5-18 Communication Towers

Radio, television, cellular telephone and other communication towers, chimneys, windmills or similar vertical structures, which are not part of the principal structure or which are the principal use on the premises may not exceed the maximum height specified for the zoning district in which they are located.

Whenever it is satisfactorily demonstrated to the building official that such a legally preexisting facility must be repaired or maintained through replacement, the building official may permit the replacement of such legally pre-existing facility to the limits of the original height of such legally pre-existing facility. Such replacement shall be the result of structural and/or public safety concerns and not an attempt to secure additional financial benefit from such legally pre-existing uses. Should the building official determine that the relocation of the replacement facility to another portion of the same plat and lot is in the best interest of the health, welfare and public safety of the neighborhood or community, he/she may grant permission to relocate the facility to some other portion of the said lot. Such grant of permission shall be in writing and shall state the reasons therefor and be duly signed and dated by the building official. When such legally pre-existing facilities shall be replaced or relocated setback distances from all existing property lines shall not be less than one foot (1') distance for every one foot (1') of tower height, plus an additional 15% of the total height of the tower added to the lineal distance from the property line. No artificial lighting shall be installed on any facility. No identification or other signs shall be allowed either on the facility or on the premises upon which the facilities are located. Protective fencing shall be erected to enclose the facility in a manner deemed acceptable to the building official.

Communication towers shall be approved and certified for structural safety by a professional engineer registered with the State of Rhode Island. A copy of such certificate shall be filed with the building official. If a communication facility is abandoned for a period of one (1) year or more, it shall be deemed to have been abandoned in accordance with the provisions of Article 2, Section 2-8 (1) Abandonment of this ordinance. The board of review shall not consider any request for variances from the height limitation unless the petitioner can demonstrate to the satisfaction of the board an inability to co-locate on existing facilities wherein multiple users share the same tower and prove a hardship to the property as required by the ordinance. Co-location of one additional user shall not be prohibited on any facility so long as the height limits allowed, or previously granted, are not exceeded overall.