DIVISION 17. - WIRELESS TELEPHONE COMMUNICATION TOWERS AND ANTENNAS
Part of the Code of Ordinances of East Providence, RI.
The text
Footnotes:
--- (14) --- Editor's note— Section XII of Ch. 642, adopted March 15, 2016, renumbered Div. 16 to read as herein set out.
Sec. 19-347. - Purpose and objectives.#
(a)
The purpose of this division is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this division are to:
(1)
Protect residential areas and land uses from potential adverse impacts of towers and antennas;
(2)
Encourage the location of towers in nonresidential areas;
(3)
Minimize the total number of towers throughout the community;
(4)
Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;
(5)
Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;
(6)
Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques;
(7)
Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;
(8)
Consider the public health and safety of communication towers; and
(9)
Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.
(b)
In furtherance of these goals set out in subsection (a), the city shall give due consideration to the comprehensive plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.
(Ch. 463, § I, 12-16-97)
Sec. 19-348. - Definitions.#
As used in this division, the following terms shall have the meanings set forth below:
Alternative tower structure means manmade trees, clock towers, bell steeples, light poles, flag poles, and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers.
Antenna means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
Backhaul network means the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.
FAA means the Federal Aviation Administration.
FCC means the Federal Communications Commission.
Height means, when referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.
Preexisting towers and preexisting antennas means any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this division, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.
(Ch. 463, § I, 12-16-97)
Sec. 19-349. - Applicability.#
(a)
New towers and antennas. All new towers or antennas in the city shall be subject to these regulations, except as provided in subsections 19-349(b) through (e), inclusive. The height limitations of section 19-145 applicable to buildings and structures shall not apply to towers and antennas.
(b)
Amateur radio station operators/receive only antennas. This division shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas.
(c)
Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this division, other than the requirements of subsections 19-350(f) and 19-350(g).
(d)
AM array. For purposes of implementing this division, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.
(e)
Antennas. See section 19-352.
(Ch. 463, § I, 12-16-97; Ch. 154, § III, 1-16-01)
Sec. 19-350. - General requirements.#
(a)
Pre-application conference. A pre-application conference with the zoning officer and the planning department is required before any building permit is sought. The conference will serve to familiarize the applicant with the city's regulations.
(b)
Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.
(c)
Lot size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.
(d)
Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the director of planning and zoning officer at a preapplication meeting an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the city or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The zoning officer may share such information with other applicants applying for administrative approvals or special use permits under this division or other organizations seeking to locate antennas within the jurisdiction of the city, provided, however that the zoning officer is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
(e)
Aesthetics. Towers and antennas shall meet the following requirements:
(1)
Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
(2)
At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.
(3)
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(f)
Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
(g)
State or federal requirements. All towers 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 and regulations are changed, then the owners of the towers and antennas governed by this division 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 and 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.
(h)
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 city 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 the 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(i)
Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the city irrespective of municipal jurisdictional boundaries.
(j)
Nonessential services. Towers and antennas shall be regulated and permitted pursuant to this division and shall not be regulated or permitted as essential services, public utilities, or private utilities.
(k)
Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the city have been obtained and shall file a copy of all required franchises with the zoning officer.
(l)
[Reserved].
(m)
Signs. No signs shall be allowed on an antenna or tower.
(n)
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of section 19-354.
(o)
Multiple antenna/tower plan. The city encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.
(Ch. 463, § I, 12-16-97; Ch. 944, § I(Att.), 9-2-25)
Sec. 19-351. - Permitted uses.#
(a)
Generally. The uses listed in this section are deemed to be permitted uses and shall not require a special use permit. All such uses shall, to the greatest extent possible, comply with the design standards of this article relating to setbacks and separation, lighting, landscaping and security fencing.
(b)
Permitted uses. The following uses are specifically permitted:
(1)
Antennas or towers located on property owned, leased, or otherwise controlled by the city provided a license or lease authorizing such antenna or tower has been approved by the city and further provided that a site plan and a copy of the executed lease shall be submitted by the applicant and approved by the zoning officer and director of planning prior to a building permit being issued.
(2)
Notification of the proposed antenna or tower on property owned, leased or otherwise controlled by the city shall be required to be sent by first class mail by the applicant to all owners of real property whose property is located in or within 200 feet of the perimeter of the subject property, whether within the city or an adjacent city or town; such notice shall be sent to the last known address of such owners as shown on the current real estate tax assessment records of the city or town and at least 14 days prior to the city council meeting at which the license or lease authorizing such antenna or tower will be reviewed by the city council. The public notice shall contain a copy of the radius map showing the location of the cell tower and each of the properties in or within 200 feet of the perimeter of the subject property.
(3)
Locating a tower, including the placement of additional buildings or other supporting equipment used in connection with the tower, in any I-3 zoning district provided, however, that such tower shall be set back a distance equal to the height of the tower from any off-site residential land use, or in the case of vacant residentially zoned land, setback a distance equal to the height of the tower less the residential yard setback for the adjacent residential district.
(4)
Antennas, but not towers, upon the roof of any ten-story building or greater located within any zoning district.
(5)
Locating antennas on existing structures or towers in any zoning district consistent with the terms of subsections a. and b. below.
a.
Antennas on existing structures. Any antenna which is not attached to a tower may be approved by the zoning officer as an accessory use to any structure in an I-3 zoning district, provided:
1.
The antenna does not extend more than 30 feet above the highest point of the structure;
2.
The antenna complies with all applicable FCC and FAA regulations; and
3.
The antenna complies with all applicable building codes.
b.
Antennas on existing towers. An antenna which is attached to an existing tower may be approved by the zoning officer and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, colocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following:
1.
A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the zoning officer allows reconstruction as a monopole.
2.
Height.
(i)
An existing tower may be modified or rebuilt to a taller height, not to exceed 30 feet over the tower's existing height, to accommodate the collocation of an additional antenna.
(ii)
The height change referred to in subsection 3.(i) of this section may only occur one time per communication tower.
(iii)
The additional height referred to in subsection 3.(i) shall not require an additional distance separation as set forth in section 19-353. The tower's premodification height shall be used to calculate such distance separations.
3.
On-site location.
(i)
A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved on-site within ten feet of its existing location.
(ii)
After the tower is rebuilt to accommodate collocation, only one tower may remain on the site.
(iii)
A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to subsection 19-353(b)(5). The relocation of a tower hereunder shall in no way be deemed to cause a violation of subsection 19-353(b)(5).
(iv)
The on-site relocation of a tower which comes within the separation distances to residential uses or residentially zoned lands as established in subsection 19-353(b)(5) shall only be permitted when approved by the zoning officer.
(6)
Installing a cable microcell network through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.
(Ch. 463, § I, 12-16-97; Ch. 80, § I, 8-10-99; Ch. 81, § I, 8-10-99; Ch. 944, § I(Att.), 9-2-25)
Sec. 19-352. - Reserved.#
Editor's note— Ch. 944, § I(Att.), adopted Sept. 2, 2025, repealed § 19-352, which pertained to administratively approved uses and derived from Ch. 463, § I, adopted Dec. 16, 1997; Ch. 154, § IV, adopted Jan. 16, 2001; Ch. 877, § I, adopted June 6 2023.
Sec. 19-353. - Special use permits.#
(a)
Generally. The following provisions shall govern the issuance of special use permits and/or variance for towers or antennas in addition to all other requirements of this section for the issuance of special use permits:
(1)
Applications for special use permits or variance under this section shall be subject to the procedures and requirements of section 19-39 et seq. and section 19-45 et seq. of this chapter, as applicable, except as modified in this section.
(2)
In granting a special use permit, the zoning board of review may impose conditions to the extent the zoning board of review concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
(3)
If a tower is not a permitted use under section 19-98 of this division, then a use variance shall be required for the construction of a tower or placement of an antenna and all such applications shall submit the information required within this division for special use permits, shall meet the design standards for towers or antennas requiring a special use permit and further shall be subject to the procedures and requirements of section 19-45 et seq., except as modified in this section.
(4)
Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.
(5)
An applicant for a special use permit shall submit the information described in this section and a nonrefundable fee as established by the city council to reimburse the city for the costs of reviewing the application.
(b)
Towers.
(1)
Information required. In addition to any information required for applications for special use permits pursuant to section 19-41 of this chapter, applicants for a special use permit for a tower shall submit the following information:
a.
A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), comprehensive plan classification of the site and all properties within the applicable separation distances set forth in subsection 19-353(b)(5), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the zoning officer to be necessary to assess compliance with this division.
b.
Legal description of the parent tract and leased parcel (if applicable).
c.
The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.
d.
The separation distance from other towers described in the inventory of existing sites submitted pursuant to subsection 19-350(d) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
e.
A landscape plan showing specific landscape materials.
f.
Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.
g.
A description of compliance with subsections 19-350(c), (d), (e), (f), (g), (j), (l), and (m), 19-353(b)(4), 19-353(b)(5) and all applicable federal, state or local laws.
h.
A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
i.
Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.
j.
A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.
k.
A description of the feasible location(s) of future towers or antennas within the city based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
(2)
Factors considered in granting special use permits or variance for towers. In addition to any standards for consideration of special use permit applications pursuant to section 19-39 et seq. of this chapter, the following factors shall be considered in determining whether to issue a special use permit or variance:
a.
Height of the proposed tower;
b.
Proximity of the tower to residential structures and residential district boundaries;
c.
Nature of uses on adjacent and nearby properties;
d.
Surrounding topography;
e.
Surrounding tree coverage and foliage;
f.
Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
g.
Proposed ingress and egress; and
h.
Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in subsection 19-353(b)(3) of this division.
(3)
Availability of suitable existing towers, other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the zoning board of review that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the zoning board of review related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:
a.
No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.
b.
Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.
c.
Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
d.
The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
e.
The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
f.
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
g.
The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
(4)
Setbacks. The following setback requirements shall apply to all towers for which a special use permit is required:
a.
Towers must be set back a distance equal to at least 75 percent of the height of the tower from any adjoining lot line.
b.
Guys and accessory buildings must satisfy the minimum zoning district setback requirements.
(5)
Separation. The following separation requirements shall apply to all towers and antennas for which a special use permit is required:
a.
Separation from off-site uses/designated areas.
1.
Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.
2.
Separation requirements for towers shall comply with the minimum standards established in Table 1.
Table 1:
Separation Requirements for Towers
MINIMUM STANDARDS Off-Site Use/Designated Area Separation Distance
Single-family or two-family residential units 1 200 feet or 300 percent height of tower whichever is greater
Vacant single-family or two-family residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired 200 feet or 300 percent height of tower 2 whichever is greater
Vacant unplatted residentially zoned lands 1 100 feet or 100 percent height of tower whichever is greater
Existing multifamily residential units greater than two-family units 100 feet or 100 percent height of tower whichever is greater
Non-residentially zoned lands or nonresidential uses None; only setbacks apply
1 Includes modular homes and mobile homes used for living purposes.
2 Separation measured from base of tower to closest building setback line.
3 Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan approval and any multifamily residentially zoned land greater than duplex.
b.
Separation distances between towers.
1.
Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 2.
Table 2:
Existing Towers—Types
MINIMUM SEPARATION BETWEEN TOWERS (BY TOWER TYPE) Lattice Guyed Monopole 75 Feet in Height or Greater Monopole Less Than 75 Feet in Height
Lattice 5,000 5,000 1,500 750
Guyed 5,000 5,000 1,500 750
Monopole 75 Feet in Height or Greater 1,500 1,500 1,500 750
Monopole Less Than 75 Feet in Height 750 750 750 750
(6)
Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anticlimbing device.
(7)
Landscaping. The following requirements shall govern the landscaping surrounding towers for which a special use permit is required:
a.
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.
b.
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived by the zoning board of review.
c.
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
(Ch. 463, § I, 12-16-97; Ch. 154, § V, 1-16-01; Ch. 944, § I(Att.), 9-2-25)
Sec. 19-354. - Buildings or other equipment storage.#
(a)
Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas shall comply with all applicable building and fire codes.
(b)
Antennas mounted on utility poles or light poles. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:
(1)
In residential districts, the equipment cabinet or structure for each user may be located in accordance with the following:
a.
All front and side yard setbacks of the district in which the tower is located shall be met and the cabinet or structure shall be no greater than 15 feet in height or 240 square feet of gross floor area. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least 42-48 inches and a planted height of at least 36 inches.
b.
All rear yard setbacks of the district in which the tower is located shall be met and the cabinet or structure shall be no greater than 15 feet in height or 240 square feet in gross floor area. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches.
(2)
In commercial or industrial districts the equipment cabinet or structure shall be no greater than 15 feet in height or 240 square feet in gross floor area for each user. The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches. In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence six feet in height or an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches.
(c)
Antennas located on towers. The related unmanned equipment structure shall not contain more than 240 square feet of gross floor area or be more than 15 feet in height for each user, and shall be located in accordance with the minimum yard requirements of the zoning district in which located.
(d)
Modification of building size requirements. The requirements of subsections 19-354(a) through (c) may be modified by the permitting authority to encourage collocation.
(Ch. 463, § I, 12-16-97; Ch. 944, § I(Att.), 9-2-25)
Sec. 19-355. - Removal of abandoned antennas and towers.#
Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the city notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within the 90 days shall be grounds to remove the tower or antenna 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.
(Ch. 463, § I, 12-16-97)
Sec. 19-356. - Nonconforming uses.#
(a)
Nonexpansion of nonconforming use. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this division shall not be deemed to constitute the expansion of a nonconforming use or structure.
(b)
Preexisting towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this division.
(c)
Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding section 19-355, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a special use permit and without having to meet the setback and separation requirements specified in subsections 19-353(b)(4) and 19-353(b)(5). The type, height, and location of the tower on-site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if the permit expires, the tower or antenna shall be deemed abandoned as specified in section 19-355.
(Ch. 463, § I, 12-16-97)