The regulations set forth in this article are to regulate wireless telecommunications facilities as defined in Section 10-3-24, Definitions. They are to provide opportunities to supply wireless telecommunications services in the city with minimal negative impact to the community while respecting both residential and commercial neighborhoods.

With the exception of telecommunications towers primarily erected for the use of the Harrisonburg-Rockingham Emergency Communications Center as regulated by this article, wireless telecommunications facilities considered public uses and temporary facilities needed for government-declared emergencies and disasters shall be permitted in all zoning districts at appropriate locations and heights necessary to adequately provide the service. No minimum setback requirements or maximum height regulations shall apply to such facilities, but reasonable efforts shall be made to be sensitive to the surrounding neighborhood and environment in which they are located.

Furthermore, the installation, placement, maintenance or replacement of equipment meeting the specifications to be considered micro-wireless facilities that are suspended on cables or lines that are strung between existing utility poles in compliance with national safety codes, and so long as permission is granted by the owners of the cables or lines on which the facilities are located, shall be exempt from the City's permitting requirements and fees.

(Ord. of 7-28-15(33); Ord. of 5-22-18(14))

The requirements within this section apply to all wireless telecommunications facilities, except facilities as specified in Section 10-3-195, as identified in all residential districts and the MX-U district.

(1)

Uses permitted by right.

a.

Small cell facilities.

i.

Other than associated equipment cabinets and other equipment that may be located on the ground, such facilities shall be collocated.

ii.

The height of such equipment shall not increase the height of the utilized support structure by more than five (5) feet.

iii.

All collocated equipment shall be camouflaged.

iv.

Equipment cabinets and related structures or equipment not located within central communications hubs shall be screened or camouflaged and if not collocated shall meet the requirements for accessory buildings per Section 10-3-114. Central communications hubs shall be considered principal buildings and shall meet the minimum setback regulations and maximum height restrictions of the district in which they are located.

v.

Unless otherwise required, artificial lighting is prohibited.

vi.

No advertising of any type may be placed on the facility.

(2)

Uses permitted only by special use permit.

a.

Concealed wireless telecommunications facilities.

i.

The height of such facilities may exceed the maximum height regulation of the district in which it is located but shall be limited to the height specified in the special use permit application or as may be more strictly conditioned and approved by city council.

ii.

Unless collocated, minimum setback regulations shall be controlled by the district in which it is located or as may be more strictly conditioned and approved by city council.

iii.

Equipment cabinets and related structures or equipment shall be screened or camouflaged and if not collocated shall meet the requirements for accessory buildings per section 10-3-114 or as may be more strictly conditioned and approved by city council.

iv.

Unless otherwise required, or as part of the intent of the facility, artificial lighting is prohibited.

v.

No advertising of any type may be placed on the facility.

b.

Industrial microcells, distributed antenna systems (DAS), macrocells, and similar facilities

i.

Other than associated equipment cabinets and other equipment that may be located on the ground, such facilities shall be collocated.

ii.

The height of such equipment shall not increase the height of the utilized support structure by more than five (5) feet.

iii.

All collocated equipment shall be camouflaged.

iv.

Equipment cabinets and related structures or equipment not located within central communications hubs shall be screened or camouflaged and if not collocated shall meet the requirements for accessory buildings per section 10-3-114 or as may be more strictly conditioned and approved by city council. Central communications hubs shall be considered principal buildings and shall meet the minimum setback regulations and maximum height restrictions of the district in which they are located or as may be more strictly conditioned and approved by city council.

v.

Unless otherwise required, artificial lighting is prohibited.

vi.

No advertising of any type may be placed on the facility.

c.

Telecommunications towers primarily erected for the use of the Harrisonburg-Rockingham Emergency Communications Center, which may include rental of space for private wireless telecommunications providers.

i.

The facility shall be no taller than two hundred (200) feet in height.

ii.

Minimum setback regulations shall be controlled by the district in which it is located or as may be more strictly conditioned and approved by city council.

iii.

Equipment cabinets and related structures or equipment shall be screened or camouflaged and shall meet the requirements for accessory buildings per section 10-3-114 or as may be more strictly conditioned and approved by city council.

iv.

Unless otherwise required, artificial lighting is prohibited.

v.

No advertising of any type may be placed on the facility.

(Ord. of 7-28-15(33); Ord. of 2-23-16(1); Ord. of 5-22-18(15))

The requirements within this section apply to all wireless telecommunications facilities, except facilities as specified in section 10-3-195, as identified in the B-1 and B-2 districts.

(1)

Uses permitted by right.

a.

Concealed wireless telecommunications facilities.

i.

The height of such facilities shall be controlled by the maximum height regulation of the district in which they are located.

ii.

Unless collocated, minimum setback regulations shall be controlled by the district in which they are located.

iii.

Equipment cabinets and related structures or equipment shall be screened or camouflaged and if not collocated shall meet the requirements for accessory buildings per Section 10-3-114.

iv.

Unless otherwise required, or as part of the intent of facilities, artificial lighting is prohibited.

v.

No advertising of any type may be placed on the facility.

b.

Small cell facilities, industrial microcells, distributed antenna systems (DAS), macrocells, and similar facilities.

i.

Other than associated equipment cabinets and other structures or equipment that may be located on the ground, such facilities shall be collocated.

ii.

The height of such facilities shall not increase the height of the utilized support structure by more than five (5) feet.

iii.

All collocated equipment shall be camouflaged.

iv.

Equipment cabinets and related structures or equipment not located within central communications hubs shall be screened or camouflaged and if not collocated shall meet the requirements for accessory buildings per Section 10-3-114. Central communications hubs shall be considered principal buildings and shall meet the minimum setback regulations and maximum height restrictions of the district in which they are located or as may be more strictly conditioned and approved by city council.

v.

Unless otherwise required, artificial lighting is prohibited.

vi.

No advertising of any type may be placed on the facility.

(2)

Uses permitted only by special use permit.

a.

Wireless telecommunications facilities not permitted by, or not meeting the requirements within, section 10-3-197(1), including minimum setback regulations and maximum height restrictions. (Wireless telecommunications facilities exceeding seventy-five (75) feet in height do not need a separate special use permit as allowed by section 10-3-85 (5) of the B-1 district or section 10-3-91(12) of the B-2 district.)

i.

All regulating details of the facility (i.e. type, height, setbacks, etc.) shall be as specified in the special use permit application or as may be more strictly conditioned and approved by city council.

ii.

If installing a telecommunications tower, it shall be designed for more than one (1) accommodation. (This rule does not apply to telecommunications towers primarily erected for the use of the Harrisonburg-Rockingham Emergency Communications Center.)

iii.

Support structures shall be designed to collapse upon themselves or to collapse within the smallest possible area should structural failure occur. The applicant shall submit written certification and supporting documentation from a structural engineer to this effect.

(Ord. of 7-28-15(33); Ord. of 2-23-16(2); Ord. of 5-22-18(16); Ord. of 5-22-18(16))

The requirements within this section apply to all wireless telecommunications facilities, except facilities as specified in section 10-3-195, as identified in the M-1 district.

(1)

Uses permitted by right.

a.

Any wireless telecommunications facility.

i.

Facilities shall not exceed one hundred twenty-five (125) feet in height.

ii.

Support structures shall meet the minimum setback regulations of the M-1 district.

iii.

Telecommunications towers shall be designed for more than one (1) accommodation. (This rule does not apply to telecommunications towers primarily erected for the use of the Harrisonburg-Rockingham Emergency Communications Center.)

iv.

Support structures shall be designed to collapse upon themselves or to collapse within the smallest possible area should structural failure occur. The applicant shall submit written certification and supporting documentation from a structural engineer to this effect.

v.

Equipment cabinets and related structures or equipment not located within central communications hubs shall be screened or camouflaged and shall meet the requirements for accessory buildings per section 10-3-114. Central communications hubs shall meet the minimum setback regulations and maximum height restrictions of the M-1 district.

vi.

Unless otherwise required, or as part of the intent of a concealed wireless telecommunications facility, artificial lighting is prohibited.

vii.

No advertising of any type may be placed on the facility.

(2)

Uses permitted only by special use permit.

a.

Wireless telecommunications facilities not permitted by, or not meeting the requirements within, section 10-3-198(1), including minimum setback regulations and maximum height restrictions. (Wireless telecommunications facilities exceeding seventy-five (75) feet in height do not need a separate special use permit as allowed by section 10-3-97(11) of the M-1 district.)

i.

All regulating details of the facility (i.e. type, height, setbacks, etc.) shall be as specified in the special use permit application or as may be more strictly conditioned and approved by city council.

ii.

Support structures shall be designed to collapse upon themselves or to collapse within the smallest possible area should structural failure occur. The applicant shall submit written certification and supporting documentation from a structural engineer to this effect.

(Ord. of 7-28-15(33))

(1)

Applications for wireless telecommunications facilities, including small cell facilities, allowed by right shall be accompanied with one hundred dollars ($100.00) for each facility up to the first five (5) facilities, and fifty dollars ($50.00) for each additional facility on the same application. Applicants may request up to thirty-five (35) facilities on one application. The following information and, if necessary, the information as required by Section 10-3-10 of this chapter shall be submitted. Note that building permits and sub-trade permits may be required.

a.

Name, address, telephone numbers, and email addresses of the property owner, the applicant, and the ultimate owner of the facility.

b.

Documentation from the property owner consenting to both the installation of the facility and the terms of Sections 10-3-200, 10-3-201, and 10-3-202.

c.

If erecting a new telecommunications tower or concealed wireless telecommunications facility, a physical survey of the property must be submitted.

d.

Location map and elevation drawings of the proposed facility prepared and certified by a professional engineer indicating:

i.

Location, type, and height of all structures associated with the facility,

ii.

Facility's planned capacity (i.e. collocation potential/number of accommodations)

iii.

On-site and abutting land uses,

iv.

Means of access,

v.

Support structure's setbacks from property lines, and

vi.

All applicable American National Standards Institute (ANSI) technical and structural codes.

e.

Screening plan (i.e. fence type and/or vegetation to be planted). See definition of "screening" within section 10-3-24.

f.

Photo simulations of the proposed facility.

g.

If camouflaging, an explanation of how the facility will be camouflaged.

h.

Evidence that the applicant has contacted the Emergency Communications Center (ECC) and verified the installation of the proposed equipment will not interfere with the ECC's operations.

(2)

Applicants desiring to install wireless telecommunications facilities allowed only by special use permit shall reference the requirements for special use permits per article V of this title. Applicants shall submit as part of their special use permit application all information as described in 10-3-199(1) as well as the following:

a.

A listing of all property owners within one-quarter (¼) mile from the subject property. These property owners shall be notified along with the property owners notified as required by section 15.2-2204 of the Code of Virginia. (Staff may assist in supplying this list.)

b.

A description of how the proposed facility fits into the applicant's telecommunications network.

c.

An explanation as to why the particularly proposed wireless telecommunications facility is needed to meet the desired results as opposed to installing a facility allowed by right that may provide the same results.

d.

An explanation or evidence demonstrating that no existing support structure or building can accommodate the applicant's proposed facility or evidence that the applicant has made diligent good faith efforts to negotiate collocation on an existing support structure or building in the area needing service or improved service.

e.

If requesting to install a new telecommunications tower, concealed wireless telecommunications facility, or to increase the allowable height of a facility above that permitted by right, a balloon test shall be performed. The special use permit application shall not be considered complete until the test is performed and staff has visually witnessed the test. The applicant shall contact the Department of Planning and Community Development to schedule a date and time when the balloon test will be conducted. If inclement weather prevents the scheduled test, a new schedule shall be established. The test shall consist of raising at least one (1) balloon from the site to a height equal to the proposed facility. Proposed collocated facilities which increase the height of existing support structures shall not be required to perform a balloon test.

(Ord. of 7-28-15(33); Ord. of 5-22-18(17))

For each wireless telecommunications facility, except wireless telecommunications facilities deemed to be an eligible facility in existence prior to the original enactment of this article, the property owner on which a facility is located shall be responsible for ensuring a report is submitted to the zoning administrator once a year, no later than June 30, stating, at minimum, the following:

(1)

Name, address, telephone numbers, and email addresses of the property owner and, if applicable, the owner of the support structure.

(2)

The support structure's (including alternative support structures) location (latitude and longitude), street address, height; and structure type.

(3)

The current user status of the facility including the name and contact information of each active tenant/wireless service provider leasing space from the site. If vacant/collocation space is available, the report shall indicate such information and explain the facility's available accommodations.

(4)

An explanation or listing of each tenant's/wireless service provider's equipment identifying at least the type and number of all antennae, equipment cabinets, and any other supporting equipment. The location of such equipment shall also be described or illustrated.

(Ord. of 7-28-15(33); Ord. of 5-22-18(18))

(1)

All required screening, landscaping, camouflaging, concealment mechanisms, and other features shall be maintained, repaired, or replaced.

(2)

Enforcement and penalties due to violations of any section of this article shall be as otherwise stated in this title.

(Ord. of 7-28-15(33))

(1)

Any component of a wireless telecommunications facility that is found to be defective or unsafe shall be repaired immediately by the owner or operator to comply with federal, state, and local safety standards or removed within thirty (30) days upon receipt of written notice.

(2)

A wireless telecommunications facility that is not operated for a continuous period of twenty-four (24) months shall be considered abandoned. The owner of the property on which the facility is located shall be notified in writing and given ninety (90) days from the receipt of the written notice to remove the facility and all associated components and equipment and return the site to its condition prior to construction of the facility or to a seeded or sodded condition.

Upon receipt of the notice, the first thirty (30) days of the ninety (90) day rectification period shall be the amount of time the property owner has to demonstrate the facility has not been abandoned. If the property owner fails to prove the facility is actively operating, the owner shall have the remaining sixty (60) days to remove the facility. If the facility is not removed within the allotted time, the city may cause the facility to be removed at the property owner's expense.

(Ord. of 7-28-15(33))

The permissions granted by the Spectrum Act Section 6409 Wireless Facilities Deployment (Section 6409) shall be applicable only to wireless telecommunications facilities deemed to be an eligible facility in existence prior to the original enactment of this article. Modifications shall not substantially change eligible facilities.

To make modifications to a wireless telecommunications facility per the permissions of Section 6409, the property owner shall submit the following information:

(1)

Name, address, telephone numbers, and email addresses of the property owner, the applicant, and the owner of the facility proposed for modification.

(2)

Evidence that the wireless telecommunications facility is an eligible facility that existed prior to the original enactment of this article.

(3)

Location map and elevation drawings of the existing facility and the proposed modifications prepared and certified by a professional engineer. The information shall include all existing equipment from all providers and, if applicable, all equipment owned and operated by railroad companies. (The information provided for the existing eligible facility may be used as the baseline of facts regarding the site's characteristics if it is the facility's first utilization of Section 6409 and shall be used to prevent abuse of the legislation.)

(4)

Submit a letter describing the request. The letter, and additional application submissions as required above, must clearly demonstrate the proposed modification would not substantially change the existing eligible facility. Substantial changes are made if any one of the following occurs:

(a)

For towers outside of public rights-of-way, it increases the height by more than twenty (20) feet or ten (10) percent, whichever is greater; for those towers in the rights-of-way and for all wireless telecommunication facilities, it increases the height of the facility by more than ten (10) percent or ten (10) feet, whichever is greater;

(b)

For towers outside of public rights-of-way, it protrudes from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for those towers in the rights-of-way and for all wireless telecommunications facilities, it protrudes from the edge of the support structure more than six (6) feet;

(c)

It involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets;

(d)

It entails any excavation or deployment outside the current site of the wireless telecommunications facility;

(e)

It would defeat the existing concealment elements of the wireless telecommunications facility; or

(f)

It does not comply with conditions associated with the prior approval of the tower or base station unless the non-compliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that does not exceed the corresponding "substantial change" thresholds.

(Ord. of 7-28-15(33))