General requirements

A. Permitted zoning districts. Telecommunications towers shall be permitted by special use permit issued after public hearing by the Zoning Board of Review in the districts noted on Table 1, subject to the provisions of this article and the underlying zoning district. Telecommunications towers shall be prohibited in all other zoning districts except by a use variance from the Zoning Board of Review.
Editor's Note: Table 1, Table of Permitted Uses by Zone, is attached to this chapter.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).
B. Antennas. Telecommunications antennas not attached to a telecommunications tower may be permitted by special use permit issued after public hearing by the Zoning Board of Review as an accessory use to any commercial, industrial, office, institutional or public utility structure, provided that:
- (1) The antenna is completely contained within the structure.
- (2) Any communication equipment or accessory building complies with all other applicable zoning requirements and building codes.
- (3) All requirements for public notice and public hearing as otherwise requited by this article and by this chapter are met.
C. Public notice. For the purposes of this article, any special use request, use or dimensional variance request or appeal of a special use shall require public notice to all abutting property owners in addition to any notice otherwise required by this chapter.
D. Historic District. Telecommunications towers shall be prohibited in the Historic District and within 500 feet of any outlying historic structure as identified in Article XI, § 260-58, of this chapter except by a use variance from the Zoning Board of Review and a certificate of approval from the Historic District Commission.
E. Evidence. Applications for a use variance or a special use permit shall be accompanied by evidence that the proposed tower cannot be located in a permitted district. Such evidence shall consist of the following information for a minimum of three sites:
- (1) Site plans;
- (2) Photographs of the site and surrounding areas; and
- (3) Written documentation of the lack of a site in a permitted district.
F. Removal of abandoned towers. Any telecommunications tower that is not operated for a continuous period of 12 months shall be considered abandoned. The owner of an abandoned tower is required to remove the same within 90 days of receipt of notice from the Town notifying the owner of the abandonment. Failure to remove an abandoned tower shall be grounds to remove the tower at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
G. Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Zoning Enforcement Officer and Planning Director an inventory of its existing towers, antennas and/or sites approved for towers or antennas, that are either within the jurisdiction of East Greenwich or within one mile of the border thereof, including specific information about the location, height and design of each tower. The Zoning Enforcement Officer and Planning Director may share such information with other applicants applying for special use permits or use variances under this article or other organizations seeking to locate antennas within the jurisdiction of East Greenwich; provided, however, that the Zoning Enforcement Officer and Planning Director are not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
H. State or federal requirements. All towers and antennas must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards are changed, then the owners of the towers and antennas governed by this article shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers or antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
I. Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If upon inspection the Town concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
J. Municipal use. Towers shall provide space for Town of East Greenwich municipal use at no cost to the Town.
K. Performance bond. Each applicant shall post a performance bond with the Town of East Greenwich to cover the cost of removal of its abandoned tower(s) and the cost of maintaining its tower(s) in accordance with building codes and safety standards and, if applicable, FAA regulations.