4.11.1 Purpose:
This bylaw is adopted for the regulation and restriction of the construction, erection, installation, placement and/or use of Wireless Service Facilities and the protection of the general public from the impacts associated with Wireless Service Facilities. It is the purpose of this bylaw to: (1) minimize the adverse impacts of wireless communications facilities on adjacent properties and residential neighborhoods; (2) limit the overall number and height of such facilities; (3) encourage the most appropriate use of the land; (4) promote shared use of existing facilities to reduce the need for additional facilities and (5) guide sound development while promoting the health, safety and general welfare of the Town consistent with applicable federal law. This bylaw is intended to be used in conjunction with any and all other
applicable bylaws and regulations adopted by the Town. (10_29_98, Art. 20)
4.11.2 Applicability:
The provisions of other sections of this zoning bylaw notwithstanding, the regulations and restrictions set forth herein shall apply to the construction, erection, installation, placement and/or use of Wireless Service Facilities including, but not limited to personal wireless service facility and free-standing devices. No Wireless Service Facility shall be constructed, erected, installed, placed and/or used on land, buildings, and/or structures within the Town of Stoneham on or after the date of enactment of this bylaw except in accordance with the provisions of this Section 4.11. Wireless Service Facilities lawfully in existence on the date of enactment of this bylaw may be maintained and shall be kept in good condition. (10-29-98, Art. 20)
This section does not apply to the construction or use of facilities by a conforming federally licensed amateur radio used in accordance with said license as protected by Massachusetts General Laws c.40A, Sec.~3 or television antennas, including so-called satellite dishes, which are necessary to a residential use and protected by applicable federal law. (10-29-98, Art. 20)
4.11.3 Uses Permitted:
The following Wireless Service Facilities may be constructed, erected, installed and/or used in the Wireless Service Facilities Overlay District subject to the issuance of a building permit by the Inspector of Buildings:
(a) A Wireless Service facility may be installed on: (i) a building, excluding buildings used for one to four family residential use or (ii) other structure, excluding any structure constructed or used primarily as a mount for antennas or other appurtenances to a Wireless Service Facility and excluding utility or similar poles and billboards or signs, provided that such Wireless Service Facility, including its supports, is:
1. Finished in a manner designed to be aesthetically consistent with the exterior finish of such building or structure, and
2. Mounted in such a manner so that it does not:
(a) Extend above the building height (not including any structures on the roof of the building) by more than fifteen (15') feet.
(b) Extend above the height of a structure other than a building by more than 15 feet;
(c) Extend beyond the face of any wall, or exterior surface in case of structures that do not have walls, by more than 18 inches;
(d) Extend below the top of any wall, or exterior surface in case of structures that do not have walls, by more than 12 feet;
When a Wireless Service Facility extends above the height of a building or the face of a structure as provided in subparagraphs (a) and (b), above, the Wireless Service Facility shall extend the minimum necessary for the proper functioning of the Wireless Communication Services to be provided by the Wireless Service Facility at that location, and every effort shall be made to conceal the Wireless Service Facility within or behind existing architectural features to limit its visibility from public ways. A Wireless Service Facility mounted on a roof shall be stepped back from the front facade in order to limit its impact on the building's silhouette; and
3. Individually or in the aggregate have a front surface facing surrounding streets and adjacent properties that does not exceed fifty (50) square feet in area.
(b) A Wireless Service Facility installed wholly within and not protruding from the interior space of any existing building or structure, excluding buildings used for one to four family residential use.
(c) A Wireless Service Facility used exclusively for non-commercial municipal public safety purposes.
Wireless Service Facilities constructed, erected, installed, placed and used pursuant to this as-right provision shall, unless otherwise provided, also be subject to the following Sections of this bylaw: 6.11.3.4 Color, 6.11.3.8 Lighting, 6.11.3.10 Historic, 6.11.4 Environmental Standards, 6.11.5 Safety Standards, 6.11.6.6 Noise Filing Requirements, 6.11.6.7 Radio Frequency Radiation Requirements, 6.11.8 Monitoring and Maintenance, and 6.11.10 Abandonment or Discontinuance of Use. (10-25-99, Art. 24)
4.11.4 Severability
If any section of this bylaw or portion thereof is declared invalid it shall not affect the validity or application of the remainder of the bylaw. Or do anything in relation thereto, including but not limited to changing the locations and/or heights allowed for Wireless Service Facilities. (10-29-98, Art. 20)
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