It is the intent of this division to encourage the provision of adequate wireless communications services and facilities where the adverse impact on the city is minimal. The requirements of this section govern the siting of wireless communication towers and facilities, including small cell facilities, except as specifically excluded herein. In the case of conflict with federal or state law, such laws shall supersede the requirements of this division.

(Ord. No. 20-4, 11-24-20)

(a)

The placement of a wireless communications antenna and/or associated wireless equipment on existing structures, such as roofs, walls, water tanks, utility poles, traffic and street lights, and existing towers, is considered a minor utility facility as defined in division 18 and is a permitted by right use as shown on the land use chart in division 3, provided:

(1)

It does not extend more than 20 feet above the highest part of the structure;

(2)

It is not located on a residential structure of less than four stories in height;

(3)

The appearance of the antenna and associated equipment shall be of a color that is identical to, or closely compatible with, the color of the existing structure or it shall be camouflaged in a manner so as to make the antenna and related equipment as visually unobtrusive as possible;

(4)

Written permission is granted by the owner of the existing structure for the location of the antenna; and

(5)

It meets all applicable standards of local, state, and federal building codes, or others applicable city regulations.

(b)

Applications for such use must include:

(1)

A site plan;

(2)

A report prepared by a qualified engineer indicating the existing structure's suitability to accept the antenna and the proposed method of affixing the antenna to the structure; and

(3)

A visual impact description, including digital photos showing "before and after" construction.

(c)

The application for such use shall be reviewed administratively by the zoning administrator. The review process is subject to the timing requirements for small cell facilities contained in Code of Virginia, § 15.2-2316.4 as well as the application fee established by city council in accordance with that section. The zoning administrator may disapprove a proposed location or installation of such a facility for one or more of the reasons contained in Code of Virginia, § 15.2-2316.4(B)(4).

(Ord. No. 20-4, 11-24-20)

(a)

Any new free-standing facility or tower is considered a major utility facility and is allowed as a special use in certain districts, as shown on the land use chart in division 3. Any new wireless facility to be affixed to an existing structure but extending higher than 20 feet above the existing structure shall be considered a new facility subject to a special use permit.

(b)

The requirements for the location and construction of all new telecommunications facilities regulated by this division shall include the following:

(1)

A new wireless communications facility site shall not be permitted unless the applicant demonstrates to the reasonable satisfaction of the city that existing communications facilities or other existing structures cannot accommodate the applicant's proposed antenna.

(2)

Communications towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the Federal Aviation Administration (FAA), be painted so as to reduce visual obtrusiveness. Dish antennas will be of a neutral, non-reflective color with no logos.

(3)

At the wireless communications facility, the design of the buildings and related structures used in conjunction with telecommunications facilities shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the telecommunications facilities with the natural setting and the built environment.

(4)

If an antenna is installed on an existing structure, the appearance of the antenna and associated equipment shall be of a color that is identical to, or closely compatible with, the color of the existing structure or it shall be camouflaged in a manner so as to make the antenna and related equipment as visually unobtrusive as possible.

(5)

A wireless communications facility or communications tower shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the city may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.

(6)

No advertising of any type may be placed on the wireless communications facility, or other structures associated with the facility, except that a sign shall be required displaying the name, registration number and emergency contact number of the tower owner. The sign shall not exceed ten square feet in size and shall be located on the security fence or other approved location.

(7)

Prior to the use or extension of a wireless communications tower, the owner shall have obtained approval of the structural integrity by a qualified engineer and a copy of such report shall be filed with the zoning administrator.

(8)

To ensure the structural integrity of a wireless communications facility or communications tower, the owner or operator of a communications facility or communications tower shall ensure that it is maintained in compliance with standards contained in applicable federal, state and local building codes and regulations.

(c)

The following setbacks and separation requirements shall apply to all new telecommunications facilities:

(1)

Communications towers shall be setback a minimum of 110 percent of the height of the telecommunications tower from any residential structures, provided this provision shall not apply to monopole towers certified by a structural engineer. Such monopole towers shall comply with the setbacks of the underlying zoning district for principal structures.

(2)

Any equipment and accessory facilities on site must be located at least 25 feet from all property lines or the required setback for principal structures in the zoning district, whichever is greater.

(d)

Telecommunications towers and facilities shall be enclosed by security fencing not less than six feet in height.

(e)

Maximum tower height shall be 250 feet unless specifically allowed by the special use permit due to topographic conditions located within one mile of the proposed wireless communication facility.

(Ord. No. 20-4, 11-24-20)

(a)

The following items shall be provided as part of the special use permit application:

(1)

Inventory and contour map of existing facilities within the city and at least one mile from the corporate limits, including specific information about the location, height, coverage and capacity zones, and design of each telecommunications facility, telecommunications tower and antenna;

(2)

Calculations and necessary documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all existing and proposed improvements;

(3)

Radio frequency coverage analysis;

(4)

Height of telecommunications tower with proposed antenna;

(5)

A visual impact analysis, including digital photos showing "before and after" construction;

(6)

A co-location analysis showing that the equipment planned for a new tower cannot be accommodated, either due to space, structural capacity, radio interference, or other reasons, on an existing or approved tower located in the city or within one mile of the corporate limits;

(7)

The extent to which co-location will be allowed on the new tower in the future; and

(8)

Other information deemed by the city to be necessary to assess compliance with this division.

(Ord. No. 20-4, 11-24-20)

(a)

The following shall apply to the removal of defective or abandoned wireless communications facilities:

(1)

Any antenna, telecommunications tower, or telecommunications facility found to be defective or unsafe shall be repaired to comply with federal, state and local safety standards, or removed within six months at the owner's expense.

(2)

Any antenna, telecommunications tower or facility that is not operated for a continuous period of 24 months shall be considered abandoned, and the owner of the facility shall remove such telecommunications antenna, tower or facility within 180 days of receipt of notice from the city notifying the owner of such removal requirement. Removal includes the removal of the antennas, telecommunications towers, and telecommunications facilities, fence footers, underground cables and support buildings. The buildings and foundation may remain (with land owner's approval). Where there are two or more users of a single telecommunications facility or telecommunications tower, this provision shall not become effective until all users cease using the antennas and telecommunications tower.

(3)

If the antenna, telecommunications tower and telecommunications facility are not removed as herein required, the city may either seek court enforcement of such removal or the city may, at its discretion, remove the antenna, telecommunications tower and facility at the expense of the owner.

(Ord. No. 20-4, 11-24-20)

(a)

Owners of new towers shall provide the city with co-location opportunities as a community benefit to improve radio communication for city departments and emergency services provided it does not conflict with the co-location requirements of this division.

(b)

All telecommunications towers and antennas must comply with or exceed current standards and regulations of the FAA, the FCC and any other agency of the federal government with the authority to regulate such facilities. If such standards and regulations are changed, the owners of telecommunications towers and antennas governed by this division shall bring such towers and antennas into compliance with such revised standards as required. Failure to bring telecommunications towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the telecommunications towers and antennas at the owner's expense.

(c)

The site plan approved by the city staff shall be valid for a period not to exceed one year. If construction of the wireless communication facility is not completed within 18 months of city approval, the applicant shall be required to resubmit site plans and request an extension from the planning commission.

(d)

The user shall provide the city with a letter of certification from the design engineers (electrical, structural and civil) indicating that the wireless communication facility was constructed according to the plans approved by the city. The letter shall be submitted within 30 days of completion of the facility.

(e)

The user shall provide the city with a certified copy of the engineer's annual inspection report, which includes, but is not limited to: The condition of the grounding system, the structural integrity of the facility, any damage incurred over the past year, the condition of the bolts, and a plan to correct any deficiencies, certification that the wireless communication facility is in use for the purpose it was permitted plus evidence of the required surety and the surety is sufficient to cover the demolition of the wireless communication facility. The user shall annually file a certificate of liability and comprehensive insurance policy in the amount of $1,000,000.00.

(f)

Wireless communication facilities erected for use by the city, the Commonwealth of Virginia or the United States of America may exceed the provisions of this division with documented need.

(Ord. No. 20-4, 11-24-20)

Any amateur radio tower which, in combination with one or more affixed antennas, does not exceed 75 feet in height above the ground, shall be exempt from the provisions of this article. Such exempt towers shall, however, be subject to the following location restrictions:

(1)

Towers, tower guys, and associated accessory structures shall meet the same setback requirements as is required for accessory structures in the zoning district in which such tower, tower guys and associated accessory structures are located, except that no such tower, tower guys or associated accessory structures may be located in front of the plane of the front wall of the principal building on the lot in any zoning district.

(Ord. No. 20-4, 11-24-20)