5 February 11, 2015 Public Hearing

Transcription

1 5 February 11, 2015 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO ZONING ORDINANCE SMALL WIRELESS COMMUNICATION FACILITY REQUEST: 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 and Small Wireless Facilities, City Zoning Ordinance Section 232, establishing requirements for Small Wireless Facilities, Temporary 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 principal or conditional uses in the P-1 Preservation District, AG-1 and AG-2 Agricultural Districts, R-20 through R-40 Residential Districts, A-12 through A-36 Apartment Districts, H-1 Hotel District, O-1 and O-2 Office District, 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 Temporary Communication Towers as conditional uses in such districts. SUMMARY OF AMENDMENT The amendments provide a number of additions and changes to sections of the City Zoning Ordinance that regulate telecommunication facilities. These changes are listed below. 1. The amendments update sections of City Zoning Ordinance pertaining to the siting and approval processes for telecommunication facilities to reflect new rules adopted by the Federal Communication Commission. These new FCC rules are codified in the Code of Federal Regulations, 47 CFR Parts 1 and 17 (Acceleration of Broadband Deployment by Improving Wireless Facilities Siting Policies; Final Rule). Perhaps most significantly, the amendment provides that co-locations of antenna arrays or other modifications to a communication tower or base station that substantially changes, whether individually or cumulatively, the physical dimensions of such tower or base station shall require a new or modified use permit. While this has been the standard practice of the City, the new FCC rules provide that co-locations or modifications that do not substantially change the size of a tower or base station must be approved administratively. Those regulations also set forth standards for determining whether a co-location or modification substantially changes the physical dimensions of such tower or base station and provide that the determination is to take into account the cumulative changes to a CITY OF VIRGINIA BEACH / Amendment to Zoning Ordinance Small Wireless Agenda Item 5 Page 1

2 tower or base station so as to preclude an operator from making piecemeal modifications intended to avoid the necessity for discretionary approval such as a conditional use permit. 2. The amendments redefine communication tower to specify that the term includes any associated base station and any equipment associated with wireless communications service, such as radio transceivers, antennas, co-axial or fiber-optic cable, regular or backup power supply, and comparable equipment. 3. The amendments define and add temporary communication towers as a permitted use subject to the provisions of Section 232(j), which provides standards for the co-location of such towers on electric transmission line structures. The amendments add temporary communication towers that do not meet the standards of Section 232(j) as a conditional use. For example, a stand-alone temporary communication tower not associated with a transmission line will only be permitted as a conditional use. 4. The amendments add small wireless facilities, such as small cell networks, network nodes, and distributed antenna systems (DAS) as a permitted 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 prohibition of the use on properties containing singlefamily and duplex dwellings. Small wireless facilities that do not meet the standards of Section 207 are added as a conditional use. 5. The amendments revise the general standards for building-mounted antennas in Section 207 by reducing the maximum building or structure height upon which antennas may be mounted from fifty to thirty feet. Building-mounted antennas that do not meet the revised standards of Section 207 will now be permitted as a conditional use. In addition, Section 207 will now prohibit buildingmounted antennas on single-family dwellings or duplexes on any property containing such a use without a conditional use permit. Building-mounted antennas are currently, and would remain, prohibited in the Residential zoning districts, and this amendment would prohibit the use on single-family and duplex dwellings located outside of these districts. Home satellite dishes, television and radio antennas used for the sole benefit of the occupants remain excluded from the definition of building-mounted antennas. 6. The amendments add a provision that applications for building-mounted antennas and small wireless facilities that do not meet the revised standards in Section 207 will be allowed as a conditional use. For example, an application for a building-mounted antenna that does not incorporate screening, colorization or strategic placement to be as visually unobtrusive as possible will only be permitted with a conditional use permit. RECOMMENDATION Staff recommends approval of the amendments. Adding temporary communication towers and small wireless facilities as new use categories and decreasing the minimum permitted height for buildingmounted antennas will open up a greater number of sites for wireless facilities. The amendments provisions for greater flexibility in terms of facility siting, which include the new FCC-mandated standards for determining administrative and discretionary zoning review, will enable providers to increase wireless service. The amendments retain standards for the concealment of communication towers and buildingmounted antennas, and provide new concealment standards for small wireless facilities. Staff believes that this increased flexibility may also reduce the need for new communication tower macro-sites. CITY OF VIRGINIA BEACH / Amendment to Zoning Ordinance Small Wireless Agenda Item 5 Page 2

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