7 April 8, 2015 Public Hearing

Transcription

1 7 Aril 8, 2015 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO ZONING ORDINANCE WIRELESS COMMUNICATION FACILITIES REQUEST: An Ordinance to Amend City Zoning Ordinance Section 111 by adding definitions of Small Wireless Facility and Temorary Communication Tower and Amending the Definitions of Antenna, Building- Mounted, and Communication Tower, City Zoning Ordinance Section 207, Pertaining to Requirements for Building-Mounted Antennas, Temorary Communication Towers, and Small Wireless Facilities, City Zoning Ordinance Section 232, Establishing Requirements For Small Wireless Facilities, Temorary Telecommunication Towers and Building-Mounted Antennas, and City Zoning Ordinance Sections 301, 401, 501, 601, 701, 801, 901, 1001, 1110, 1501, 1521, 1531, and 2203 and Sections 5.1, 5.2 And 5.3 of the Oceanfront Resort District Form-Based Code, allowing Small Wireless Facilities as Princial or Conditional Uses in the P-1 Preservation District, AG-1 And AG-2 Agricultural Districts, R-2.5 through R- 40 Residential Districts, A-12 through A-36 Aartment Districts, H-1 Hotel District, O-1 and O-2 Office Districts, B-2 through B-4C Business Districts, I-1 and I-2 Industrial Districts, RT-1, RT-3, and RT-4 Resort Tourist Districts, CBC Central Business Core District, and Or Oceanfront Resort District, and allowing Temorary Communication Towers as Princial or Conditional Uses in such districts. SUMMARY OF AMENDMENT The roosed amendments change several rovisions in the Zoning Ordinance ertaining to wireless communication facilities as well as introduce two new tyes of facilities: Temorary Communication Towers and Small Wireless Facilities. The amendments are summarized below. 1. The amendment redefines Communication Tower to secify that the term includes any associated base station and any equiment associated with wireless communications service, such as radio transceivers, antennas, co-axial or fiber-otic cable, regular or backu ower suly, and comarable equiment (Lines 84 92). 2. This amendment udates the City Zoning Ordinance ertaining to new rules for wireless communication facilities adoted by the Federal Communications Commission (FCC). These new FCC rules are codified in the Code of Federal Regulations (CFR), 47 CFR Parts 1 and 17 (Acceleration of Broadband Deloyment by Imroving Wireless Facilities Siting Policies; Final Rule). Perhas most significantly, the amendment rovides that co-locations of antenna arrays or other modifications to a communication tower or base station that substantially changes, whether individually or cumulatively, the hysical dimensions of such tower or base station shall require a new or modified Use Permit. While this has been the standard ractice of the City, the new FCC CITY OF VIRGINIA BEACH / Amendment to Zoning Ordinance Wireless Facilities Agenda Item 7 Page 1

2 rules rovide that co-locations or modifications that do not substantially change the size of a tower or base station must be aroved administratively. Those regulations also set forth standards for determining whether a co-location or modification substantially changes the hysical dimensions of such tower or base station and rovide that the determination is to take into account the cumulative changes to a tower or base station so as to reclude an oerator from making iecemeal modifications intended to avoid the necessity for discretionary aroval such as a conditional Use Permit (Lines ). 3. The amendment adds definitions for Temorary Communication Towers and Small Wireless Facility to Section 111: a. Temorary Communication Tower A ortable communication tower that is intended or used to rovide wireless telecommunication service on a temorary or emergency basis and that is not ermanently affixed to the site on which it is located. Such towers include, without limitation, Cells-on-Wheels (COW), Site-on-Wheels (SOW), Cell on Light Trucks (COLT) or other ortable devices. b. Small Wireless Facility Small wireless facilities include smaller antennas and comact radio equiment deloyed in order to rovide mobile voice and broadband service. Such facilities include distributed antenna systems (DAS), small cells, and other low-owered radio access nodes, including those that oerate in licensed sectrum and unlicensed carrier-grade Wi-Fi. Small wireless facilities tyically have a range from ten (10) meters to several hundred meters and can be deloyed on a variety of non-traditional structures such as utility oles, as well as on rooftos and inside buildings, to enhance caacity or fill in coverage gas. The terms shall be construed to include suorting lines, cables, wires, braces, masts or other aurtenances. The amendment also modifies the definitions of "Building-Mounted Antenna," such that small wireless facilities are not included, and "Communication Tower," so as to clarify that regulations ertaining to Communication Towers also aly to associated base stations, which are also defined (Lines ). 4. The amendments revise the general standards for Building-Mounted Antennas in Section 207 by reducing the maximum building or structure height uon which antennas may be mounted from 50 to 30 feet. Building-mounted antennas that do not meet the revised standards of Section 207 will now be ermitted as a conditional use. 5. Currently, building-mounted antennas are, and will remain, rohibited in the Residential zoning districts. The amendments to Section 207 will now rohibit building-mounted antennas on singlefamily dwellings or dulexes in any zoning district unless a Conditional Use Permit was granted. Home satellite dishes, television and radio antennas used for the sole benefit of the occuants are not affected by this change, remaining excluded from the definition of Building-Mounted Antennas. 6. The amendment adds Small Wireless Facilities, as defined in Section 111, as a ermitted use subject to general standards in Section 207. These general standards include requirements for the maximum dimensions and concealment of such facilities, as well as rohibition of their use on roerties containing single-family and dulex dwellings. Small wireless facilities that do not meet the standards of Section 207 are added as a conditional use. 7. The amendment adds Temorary Communication Towers, as defined in Section 111, as a ermitted use subject to general standards in Section 207. The following are the more significant of those standards. CITY OF VIRGINIA BEACH / Amendment to Zoning Ordinance Wireless Facilities Agenda Item 7 Page 2

3 a. The maximum allowed height is 100 feet; b. The maximum duration that such a tower may be used is the longer of the following: i. Five (5) days; ii. Where used in conjunction with a Secial Event Permit (City Code Section 4-1), 48 hours rior to and after such event; or iii. In cases of declared emergencies resulting in the disablement of existing telecommunications facilities, the duration of the emergency; c. Minimum setback from any residential district or use, as measured to the nearest lot line of such district or use, is two times the height of the tower or 150 feet, whichever is greater; d. The sound from any generators roviding ower to the temorary communication tower cannot exceed 65 A-weighted decibels (65 dba) at a distance of 20 feet from the noise source; and e. Unless allowed by Conditional Use Permit, no temorary communication tower will be allowed east of Pacific Avenue from 4th Street to 42nd Street. f. Small wireless facilities that do not meet the standards of Section 207 are added as a conditional use. If these standards cannot be met, a temorary communication tower may be allowed with a Conditional Use Permit if the zoning district regulations so rovide. Adding temorary communication towers and small wireless facilities as new use categories and decreasing the minimum ermitted height for building-mounted antennas will oen u a greater number of sites for wireless communication facilities using less obtrusive methods than traditional towers. The rovisions for greater flexibility in terms of facility siting, which include the new FCC-mandated standards for determining administrative and discretionary zoning review, will enable roviders to increase wireless service. The amendments retain standards for the concealment of communication towers and buildingmounted antennas, and rovide new concealment standards for small wireless facilities and standards for temorary communication towers. Staff recommends aroval of the amendments. RECOMMENDATION CITY OF VIRGINIA BEACH / Amendment to Zoning Ordinance Wireless Facilities Agenda Item 7 Page 3

4 AN ORDINANCE TO AMEND CITY ZONING ORDINANCE SECTION 111 BY ADDING DEFINITIONS OF "SMALL WIRELESS FACILITY" AND "TEMPORARY COMMUNICATION TOWER" AND AMENDING THE DEFINITIONS OF "ANTENNA, BUILDING-MOUNTED," AND "COMMUNICATION TOWER," CITY ZONING ORDINANCE SECTION 207, PERTAINING TO REQUIREMENTS FOR BUILDING MOUNTED ANTENNAS, TEMPORARY COMMUNICATION TOWERS AND SMALL WIRELESS FACILITIES; CITY ZONING ORDINANCE SECTION 232, ESTABLISHING REQUIREMENTS FOR SMALL WIRELESS FACILITIES AND BUILDING-MOUNTED ANTENNAS; AND CITY ZONING ORDINANCE SECTIONS 301, 401, 501, 601, 701, 801, 901, 1001, 1110, 1501, 1521, 1531 AND 2203 AND SECTIONS 5.1, 5.2 AND 5.3 OF THE OCEANFRONT RESORT DISTRICT FORM-BASED CODE, ALLOWING SMALL WIRELESS FACILITIES AS PRINCIPAL OR CONDITIONAL USES IN THE P-1 PRESERVATION DISTRICT, AG-1 AND AG-2 AGRICULTURAL DISTRICTS, R-2.5 THROUGH R-40 RESIDENTIAL DISTRICTS, A-12 THROUGH A-36 APARTMENT DISTRICTS, H-1 HOTEL DISTRICT, 0-1 AND 0-2 OFFICE DISTRICT, B-2 THROUGH B-4C BUSINESS DISTRICTS, 1-1 AND 1-2 INDUSTRIAL DISTRICTS, RT-1, RT-3, AND RT-4 RESORT TOURIST DISTRICTS, CBC CENTRAL BUSINESS CORE DISTRICT, AND OR OCEANFRONT RESORT DISTRICT AND ALLOWING TEMPORARY COMMUNICATION TOWERS AS PRINCIPAL OR CONDITIONAL USES IN SUCH DISTRICTS Sections Amended: City Zoning Ordinance Sections 111, 207, 232, 301,401, 501,601,701, 801,901, 1001, 1110, 1501,1521, 1531 and 2203 and Sections 5.1, 5.2 and 5.3 of the Oceanfront Resort District Form-Based Code 32 WHEREAS, the ublic necessity, convenience, general welfare and good 33 zoning ractice so require; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 36 OF VIRGINIA BEACH, VIRGINIA: That City Zoning Ordinance Sections 111, 207, 232, 301, 401, 501, 601, , 801, 901, 1001, 1110, 1501, 1521, 1531 and 2203 and Section 5.2 Of The

5 40 Oceanfront Resort District Form-Based Code are hereby amended and 41 reordained by adding a definition of "small wireless facility," amending the 42 definition of "antenna, building-mounted, establishing requirements for building- 43 mounted antennas, temorary communication towers and small wireless facilities, 44 and allowing small wireless telecommunication facilities as ermitted or 45 conditional uses in the P-1 Preservation District, AG-1 and AG-2 Agricultural 46 Districts, R-2.5 through R-40 Residential Districts, A-12 through A-36 Aartment 47 Districts, H-1 Hotel District, 0-1 and 0-2 Office District, B-2 Through B-4C 48 Business Districts, 1-1 and 1-2 Industrial Districts, RT-1, RT-3, and RT-4 Resort 49 Tourist Districts, CBC Central Business Core District, and Section 5.2 of the OR 50 Oceanfront Resort District, to read as follows: ARTICLE 1. GENERAL PROVISIONS Sec Definitions For the urose of this ordinance, words used in the resent tense shall 58 include the future; words used in the singular number include the lural and the 59 lural the singular; the use of any gender shall be alicable to all genders; the 60 word "shall" is mandatory; the word "may" is ermissive; the word "land" includes 61 only the area described as being above mean sea level; and the word "erson" 62 includes an individual, a artnershi, association, or cororation In addition, the following terms shall be defined as herein indicated; 65 rovided that in the event a term defined in this section is defined differently in the 66 regulations of any form based district identified in Section 102(a)(13), the latter 67 definition shall control if the roerty to which the definition alies is located in 68 the form based such district: Antenna, building mounted. Any structure or device affixed to a building or 72 other structure, excet a water tank, for the urose of suorting broadcast 73 equiment of any frequency or electromagnetic wave, or any similar system of 74 wires, oles, rods, reflecting discs or similar devices used for the transmission or 75 recetion of electromagnetic waves. The term does not include communication 76 towers, antennas mounted on communication towers, home satellite dishes, small 77 wireless facilities or television or radio antennas used rimarily for the benefit of 78 the occuants of, or visitors to, roerty on which such antennas are located. 2

6 Communication tower. Any ole, sire or other structure, including 82 suorting lines, cables, wires, braces, masts or other aurtenances, intended or 83 used rimarily for the urose of affixing antennas or other wireless 84 telecommunications equiment or for housing such equiment and any 85 associated base station. For uroses of this ordinance, regulations ertaining to 86 communication towers shall aly to any associated base station as alicable. 87 The term "base station" includes any equiment and non-tower suorting 88 structure at a fixed location that enable wireless communications between user 89 equiment and a communications network, and any other equiment associated 90 with wireless communications service, including, but not limited to, radio 91 transceivers, antennas, coaxial or fiber-otic cable, regular and backu ower 92 suly, and comarable equiment. The term does not include rivate home use 93 of satellite dishes and television antennas or by amateur radio oerators as 94 licensed by the Federal Communications Commission Communication tower, temorary. A ortable communication tower that is 97 intended or used to rovide wireless telecommunication service on a temorary or 98 emergency basis and that is not ermanently affixed to the site on which it is 99 located. Such towers include, without limitation, Cells-on-Wheels (COW), Site-on- 100 Wheels (SOW), Cell on Light Trucks (COLT) or other ortable devices Small Wireless Facility. Small wireless facilities include smaller antennas 105 and comact radio equiment deloyed in order to rovide mobile voice and 106 broadband service. Such facilities include distributed antenna systems (DAS), 107 small cells, and other low-owered radio access nodes, including those that 108 oerate in licensed sectrum and unlicensed carrier-grade Wi-Fi. Small wireless 109 facilities tyically have a range from ten (1 0) meters to several hundred meters 110 and can be deloyed on a variety of non-traditional structures such as utility oles, 111 as well as on rooftos and inside buildings, to enhance caacity or fill in coverage 112 gas. The terms shall be construed to include suorting lines, cables, wires, 113 braces, masts or other aurtenances

7 116 COMMENT The amendments in the second aragrah of the introductory ortion of the section 119 are technical in nature and are intended to encomass all codes intended to imlement a 120 Strategic Growth Area Plan, rather than only form-based codes, The remaining amendments modify the definitions of "building-mounted antenna" 123 so as to exclude small wireless facilities and "communication tower" so as to clarify that 124 regulations ertaining to communication towers also aly to associated base stations, which 125 are also defined. New definitions of "communication tower, temorary" and "small wireless 126 facility" are added to the section as well ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE 131 TO ALL DISTRICTS A Regulations Relating to Lots, Yards, Heights, Off-Street Parking, Off-Street Loading, and Certain Uses Sec Building-mounted antennas, small wireless facilities and 139 temorary communication towers. 140 The following rovisions shall aly to building-mounted antennas in 142 all districts in which they are ermitted, unless otherwise rovided by conditional 143 use ermit: ill Antennas shall, through the use of screening, colorization, lacement, design, or any combination thereof, be as visually unobtrusive as is reasonably racticable; No antenna shall be located uon any building or structure less than My thirty fw1 (30) feet in height; No antenna shall extend to a height greater than twenty-two (22) feet above the highest oint of the building or structure to which it is affixed; 4

8 156 f61 (.1} No antenna shall be erected unless a rofessional engineer 157 licensed in the Commonwealth of Virginia certifies to the 158 building official that the roosed antenna, or array of 159 antennas, comlies with all alicable Federal 160 Communications Commission regulations, including, without 161 limitation, regulations ertaining to the emission of radio 162 frequency radiation ; af\g (6) Buildings or other structures housing electronic equiment or other equiment or materials used in connection with the oeration of an antenna shall meet all alication setback and landscaing requirements; and. Building-mounted antennas shall not be ermitted on singlefamily dwellings or dulexes in any district or on any roerty 171 containing such a use (b) The following rovisions shall aly to small wireless facilities, other 174 than those located on ublic rights-of way or other ublic roerty or in the interior 175 of a building, in all districts in which they are ermitted, unless otherwise rovided 176 by conditional use ermit : ( 1) Alication requirements. Alications for small wireless facilities may encomass multile sites, rovided that all such sites are located within a single, discrete area of the City. Alications shall include: (i) a lan showing the roosed location by Geograhic Parcel Identification Number (GPIN) of each small wireless facility, and a diagram or other suitable reresentation of the roosed location of each such facility on a building or structure, showing the dimensions of each facility, its height from ground level and the tye of building or structure on which each such facility is to be affixed; (ii) hotograhs or accurate renderings, including correct colors and exact dimensions. of each tye of roosed small wireless facility; (iii) a statement signed by a rofessional engineer licensed in the Commonwealth of Virginia the roosed facilities comly with all alicable Federal Communications Commission regulations. including, without limitation. regulations ertaining to the emission of radio 5

9 (2) (3) (4) (5) (6) frequency radiation; and (iv) such additional information as the lanning director may reasonably require in order to determine whether the requirements of this section are met. Such facilities shall be substantially concealed from view by means of ainting or tinting to match the surface of the building or other structure to which they are affixed or by other suitable method. such as by flush-mounting or integration into the design elements of the building or structure. If visible from a ublic street, equiment other than whi antennas and electrical ower or battery backu cabinets shall be no greater than eight (8) cubic feet in volume. Whi antennas shall be no longer than twenty-five (25) feet. Electrical ower and battery backu cabinets shall, to the extent racticable, be roof-mounted or otherwise located so as to not be visible from a ublic street or. where not racticable, such equiment shall be aroriately screened by landscaing or other means minimizing visibility from a ublic street. Minimum height of antennas. if affixed to a building or other vertical structure shall be ten (10) feet. Small wireless facilities shall not be ermitted on single-family dwellings or dulexes in any district or on any roerty 223 containing such a use (c) Secial rovisions for temorary communication towers. Temorary 226 communication towers meeting the requirements of this subsection shall be 227 allowed as rincial uses where so rovided by the regulations of the district in 228 which they are located: (1) (2) Maximum height shall be one hundred (1 00) feet; Maximum duration shall be the longer of (i) five (5) days; (ii) where used in conjunction with an event ermitted ursuant 6

10 (3) (4) (5) (6) (7) (8) to City Code Section 4-1 (secial events ermits), forty-eight (48) hours rior to and after such event; or (iii) in cases of declared emergencies resulting in the disablement of existing telecommunications facilities, the duration of the emergency; Minimum setback from any residential district or use, as measured to the nearest lot line of such district or use, shall be two (2) times the height of the tower or one hundred fifty (150) feet, whichever is greater; No grading or removal of vegetation shall be ermitted; Noise from generators shall not exceed sixty-five A-weighted decibels ( 65 dba) at a distance of twenty (20) feet from the noise source; No signage or lighting other than as may be required by law shall be allowed; A certification that the tower is caable of suorting the total anticiated caacity of the tower, including all aurtenances. and a certification that all equiment intended to be affixed to the roosed tower comly with all alicable regulations romulgated by the Federal Communications Commission ertaining to the emission of radio frequency radiation shall be required rior to deloyment of the tower. Such certifications shall be under seal from a rofessional engineer licensed in Virginia; and Unless allowed by conditional use ermit, no temorary communication tower shall be allowed east of Pacific Avenue from 4 1 h Street to 42nd Street. 267 COMMENT The section sets forth the requirements for alications, concealment or screening, 270 height, size and other characteristics of small wireless facilities and temorary 271 communication towers ermitted by right. Under the roosed Section 232(k), such facilities 272 may be allowed a conditional uses if the requirements of tbis section are not met

11 274 The section also sets forth requirements for temorary communication towers that 275 are ermitted as rincial (by-right) uses and rovides that temorary towers not meeting 276 the requirements of the section may be allowed as conditional uses where district regulations 277 so rovide Sec Communication towers; building-mounted antennas; small 282 wireless facilities (a) Purose; alicability. ill The urose of this section is to (1) facilitate the rovision of wireless communications services to the citizens and businesses of the city; (2) minimize the risk of hysical damage and other otential adverse imacts of communications towers; (3) require, where commercially reasonable, the joint use of communications towers by roviders of wireless telecommunications services so as to avoid unnecessary roliferation of communication towers and related facilities; and (4) allow the use of ublic roerty under circumstances in which such use (i) minimizes the otential adverse visual and other imacts of communication towers and their aurtenances; (ii) does not adversely affect the oeration of ublic facilities such as ublic safety communications facilities and water tanks for their rimary urose; and (iii) conforms to alicable requirements ertaining to the use of ublic roerty for uroses of communication tower siting. Notwithstanding the rovisions of Section 105(d) of this ordinance. any co-location of antenna arrays or other modifications to a communication tower or base station that substantially changes. whether individually or cumulatively, the hysical dimensions of such tower or base station. shall require a new or modified conditional use ermit. For urose of this section. the standards set forth in Title 47, Part 1. Subart CC of the Code of Federal Regulations (47 C.F.R et seq.), or any successor regulation, shall be determinative of whether a co-location or other 8

12 modification substantially changes the hysical dimensions of a communication tower or base station. 319 (j) Secial rov1s1ons for communication towers affixed to electric 320 transmission line structures and building-mounted antennas ill Communication towers affixed to electric transmission line structures and building-mounted antennas shall be allowed as rincial uses where so ermitted in the district regulations, rovided that the following requirements are met: Communication towers and building-mounted antennas shall be made of materials or ainted in such manner as to match, to the maximum extent racticable, the color of the structure uon which they are affixed or mounted; Communication towers shall not roject above the to of the structure to which they are affixed by more than twenty (20) ercent of the height of the structure; The owner of the communication tower or his agent submits to the lanning director a list containing the name and last known address of the owner of all abutting lots, as shown on the current real estate tax assessment books or current real estate tax assessment records. The lanning director shall thereafter notify such roerty owners of the filing of the site lan or building ermit alication seeking aroval of the communication tower. No such site lan or building ermit shall be aroved for a eriod of seven (7) days from the mailing of the notices; and Building-mounted antennas shall requirements of section conform to the

13 (2) Communication towers affixed to electric transmission line structures and building-mounted antennas not meeting the alicable requirements of this section may be ermitted as conditional uses where so rovided by the regulations of the district in which they are located. 358 (k) Small wireless facilities and temorary communication towers not 359 meeting the requirements of Section 207 may be allowed as conditional uses 360 where so rovided by the regulations of the district in which they are located COMMENT The amendments to this section are as follows: 1. Added new catchline to the section; 2. Added new catchline to subsection (a); 3. Added language in subsection (j) (2) roviding that communication towers affixed to electric transmission line structures and building-mounted antennas not meeting the alicable requirements of this section may be ermitted as conditional uses if so rovided by the alicable zoning district use regulations; 4. Added a new subsection (k), roviding that small wireless facilities and temorary communication towers not meeting the alicable requirements of this section may be ermitted as conditional uses if so rovided by the alicable zoning district use regulations; and 5. Added a new subdivision (3) to subsection (a), roviding that co-locations of antenna arrays or other modifications to a communication tower or base station that substantially changes, whether individually or cumulatively, the hysical dimensions of such tower or base station shall require a new or modified conditional use ermit. While that has been the standard ractice of the City, recent federal regulations rovide that co-locations or modifications that do 1wt substantially change the size of a tower or base station must be aroved administratively. Those regulations also set forth standards for determining whether a co-location or modification substantially changes the hysical dimensions of such tower or base station and rovide that the determination is to take into account the cumulative changes to a tower or base station so as to reclude an oerator from making iecemeal modifications intended to avoid the necessity for discretionary aroval such as conditional use ermit. 10

14 ARTICLE 3. PRESERVATION DISTRICT Sec Use regulations (a) Princial and conditional uses. The following chart lists those uses 403 ermitted within the P-1 Preservation District. Those uses and structures shall be 404 ermitted as either rincial uses indicated by a "P" or as conditional uses 405 indicated by a "C". No uses or structures other than as secified shall be 406 ermitted Use P Antennas, building mounted Use P Building-mounted antennas meeting the 416 requirements of Section Building-mounted antennas other than those 419 meeting the requirements of Section Communication towers meeting the requirements 424 of Section 232U) Communication towers c Small wireless facilities meeting the requirements 431 of Section Small wireless facilities other than those 434 meeting the requirements of Section 207 c

15 438 Temorary communication towers meeting 439 the requirements of Section Temorary communication towers not meeting 442 the requirements of Section COMMENT The amendments: (1) Add building-mounted antennas meeting the requirements of Section 207 as a 451 rincial use, and other building mounted antennas as a conditional use, in the P Preservation District; (2) Add temorary communication towers meeting the requirements of Section as rincial uses in the P-1 District; (3) Add temorary communication towers not meeting the requirements of 458 Section 207 as conditional uses in the P-1 District; (4) Add small wireless facilities meeting the requirements of Section 207 as 461 rincial uses in the District; and (5) Add small wireless facilities other than those meeting the requirements of 464 Section 207 as conditional uses in the District ARTICLE 4. AGRICULTURAL DISTRICTS Sec Use regulations (a) Princial and conditional uses. The following chart lists those uses 475 ermitted within the AG-1 and AG-2 Agricultural Districts. Those uses and 476 structures in the resective agricultural districts shall be ermitted as either 477 rincial uses indicated by a "P" or as conditional uses indicated by a "C". Uses 478 and structures indicated by an "X" shall be rohibited in the resective districts. 479 No uses or structures other than as secified shall be ermitted

16 Use Antennas, building mounted Building-mounted antennas, subject to meeting the requirements of Section 207 Building-mounted antennas other than those meeting the requirements of Section 207 Communication towers meeting the requirements of Section 232U) and temorary communication towers meeting the requirements of Section 207 Communication towers e:xcet as secified above other than those meeting the requirements of Section 232(j) and temorary communication towers other than those meeting the requirements of Section 207 Small wireless facilities meeting the requirements of Section 207 Small wireless facilities other than those meeting the requirements of Section COMMENT The amendments: 517 AG-1 AG (1) Add building-mounted antennas meeting the requirements of Section 207 as a 519 rincial use, and other building mounted antennas as a conditional use, in the Agricultural 520 District; 521 c c 13

17 522 (2) Add temorary communication towers meeting the requirements of Section as a rincial use in the District and those not meeting such requirements as a conditional 524 use; (3) Add small wireless facilities meeting the requirements of Section 207 as a 527 ermitted use in the district; and ( 4) Add small wireless facilities other than those meeting the requirements of Section as a conditional use in the district ARTICLE 5. RESIDENTIAL DISTRICTS Sec Use regulations. 539 (a) Princial and conditional uses. The following chart lists those uses 540 ermitted within the R-40 through R-2.5 Residential Districts. Those uses and 541 structures in the resective residential districts shall be ermitted as either 542 rincial uses indicated by a "P" or as conditional uses indicated by a "C." Uses 543 and structures indicated by an "X" shall be rohibited in the resective districts. 544 No uses or structures other than as secified shall be ermitted Use R-40 R-30 R-20 R-15 R-10 R-7.5 R-50 R-5R R-5$ R Communication towers 550 meeting the requirements 551 of Section 2320) and 552 temorary communication 553 towers meeting the require- 554 ments of Section 207 P P P P Communication towers 557, excet as secified 558 a9gve other than those 559 meeting the requirements 560 of Section 232(j) and tem- 561 orary communication towers 562 other than those meeting the 563 requirements of Section 207 C C C C c c c c c c

18 565 Use R-40 R-30 R-20 R-15 R-10 R-7.5 R-50 R-5R R-5S R Small wireless facilities meeting 570 the reguirements of Section 207, 571 exce[2t on [2f0[2erty containing 572 a single-family dwelling 573 or du[21ex.!:.!: X X X X X X X X Small wireless facilities other 577 than those meeting the reguirements of Section 207, exce[2t on groqerty containing a single 580 -family dwelling or duglex.q.q.q X X X X X X X COMMENT The amendments: (1) Add temorary communication towers meeting the requirements of Section as a rincial use in Residential Districts and those not meeting such requirements as a 591 conditional use; (3) Add small wireless facilities meeting the requirements of Section 207 as a 594 ermitted use in the District, excet on roerty containing a single-family dwelling or 595 dulex; and (4) Add small wireless facilities other than those meeting such requirements as a 598 conditional use, excet on roerty containing a single-family dwelling or dulex ARTICLE 6. APARTMENT DISTRICTS Sec Use regulations

19 609 (a) Princial and conditional uses. The following chart lists those uses 610 ermitted within the A-12 through A-36 Aartment Districts. Those uses and 611 structures in the resective aartment districts shall be ermitted as either 612 rincial uses indicated by a "P" or as conditional uses indicated by a "C". Uses 613 and structures indicated by an "X" shall be rohibited in the resective districts. 614 No uses or structures other than as secified shall be ermitted Use A-12 A-18 A-24 A Building-mounted antennas, subject 619 te meeting the requirements of 620 Section Building-mounted antennas other than 622 those meeting the requirements of 623 Section 207 C Communication towers meeting the 628 requirements of Section 232U) and 629 and temorary communications towers 630 meeting the requirements of Section 207 P Communication towers, excet as 633 secified above other than those 634 meeting the requirements of Section (j) and temorary communication 636 towers other than those meeting the 637 requirements of Section 207 C Small wireless facilities meeting the 642 requirements of Section 207.E Small wireless facilities other 645 than those meeting the require- 646 ments of Section 207 ~ c c c 16

20 COMMENT The amendments: (1) Allow building-mounted antennas other than those meeting the requirements of 656 Section 207 as a conditional use in Aartment Districts; (2) Add temorary communication towers meeting the requirements of Section as a rincial use in Aartment Districts and those not meeting such requirements as a 660 conditional use; (3) Add small wireless facilities meeting the requirements of Section 207 as a 663 ermitted use; and ( 4) Add small wireless facilities other than those meeting such requirements as a 666 conditional use ARTICLE 7. HOTEL DISTRICTS Sec Use regulations (a) Princial and conditional uses. The following chart lists those uses ermitted within the H-1 Hotel District. Those uses and structures in the district shall be ermitted as either rincial uses indicated by a "P" or as conditional uses indicated by a "C". Uses and structures indicated by an "X" shall be rohibited in the resective districts. No uses or structures other than as secified shall be ermitted. Use Building-mounted antennas, subject to meeting the requirements of Section 207 Building-mounted antennas other than those meeting the reguirements of Section H-1

21 Communication towers meeting the requirements of Section 232U) and temorary communication towers meeting the requirements of Section 207 Communication towers, excet as secified above other than those meeting the requirements of Section 232(j) and temorary communication towers other than those meeting the requirements of Section 207 Small wireless facilities meeting the requirements of Section 207 Small wireless facilities other than those meeting the requirements of Section COMMENT The amendments: (1) Allow building-mounted antennas other than those meeting the requirements of 718 Section 207 as a conditional use in the H-1 Hotel District; (2) Add temorary communication towers meeting the requirements of Section as a rincial use and those not meeting such requirements as a conditional use; (3) Add small wireless facilities meeting the requirements of Section 207 as a 724 ermitted use; and (4) Add small wireless facilities other than those meeting such requirements as a 727 conditional use ARTICLE 8. OFFICE DISTRICTS

22 Sec Use regulations (a) Princial and conditional uses. The following chart lists those uses 738 ermitted within the 0-1 and 0-2 Office Districts. Those uses and structures in 739 the resective office districts shall be ermitted as either rincial uses indicated 740 by a "P" or as conditional uses indicated by a "C". Uses and structures indicated 741 by an "X" shall be rohibited in the resective districts. No uses or structures 742 other than as secified shall be ermitted Use Building-mounted antennas, subject to meeting 7 49 the requirements of Section Building-mounted antennas other than those 752 meeting the requirements of Section Communication towers 757 meeting the requirements of Section 232U) 758 and temorarv communication towers meeting 759 the requirements of Section Communication towers, excet as secified above 762 other than those meeting the requirements 763 of Section 232(j) and temorarv communication 764 towers other than those meeting the requirements 765 of Section Small wireless facilities meeting the requirements 770 of Section Small wireless facilities other than those meeting 19 c c

23 773 the requirements of Section COMMENT The amendments: (1) Allow building-mounted antennas other than those meeting the requirements 782 of Section 207 as a conditional use in the 0-1 and 0-2 Office Districts; (2) Add temorary communication towers meeting the requirements of Section (j) as a rincial use and those not meeting such requirements as a conditional use; (3) Add temorary communication towers meeting the requirements of Section as a rincial use and those not meeting such requirements as a conditional use; (4) Add small wireless facilities meeting the requirements of Section 207 as a 791 ermitted use; and (5) Add small wireless facilities other than those meeting such requirements as a 794 conditional use ARTICLE 8. BUSINESS DISTRICTS Sec Use regulations (a) Princial and conditional uses. The following chart lists those uses 805 ermitted within the B-1 through B-4K Business Districts. Those uses and 806 structures in the resective business districts shall be ermitted as either rincial 807 uses indicated by a "P" or as conditional uses indicated by a "C." Uses and 808 structures indicated by an "X" shall be rohibited in the resective districts. No 809 uses or structures other than as secified shall be ermitted. 810 Use A C 8-4K Building-mounted antennas meeting the requirements of Section 207 X X X 20

24 Building-mounted antennas other than those meeting the reguirements of Section 207 ~ ~ ~ ~ ~ ~ ~ ~- Communication towers meeting the requirements of Section 232(j) and temqorar~ communication towers meeting the reguirements of Section 207 Communication towers other than those meeting the reguirements of Section 232(i} and temqorar~ communication towers, excet as secified above X c c c c c X other than those meeting the reguirements of Section 207 _... Small wireless facilities meeting the reguirements of Section 207!:!:!:!:!:!:!: Small wireless facilities other than those meeting c c ~ ~ ~ c ~ the reguirements of Section COMMENT 813 The amendments: (1) Allow building-mounted antennas other than those meeting the requirements of 816 Section 207 as a conditional use in all Business Districts; (2) Add temorary communication towers meeting the requirements of Section as a rincial use in all Business Districts and those not meeting such requirements as a 820 conditional use in the B-lA, B-2, B-3, B-4 and B-4C Districts; (3) Add small wireless facilities meeting the requirements of Section 207 as a 823 ermitted use in au Business Districts; and (4) Add small wireless facilities other than those meeting such requirements as a 826 conditional use in all Business Districts ARTICLE 10. INDUSTRIAL DISTRICTS Sec Use regulations (a) Princial and conditional uses. The following chart lists those uses 836 ermitted within the 1-1 and 1-2 Industrial Districts. Those uses and structures in 21

25 837 the resective industrial districts shall be ermitted as either rincial uses 838 indicated by a "P" or as conditional uses indicated by a "C." Uses and structures 839 indicated by an "X" shall be rohibited in the resective districts. No uses or 840 structures other than as secified shall be ermitted Use 1-1 / Building-mounted antennas meeting the 846 requirements of Section 207 P Use Building-mounted antennas other than those 853 meeting the requirements of Section 207 C Communication towers meeting the requirements 857 of Section 232U) and temorary communication 858 towers meeting the requirements of Section Communication towers, excet as secified above 861 other than those meeting the requirements of Section U) and temorary communication towers other 863 than those meeting the requirements of Section 207 c c 866 Small wireless facilities meeting the requirements 867 of Section 207 E E Small wireless facilities other than those meeting 870 the requirements of Section COMMENT 875 The amendments:

26 877 (1) Allow building-mounted antennas other than those meeting the requirements of 878 Section 207 as a conditional use in the 1-1 and 1-2 Industrial Districts; (2) Add temorary communication towers meeting the requirements of Section as a rincial use in the 1-1 and I-2Districts and those not meeting such requirements as a 882 conditional use in those Districts; (3) Add small wireless facilities meeting the requirements of Section 207 as a 885 ermitted use in the 1-1 and 1-2 Districts ; and (4) Add small wireless facilities other than those meeting such requirements as a 888 conditional use in the 1-1 and 1-2 Districts ARTICLE 15. RESORT TOURIST DISTRICTS A. RT-1 Resort Tourist District Sec Use regulations. 897 (a) The following chart lists those uses ermitted within the RT-1 Resort 898 Tourist District as either rincial uses, as indicated by a "P" or as conditional 899 uses, as indicated by a "C." Conditional uses shall be subject to the rovisions of 900 Part C of Article 2 (section 220 et seq.). No uses or structures other than those 901 secified shall be ermitted. All uses, whether rincial or conditional, should to 902 the greatest extent ossible adhere to the rovisions of the Oceanfront Resort 903 Area Design Guidelines Use RT Building-mounted antennas meeting the requirements 910 of Section Building-mounted antennas other than those meeting 913 the requirements of Section

27 917 Small wireless facilities meeting the requirements 918 of Section Small wireless facilities other than those meeting 921 the requirements of Section Temorary communication towers meeting 926 the requirements of Section Temorary communication towers other than 929 those meeting the requirements of Section COMMENT 932 The amendments allow temorary communication towers meeting the requirements 933 of Section 207 as a rincial use in the RT-1 District and those not meeting such 934 requirements as a conditional use in the District, allow small wireless facilities meeting the 935 requirements of Section 207 as a rincial use in the District, and small wireless facilities not 936 meeting the requirements of Section 207 as a conditional use in the District B. RT-3 Resort Tourist District Sec Use regulations. 941 (a) The following chart lists those uses ermitted within the RT-3 Resort Tourist 942 District as either rincial uses, as indicated by a "P" or as conditional uses, as indicated by a 943 "C." Conditional uses shall be subject to the rovisions of Part C of Article 2 (section 220 et 944 seq.). Excet for single-family, dulex, semidetached and attached dwellings, buildings within 945 the RT-3 District may include any rincial or conditional uses in combination with any other 946 rincial or conditional use. No uses or structures other than those secified shall be 947 ermitted. All uses, whether rincial or conditional, should to the greatest extent ossible 948 adhere to the rovisions of the Secial Area Design Guidelines (Urban Areas) set forth in the 949 Reference Handbook of the Comrehensive Plan

28 Use Building-mounted antennas meeting the requirements of Section 207 Building-mounted antennas other then those meeting the requirements of Section 207 Communication towers Small wireless facilities meeting the requirements of Section 207 Small wireless facilities other than those meeting the requirements of Section 207 Temorary communication towers meeting the requirements of Section 207 Temorary communication towers other than those meeting the requirements of Section 207 COMMENT RT-3 c The amendments: (1) Allow building-mounted antennas other then those meeting the requirements of Section 207 as a conditional use in the RT -3 Resort Tourist District; (2) Allow temorary communication towers meeting the requirements of Section 207 as a rincial use in the RT -3 Resort Tourist District and those not meeting such requirements as a conditional use in the District; 25

29 990 (3) Add small wireless facilities meeting the requirements of Section 207 as a 991 ermitted use in the District; and (4) Add small wireless facilities other than those meeting such requirements as a 994 conditional use in the District D. RT -4 RESORT TOURIST DISTRICT Sec Use regulations. (a) Princial uses and structures. (0.5) Antennas, building mounted. Building-mounted antennas meeting the requirements of Section 207. (4) Small wireless facilities meeting the reguirements of Section 207. (c) Conditional uses and structures: Uses and structures hereinafter secified, subject to comliance with the rovisions of art C of article 2 hereof: (7) Small wireless facilities other than those meeting the requirements of Section 207. COMMENT The amendments allow small wireless facilities meeting the requirements of Section 207 as a rincial use in the RT-4 Resort Tourist District and small wireless facilities not meeting the requirements of Section 207 as a conditional use in the District. 26

30 1032 ARTICLE 22. CENTRAL BUSINESS DISTRICT B. DEVELOPMENT REGULATIONS Sec Use regulations (a) The following chart lists those uses ermitted within the Central Business Core District. Uses and structures shall be allowed either as rincial uses, indicated by a "P", or as conditional uses, indicated by a "C." Uses and structures indicated by an "X" shall be rohibited, unless allowed by secial excetion for Alternative Comliance ursuant to Section No uses or structures other than as secified herein or as allowed ursuant to subsection (b) shall be ermitted. Use Building-mounted antennas meeting the requirements of Section 207 Building-mounted antennas other then those meeting the requirements of Section 207 Communication towers meeting the requirements of Section 232U) and temorary communication towers meeting the requirements of Section 207 Communication towers, excet as secified above not meeting the requirements of Section 232U) and temorary communication towers not meeting the requirements of Section 207 Small wireless facilities meeting the requirements of Section 207 Small wireless facilities other than those meeting the requirements of Section CBC c E c