Antennae
(a) Generally. No parabolic or dish-type antenna over one meter in diameter, no wireless telecommunications antenna and no wireless telecommunication facility shall be erected, constructed, altered or maintained on any lot within the town without complying with the terms of this section.
(b) Definitions. The following words, terms and phrases when used in this section shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Co-location means locating wireless telecommunication antennae and equipment from more than one provider on a single tower or structure at a single site.
Line of sight means the unobstructed view required for antennae to obtain signals, whether from satellite or other antennae.
Parabolic or dish-type antenna means any concave, circular or dish-shaped device designed for receiving communications or television signals from a satellite.
Usable satellite signals means satellite signals, from the major communication satellites that, when viewed on a conventional television set, are at least equal in picture quality to those received from local commercial television stations or by way of cable television.
Wireless telecommunication antenna means a device used in communications which transmits and/or receives telecommunications signals defined as "personal wireless services" under 47 USC 332(c)(7)(C)(i), and as authorized by the FCC. This shall not include radio or television broadcast antennae.
Wireless telecommunication facility means a land use facility supporting antennas and which may include microwave dishes, defined as "personal wireless service facilities" under 47 USC 332(c)(7)(C)(ii). Such facilities include structures or towers, and accessory buildings and equipment.
Wireless telecommunication tower means towers intended to support antennae and equipment used to transmit and/or receive wireless telecommunication signals as defined in this subsection, including lattice towers, guyed towers, monopoles or other tower-type structure.
(c) Permitted use. Antennae shall be allowed as a permitted use as follows:
(1) Antennae location. Subject to the provisions contained in this section, all parabolic or dish-type antennae shall be permitted only in the rear of any lot. Parabolic or dish-type antenna less than one meter in diameter shall be permitted at any location.
(2) Antennae size. An antenna not exceeding ten feet in diameter and 12 feet in height shall be permitted in any lot.
(3) Antennae screening and safety. Antennae screening and safety shall be provided as follows:
a. Each antenna shall be permitted on a lot if such antenna is set back from all property lines at least 15 feet and is screened from view by a six-foot high wood or masonry fence or by natural plants or trees of equal minimum height, so planted as to provide maximum screening, provided that such fence, plants or trees be situated at a distance far enough from the antenna to provide a full line of sight to enable the reception of usable satellite signals.
b. For an antenna having a motorized mount, the sound of the motor shall not be audible at the property lines.
c. All wiring and connections shall be installed underground.
d. Every antenna must be adequately grounded for protection against a direct strike of lightning.
(4) Wireless telecommunication antennae. Wireless telecommunication antennae and accessory switching equipment and emergency generators shall be permitted as an accessory use to any existing structure, provided that:
a. The overall height of the antennae and the structure do not exceed the maximum height limits of the zone in which the structure is located.
b. The antennae and accessory equipment and generator comply with all other applicable zoning requirements and building codes.
c. The antennae comply with applicable FCC and FAA regulations.
d. Appropriate disguising of the antennae and appropriate landscaping and screening shall be provided, pursuant to review by the technical review committee of the planning board, under article VI of this chapter.
(d) Permitted by special use permit. Parabolic and dish-type antennae shall be permitted by special use permit as follows:
(1) Subject to the provisions of this section, the zoning board of review may grant, upon application, a special use permit for parabolic and dish-type antennae if the applicant shows to the satisfaction of the board that the requirements of this section either:
a. Are not designed to meet a reasonable and clearly defined health, safety or aesthetic objective; or
b. Impose unreasonable limitations on, or prevent the reception of usable satellite signals by the applicant's parabolic or dish-type antenna; or
c. Impose costs on the applicant that are excessive in light of the purchase and installation cost of the equipment.
(2) In granting the special use permit, the board shall limit the relief to the minimum needed to meet the aforesaid criteria. If the applicant seeks relief from more than one of the requirements of this section, the applicant may request all relief in one hearing and need not seek a separate hearing for each requirement at issue.
(3) In making its determination on such application, the board shall consider the following:
a. Location. If usable satellite signals cannot be received in the rear yard of the applicant, then the antenna may be placed elsewhere on the property in the following order of preference: The side yard, the back of the roof, the front yard and the front of the roof.
b. Screening and safety. In considering an application for a special use from the screening and safety requirements, the board shall consider the proximity of neighbors, the size of the lot, the amount of fence or shrubbery required and the cost of implementing the screening and safety measures.
(4) Where the aforesaid special use criteria of this section conflict with the special use permit criteria of section 28-409, this section shall apply.
(e) New wireless telecommunication towers. New wireless telecommunication towers shall be permitted through special use permit and subject to the requirements of subsection 28-150(d) and section 28-409.