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Town of Johnston
Town of Johnston Zoning Ordinance
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§ 340-156

Special use permit for proposed development

The following conditions apply to wireless telecommunications facilities requiring special use permits as indicated in § 340-8.

  • A. General requirements for applicants seeking a special use permit. The applicant shall have the burden of producing evidence to satisfy all applicable requirements and standards set out in this article. Applicants seeking a special use permit to construct or substantially modify a wireless telecommunications facility shall:
    • (1) Meet with the Zoning Official for a preapplication conference to review the proposed project and permitting requirements.
    • (2) Provide documentation that the standards of development as required in § 340-154 are adequately addressed. The technological, legal or economic basis for why the proposed facility could not be located on an existing or approved facility shall be provided. The documentation shall be prepared by a duly licensed engineer or other person qualified by education or experience and shall address the reason(s) why the proposed facility could not be accommodated:
      • (a) Without causing/being subject to or causing unacceptable interference with/from the operation of an existing or planned telecommunications or other type of electronic facility or equipment, and that such interference could not be prevented or eliminated at a reasonable cost.
      • (b) On an existing or approved tower due to structural deficiencies, and the reason(s) why such deficiencies could not be eliminated at a reasonable cost.
      • (c) On an existing or approved tower or other structure because no other reasonably available tower or structure could accommodate the facility's antenna at the height necessary for the communications services to be offered.
      • (d) On an existing or approved tower or other structure for other valid reasons.
    • (3) A description of all proposed equipment, buildings or boxes, including proposed shielding and material details. No externally visible accessory equipment structures shall be allowed in connection with building-mounted facilities, disguised facilities, or pole-mounted antennas except as otherwise permitted by this article.
    • (4) A report from a licensed engineer affirming that the proposed telecommunications facility will comply with applicable emission standards of the FCC and that the installation of the facility will not interfere with public safety communications.
    • (5) Inventory and master plan report. Each application for a wireless telecommunications facility shall include an inventory report of the applicant's existing or approved towers and antennas in Johnston and within one mile of the Town of Johnston's border. This report shall become part of the public record and may be used by relevant Town entities and officials in connection with future applications from other applicants. The inventory report shall specify:
      • (a) Identification of the entities providing the backhaul network and other wireless sites owned or operated by the applicant in the municipality;
      • (b) Type, design, and location of each tower and antenna, and longitude and latitude of each tower of all wireless communications providers;
      • (c) Owner/operator of each existing tower(s), if known;
      • (d) Ability of each tower to accommodate additional antennas; and
      • (e) Height of support structures on which the applicant's existing antennas are located (where applicable).
    • (6) A plan set to include the following, or as requested by the Building/Zoning Official during the preapplication conference:
      • (a) A scaled site plan clearly indicating the location, type and height of proposed wireless communications facilities, ground-level structures, on-site land uses and zoning, fall zone diameter, land uses and zoning within 200 feet of the subject parcel, adjacent roadways, proposed means of access, setbacks from property lines, topography, unique features, including wetlands, historic sites, cemeteries and endangered habitats, and other information deemed necessary by the Building/Zoning Official in order to assess compliance with this article;
      • (b) Elevation drawings of the proposed wireless communications facility and any other existing or proposed structures on the parcel;
      • (c) Area map of the public notice area (radius map), including roads, parcels, zoning and Johnston Comprehensive Community Plan Future Land Use Map classification;
      • (d) The setback distance between the proposed wireless communications facility and the nearest residential unit or vacant residentially zoned parcel;
      • (e) A landscape plan showing specific landscape materials (if required by the Building/Zoning Official); and
      • (f) Fencing, and finished color and method of camouflage and illumination (if required by the Building/Zoning Official). All telecommunications facilities shall be protected against access by children and other unauthorized persons to the maximum extent reasonably possible for the type and location of the facility. Security measures shall include vandal-resistant accessory equipment structures.
    • (7) Legal description of the parent tract and leased parcel (if applicable).
    • (8) Structural analysis as requested by the Building/Zoning Official, stamped by a Rhode Island registered professional engineer. Said analysis shall consider the weight of both proposed and existing antenna mounts.
    • (9) A description of compliance with all applicable federal, state or local laws.
    • (10) Proof of ownership of the proposed site or of a contractual right to its long-term use, and evidence that necessary easements have been or will be acquired.
    • (11) The applicant shall comply with the requirements provided in § 340-158.
    • (12) The Zoning Board of Review is authorized to hire outside consultants, at the applicant's expense, as necessary to fully evaluate the design and potential impact of the proposed wireless telecommunications facility.
  • B. Specific requirements.
    • (1) Monopole. No more than one exterior array shall be permitted. An application shall also be subject to the following:
      • (a) Monopoles shall be adequately separated from residential uses both on and off of the subject parcel in accordance with § 340-156B(1)(a)[1] and [2]. Separation distances shall be measured from the base of the tower to the foundation of the closest residential use or property line of an undeveloped residential zone and shall comply with either of the following minimum standards:
        • [1] One hundred feet or 300% of the height of the monopole, whichever is greater, to single-family units, including mobile homes, or duplex units.
        • [2] Seventy feet or 150% of the height of the monopole, whichever is greater, to existing multifamily units with more than two units.
      • (b) The fall zone of a monopole must be entirely located within the dimensional setbacks for the subject parcel for the zoning district as indicated in § 340-9.
      • (c) The Building/Zoning Official's approval of the monopole color with the objective being that the color be compatible with and complementary to the surroundings.
      • (d) Visual analysis.
        • [1] The applicant shall submit visual impact demonstrations using computer-generated photographic simulations of the proposed facility as it would be seen from residential areas, public rights-of-way, public parks, and other sites as deemed appropriated by the Zoning Official.
        • [2] Visual impact demonstrations shall be submitted comparing the proposed facility to an existing monopole or other structure recommended by the Zoning Official.
      • (e) Height shall be subject to Federal Aviation Administration approval and fall zone requirements.
    • (2) Building-mounted facilities on a building less than 10 stories or 80 feet in height, whichever is less. The following additional information shall be provided on or with the site plan for building-mounted facilities that do not qualify as disguised facilities in accordance with this article:
      • (a) A plan, drawn to scale, showing where and how the proposed antenna will be affixed to a particular building or structure.
      • (b) An operations and maintenance plan shall be provided to the Department of Public Works for any antenna mounted on a municipal building or structure, such as a water tower. This plan shall address how water tank cathodic protection will be maintained during antenna installation and will clearly define responsibilities for the carrier during water tank maintenance and painting. Approval of the Department of Public Works is required prior to requesting a lease agreement with the Town Council.
      • (c) The maximum height of a building-mounted antenna shall be 20 feet above the highest point of the roof, excluding chimneys and other appurtenances.
      • (d) The exterior components of building-mounted facilities shall be of a color that is identical to, or closely compatible with, the color of the building and shall be located on the building at the point of least visibility to persons on adjacent property, unless such location is shown to be impractical for substantial reasons.
      • (e) Telecommunications equipment inside building-mounted facilities shall be designed and located to ensure limited access, for authorized persons only, such as by locating it in a separate lockable room, cage or box, and access to antennas attached to the roof of the building shall be through a lockable door.
    • (3) Disguised facilities.
      • (a) Existing structures.
        • [1] An applicant for a disguised facility to be located in or on an existing structure shall submit, as part of the permit application, at least four color photographs of the structure containing or constituting the disguised facility taken within the month preceding the filing of the application. Such photographs shall be approximately eight inches by 10 inches in size and shall show clearly each side or facade of the existing structure as it appears to observers located on adjacent property.
        • [2] Telecommunications equipment inside disguised facilities in existing structures shall be disguised and located to ensure limited access for authorized persons only, such as by locating the equipment in a separate lockable room, cage or box.
      • (b) New structures. The maximum height of a disguised facility which is not located in an existing building shall be subject to the fall zone provisions § 340-153. An application for a disguised facility in a new structure shall include the following:
        • [1] A site map showing the location of the proposed facility and all existing structures on the lot;
        • [2] One or more sketches or drawings of the proposed facility including all of the existing structures on the lot; and
        • [3] One or more photographs of the completed facility. Approval of an application for a disguised facility shall be conditioned on submission of the photograph(s) to the Building/Zoning Official within one month after completion of the facility. If the facility is located in or on an existing structure, this submission shall consist of a set of photographs corresponding in all respects to the photographs submitted as part of the permit application, except that the photographs required by this subsection shall be taken after completion of the facility. If the facility is a new structure, the photograph or photographs shall correspond as closely as reasonably possible to the sketches or drawings submitted with the application.