Town of Goshen, CT - Article II - General Regulations

ARTICLE II - GENERAL REGULATIONS

SECTION 200: APPLICABILITY

Except as provided to the contrary herein, no land, structure, or part thereof, shall be constructed, developed or used on any plot or parcel of land except as specifically permitted in these Regulations.

Where these Regulations are more strict or impose higher qualitative or quantitative standards than are required in any statute, bylaw, ordinance or regulation, the provisions of these Regulations shall govern. If the provisions of any statute, bylaw, ordinance or regulation are more strict or impose higher qualitative or quantitative standards than these Regulations, the provisions of such statute, bylaw, ordinance or regulation shall govern.

SECTION 210: INTERPRETATION OF REGULATIONS

210.1. INTERPRITATION OF TERMS:

Certain terms used herein shall be interpreted as follows:

-Words used in the present tense include the future tense.

-The singular includes the plural, and the plural the singular.

-The word “person” includes a partnership, corporation, or other entity.

-The word “Commission” means the Planning and Zoning Commission of the

210.2. DEFINITIONS:

The definitions contained in this Section shall be used for the purpose of interpreting the various provisions of these regulations.

The Planning and Zoning Commission shall establish the appropriate definition for words not defined in this section or in case of uncertainty.

ACCESSORY: (ie: accessory apartment, dwelling unit, building, structure or use) customarily incidental and subordinate (both qualitatively and quantitatively) to a principal dwelling, building, structure or use located on the same lot.

BARN: An agricultural building used primarily for the purpose of sheltering any or all of the following: harvested crops, livestock, pigs and fowl; and agricultural implements including farm vehicles. No structure, any part of which is used in the operation of a kennel, shall be considered a barn.

BASEMENT: That part of a building which is wholly or partially below ground level. (see also Floor Area and Story).

BERM: A mound of earth typically used as a landform design element or buffer.

BUFFER: Land area used to visibly separate one use from another or from a boundary line or to block noise, lights, or other nuisances, generally through the use of landscaping, structures, and/or vegetation.

BUILDABLE LAND: That land area within a lot that is not wetlands (unless the Goshen Inland Wetlands Commission has issued a permit allowing the use of the wetland for the erection of a structure, the location of a septic field, or the location of an on-site water supply facility), provided that within such an area an on-site sewage disposal system approved by Torrington Area Health District can be provided, and also that within such area (but not within the side or rear setback areas of the lot) an on-site water supply can be provided in accordance with applicable health codes.

BUILDING: A structure having a roof supported by columns or walls and intended for shelter, housing, or enclosure of any person, animal, or material of any kind (see Structure).

BUILDING HEIGHT: The vertical distance from the average finished ground level at the building walls to the highest point of the roof.

CALIPER: The diameter of a tree trunk, measured 6” above the ground.

CERTIFICATE OF OCCUPANCY: A document issued by the Building Official allowing the occupancy or use of a building and certifying that the structure or use has been constructed in compliance with applicable regulations and approvals.

CONSERVATION DEVELOPMENT: A residential subdivision concept whereby the houses on a site are grouped closely together to maximize open space, preserve farmlands and other natural resources and to allow for economies in development.

CONSTRUCTED: Any activity affecting a structure, including the reconstruction, erection, alteration, extension, moving, and enlarging thereof.

CONVENIENCE GOODS: Goods such as food, dairy, bakery, or drug products which may regularly be required in the day to day functions of a residential home.

CORNER LOT: A lot abutting two or more streets, whether intersecting or not. In determining setbacks, the property line on each street shall be deemed a front property line, and all other property lines shall be deemed side property lines.

COUNTRY CLUB: An establishment operated solely for recreational, social, benevolent or athletic purposes, but not for pecuniary gain, by an organization of people incorporated pursuant to the provisions of membership corporations law or the benevolent orders law; such club shall cater only to its members or guests accompanying them.

COUNTRY INN: An establishment within a building or group of buildings devoted to the preparation of food and beverage to be consumed on the premises, to transient lodging, and also to entertainment and recreational facilities which would be accessory to the above two purposes. A Country Inn use does not include condominium ownership

DAY CARE: The provision of a supplementary care program to people outside their homes on a regular basis.

DEVELOPMENT: Any man-made change to improved or unimproved real estate, including but not limited to construction of structures, dividing, dredging, filling, grading, paving, excavation or drilling operations.

DWELLING UNIT: A building or portion thereof designed and used primarily for residential occupancy by one family.

EARTH: Earth, sand, gravel, clay, quarry stone, and other earthen materials.

ELDERLY: Age 62 or older or, in the case of elderly occupancy, where at least one member of the immediate family is age 62 or older.

FAMILY: Individuals living and working together on the premises as a single housekeeping unit.

FARMING: Cultivation of soil for growing of crops; nurseries; dairy farming; and/or the raising, breeding, and keeping of livestock. Farming also includes the marketing of agricultural products grown or raised on the premises.

FLOOD HAZARD AREA: Land within the 100-year flood hazard areas as delineated by the Federal Emergency Management Agency (FEMA).

FLOOR AREA: The sum of the horizontal area of the several floors of the building measured from the outside, excluding basement floor areas, exterior porches and unfinished attics.

FRONT LOT: A lot which abuts and fronts on a street and which meets the lot width requirement of the zone.

FRONT YARD: The area between the street which the frontage of the lot lies, and a line running parallel to the street that intersects a part of any building that is closest to the street. In the case of new construction, that parallel line will also be the setback line as required in these Regulations.

FRONTAGE: The front boundary of a lot on a street.

IMPERVIOUS SURFACE: A surface that significantly changes the water absorption rate, including areas for parking, building roads, sidewalks, driveways and all areas covered with concrete or asphalt.

KENNEL: A commercial establishment in which more than three dogs over the age of six months are housed, groomed, bred, boarded, trained, or sold.

LANDSCAPED AREA: An open area, landscaped area, or naturally vegetated area maintained with natural or artificial ground cover, lawn, trees, shrubs, or other plantings.

LIVESTOCK: Shall include animals such as horses, cows, goats, and sheep but shall not include fowl or pigs.

LIVING AREA: That portion of the total floor area of a residential dwelling unit which has ceilings, walls, and floors finished in a manner which is clearly intended for human occupancy, and which conforms to the Building Code.

LOGO: A simple graphic presentation which may include numbers or letters used to identify a business.

LOT: A plot or parcel of land occupied, or capable of being occupied, in conformity with these Regulations by one principal building and accessory buildings or uses customarily incident to it.

LOT AREA: The total area within the boundary lines of a lot.

LOT COVERAGE: That percentage of the lot area that is covered by all structures and impervious surfaces.

LOT WIDTH: The distance between the side boundary lines measured along the front setback requirement.

MAINTENANCE SHED: A free standing permanent accessory building not exceeding 150 square feet in total floor area, used for the storage or location of tools, materials, and equipment associated with the maintenance of the premises, including all structures and ground areas.

NON-CONFORMING: (ie: non-conforming use, building or structure) Not conforming to the applicable requirements or provisions of these Regulations.

NURSERY: An agricultural operation where the primary use is the growing of flowers, plants, shrubs, or trees outdoors for commercial gain and which may include sale of such products and related garden merchandise as an accessory use to the agricultural operation.

ORDINARY HIGH WATER MARK: The points on the bank or shore of a water body or watercourse up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, or by the predominance of aquatic vegetation or similar easily recognizable water-related characteristics. The boundary of a water body or watercourse as established by the Goshen Inland Wetlands and Watercourses Commission is considered to be the Ordinary High Water Mark, unless the applicant can establish through expert evidence (as by a botanist) that the Commission’s boundary line is not the same as that defined in this regulation.

PERSONAL SERVICE: Shops such as barbershops, beauty salons, tailoring establishments, shoe repair shops and other similar operations which provide services of a personal, domestic nature. Day care is not included in this definition.

PREMISES: All land comprising a lot and including all buildings, structures and uses located on the lot.

PROFESSIONAL OFFICE: The office of an accredited professional such as a doctor, dentist, lawyer, architect, engineer, and similar professions or recognized professional artist, musician, designer, realtor, teacher, or other similar professions that, with or without staff, are qualified to perform services of a professional nature.

REAR LOT: A residentially zoned lot which does not meet the frontage requirement of the zone and which is approved for building purposes under Section 270 herein.

RECREATIONAL VEHICLE: A vehicle which can be towed, hauled or driven and is designed primarily for recreational use or as temporary living accommodations for recreational, camping or travel use.

RESTAURANT: An establishment where food and beverages are served by waiters and waitresses only at tables or sit-down counters within a building.

SETBACK: The minimum distance that a structure may be situated from a lot boundary, this distance forming a buffer area inside the perimeter of the lot.

SIGN: Any natural or artificial structure, object, device, light, or display which is used to advertise, identify, or attract attention to any object, product, institution, organization, business, service, or location by any means, including, but not limited to letter, number, banner, flag, insignia, device, designs, symbols, fixtures, colors, illumination, or logo, which is situated so that it can be seen from a street. The word sign includes logo. The word “sign” includes the word “billboard”, but does not include the flag, pennant or insignia or any nation, state, city, or other political unit, or of any political, educational, charitable, philanthropic, civic, professional, religious, or like campaign, drive, movement

SIGN AREA: The entire area of a sign within a single continuous perimeter enclosing the extreme limits of the actual sign surface. For a sign having two faces placed back to back and no more than 2 feet apart, the area shall be taken as the area of either face; if the faces are unequal, the larger on shall determine the area. For any other configuration of sign having two or more faces, the area shall be the sum of all its faces.

STORY: That portion of a building that is between the surface of a floor and the surface of the next floor above or, in its absence, the next ceiling above. A basement shall be counted as a story if the ceiling is more than 5 feet above the level from which the building height is measured or if it is used for housing for residential purposes.

STREET: Any right-of-way used for public travel.

STREET LINE: The right-of-way line of any public or private street at the lot boundary. For the purpose of Section 630, Street Line shall be defined as the visible edge of the roadway.

STRUCTURE: Anything constructed or erected which requires location on the ground or attachment to something having location on the ground, excluding septic systems, fence and stone walls.

WATERCOURSE: Rivers, streams, brooks, waterways, lakes, ponds, marshes, swamps, bogs, and all other water (natural or artificial) which are contained within, flow through, or border upon the Town of Goshen or any portion thereof.

WETLAND: Land, including submerged land, which consists of any of the soil types designated as poorly drained, very poorly drained, alluvial, or flood plain by the U.S. Department of Agriculture Soil Conservation Service.

ZONE: An area of land set aside on the Zoning Map having separate requirements as established by these Regulations.

SECTION 220: ESTABLISHMENT OF ZONES:

In keeping with the character and type of development in a predominantly rural, residential community with a small number of existing business and service establishments serving the needs of local residents, the Town is hereby divided into the following zones:

Residential-Agricultural 1 RA-1

Residential-Agricultural 2 RA-2

Residential-Agricultural 5 RA-5

Town Center Business CB

Rural Recreational RR

The boundaries between zones are hereby established as shown on the map entitled “Zoning Map of Goshen”, dated August 29, 1988, which accompanies these regulations and is on file in the office of the Town Clerk. Said map and all explanatory matter thereon are hereby adopted and made a part of these Regulations.

Where a zone boundary line divides a parcel of land under single ownership of record, the Regulations specified herein for each zone shall apply only to those portions of the parcel within such zone.

SECTION 230: Not Used

SECTION 240: NON-CONFORMING LOTS, STRUCTURES AND USES:

The term non-conforming is defined as any use, building, structure or lot which does not conform to the applicable requirement or provisions of these Regulations (see Section 210.2). Non-conforming lots, buildings, structures, and uses may exist individually or in combinations and it is therefore necessary to define and establish requirements related to each.

Nothing in these Regulations shall require any changes in the plans, construction or designated use of any building for which a building permit has been issued, and for which, in addition to pouring of concrete, construction has been diligently pursued prior to the adoption of these Regulations.

Any non-conforming use of buildings or land lawfully existing at the time of adoption of these Regulations or any amendments hereto, may be continued.

240.2 NON-CONFORMING LOTS

A lot may be non-conforming for any one of a number of reasons. For example, a non-conforming lot may have an area which is less than required or it may have less than the required frontage or setbacks.

240.2a. Building and Use on a Non-conforming Lot

Where safe and adequate disposal of sewage and a safe water supply, as required by public Health Code, can be provided without endangering the health and safety of the Town and its residents, nothing in these Regulations shall prevent the construction of a conforming building or the establishment of a conforming use on a lot containing less than the prescribed lot area or frontage or setbacks which as the time of the adoption hereof or any pertinent prohibiting amendment hereto was:

1. Owned separately from any adjoining lot and filed in the Office of the Town Clerk of the Town of Goshen, or

2. Shown on a plan of subdivision approved by the Commission and filed in the Office of the Town Clerk of the Town of Goshen.

Where two or more non-conforming adjoining lots of record except those in the Woodridge Lake Sewer District were in the same ownership on August 31, 1985, then such lots shall be combined to meet the lot area or frontage requirements stated herein.

240.3 NON-CONFORMING BUILDINGS AND STRUCTURES

A non-conforming building or structure is one which does not meet one or more of the dimension requirements for a building or structure, such as the requirements for building location on a lot, building or structure height or building coverage on a lot.

240.3a. Reconstruction of Non-conforming Buildings and Structures

Non-conforming buildings and structures which where damaged or destroyed by fire, explosion or accident may be repaired, rebuilt or replaced within 18 months of such damage, provided that such repairs, rebuilding or replacement has been initiated and diligently pursued, and does not extend or expand the previously existing part(s) of the non-conforming building, except as may be provided under Section 240.5e below.

240.3b. Variance for Building Setback Requirement

When a part of a non-conforming building does not meet the setback requirement, any additions to the building shall have the required setback, except that the Zoning Board of Appeals may approve a variance in setback requirements pursuant to Section 723 herein, provided that it does not involve a change in permitted use and only where such variance will not have a detrimental effect on adjoining property.

240.4 NON-CONFORMING USE:

A non-conforming use is a use of a lot, building, or structure which has legally existed since before the adoption of these Regulations or any relevant amendment thereto and that does not meet the use requirements for the zone in which the use, building, structure or lot exists. A non-conforming use may be a non-conforming use of land only, or a non-conforming use of a building, structure and land in any combination.

240.4a. General:

Once a non-conforming situation, or any portion thereof, has been changed so that it conforms to these Regulations, that situation or portion thereof shall not revert to or again become, non-conforming.

240.4b. Change of Non-conforming Use of Land, Building, or Structure:

A proposed change to a non-conforming use, other than a change which satisfies the definition of a Routes 4 and 63 Business Use as set forth in Section 240.5 of these Regulations, may be approved by the Commission by a Special Permit issued in accordance with the requirements of this section and Article V of these Regulations.

In determining whether a proposed activity represents a change in non-conforming use, consideration shall be given to three factors: (1) extent to which the new use reflects the nature and purpose of the original non-conforming use; (2) any difference in the character, nature and kind of use involved; and (3) any substantial difference in effect upon the neighborhood resulting from the proposed changes.

Where the Commission determines a change of non-conforming use is proposed, the Commission may approve the Special Permit application for change of use where it finds that the proposed non-conforming use will not have an impact on the zone, the neighborhood and surrounding properties greater than the impact of the current non-conforming use.

In reaching it’s determination, the Commission shall consider but not be limited to the following factors: Changes in traffic (both type and volume), the number of uses permitted, lighting, parking, external alterations to the building and lot, and the impact the proposed change will have on noise, and air and water quality.

The Commission may attach appropriate conditions and safeguards to the approval where such conditions are determined necessary to ensure that the proposed non-conforming use will meet the requirements of this section.

Where the application involves site or exterior building improvements, the Commission may require the applicant to submit a Site plan prepared in accordance with the requirements of Article IV.

Off street parking shall be provided to meet the requirements of these Regulations for the proposed change of use.

240.4c. Expansion of a Non-conforming Use of a Land, Building, or Structure:

A proposed expansion to a non-conforming use, other than an expansion which satisfies the definition of a Routes 4 and 63 Business Use as set forth in Section 240.5 of these Regulations, may be approved by the Commission by a Special Permit issued in accordance with the requirements of this section and Article V of these Regulations.

A non-conforming use of a building or structure may be expanded by up to 50% of the floor area that was devoted to such use as of August 28, 1988.

A non-conforming use of land that does not involve any building or structure may be expanded by up to 50% of the land area that was devoted to such use as of August 28, 1988.

A non-conforming use(s) of land and structure(s) in combination may be expanded by up to 50% of the combined land area and floor area that was devoted to such use(s) as of August 28, 1988; provided, however, that no such expansion shall result in either

(I) an expansion of floor area in excess of 50% of the floor area devoted to such use(s) as of August 28, 1988, or (ii) an expansion of land area in excess of 50% of the land area devoted to such use(s) as of August 28, 1988.

In deciding on an application for expansion of a non-conforming use the Commission shall assess:

· the character, nature, and kind of use as it affects the zone, neighborhood and surrounding properties,

· the suitability of the site to accommodate the proposed expansion, and

· the impact of the expansion on the surrounding neighborhood.

In reaching it’s determination, the Commission shall consider but not be limited to the following factors: changes in traffic (both type and volume), lighting, parking, external alterations and additions to the building and lot, and the impact the proposed expansion will have on noise, and air and water quality.

The Commission may attach appropriate conditions and safeguards to the approval such conditions are determined necessary to ensure that the proposed expansion will meet the requirements of this section.

Where the application involves site or exterior building additions or improvements, the Commission may require the applicant to submit a Site Plan prepared in accordance with the requirements of Article IV.

Off street parking shall be provided to meet the requirements of these Regulations for the proposed expansion use.

240.5: EXPANSION OF AND CHANGES TO NON-CONFORMING USES OF LAND OR BUILDINGS

a. The intent of this Section is to provide the opportunity, particularly on State Highways 4 and 63, for continuation and limited expansion of existing business uses in their present locations; and in addition to provide the opportunity for business uses to change to other business uses permitted in this Section provided that certain requirements as prescribed herein are met. It is intended that improvements to such uses are to be allowed in a manner that will contribute to the economy and vitality of the Town of Goshen while protecting its environment and neighborhoods.

Special Permit requirements are established and designed to permit expansions of business uses and changes to other business uses, on sites located outside the Town Center Business Zone in those cases where they will not harm the Town’s environmental resources and will maintain or improve the relationship between such uses and surrounding residential uses.

b. No non-conforming use of land, building or structure may be expanded or changed except to a use conforming in all respects to these Regulations, unless the Commission approves a Special Permit for Business Use Expansion in a Residential Zone, or a Special Permit for Business Use Change in Residential Zone.

c. A Special Permit shall not be approved for this purpose unless all requirements of Section 600 herein (Protection of Surface and Ground Water) are satisfied.

d. Expansion of Use: A non-conforming business use in a residential zone may upon the issuance of a Special Permit for Business Use Expansion in a Residential Zone, be expanded by up to 50% of the floor or land area that is devoted to such use on the date of its registration with the Commission or, if a permit for expansion has been issued for the property subsequent to January 20, 1987, the 50% expansion shall be calculated based on the floor or land area that was devoted to the business use immediately prior to the issuance of such permit.

e. Change in Use: A Special Permit for Business Use Change in a Residential Zone may be approved by the Commission if (1) there was no owner occupied residence on the property, or if there was, that a business use existed prior to January 20, 1987, which was conducted solely within a free standing structure separate from the principal residence on the property, and which structure was used exclusively for the business use existing prior to January 20, 1987; and (2) the proposed use is one permitted in the Town Center Business Zone (CB); and (3) the Commission finds that a change from a business use in a residential zone to such other business use will, if established, neither result in increased traffic nor have an adverse effect or impact upon the existing or probable future character of the neighborhood or its property values. If the lot has frontage on a State highway, it is hereby found and established that due to the nature of the traffic and the character of areas bordering State highways, the proposed new business use will be located on a street that will be able to accommodate increased traffic; and that, except in special circumstances, there will be no adverse effects or impact upon the existing or probable future character of the neighborhood or its property values.

f. A single application can be made for a combined Special Permit for Business Use Change and Expansion in a Residential Zone, which shall be granted by the Commission if all the requirements of Sections 240.5b through 240.5h inclusive are met.

g. The Commission shall provide an Existing Use Registration Form which shall require information on the type of use, describe its operations, specify the floor area or lot area devoted to the existing use, and such other information that the Commission may determine necessary. For the purpose of this Regulation and the Existing Use Registration Form, the floor area associated with an existing use shall be defined as the area actually devoted to such use at the time of registration and other floor area which is clearly designed or arranged for such use.

Registration is effective upon submission to the Commission of a completed Existing Use Registration Form prior to July 1, 1989, and later acceptance by the Commission. In the event that no Existing Use Registration Form was submitted to and accepted by the Commission, the burden of proof of pre-existing business use shall be upon the applicant requesting future expansion or change of use.

Registration shall not be required for uses which are primarily residential in nature (ie: home occupations) if they are in full conformance with these Regulations.

h. All provisions of ARTICLE V, Special Permit Requirements, shall apply except for Section 521 (d).

240.6: TERMINATION

Except as provided for in Section 240.3(a) above, no non-conforming use, building or structure or use shall be resumed or restored if:

a. Such use, building or structure has not existed for a period of eighteen months from the date of cessation or from the effective date the pertinent prohibiting regulation whichever is later, or

SECTION 250: ANTENNAS, TOWERS AND WIRELESS FACILITIES:

250.1: STATEMENT OF PURPOSE

This regulation establishes standards, requirements and permitting procedures for antennas, towers, and wireless communication facilities that are subject to local zoning regulation in Connecticut. It’s purpose is to regulate the placement of antennas, towers, and wireless communication facilities in order to:

· preserve the character and appearance of the Town of Goshen while allowing adequate telecommunication services to be developed,

· protect the scenic, historic, environmental, and natural or man-made resources of Goshen,

· protect property values, and the health, safety and welfare of the Town,

· minimize the total number and height of towers throughout Goshen,

· require the sharing of existing towers where possible,

· provide for facility locations consistent with the Town Plan and the purposes of these regulations,

· minimize adverse visual effects through proper design, siting and screening,

· avoid potential damage to adjacent properties,

· provide for orderly removal of abandoned facilities.

These Regulations are intended to be consistent with “The Telecommunications Act of 1996” in that a) they do not prohibit, or have the effect of prohibiting, the provision of Personal Wireless Services, b) they are not intended to be used to unreasonably discriminate among providers of functionally equivalent services, and c) they do not regulate Personal Wireless Services on the basis of the environmental effects of radio frequency emissions to the extent that the regulated services and facilities comply with the FCC’s regulations concerning such emissions.

250.2: DEFINITIONS:

When used in the Section, the following words or phrases shall be defined as follows:

ADEQUATE CAPACITY: Capacity is considered to be “adequate” if the Grade of Service (GOS) is p.05 or better for median traffic levels offered during the typical busy hour, as assessed by direct measurement of the Personal Wireless Facility in question. The GOS shall be determined by the use of standard Erlang B Calculations. As call blocking may occur in either the land line or radio portions of a wireless network, Adequate capacity for this regulation shall apply only to the capacity of the radio components. Where capacity must be determined prior to the installation of the Personal Wireless Service Facility in question, Adequate Capacity shall be determined on the basis of a 20% busy hour (20% of all offered traffic occurring within the busiest hour of the day), with total daily traffic based on aggregate estimates of the expected traffic in the Coverage Area.

ADEQUATE COVERAGE: Coverage is considered to be “adequate” within that area surrounding a base station where the predicted or measured median field strength of the transmitted signal is such that the majority of the time, transceivers properly installed and operated will be able to communicate with the base station. In the case of cellular communications in a rural area like Goshen, this would be a signal strength of at least -90dBm, as long as the signal regains its strength to greater than -90dBm further away from the Base Station. The outer boundary of the area of Adequate Coverage is that location past which the signal does not regain strength of greater than -90dBm.

ANTENNA: The electrically active elements by which wireless electronic signals are sent and received by a wireless service facility.

ANTENNA STRUCTURE HEIGHT: The vertical distance measured from the base of the antenna support structure including the electrically active elements at grade to the highest point of the structure. If the support structure is on a sloped grade, the average between the highest and lowest grades shall be to calculate height.

CAMOUFLAGED OR STEALTH FACILITY: A wireless communication facility that is disguised, hidden, part of an existing or proposed structure, or placed within an existing or proposed structure.

CARRIER: A company that provides wireless services.

CO-LOCATION: The use of a single antenna structure on the ground by more than one carrier (vertical co-location) and/or several mounts on an existing building or structure by more than on carrier.

COMMISSION: The Planning and Zoning Commission of the Town of Goshen.

ELEVATION: The elevation at grade or ground level shall be given in Above Mean Sea Level (AMSL). The height of a wireless service facility shall be given in Above Ground Level (AGL). AGL is a measurement of height from the natural grade of a site to the highest point of a structure. The total elevation of the wireless service facility is AGL plus AMSL.

ENVIRONMENTAL ASSESSMENT (EA): An EA is the document required by the Federal Communications Commission (FCC) and the National Environmental Policy Act (NEPA) when a wireless communication facility is placed in certain designated areas.

EQUIPMENT SHELTER: An enclosed structure, cabinet, shed or box at the base of the mount within which are housed batteries and electrical equipment necessary for the operation of the communication facility.

FALL ZONE: The area on the ground within a prescribed radius from the base of a wireless communication facility. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material.

GUYED TOWER: A monopole or lattice tower that is tied to the ground or other surface by diagonal cables.

LATTICE TOWER: A type of mount that is self-supporting with multiple legs and cross-bracing of structural steel.

LICENSED CARRIER: A company authorized by the FCC to construct and operate a wireless communication facility.

MONOPOLE TOWER: The type of mount that is self-supporting with a single shaft of wood, steel, or concrete and a platform (or racks) for panel antennas arrayed at the top.

MOUNT: The structure or surface upon which antennas are mounted, including the following four types of mounts:

1. Roof-mounted - Mounted on the roof of a building.

2. Side-mounted - Mounted on the side of a building.

3. Ground-mounted - Mounted on the ground.

4. Structure-mounted - Mounted on a structure other than a building.

OMNIDIRECTIONAL (WHIP) ANTENNA: A thin rod that transmits and receives a signal in all directions.

PANEL ANTENNA: A flat surface antenna usually developed in multiples.

PROPAGATION STUDIES OR COVERAGE PLOTS: Computer generated estimates of the signal emanating, and prediction of coverage, from antennas or repeaters sited on a specific tower or structure. The height above ground, power input and output, frequency output, type of antenna, antenna gain, topography of the site and its surroundings are all taken into account to create these simulations. They are the primary tool for determining whether a site will provide adequate coverage for the telecommunication facility proposed for the site.

RADIOFREQUENCY (RF) ENGINEER: An engineer specializing in electrical or microwave engineering, especially the study of radiofrequencies. (NOTE: When RF Engineers are certified or licensed, they are known as Professional Engineers).

RADIOFREQUENCY RADIATION (RFR): The emissions from wireless communication facilities.

REGULATED FACILITY, SERVICE AND/OR SITE: All facilities including mounts, towers and antennas and the site(s) these facilities are located on relating to personal communication services and any other wireless telecommunication service subject to local zoning regulation.

REPEATER: A small receiver/relay transmitter if not more than 20 watts output designed to provide service to areas which are not able to receive adequate coverage directly from a base station.

SECURITY BARRIER: A locked, impenetrable wall, fence or berm that completely seals an area from unauthorized entry or trespass.

SEPARATION: The distance between one carrier’s array of antennas and another carrier’s array.

TOWER: A structure that is intended to support equipment used to transmit and/or receive telecommunications signals. Examples include monopoles and lattice construction steel structures.

WIRELESS COMMUNICATION FACILITIES: The equipment and structures used to receive or transmit telecommunications or radio signals and to transmit signals to another wireless site, another communications source or receiver, or to a central switching computer.

250.3 USE REGULATIONS:

250.3.1 - Exemptions:

The following shall be exempt from this regulation:

a: Repair and maintenance of towers and antennas.

b: Antenna used solely for residential television and radio reception.

c: Satellite antenna measuring 2 meters or less in diameter and located in commercial districts, and satellite antenna measuring 1 meter or less in diameter regardless of location (NOTE: This requirement is established pursuant to an FCC ruling preempting local regulation of satellite antennas).

250.3.2 Regulated Facilities Allowed as a Permitted Use:

In addition to the requirements set forth in Section 250.7.3 of this regulation, the following regulated facilities located on existing structures or co-located shall be permitted uses in all districts subject to site plan approval pursuant to the provisions of Article VI of these regulations as well as compliance with all of the regulations for the zoning district in which the facility is proposed to be located.

250.3.2a: Camouflaged Facility:

A regulated facility which is completely camouflaged and not recognizable as part of a wireless facility such as within a flagpole, steeple, chimney, or similar structure.

250.3.2b: Existing Structure:

A regulated facility on an existing structure (whether or not it is conforming in terms of height) including but not limited to a guyed, lattice or monopole tower, fire tower, or water tower, provided it does not increase the height of the existing structure.

250.3.2c: Utility Structures:

An antenna(s) located on an electric transmission and distribution tower, telephone pole and similar existing utility structure. The installation may increase the height of the existing structure by no more than twenty feet, except within 150 feet of the paved portion of a Town road or State highway proposed for or designated as a scenic road or highway.