d) setback from park/access road: 25 feet
(e) setback from lot lines: 15
feet
(D) All
roads within the mobile home park shall be constructed to Town road standards;
pedestrian walkways shall also be provided as appropriate.
(E) A
suitable nonporous pad at least four (4) inches thick shall be provided for
each mobile home lot.
(F) Sewage
disposal, water supply and garbage facilities, to be supplied and maintained by
the park owner, shall comply with state
regulations. All electric, telephone
and other utility lines shall be buried underground, unless the applicant can
demonstrate that due to site conditions an unreasonable financial hardship will
be created. A municipal wastewater disposal permit shall be required in
accordance with Section 3.15.
(G) At least
fifteen (15) percent of the total land area shall be set aside and maintained
for common recreational use.
Conditions with regard to the ownership, use and maintenance of such
land may be imposed as appropriate.
This requirement may be reduced or waived if a central recreation
building or other developed recreational facility of sufficient size to accommodate simultaneous use by the occupants
of the park is provided.
(H) A
minimum of two parking spaces per mobile home lot shall be provided. Each parking space shall be at least nine
(9) feet by twenty (20) feet.
(A) Pursuant to the Act [Section 4409(a)], adequate provisions have been made within this bylaw for the location of the following public facilities in designated zoning districts, as listed specifically, or under various use classifications, which are subject to all applicable provisions of this bylaw:
(1) public
utility power generating plants and transmission lines;
(2) state
or community owned and operated institutions and facilities;
(3) public
and private schools and other educational institutions certified by the Vermont
department of education;
(4) churches,
convents, and parish houses;
(5) public
and private hospitals;
(6) regional
solid waste management facilities certified by the state; and
(7) hazardous
waste management facilities for which a notice of intent to construct has been
received under state law [10 V.S.A. Section 6606a].
(A)
For
those public facilities subject to conditional use review under Section 5.2,
the following additional standards shall be considered:
(1) Unsightly
or incompatible land uses, such as substations, parking lots, and refuse areas,
shall be screened with appropriate landscaping materials suitable to withstand
weather conditions, compatible with soil conditions and capable to light
conditions.
(2) Adequate
circulation, parking, and loading facilities shall be provided in accordance
with Section 3.11 with particular consideration given to visibility at
intersections, traffic flow and control, pedestrian safety, and access in case
of an emergency.
(3) To
protect the privacy of adjoining property owners, additional yard space or
increased setbacks from the property line may be required in addition to that
established for the particular district or use.
(4) The
density, size, height, or bulk of buildings may be increased or decreased as
needed, in conformance with district and use requirements, to ensure
compatibility with established patterns of land use.
(5) Other
applicable provisions of this bylaw, including but not limited to outdoor
lighting standards (Section 3.10), performance standards (Section 3.12), and
wastewater disposal standards (3.15) shall apply.
New or expanded commercial salvage and junk yards
may be permitted within designated zoning districts subject to review and
approval by the Fletcher Select Board under separate state statute [24 V.S.A.,
Chapter 61, Subchapter 10 Section], conditional use review under Section 5.2,
and the following provisions:
(1) A
minimum of three (3) contiguous acres
shall be required for new yards. No yard
shall exceed ten (10) acres in area or extent.
(2) Yards
shall be set back at least one hundred (100) feet from all property lines, road
rights-of-way, surface waters, and wetlands; required setbacks may be increased
as appropriate based on specific site conditions, and to protect water quality
and neighboring properties.
(3) Yards
shall be screened year-round from public view; additional landscaping, fencing
or other forms of screening may be required as appropriate.
(4) Yards
shall be secured as necessary to protect public health, safety, and welfare,
and neighboring properties.
(5) Exterior
lighting shall be the minimum required for security and safe operation; general
lighting standards under Section 3.10 shall apply.
(6) All
performance standards under Section 3.12 shall apply.
(7) The
on-site storage of materials shall not adversely affect surface, ground or
drinking water supplies, or other identified natural, cultural, or scenic
features on-site, or in the vicinity of the yard.
(8) Conditions
and limitations may be imposed with regard to traffic generated, hours of operation, and the on-site storage of
hazardous materials in order to protect neighboring properties, public
infrastructure including roads, and the character of the area in which the yard
is located.
(9) All
materials shall be removed from the site within twelve (12) months of the
cessation or abandonment of operations; and the site shall be restored to a
safe, usable condition. Site
restoration, including the clean up and disposal of hazardous materials, shall
be subject to all applicable state and federal regulations. A site restoration plan may be required.
(A) Land Filling. Any major land filling operation which would cause a substantial
change in the rate or direction of drainage, shall be permitted only
upon approval by the DRB, subject to conditional use review under Section 5.2
and state referral requirements for wetlands and floodplains as appropriate
under Sections 2.4 and 6.4(E). The
Board shall consider existing and proposed grades, and the materials to be
used; and may impose appropriate conditions and safeguards to minimize any
adverse effects on-site or to other properties, with respect to the following:
(1) drainage,
runoff, and the potential for erosion and/or siltation;
(2) ground
and surface waters;
(3) wetlands,
floodplains, shorelands, wildlife habitat and other natural features;
(4) roads,
culverts, bridges and other infrastructure;
(5) cultural,
historic or scenic features.
(B) Extraction and Quarrying. The
removal or extraction of topsoil, rock, sand, or gravel or other similar
material for commercial purposes, except where incidental to or in connection
with the construction of a building or other allowed use, may be permitted in
designated districts subject to conditional use review under Section 5.2, and findings that the proposed operation shall
not cause any hazard to public health and safety, or otherwise adversely affect
neighboring properties, property values, public facilities and services,
surface and ground water supplies, and/or natural, cultural, historic or scenic
features. In granting approval, the DRB
may consider and impose conditions with respect to the following factors as it
deems appropriate:
(1) depth
of excavation or quarrying;
(2) slopes
created by removal;
(3) effects
on surface drainage on and off-site;
(4) storage
of equipment and stockpiling of materials on-site;
(5) hours
of operation for blasting, trucking, and processing operations;
(6) effects
on neighboring properties due to noise, dust, or vibration;
(7) effects
on traffic and road conditions, including potential physical damage to public
highways;
(8) creation
of nuisances or safety hazards;
(9) temporary
and permanent erosion control;
(10) effect
on ground and surface water quality, and drinking water supplies;
(11) effect
on natural, cultural, historic, or scenic resources on-site or in the vicinity
of the project;
(12) effect
on agricultural land;
(13) public
safety and general welfare; and
(14) site reclamation.
(C) Application Requirements. The application for conditional use permits
under this Section shall include
erosion control and site reclamation plans showing existing grades, drainage
and depth to water table; the extent and magnitude of the proposed operation
including proposed project phasing; and finished grades at the conclusion of
the operation.
(D) Surety Requirement. In accordance with
the Act [Section 4407(8)] a performance bond, escrow account, or other surety
acceptable to the select board shall be required to ensure reclamation of the
land upon completion of excavation projects, to include any regrading,
reseeding, reforestation or other reclamation activities that may be
required. Per statue, this provision
specifically does not apply to mining or quarrying operations; however upon
failure of the permit holder, their successors or assigns to complete site
reclamation as required, the town may take legal action as appropriate to
ensure site reclamation and cost recovery.
(A) New or
expanded telecommunication facilities, including but not limited to towers and
accessory structures; may be permitted in designated zoning districts subject
to conditional use review under Section 5.2 and the following provisions:
(1) A
proposal for a new tower shall not be permitted unless it is determined by the
Development Review Board that the equipment planned for the proposed tower
cannot be accommodated on an approved tower or existing building or structure.
(2) All
new towers shall be designed structurally, electrically and in all respects to
accommodate both the applicant’s antennas and comparable antennas for at least
one additional user if the tower is less than or equal to seventy-five (75)
feet in height, and two (2) additional, compatible users if it exceeds
seventy-five (75) feet in height.
Towers must be designed to allow for the future rearrangement of
antennas, and to accept antennas mounted at varying heights.
(3) All
towers, including attached antennae, shall not exceed one hundred (100) feet in
height as measured from the lowest grade at ground level to the top of the
highest structure or component.
(4) No wireless telecommunication site shall be located within two hundred (200) feet of an existing residence.
(5) Towers
shall be set back from all property lines and
public rights of-way for a distance equaling their total height,
including attached antennas, unless otherwise permitted by Development Review
Board:
(a) if tower design and construction
guarantees that it will collapse inwardly upon itself, and no liability or risk
to adjoining or public property shall be assumed by the municipality; or
(b) to allow for the integration of a tower
into an existing or proposed structure such as a church steeple, light
standard, utility pole, or similar structure, to the extent that no hazard to
public health, safety or welfare results.
(6) Tower
construction and wiring shall meet all state and federal requirements,
including but not limited to FCC requirements for transmissions, emissions and
interference. No telecommunication
facility shall be located or operated in such a manner that it poses a
potential threat to public health or safety.
(7) New
towers shall be located to minimize their visibility. No tower shall be located on an exposed ridgeline or
hilltop. New or modified towers and
antennae shall be designed to blend into the surrounding environment to the
greatest extent feasible, though the use of existing vegetation, landscaping
and screening, the use of compatible materials and colors, or other
camouflaging techniques. Commercial
wireless towers shall be of a monopole design unless it is determined that an
alternative design would better blend into the surrounding environment.
(8) Towers
shall be enclosed by security fencing at least six (6) feet in height, and
shall be equipped with appropriate anti-climbing devices.
(9) Towers
shall not be illuminated by artificial means and shall not display strobe
lights unless such lighting is specifically required by the Federal Aviation
Administration or other federal or state authority for a particular tower.
(10) The
use of any portion of a tower for signs other than warning or equipment
information signs is strictly prohibited.
(11) All
utility buildings and structures accessory to a tower shall be designed to
aesthetically blend in with the surrounding environment and meet all other
minimum requirements for the district in which they are located. Ground-mounted equipment shall be screened
from view. Setback, landscaping and
screening requirements may be increased as appropriate to site conditions, and
to protect neighboring properties and uses.
All utilities proposed to serve a telecommunications site shall be
installed under ground.
(12) All
abandoned or unused towers and associated facilities shall be removed within
twelve (12) months of the cessation of operations at the site, and the site
shall be restored to its original appearance.
A copy of the relevant portions of any signed lease, which requires the
applicant to remove the tower and associated facilities, shall be submitted at
the time of application. A bond or
other acceptable form of surety may be required to ensure tower removal and
site reclamation.
(B) In
addition to the site development plan required under Section 5.2, applications
for new towers shall also include the following:
(1) a
report from a qualified and licensed professional engineer which describes
tower height, construction design and
capacity, including cross-sections, elevations, potential mounting locations,
and fall zones;
(2) information regarding the availability of
existing towers and buildings located within the site search ring for the
proposed site, including written
documentation from other tower owners within the search ring that no suitable
sites are available;
(3) a letter of intent committing the tower
owner and his/her successors to allow the shared use of the tower if an
additional user agrees in writing to meet reasonable terms and conditions for
shared use;
(4) proof
that the proposed tower shall comply with all requirements of the Federal
Communications Commission, and the Federal Aviation Administration;
(5) any
additional information needed to determine compliance with the provisions of
this bylaw.
(C)
Notwithstanding the requirements of subsection (A), wireless
telecommunications equipment to be mounted on existing towers, utility poles,
or other structures may be permitted in any District by the Administrative
Officer without conditional use review provided that:
(1) no
changes are made to the height or appearance of such structure except as
required for mounting;
(2) the
height of the antenna as mounted does not exceed height requirements under
Section 3.6;
(3) no
panel antenna shall exceed seventy-two (72) inches in height or twenty-four
(24) inches in width;
(4) no
dish antenna shall exceed three (3) feet in diameter;
(5) any
accompanying equipment shall be screened from public view.
(D) The
following are specifically exempted from the provisions of this Section:
(1) A
single ground or building mounted radio or television antenna or satellite dish
not exceeding three (3) feet in
diameter which is intended solely for residential use, and does not, as
mounted, exceed fifty (50) feet in
height above the lowest grade at ground level.
(2) A
citizens band radio antenna or antenna operated by a federally licensed amateur
radio operator which does not exceed a height of fifty (50) feet above the lowest grade at ground level,
whether free standing or mounted, and which meets all setback requirements for
the district in which it is located.