Many of the regulations and procedures included in this Ordinance require special attention to individual land uses for which the general standards of height, bulk, density, access, and other limitations cannot provide adequate control. This Article provides explicit standards for uses in structures to be permitted through site plan review and conditional use procedures.

All uses and structures for which a conditional use permit or site plan approval shall conform to review criteria established in Article II, the applicable zoning district standards in Articles IV and V, the site development standards in Article VI and the provisions of this Article, as applicable.

Accessory structures and uses shall comply with the applicable zoning district standards established in Articles IV, V and VI as well as the standards established in this section.

(a)

Subject to Section 35.2-71.2, accessory buildings shall be located in rear or side yards only and may occupy not more than 30 percent of the required rear yard.

(b)

On through lots (lots having with front and rear property lines abutting street rights-of-way), accessory buildings shall be prohibited in all required setbacks.

(c)

Accessory structures shall be located behind the front building line and at least five feet from any property line.

Accessory structures within a side yard shall be constructed of materials substantially similar to those of the principal structure.

Dwellings units, which include guest houses, caretakers' cottages and other residential accommodations, may be established accessory to a single-household residence either in the principal dwelling or as a detached accessory structure subject to the following provisions:

(a)

Accessory dwelling units shall be located within the principal structure using a common entrance so that the principal structure retains the appearance of a single-household residence, or be located in an accessory structure located in the rear yard and outside required setback lines for principal structures.

(b)

The occupancy shall not exceed the limits established in the applicable zoning district.

(c)

Detached accessory dwelling units shall be limited to 900 square feet and shall not have more than one bedroom.

(d)

Accessory dwellings shall comply with all applicable parking, building coverage and rear yard building coverage requirements.

Home occupations may be established subject to the following requirements:

(a)

Subject to the performance standards listed in paragraph 2 of this section, home occupations may include:

1.

Professional offices for certified, ordained, licensed or registered professions, including, but not limited to offices for an architect, draftsman, attorney-at-law, conveyancer, dentist, surveyor, professional engineer (civil, electrical, mechanical or other), public accountant, minister or teacher residing in the dwelling or dwelling unit in which the office is located;

2.

Personal or medical services offered by individuals licensed by the state, such as licensed massage therapists, physicians, osteopaths, healers, dentists, midwives, barbers and hairstylists; and

3.

Artists, craftsmen and teachers.

(b)

Home occupations shall:

1.

Be limited to visiting clients on an appointment basis and shall not offer services to the general public on a drop-by basis;

2.

Be conducted by a member of the household residing on the premises except that, in connection with the practice of a profession listed under paragraph 1.a., one person not residing in such dwelling unit may be employed;

3.

Not provide services to more than one client at a time for professions listed in paragraph (a) of this section;

4.

Be allowed one sign not exceeding one square foot in area and fixed flat to the wall of the building shall be permitted for each street on which the lot abuts to identify the home occupation. No artificial lighting shall be used to illuminate the sign or exterior of the building, nor shall any display of products be made which will indicate from the exterior that the building is being used for any purpose other than that of a dwelling;

5.

Be limited to mechanical equipment that is customary for purely domestic or household purposes;

6.

Not have any outside storage of goods or equipment other than one business vehicle and one trailer per lot, providing said trailer is located behind the building line of the main structure on the property and it is not over 22 feet in length or eight feet, nine inches in height;

7.

Not use more than 20 percent of the principal dwelling's gross floor area for the home occupation, regardless of whether the home occupation is conducted in the principal dwelling or an accessory building; and

8.

Be limited to incidental retail sales of goods to customers of the primary service provided.

(Ord. No. O-17-013, § 1, 2-14-17)

Family day home, providing day care only to fewer than six children or adults exclusive of any people who reside in the home during a 24-hour period and meeting all applicable licensure requirements imposed by the Commonwealth of Virginia.

As authorized by Virginia Code § 15.2-2292(B), the Zoning Administrator may issue a permit for a Family Day Home, as defined in Virginia Code § 63.2-100 and this ordinance, serving five through 12 children, exclusive of the provider's own children and any children who reside in the home. As authorized by Virginia Code § 63.2-1733, and subject to the provisions of this section and applicable provisions of Virginia Code, day care may be provided for not more than 12 adults, exclusive of people who reside in the home.

(a)

Application for Permit. The provider shall submit an application to the Zoning Administrator which shall identify:

1.

The property on which the proposed large family day home will be located.

2.

A list identifying the property owner and all occupants of the property.

3.

The maximum number of children or adults proposed to be served.

4.

A description of the staff, if any, that will be on-site, other than the provider.

5.

What facilities will be available for the participants and the staff.

6.

What parking will be available for the participants and the staff.

7.

The proposed hours of operation.

8.

What insurance coverage will be maintained.

9.

The Zoning Administrator may request additional information as reasonably related to the proposed large family day home use.

(b)

Notice. The Zoning Administrator shall send notice of the application for the proposed large family day home use by registered or certified mail to last known address of each adjacent property owner and all property owners within 200 feet of the facility.

(c)

Standards. The Zoning Administrator shall consider the potential effect of the proposed large family day home use on neighboring and area property owners. The Zoning Administrator shall also consider whether the proposed facilities are safe and sufficient for the proposed large family day home.

(d)

Objections. The Zoning Administrator shall consider any written objections from any neighboring property owners or area property owners received by the Zoning Administrator.

(e)

Issuance of Permit. Based on the information provided by the applicant, and the standards set forth above, the Zoning Administrator may issue a permit authorizing the proposed large family day home use. The Zoning Administrator may impose reasonable conditions on the applicant to mitigate the potential effects of the proposed large family day home use on neighboring and area properties.

(f)

Appeals. Any person aggrieved by the administrative approval of a large family day home may appeal the Zoning Administrator's administrative approval to the Board of Zoning Appeals. An appeal must be taken within thirty days after the Zoning Administrator's issuance of the permit for the large family day home.

(g)

Procedure Upon Denial. An applicant for a large family day home use that is denied a permit by the Zoning Administrator through the administrative process under this section may request in writing that its application be considered by the Council.

1.

Upon receipt of such written request, the Zoning Administrator shall cause public notice of a hearing to be given as provided in Virginia Code § 15.2-2204 and Section 35.2-11 of this ordinance.

2.

Upon such hearing, the Council may, in its discretion, approve the permit subject to such conditions as agreed upon by the applicant and the locality, or deny the permit.

(h)

Approval as a Conditional Use. If the applicant is denied an administrative approval or approval is revoked, the Council may approve the large family day home as a conditional use after notice and hearing as provided for in Section 35.2-11.

(i)

Revocation. If the petitioner fails to comply with the requirements of this ordinance or the provisions of the Code of Virginia concerning the operation of the large family day home or if the large family day home is determined to constitute a nuisance, the Zoning Administrator may revoke the permit after notice and an opportunity for the applicant to be heard by the Zoning Administrator.

(a)

The raising of farm animals in the R-C district shall comply with the R-C district provisions; the raising of farm animals in any other district shall comply with the provisions of Exhibit VII-1:

Exhibit VII-1: Standards for Farm Animals

(Ord. No. O-17-013, § 1, 2-14-17)

No lot, building or structure shall be used and no building or structure shall be erected that is intended or designed to be used, in whole or in part, for any industrial manufacturing, trade or commercial purposes except as authorized in section 35.2-71 for a home occupation.

No accessory building shall be constructed upon a lot until the construction of the main building has actually commenced and no accessory building shall be used unless the main building on a lot is completed and used.

Any owner of a travel trailer, boat and/or boat trailer, truck camper, inhabitable bus or recreational vehicle may park or store, but not inhabit, such equipment providing such equipment is located behind the building line of the main structure on the property and it is not over 22 feet in length or eight feet nine inches in height. This section shall apply to the parking or storing a vehicle for seven or more days within any 30-day period.

Food service facilities that are located within a building housing a permitted use and serve one or a group of permitted uses are authorized as an accessory use in the I-1, I-2 and I-3 zoning districts.

No commercial vehicle requiring a Class A or Class B license to operate, or that carries hazardous materials may be parked or stored in a R-1, R-2, R-3 or R-4 district.

Temporary family health care structures as defined in section 15.2-2292.1 of the Code of Virginia shall be permitted on lots zoned for and developed with single-family detached dwellings, subject to the approval of the Zoning Administrator by issuance of a permit and compliance with the following provisions:

(a)

Any temporary family healthcare structure installed pursuant [to] occupancy of a temporary family healthcare structure shall be limited to one mentally or physically impaired person or, in the case of a married couple, two occupants, one of whom is a mentally or physically impaired person, and the other requires assistance with one or more activities of daily living as defined in Virginia Code § 63.2-2200, as certified in writing by a physician licensed in the Commonwealth.

(b)

The property on which the temporary family health care structure will be located shall be owned or occupied by an adult caregiver who provides care for a mentally or physically impaired person and the property shall be used as the caregiver's primary residence. The adult caregiver shall be related by blood, marriage, or adoption to or the legally appointed guardian of the physically or mentally impaired person(s) occupying the temporary family health care structure.

(c)

Only one temporary family health care structure shall be permitted on a lot or parcel of land.

(d)

Temporary family health care structures shall be limited to a maximum of 300 square feet of gross floor area and shall meet the minimum setback requirements for single family detached dwellings of the zoning district in which they located. Temporary health care structures shall be located behind the front building line.

(e)

Temporary family health care structures shall not be installed on a permanent foundation.

(f)

Temporary family health care structures shall be subject to the Industrialized Building Safety Law (Virginia Code 36-70 et seq.) and the Virginia Uniform Statewide Building Code (Virginia Code 36-97 et seq.).

(g)

Temporary family health care structures shall be required to connect to any water, sewer, and electric utilities that are serving the principal residence on the property, and shall comply with all applicable requirements of the Virginia Department of Health.

(h)

No signs promoting or advertising the existence of the structure shall be permitted on the structure or on the lot.

(i)

The applicant shall provide evidence of compliance with all requirements of Virginia Code §15.2-2292.1 and this section on an annual basis as long as the temporary family healthcare structure remains on the property.

(j)

The Zoning Administrator may arrange the inspection of the temporary family healthcare structure at reasonable times convenient to the caregiver, not limited to the annual compliance confirmation.

(k)

The following shall be submitted to the Zoning Administrator with any application for a temporary family health care structure:

1.

The name and contact information of the proposed caregiver, and the relationship of the caregiver to the physically or mentally impaired proposed occupant.

2.

Address of the property.

3.

Written certification of physical or mental impairment of the proposed occupant, including verification that the person requires assistance with two or more activities of daily living as defined in Section 63.2-2200 of the Code of Virginia, by a physician licensed in the Commonwealth of Virginia.

4.

Written certification by a physician licensed in the Commonwealth of Virginia that the spouse of the mentally or physically impaired person also requires assistance with one or more activities of daily living as defined in Section 63.2-2200 of the Code of Virginia.

5.

Three copies of a plat drawn to a designated scale of not less than one inch equals 50 feet, which may be prepared by the applicant, and shall contain the following information:

a.

The dimensions of the lot, the boundary lines thereof, and the area of land contained therein; and

b.

The dimensions, height and distance to all lot lines of any existing structure on the lot and of the proposed temporary family health care structure.

(l)

Temporary family health care structures shall be removed from the property within 60 days from the date on which the structure was last occupied by a mentally or physically impaired person receiving services or in need of the assistance provided for in this Section or Virginia Code § 15.2-22.92.1.

(m)

A permit for a temporary health care structure may be revoked by the Zoning Administrator due to failure of the applicant to comply with any of the above provisions or the provisions of Virginia Code § 15.2-2292.1. Additionally, the Zoning Administrator may seek injunctive relief or other appropriate actions or proceedings in the Circuit Court of the City of Lynchburg to ensure compliance with this Section and Virginia Code § 15.2-2292.1. The Zoning Administrator shall be vested with all necessary authority on behalf of the City Council to ensure compliance with this section and Virginia Code § 15.2-2292.1.

(a)

When an educational institution is located outside an IN district, low impact accessory uses shall be permitted by right subject to applicable standards of this zoning ordinance.

(b)

Low impact accessory uses include auditoriums, gymnasiums, pavilions, picnic areas, unlighted sports fields and sports courts, and other uses that the Zoning Administrator determines are customary accessory uses that will not be incompatible with adjacent land uses.

Short Term Rentals as defined in Section 35.2-113 of this article shall be a use permitted by right in the R-C, R-1, R-2, R-3, R-4, B-1, B-3, B-4, B-5 and IN-2 Districts subject to the following provisions:

(a)

On or before July 1 of each year, the owner or managing agent, or a duly authorized representative acting on behalf of the owner or managing agent, shall register the address of any dwelling unit to be used for short term rental. The form used for registration may include multiple addresses under single ownership.

Every person filing registration forms with the Zoning Administrator shall pay a one-time registration fee of $150.00 per form to defray the cost of processing the registration.

On or before July 1 or each year, the owner or managing agent or a dully authorized representative of a dwelling previously and continuing to be used as a short term rental shall provide the City with updated contact information.

(b)

Any person who fails to register a building to be used as a short term rental by the July 1 deadline shall be subject to a penalty of $500.00.

(c)

The maximum number of occupants in a dwelling unit offered for short term rental shall not exceed four unrelated individuals. Where two or more related individuals occupy a short term rental unit, only one person unrelated to the related people may occupy the short term rental unit. The number of dwelling units shall not exceed that which is permitted in the underlying zoning district.

Short-term rentals shall be exempt from section 35.2-62, parking and loading.

(d)

All buildings offered for use as a short term rental shall meet the requirements of the Uniform Statewide Building Code.

(e)

Three violations of state or local laws, ordinances or regulations for a property offered for short term rental and directly related to the short term rental use within a three-year period, shall result in the use no longer being permitted.

1.

Prior to revoking approval for a property to be used or offered as a short term rental, the Zoning Administrator shall give written notice to the owner describing the violations constituting the basis of the revocation.

2.

Notice shall be given to the owner by:

a.

Posting a copy of the notice in a conspicuous place on the premises.

b.

First Class mail or e-mail to the addresses listed in the registration form.

(Ord. No. O-19-040, § 1, 10-8-19)

For the uses listed in this section, compliance with the applicable provisions shall be required whether the use is allowed by right or as a conditional use.

An airport, air landing field or other air transportation facility (see LBCS Code 4110) may be approved for an airport if the proposed facility meets the following standards:

(a)

The proposed facility will meet the standards and requirements of the federal aviation administration.

(b)

The airport is of such size, with the runways so located, that the operation thereof, in accordance with the standards and requirements of the federal aviation administration, will not require limitation of the heights of structures on adjacent land to be less than the height limit specifically prescribed for the district in which such land is situated.

(c)

Every land area used by any aircraft under its own power shall be provided with a dustless surface.

(d)

No area used by any aircraft under its own power shall be located within a distance of 200 feet from any property line; 1,000 feet from any public or private institution where airport operations could interfere with the work of the institutions, including schools, hospitals, sanatoriums, and churches; or 1,000 feet from any residential or commercial zones on the approach and departure ends of the runway. Buildings, hangars, or other structures shall be at least 200 feet from any property line and no parking of vehicles shall be allowed within 100 feet of any property line.

(e)

The airport shall be surrounded by a fence not less than six feet in height, with suitable gates, effectively controlling access to such area.

(f)

Appropriate accessory uses may be permitted, such as restaurants and snack bars, auto rental agencies, airline business offices, and service facilities.

(g)

The application shall be referred to the federal aviation administration for the report of such agency as to whether operations relating to such airport will interfere with those of other existing or proposed airports in the vicinity.

(h)

Adequate off-street parking and loading spaces shall be provided to serve airport activities and accessory uses. The number of parking and loading spaces to be required shall be determined by the City Planner.

Arenas, auditoriums and stadiums (see LBCS Codes 5170 & 5180), whether principal uses or accessory to another use, shall meet the following standards:

(a)

Such use shall not draw vehicular traffic to and through local streets in nearby residential areas.

(b)

Such use shall not be located within 200 feet of a residential district if the seating capacity exceeds 1,000 people.

(c)

No racing of automobiles shall be permitted within one mile of any residential district.

(d)

Adequate queuing space at the vehicular entrance and sufficient vehicular entrances and exits shall be provided to prevent traffic congestion.

(e)

Vehicular entrances and exits for such use shall be provided separately and shall comply with section 35.2-66.3.

(f)

Shall be located within ¼ mile of existing or planned transit facilities approved by the City and linked by pedestrian and bicycle facilities.

(g)

No automobile parking space shall be located within any required setback area or within 50 feet of any lot line.

(h)

The maximum lot coverage shall not exceed 50 percent of the lot.

Automobile service stations, as defined in Article XI and which provide light automobile repair services pursuant to LBCS functional use code 2117a, are permitted by conditional use permit in B-3, B-4, I-1 and I-2 districts, and shall meet the following standards. These standards shall also be used for automobile service stations (see LBCS Code 2117) in B-5 and I-3 districts.

(a)

In addition to the buffer required by section 35.2-63.10, a solid wall or a substantial, solid fence not less than five feet and not more than eight feet in height shall be provided along any property line abutting a residential zoning district. Visibility at intersections shall be as provided for in section 35.2-66.4.

(b)

Gasoline pumps or other service appliances shall be located on the lot at least 15 feet behind required setbacks and canopies over gasoline pumps shall not extend nearer than 20 feet to all the property lines. All service, storage or similar activities in connection with such use shall be conducted entirely within the building. Driveways shall comply with the access management provisions of section 35.2-66.2.

(c)

Light automobile repair work may be done at an automobile service station; provided, that no major repairs, spray paint operations or body or fender repair is permitted.

(d)

No unlicensed vehicle or junked or wrecked vehicle will be permitted to be parked or stored on the premises, and no trucks, trailers or school buses will be permitted to remain parked or stored upon the premises unless being worked upon or being serviced by employees of the station.

(e)

There shall be no uncovered sheds, storage bins or similar facilities erected or permitted to remain on the premises.

(f)

The minimum lot size for any automobile service station built under these regulations shall be 20,000 square feet.

Boardinghouses, lodging houses, or rooming houses as defined in Article XI and listed under LBCS Codes 1321 and 1322, are permitted by conditional use permit in certain residential districts subject to the following standards:

(a)

The lot must contain the minimum area requirements of the respective district for each household unit, boarder or roomer as follows:

(b)

The facility shall not exceed a total of nine boarders or six roomers, except when a resident manager, as defined herein, resides on the premises, in which case the maximum number of roomers shall not exceed nine including the manager. The resident manager shall be a responsible person who is designated to act on the behalf of the owner of a rooming house and shall keep proper order of such premises.

(c)

The site must comply with the parking requirements of section 35.2-62 of the Zoning Ordinance, providing one space per boarder or roomer.

(d)

The operator of the facility must obtain necessary licenses and inspections.

(e)

The conditional use permit shall be granted only to the person or firm who will operate the boardinghouse, lodging house, or rooming house.

(f)

The City Council may prescribe any additional conditions that are necessary or desirable in its judgment.

In residential and commercial districts, cemeteries and columbaria (see LBCS Codes 6722 and 6724) permitted by conditional use permit shall meet the following standards unless they are accessory to a church or other religious institution:

(a)

Cemetery plots and urns, shall be located a minimum of 50 feet from the property line of any residential use or district and 25 feet from any commercial district, with a vegetative buffer according to the regulations of section 35.2-63.10 (Buffering) of this ordinance.

(b)

Structures shall be located a minimum of 50 feet from the property line of any residential use or district and 25 feet from any commercial district with a vegetative buffer shall be provided according to the regulations of section 35.2-63.10 (Buffering) of this ordinance.

(c)

Driveways and parking areas shall be located a minimum of 20 feet from the property line of any residential use or district and ten feet from any commercial district.

Churches and other places of worship (see LBCS Code 6600) permitted by conditional use permit shall meet the following standards:

(a)

Parking requirements of Section 35.2-62 of this ordinance are met.

(b)

Lot building coverage shall not exceed 25 percent of buildable lot area.

(c)

Building shall be located at least 50 feet from any residential property line.

(d)

The conditional use permit shall establish appropriate conditions to ensure that the impacts of principal and accessory uses are adequately addressed.

(e)

A parsonage, pavilion, cemetery or columbarium may be established without the need for modification of the conditional use permit, but the addition of a school, other residences or an increase in seating by more than 50 percent of the approved conditional use permit shall require City Council approval of a modified conditional use permit.

(f)

In any district, a church or other place of worship may be erected to a greater height than permitted in the schedule of regulations provided that the front, side and rear setbacks shall be increased one foot for each foot by which such building exceeds the height limitation established for the district in which such building is located.

Areas for the temporary location of recreational vehicles, travel trailers, self-propelled campers, tents, and other temporary and movable overnight accommodations (see LBCS Code 5400) may be permitted by conditional use permit in B-5 or IN-2 districts if the following conditions are met:

(a)

The proposed site shall contain at least ten acres of area, with at least 5,500 square feet of land for each trailer site and shall provide at least 4,000 square feet of area in each vehicle or trailer space, which shall have at least 40 feet of frontage on a paved access road at least 20 feet in width leading to a public street. Every vehicle or trailer must be parked at least 20 feet from any other vehicle or trailer.

(b)

The site shall be served by water supply and waste disposal systems acceptable to the state department of health.

(c)

The site shall have direct access to an arterial road.

(d)

Buffering in accordance with section 35.2-63.10 (Buffering) of this Ordinance shall be provided between areas used for the parking of trailers and any adjacent commercial or permanent residential uses.

(e)

Trailer courts permitted under this section may not be used for the location of a trailer for more than 30 days.

(f)

The following services shall be provided:

1.

An adequate supply of pure water for drinking and domestic purposes shall be supplied by pipes to all buildings and trailer lots within the court. Each lot shall be provided with a cold water tap. Waste from this supply shall be emptied into a drain connected to an approved disposal system.

2.

Toilet and other sanitary facilities shall be provided for males and females and shall either be in separate buildings or shall be separated, if in the same building, by soundproof walls; shall be marked with appropriate signs; and shall have doors at least eight feet apart. Each toilet and each shower stall shall be in a private compartment or stall.

3.

Toilet facilities for males shall consist of not less than one flush toilet, one urinal, one shower with a dressing compartment with at least nine square feet, and one lavatory for every ten spaces or fraction thereof.

4.

Toilet facilities for females shall consist of not less than two flush toilets, one shower with a dressing compartment with at least nine square feet and one lavatory for every ten spaces or fraction thereof.

5.

Suitable laundry facilities shall be provided.

6.

An adequate supply of hot and cold running water shall be provided for each shower, lavatory, and laundry.

7.

Service buildings housing the toilets and sanitary facilities shall be permanent structures complying with all applicable ordinance and statutes regulating buildings, electrical installation, and plumbing and sanitation systems and shall be located not closer than 20 feet nor further than 200 feet from any court unit.

8.

All service buildings and the grounds of the court shall be maintained by the licensee or his agent and kept free of trash, wastes, standing water or any other condition that will menace the health of any occupant or the public or constitute a nuisance.

9.

Waste from showers, bathtubs, flush toilets, urinals, and lavatories in service and other buildings within the court shall be discharged into a public sewer system in compliance with applicable ordinances or into a private sewer and disposal plant or septic tank system of such construction and in a manner approved by the Department of Health.

(g)

Development in campgrounds must meet all other applicable regulations in this ordinance.

Care centers for children or adults (see LBCS Code 6562) located in residential zoning districts shall meet the following standards:

(a)

All state health department regulations for adult or child care centers or kindergartens shall be met, as applicable.

(b)

For persons over 18 years of age, there shall be an appropriately enclosed outside recreation area of not less than 30 square feet per person enrolled; for persons 18 years of age or less, there shall be an appropriately enclosed recreation area of not less than 75 square feet per person using the recreation area at any one time.

(c)

The movement of traffic through the street on which the facility is located shall be capable of being controlled to the degree necessary to allow ingress and egress by small children.

(d)

The minimum area and frontage regulations in Exhibit VII-2 shall apply in residential zoning districts except where the center is a part of a multi-household building or group of buildings.

Exhibit VII-2: Care Center Area and Frontage Requirements

(e)

Screening as specified in Section 35.2-63.9 of this ordinance shall be provided, for the other perimeter of the parking and of the recreation area.

(f)

If an off-site recreation area is used, there shall be safe pedestrian access between a care center and the recreational area.

(g)

Setbacks for the facility shall comply with the applicable zoning regulations of the district in which the facility is located.

(h)

Minimum off-street parking and loading space shall be provided as follows:

1.

A minimum of two parking spaces is required for each care center; plus

2.

Two parking spaces for every thirty (30) persons enrolled.

(i)

Additional conditions may be imposed pursuant to the conditional use permit process when applicable.

(Ord. No. O-23-038, § 1, 5-9-23)

The intent of the provisions for group homes (see LBCS Codes 6522 and 6523) is to promote housing opportunities for those individuals that have had difficulty in obtaining adequate housing. Group homes, for no more than eight mentally ill persons and no more than four aged, infirm or physically disabled persons are exempt from the provisions of paragraphs (b) through (i) of this section. It is not the City's intent to suppress and the City will make reasonable efforts to accommodate housing that is protected under the Federal Fair Housing Act. Group homes do not include accommodations for pre-release and post-release individuals who have been incarcerated. Group homes may be permitted by conditional use permit in certain residential districts and in certain non-residential districts if the following requirements are met:

(a)

Any applicable state health department regulations or other regulatory licensing for group homes shall be met.

(b)

For residents over 18 years of age, there shall be an appropriately enclosed outside recreation area of not less than 30 square feet per resident enrolled; for residents 18 years of age or less, there shall be an appropriately enclosed outside recreation area of not less than 75 square feet per person using the facility at any one time.

(c)

The movement of traffic through the street on which the facility is located shall be capable of being controlled to the degree necessary to allow ingress and egress.

(d)

The minimum area and frontage regulations established in Exhibit VII-3 shall apply in all districts except where the group home is a part of a multi-household building or group of buildings.

Exhibit VII-3: Group Home Area and Frontage Requirements

(e)

A facility for fewer than four individuals shall comply with the definition of "household" of the Zoning Ordinance.

(f)

Screening as specified in section 35.2-63.9 of this ordinance shall be provided, for the outer perimeter of the recreation area.

(g)

Setbacks for the facility shall comply with the applicable zoning regulations of the district in which the facility is located.

(h)

Minimum off-street parking and loading space shall be provided as follows:

1.

A minimum of two parking spaces is required for each group home; plus

2.

One parking space for every eight residents, or one for every resident with a car, which is greater; and

3.

One parking space for every three staff members.

(i)

Additional conditions may be imposed pursuant to the conditional use permit process when applicable.

(a)

Heliports (see LBCS Code 4110) may be permitted by conditional use permit within I-1 and by right in the I-2 and I-3 district if they meet the following requirements:

1.

The heliport is an appropriate use of the land and will not unduly interfere with surrounding land uses.

2.

The proposed site will meet the standards and requirements of federal and state agencies concerned.

3.

Every land area used by heliports for take-off or landing shall be of a dustproof surface.

4.

No area used by any aircraft under its own power shall be located within a distance of 200 feet from any property line; 1,000 feet from any public or private institution where airport operations could interfere with the work of the institution, including schools, hospitals, sanatoriums and churches; or 1,000 feet from any departure ends of the runway. Buildings, hangars, or other structures shall be at least 200 feet from any property line. No parking of vehicles shall be allowed within 100 feet of any property line.

5.

The Zoning Administrator shall refer the plans for the proposed facility to the Federal Aviation Administration for the report of that agency as to the possible interference of flight operation relating to the proposed facility with those of other existing or programmed airports or heliports and shall certify that no such interference will exist.

(b)

A helipad may be allowed by right as an accessory use to an institutional facility in any district or for any other use in any non-residential district provided that any helipad is located at least 200 feet from the nearest residential district property line.

Hospitals (see LBCS Code 6530) may be permitted by conditional use permit in residential districts if the following conditions are met:

(a)

The site is easily accessible to ambulatory and non-ambulatory patients, visitors, staff members, personnel, ambulances, firefighting equipment, and for the delivery of supplies, avoiding congested areas while at the same time not causing congestion.

(b)

Certification must be granted by the Virginia Department of Health Office of Licensure and Certifications.

(c)

Accessory Uses. The Zoning Administrator may permit accessory uses, provided that the following conditions are met:

1.

That they will improve the ability of the hospital to function and provide community service.

2.

That all potential adverse effects emanating from such uses are prevented.

3.

That all requirements of this ordinance applicable to such uses are met, including those governing off-street parking and loading, lot area, setbacks, site plan review, and conditional use procedures.

4.

In meeting minimum lot area and setback requirements for different uses, there is no pooling of open space between different uses.

5.

Examples of accessory uses which may be allowed on a zoning lot whose principal uses is a hospital are as follows:

a.

Staff residences (single-household, multi-household, dormitory).

b.

Schools (medical, nursing, patient rehabilitation).

c.

Recreation facilities (gymnasium, swimming pool, tennis courts).

d.

Research laboratories.

(d)

Site standards—The hospital shall meet all height, bulk, and setback regulations for the district in which it is located, as well as the regulations in Article VI of this ordinance, except that in no case shall any building which is a part of such an institution or an accessory use to such an institution be located within 50 feet of any lot line.

Facilities for the raising and boarding of pets and small animals (see LBCS Code 2722) within the City of Lynchburg shall meet the following standards:

(a)

The minimum parcel size shall be one acre in other districts where these facilities are permitted.

(b)

No outside pen, run or other off-leash area may be located within 200 feet of any residential district or within 50 feet of a lot line in any other district.

(c)

Buffering outside pens, runs or off-lease areas as specified in section 35.2-63.10 (Buffering) of this Ordinance shall be provided on side and rear lot lines.

(d)

Disposal of waste must ensure that streams and underground water will not be polluted by the wastes and that odors and other emissions are not perceptible at lot lines.

(a)

Individual manufactured homes (see definition in Article XI) not meeting regular building code regulations, but being certified as complying with HUD's "Manufactured Home Construction and Safety Standards," must be located in manufactured home park as regulated herein containing not fewer than five manufactured home lots or sites.

(b)

Manufactured home communities (see LBCS Code 1116) may be permitted in the R-1, R-2, R-3, R-4, and IN-2 districts by conditional use permit if the following standards are met:

1.

The site shall contain no less than ten contiguous acres.

2.

The site shall be served by public sewerage and water supply adequate for the proposed development, and provision shall be made on each site for the proper connection of each manufactured home to City sewer and water supply lines. All utility lines shall be placed underground.

3.

The site shall have access to at least one collector street meeting the City's standards for cross-section and capacity.

4.

The site shall be reasonably accessible to schools, shopping, employment, recreation areas, and police and fire protection.

5.

The site shall not include conditions of soil, ground water level, drainage or topography that could cause hazards to property or the health or safety of the occupants.

6.

Existing trees and shrubbery on the site shall be preserved to the greatest possible extent.

7.

Street widths and layouts shall conform to the subdivision ordinance of the City of Lynchburg.

8.

All manufactured homes shall be located at least 25 feet from any lot line and 30 feet from any street right-of-way. The side and rear setbacks shall provide a buffer as specified in section 35.2-63.10 of this ordinance where it is bounded by residential, commercial, or industrial development.

9.

Parking shall be provided in an amount of two spaces per manufactured home unit. At least one space shall be provided within each individual lot.

10.

Maximum density shall be that prescribed for the district in which the park is located, except that no manufactured home park shall exceed a density of eight units per acre. No individual lot shall be less than 4,000 square feet for single-wide units and 6,000 square feet for double-wide units. Nor shall any lot have frontage of less than 40 feet on a paved access road at least 20 feet in width leading to a public street. The minimum spacing between manufactured homes shall be 20 feet.

11.

Lot coverage may not exceed 30 percent.

12.

In manufactured home parks containing more than 20 units, usable recreation area totaling not less than ten percent of the total area of the park shall be provided.

13.

Each manufactured home lot or space shall be provided with an outdoor living and service area. Such area shall be improved as necessary to assure reasonable privacy and comfort. The minimum area shall not be less than 300 square feet with at least a dimension of 15 feet and shall include a concrete or other hard surfaced terrace as a patio not less than 200 feet in area adjacent to the area designated for the manufactured home.

14.

No existing manufactured home park shall be extended except in accordance with these regulations.

15.

Existing mobile homes shall be considered non-conforming uses and no mobile home may be placed on a lot or space. However, a mobile home may be replaced with a manufactured home in accordance with Virginia Code 15.2-2307.

(c)

Accessory Structures. No more than one utility building of 100 square feet or less shall be permitted for each manufactured home space or lot.

(d)

Signs. Signs shall comply with the provisions of district regulations as required for R-1, R-2, R-3, and R-4 districts.

Museums, art galleries and similar institutions (see LBCS Code 5200) are permitted by conditional use permit in R-C, R-1 and R-2 districts subject to the following requirements:

(a)

Relevant regulations of this ordinance, including those for parking, signs, and lighting shall be met.

(b)

Streets serving the site shall be adequate to carry the traffic expected to be generated without disruption of residential neighborhoods.

(c)

Commercial activities included in museums and art galleries shall be limited to the sale of postcards, prints, books, reproductions of sculpture or handcrafts, films, or similar merchandise related to the exhibitions in the building.

Nursing homes (see LBCS Code 1200) may be permitted by conditional use permit in certain residential districts if the following conditions are met:

(a)

The nursing home shall meet all requirements of federal, state and other public agencies for physical facilities and administration organization.

(b)

The proposed site shall have direct access to at least one collector street or road of higher function but shall not be located on a heavily traveled arterial or freeway unless substantial screening is provided along such heavily traveled road. In general, road access must be adequate for the traffic expected to be generated by the proposed development.

(c)

The minimum area and frontage regulations in Exhibit VII-4 shall apply in all districts except where the center is a part of a multi-household building or group of buildings.

Exhibit VII-4: Nursing Home Area and Frontage Requirements

Note: A facility for fewer than four individuals shall comply with the definition of "household" of the Zoning Ordinance.

(d)

Screening as specified in section 35.2-63.9 of this ordinance shall be provided, for the outer perimeter of the parking area.

(e)

The nursing home structure shall be at least 50 feet from any lot line.

(f)

The design of the facility must be such that no sounds, smells or any other noxious emissions from such activities as kitchens or loading areas will become a nuisance to the community.

(g)

Certification must be granted by the Virginia Department of Health Office of Licensure and Certifications.

(h)

Additional conditions may be imposed pursuant to the conditional use permit process when applicable.

Facilities for clubs and fraternal organizations (see LBCS Code 6830), excluding residential fraternities and sororities (see LBCS Code 1323) that are permitted by conditional use permit in residential districts shall conform to the following regulations:

(a)

Residential structures shall comply with the setbacks of underlying zoning district and non-residential structures shall be located at a distance of not less than 100 feet from the side or rear lot lines from residential parcels.

(b)

All buildings on the site shall not cover, in the aggregate, a ground floor area of more than 20 percent of the area of the site.

(c)

Signs shall comply with section 35.2-64 et seq.

The use of land or facilities owned or leased by, or subject to easements granted to the City of Lynchburg, shall not be subject to the use limitations established in the Zoning Ordinance. As a matter of policy, the City will generally comply with standards applicable to similar uses.

Outdoor recreation facilities (see LBCS Codes 5372—5374 & 5500), excluding facilities accessory to residential uses and City-owned recreational facilities, shall meet the following conditions:

(a)

Applicable requirements of this ordinance, including those relating to signs, lights, and off-street parking, are complied with.

(b)

Buffering as specified in section 35.2-63.10 (Buffering) of this Ordinance, is provided between areas to be used for games, athletics, or other active recreation and adjacent residential areas.

(c)

Swimming pools, tennis courts, and other facilities presenting potential dangers to the life and limb of children shall be provided with fencing capable of restricting access to such facilities at times when they are not supervised.

(d)

The use of sound amplifying devices shall be restricted to that necessary for safety purposes.

Riding academies and stables (see LBCS Code 5374) shall meet the following requirements:

(a)

Access to adequate trails or areas for horseback riding shall be available on the same zoning lot or within 600 feet of such zoning lot.

(b)

The location and operation of such use will not be such as to result in any serious traffic hazards or conflicts on nearby streets.

(c)

No stables or riding areas shall be located within 100 feet of any side or rear lot line.

(d)

If not more than two horses are kept, the stable shall be located on a tract of not less than two acres. If three or more horses are kept, the stable shall be located on a tract of not less than ten acres.

Private owned sanitary or solid waste management facilities (see LBCS Code 4340) may be permitted by conditional use permit in the I-3 district if the following requirements are met. Existing privately owned facilities may be expanded by right in any zoning district, provided that the expansion meets all requirements of this section.

(a)

Privately owned facilities shall be established only by and for the use of the specific industry generating all of the industrial waste deposited in the facility.

(b)

All state and federal regulations must be complied with, all necessary permits be obtained, and copies of said permits be given to the Building Official, the City Planner, Director of Water Resources, and the City Engineer.

(c)

The facility shall be located with direct access onto an arterial or collector street. Existing privately owned facilities and expansions shall be exempt from this requirement.

(d)

Fencing or natural barriers shall completely enclose the disposal area to prevent unauthorized disposal or salvage activities and to prevent waste materials from blowing onto adjacent properties.

(e)

The operation shall have a minimum setback of 100 feet from all adjacent property lines, except where the property abuts a residential zoning district, in which case a minimum setback of 200 feet shall be maintained.

(f)

Within the required setback of 100 or 200 feet, all existing vegetation shall remain undisturbed as a buffer, except for the cleared fire-break which is 50 feet in width. Where existing vegetation is sparse or nonexistent, a vegetative buffer shall be provided according to the regulations of section 35.2-63.10 (Buffering) of this Ordinance.

(g)

A plan shall be submitted to the City for review and approval indicating (1) how the area will be returned to a stable condition following the closure of the disposal operation, and (2) the intended future use of the site.

(h)

A recordation shall be made with the deeds of all parcels on which landfill or other waste treatment or disposal facilities have been located to inform all future owners that the property was used for a sanitary or solid waste management facility, the types of materials disposed there, and the dates of its operation. Certification of such recordation shall be given to the Zoning Administrator at the time of facility closure.

Schools, colleges, and vocational schools (see LBCS Code 6100) permitted by conditional use permit excluding City-owned schools shall conform to the following requirements, unless otherwise approved by the City Council:

(a)

Minimum Area, Frontage and Setback Requirements.

1.

Kindergartens.

2.

Elementary schools. Minimum usable lot area: four acres plus one acre for each 100 pupils; frontage: 200 feet; setback: 25 feet from all lot lines.

3.

Middle schools. Minimum usable lot area: ten acres plus one acre for each 100 pupils; frontage: 300 feet; setback: 50 feet from all lot lines.

4.

Senior high schools. Minimum usable lot area: ten acres plus one acre for each 100 pupils; frontage: 300 feet; setback: 50 feet from all lot lines.

5.

Colleges, junior colleges and universities with residents.

a.

Minimum usable lot area: 50 acres plus one acre for each 100 pupils;

b.

Minimum frontage: 500 feet;

c.

Minimum setbacks: 100 feet from all lot lines.

d.

Residents shall include students, whether housed in dormitories, fraternity houses or other living quarters; staff members and their families; and caretakers and their families who sleep for any part of the school year on the zoning lot.

6.

Sources of potential nuisance factors, including cafeterias; power plants; kitchens; gymnasiums; unloading areas for supplies, food and garbage; and outdoor play areas shall be located a minimum of 200 feet from any residential zoning lot and shall be provided with buffer areas according to the regulations of section 35.2-63.10 (Buffering) of this Ordinance.

7.

Access drives shall be located at least 40 feet from any adjacent residential zoning lot.

(b)

Schools for specific educational purposes such as for technical or vocational training may be established provided that all operations must be conducted within an enclosed building.

(c)

The installation of a temporary modular classroom unit(s) at an existing school may be exempt from obtaining a Conditional Use Permit (CUP) provided that the following conditions are met:

1.

The need for the classroom unit(s) shall be of an emergency nature, which need could not have been foreseen enough in advance to follow the usual CUP application/public hearing process;

2.

A written request describing the proposal and a site plan shall be submitted to the City Planner;

3.

The classroom unit(s) shall be installed on a temporary basis to be in place no longer than the current school year. If, at the end of the current school year, it is determined that there is a continued need for the classroom unit(s) in that location, then a CUP petition shall be submitted; and the established CUP application/public hearing process shall be followed;

4.

The unit(s) shall be located on the school property in such a way as to minimize impact on the neighborhood;

5.

Adequate landscaping shall be provided to buffer the unit(s) from adjacent residential areas; according to the regulations of section 35.2-63.10 of this ordinance.

6.

The exterior lighting for the modular classroom units(s) shall be controlled so that direct illumination shall not be visible beyond the property line; and

7.

The proposal shall comply with any additional conditions that are deemed to be necessary or appropriate by the City Planner. The Technical Review Committee (TRC) will review each request and make a recommendation to the City Planner. If the City Planner determines that all of the above conditions have been met, written approval for the installation of the classroom unit(s) shall be granted. In the event of a substantive, later objection from the public, such administrative approval may be revoked by the City Planner with referral of the matter to the Planning Commission and City Council for a decision according to the established CUP application/public hearing process.

(a)

Outdoor shooting ranges, including archery ranges (see LBCS Code 5375) may be permitted in conservation districts by conditional use permit.

(b)

Indoor shooting ranges, including archery ranges (see LBCS Code 5376) may be permitted in B-3, B-5, IN-2, I-1 and I-2 districts by conditional use permit, provided the following conditions are met:

1.

Building plans certified by a design professional are required. Plans shall include backstops, ventilation, bullet traps, bullet resistant material between each firing lane, lead abatement and noise buffering to meet or exceed all applicable State and Federal laws and regulations.

2.

The operator shall cause a qualified design professional to perform annual inspections to verify continued compliance with all applicable design standards and safety procedures, a report of which shall be filed with the Zoning Administrator.

3.

The range operator shall maintain a valid certificate of public liability insurance for not less than $2 million with the City of Lynchburg Risk Management office.

(a)

Generally. The following uses shall be allowed as temporary uses by the Zoning Administrator subject to the procedures established in section 35.2-14.5 and the provisions of this section.

(b)

Carnivals and Fairs, Temporary. Temporary carnivals and fairs (see use LBCS Code 9921) permitted within the boundaries of the City of Lynchburg shall meet the following standards:

1.

A temporary use permit shall be required which shall have a maximum duration of thirty (30) days.

2.

Such carnival or fair must be under the sponsorship of a nonprofit organization located within Lynchburg, Amherst, Campbell or Bedford County, or a City or town situated in one of those counties.

3.

The location of the carnival or fair shall have direct access to an arterial or collector road.

4.

Off-street parking, in amounts to be determined by the City Planner, shall be provided in sodded areas, parking lots ordinarily used for other purposes, or in such other ways that muddy conditions and erosion shall be minimized.

5.

Exterior lights shall be shielded from any adjacent residential areas.

6.

Amplified music or other noise shall cease between the hours of 10:00 p.m. and 9:00 a.m.

7.

After the duration of the fair or carnival, all grounds used shall be restored to their condition before the fair or carnival. It shall be the responsibility of the sponsoring organization to perform such restoration.

(c)

Temporary Outdoor Promotional Attractions. Temporary outdoor promotional attractions (see LBCS Code 9922) incident to a shopping center or other business establishment, such as auto, boat or home shows, pony and hay rides, acrobatic acts and the like, may be permitted by temporary use permit subject in each case to approval by the Zoning Administrator and compliance with the following conditions:

1.

A permit for any such attraction shall not be issued for a longer period than 15 days, but may be renewed by the Zoning Administrator with or without modification; or may be revoked.

2.

A charge may be made for admission to or use of any such attraction.

3.

No such attraction shall be located less than 150 feet of the nearest lot line of any adjacent dwelling, except multi-household or mixed use residential structures.

4.

Lights, music, amplifiers and other noise shall be controlled so as not to be a nuisance to adjacent residents.

5.

The hours of operation shall not extend beyond the normal business hours of the business establishments to which such attractions are incident.

6.

In the event the Zoning Administrator refuses to issue a permit or revokes a permit previously issued for said promotional attractions, the applicant for such a permit shall have the right of appeal to the Board of Zoning Appeals.

(Ord. No. O-17-013, § 1, 2-14-17)

Recycling collection centers that are open for public use shall be located in industrial or business districts in an area no larger than 5,000 square feet or at public school or public recreation sites for the collection of recyclable materials. The operation of the recycling bins and the materials allowed to be collected shall be under the supervision of the Director of Public Works, and the location of the recycling bins shall be approved by the director of community planning and development. The definition does not include recycling containers that are used on site by a private entity for the purpose of storing recyclable waste materials generated only by such private entity.

Tourist homes or bed and breakfast establishments (see LBCS Code 1310) shall meet the following standards:

(a)

For R-1 and R-2 districts, not more than three rooms with not more than two persons per room may be offered for transient guests for compensation under the management of the occupants of the dwelling.

(b)

For R-3 and R-4 districts, not more than five rooms with not more than four persons per room may be offered for transient guests for compensation under the management of the occupants of the dwelling.

(c)

The primary use of the home shall remain as a residence.

(d)

The parking requirements of section 35.2-62 et seq. of this ordinance.

(e)

The operator of the facility must obtain a business license.

Public utilities and services (see LBCS Codes 4120, 4130 and 4300 et seq.), excluding City-owned utilities that are permitted by conditional use permit in residential or business districts shall meet the following conditions:

(a)

General.

1.

Public utility and transportation uses allowed by conditional use permit in residential or commercial districts shall not include any of the following: Power generating plants; incinerators; non-local area telephone and telegraph dial or repeater stations; public transit or railroad car barns, garages, yards, or shops; construction of building materials yards, service truck dispatching, or storage; or uses not enumerated below.

2.

The architecture and landscaping shall be designed so that the uses blend harmoniously with other development in the area.

3.

All such uses shall conform to the performance standards applicable to I-1 districts.

4.

Appropriate conditions and safeguards may be prescribed to minimize adverse effects on the character of the surrounding area, including requirements for soundproofing, for the construction of fences, barriers, or other safety devices, for surfacing of all access roads and driveways, for shielding of floodlights, or other artificial illumination or for landscaping or screening.

(b)

Public service establishment. In all districts, the City Council may permit electric or gas utility substations, limited in each case to a site of not more than 10,000 square feet; water or sewage pumping stations; or telephone exchanges or other communications equipment structures; provided, that the following findings are made:

1.

That there are serious difficulties in locating the use in a district where it is permitted as of right that make it necessary to locate such use within the proposed district.

2.

In the case of electric or gas utility substations or water or sewage pumping stations, that the site for such use has a minimum frontage of 50 feet and a minimum lot area of 5,700 square feet.

(c)

Other public utility facilities. In all districts, the City Council may permit as a conditional use public utility stations for oil or gas metering or regulating or terminal facilities located at water crossings for access to electric, gas, or steam lines; provided, that the City Council finds that the proposed location, design and method of operation will not have a detrimental effect on the privacy and quiet of the neighborhood and the safety of its inhabitants.

(d)

Public transit, railroad or electric utility substations. In all residential or commercial districts, the City Council may permit as a conditional use electric utility substations (including transformers, switches, or auxiliary apparatus) or public transit or railroad electric substations, limited in each case to a site of not more than 40,000 square feet, and in the case of electric utility substations to a site of not less than 10,000 square feet, provided that the following findings are made:

1.

That such use will serve either the community within which it is proposed to be located and that there are serious difficulties in locating such use in a nearby district where it is permitted as of right.

2.

In the case of public transit or railroad electric substations, that the site for such use has a minimum frontage of 50 feet and a minimum lot area of 5,700 square feet.

(e)

Non-local area substations. The City Council may permit as a conditional use public transit, railroad, or utility electric substations which will serve a larger area than the residential community within which it is proposed to be located or the residential community immediately adjacent; provided, that the other findings enumerated in this section are made and provided that the site is not less than 40,000 square feet nor more than ten acres.

(f)

Overhead electric power and energy transmission lines. Except for facilities under the exclusive jurisdiction of the State Corporation Commission (see 15.2-2232 and 56-46.1 of the Code of Virginia), in all residential and commercial districts, the City Council may permit as a conditional use overhead electric power and energy transmission lines suspended from multi-legged structures; provided, that the following findings are made:

1.

That the proposed use does not adversely affect the Comprehensive Plan for the physical development of the district as embodied in this ordinance and in any master plan or portion thereof adopted by the City Council.

2.

That the proposed use will not adversely affect the health and safety of residents or workers in the area.

3.

That the proposed use at the location selected is necessary for the public convenience and service.

4.

That structures will be so located on the zoning lot that their minimum distance from any lot line will equal the maximum height of the structure above ground level.

5.

The power lines or structures will not interfere with existing or planned air traffic.

6.

That in the balancing of the equities between such convenience and service and any detriment to adjacent properties or the general neighborhood, such overhead line should be permitted at the location selected.

(g)

In making the findings in paragraph (f), the fact that heavy storms occasionally cause overhead power lines to break and fall to the ground, causing vulnerability to electrocution and interference with circulation shall be considered. Location of overhead power lines should therefore be evaluated in terms of avoiding proximity of the line to schools, hospitals, fire-fighting equipment, police stations, employment centers, airports, pedestrian ways, major highways or streets, and other land uses to which a fallen power line would cause a special hazard or interference with an essential service.

All mobile food vehicles providing retail sales of food (food trucks, food trailers or food carts) shall comply with the regulations of this section. These regulations do not apply to "meals on wheels" program vehicles, ice cream trucks or food home delivery services.

(a)

Districts Where Allowed.

1.

Mobile food trucks and trailers for retail sales of food shall be limited to the B-3, B-4, B-5, IN-2, I-1, and I-2 districts.

2.

Mobile food carts for retail sales of food shall be limited to the B-1, B-3, B-4, B-5, IN-1 and IN-2 districts. Food carts shall not be self-propelled or exceed four feet in width by ten feet in length or eight feet in height.

(b)

Location Criteria.

1.

Food trucks, trailers and carts shall be located a minimum distance of 15 feet from the edge of any driveway, utility box or vaults, handicapped ramp, building entrance, exit or emergency access/exit, emergency call box or fire hydrant.

2.

Food trucks, trailers and carts shall not be located within any area of the lot or parcel that impedes, endangers, or interferes with pedestrian or vehicular traffic.

3.

Food trucks, trailers and carts shall not occupy any parking spaces required to fulfill the minimum requirements of the principal use, unless the principal use's hours of operation do not coincide with those of the food truck business. Nor shall any retail sales - food truck occupy parking spaces that may be leased to another business and used to fulfill its minimum parking requirements.

4.

Food trucks, trailers and carts shall not occupy or limit access to any handicap accessible parking space.

(c)

Mobile Food Vehicle Operations.

1.

No freestanding signage or audio amplification shall be permitted as part of the mobile food vehicle operations.

2.

No mobile food vehicle operations shall make or cause to be made any unreasonable or excessive noise in violation of City's Code.

3.

No mobile food vehicle shall use flashing or moving lights as part of its operation.

4.

Outside of business hours, the vehicle shall not be stored on the site of its operations.

5.

When open for business, the food truck, trailer or cart operator, or his or her designee, must be present at all times, except in cases of an emergency.

6.

The food truck, trailer or cart vendor is responsible for the proper disposal of waste and trash associated with the operation. City trash receptacles are not to be used for this purpose. Vendors shall remove all waste and trash from their approved location at the end of each day or as needed to maintain the health and safety of the public. The vendor shall keep all areas of the permitted lot free and clean of grease, trash, paper, cups, cans or other materials associated with the vending operation. No liquid waste or grease is to be disposed in tree pits, storm drains or onto the sidewalks, streets, or other public space. Under no circumstances shall grease be released or disposed of in the City's sanitary sewer system.

7.

All equipment required for the operation shall be contained within, attached to or within 20 feet of the food truck, trailer or cart. All food preparation, storage, and sales-distribution shall be in compliance with all applicable City, State and Federal Health Department sanitary regulations.

(d)

Authorization.

1.

A City business license shall be obtained by the vendor prior to operations of a mobile food vehicle and shall be renewed annually.

2.

The application shall include a sketch showing the footprint of the mobile food vehicle and all related dining or food service appurtenances.

3.

Application approval does not grant or entitle the exclusive use of a location to the mobile food vehicle applicant.

4.

The business license application shall include authorization from the property owner for any lot or parcel proposed to accommodate a mobile food vehicle.

5.

Prior to issuance of the business license, the vendor shall provide evidence of all necessary permits authorizing the preparation and sales of food within the City of Lynchburg.

6.

If at any time evidence is provided that the lot or parcel is being used other than in compliance with these regulations, the property owner may be cited for violation of this zoning ordinance.

7.

Copies of the business license and all applicable permits shall be kept in the food truck, trailer or cart at all times.

(Ord. No. O-21-009, 2-9-21)

Editor's note— Ord. No. O-21-009, adopted Feb. 9, 2021, repealed the former §§ 35.2-73—35.2-73.20, and enacted new §§ 35.2-73—§§ 35.2-73.26 as set out herein. The former § 35.2-73 et seq. pertained to telecommunications towers.

The purpose and intent of this chapter is to create and implement regulations and requirements for the placement, construction, modification, and removal of wireless support structures, wireless facilities, and base stations in order to protect the health, safety, and welfare of the public, while at the same time not unreasonably interfering with the development of a competitive wireless telecommunications marketplace in the City. Specifically, the purposes of this chapter are:

(a)

To facilitate the provision of wireless telecommunications services to the residents and businesses of the City in an orderly fashion;

(b)

To recognize and acknowledge that wireless telecommunications facilities, including their support structures and related equipment, have become a necessary part of today's personal and commercial communications networks;

(c)

To regulate the location of wireless support structures, wireless facilities, and base stations in the City;

(d)

To protect residential, commercial, and industrial areas and land uses from any significant potential adverse impact that may result from the establishment and operation of wireless support structures, wireless facilities and base stations;

(e)

To implement the provisions of the City's Comprehensive Plan with respect to the establishment of wireless support structures, wireless facilities, and base stations in the City;

(f)

To minimize, when possible, the adverse visual impact of wireless support structures, wireless facilities, and base stations through careful design, siting, landscaping, and innovative camouflaging techniques to enhance the ability of such, support structures, facilities, and base stations to be compatible with residential, commercial, and industrial uses;

(g)

To promote and encourage the co-location on and around wireless support structures of multiple wireless facilities and base stations in order to reduce, when possible, the need for additional such structures and facilities;

(h)

To promote and encourage the location of wireless support structures, wireless facilities, and base stations in commercial and industrial areas, rather than residential areas;

(i)

To ensure that wireless support structures, wireless facilities, and base stations are compatible with other land uses in the vicinity;

(j)

To allow wireless support structures, wireless facilities, and base stations as a matter of right, where appropriate, and with minimal administrative requirements when the size, design, and location of such support structures, facilities, and base stations does not result in any significant adverse impacts to other uses or any significant adverse impact to the property values of nearby properties;

(k)

To provide greater scrutiny of requests for wireless support structures, wireless facilities, and base stations when their size, design, and location may result in greater impacts on surrounding land uses and property values in order to assure that adverse impacts of such structures, facilities, and base stations and any adverse impact on the values of nearby properties are mitigated and minimized;

(l)

To encourage the providers of wireless telecommunications services to utilize smaller wireless support structures, wireless facilities, and base stations in order to reduce the overall impact of any single wireless support structure or facility on the surrounding area;

(m)

To reduce the need for larger and taller wireless support structures, wireless facilities, and base stations through the encouragement of co-location on any new structures as well as the installation, where feasible, of such facilities onto existing structures;

(n)

To avoid potential damage to the use and enjoyment of property caused by wireless support structures, wireless facilities, and base stations by ensuring that such structures, facilities, and stations are soundly, safely, and carefully designed; constructed, modified, and maintained, and, when no longer structurally sound, removed; and

(o)

To require the removal of wireless support structures, wireless facilities, and base stations that are no longer used to support wireless facilities and no longer retain any other legitimate purposes.

(Ord. No. O-21-009, 2-9-21)

As used in this Ordinance, unless the context requires a different meaning:

Administrative review-eligible project means a project that provides for:

(1)

The installation or construction of a new structure that is not more than 50 feet above ground level, provided that the structure with attached wireless facilities is (i) not more than ten feet above the tallest existing utility pole located within 500 feet of the new structure within the same public right-of-way or within the existing line of utility poles; (ii) not located within the boundaries of a local, state, or federal historic district; (iii) not located inside the jurisdictional boundaries of a locality having expended a total amount equal to or greater than 35 percent of its general fund operating revenue, as shown in the most recent comprehensive annual financial report, on undergrounding projects since 1980; and (iv) designed to support small cell facilities; or

(2)

The co-location on any existing structure of a wireless facility that is not a small cell facility;

(3)

The term "administrative review-eligible project" shall include eligible facilities requests as that term is defined by federal law in 47 Code of Federal Regulations 1.6100.

Antenna means communications equipment that transmits or receives electromagnetic radio signals used in the provision of any type of wireless communications services.

Base station means a station that includes a structure that currently supports or houses an antenna, transceiver, coaxial cables, power cables, or associated equipment at a specific site that is authorized to communicate with mobile stations, generally consisting of radio transceivers, antennas, coaxial cables, power supplies, and other associated electronics.

City means the City of Lynchburg, Virginia.

Co-locate means to install, mount, maintain, modify, operate, or replace a wireless facility on, under, within, or adjacent to a base station, building, existing structure, utility pole, or wireless support structure. "Co-location" has a corresponding meaning.

Department means the Virginia Department of Transportation.

Existing structure means any structure that is installed or approved for installation at the time a wireless services provider or wireless infrastructure provider provides notice to the City or the Department of an agreement with the owner of the structure to co-locate equipment on that structure. "Existing structure" includes any structure that is currently supporting, designed to support, or capable of supporting the attachment of wireless facilities, including towers, buildings, utility poles, light poles, flag poles, signs, and water towers.

Micro-wireless facility means a small cell facility that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height and that has an exterior antenna, if any, not longer than 11 inches.

New structure means a wireless support structure that has not been installed or constructed, or approved for installation or construction, at the time a wireless services provider or wireless infrastructure provider applies to the City for any required zoning approval.

New wireless support structure has the same meaning as "new structure."

Project means (i) the installation or construction by a wireless services provider or wireless infrastructure provider of a new structure, or (ii) the co-location on any existing structure of a wireless facility that is not a small cell facility. "Project" does not include the installation of a small cell facility by a wireless services provider or wireless infrastructure provider on an existing structure to which the provisions of Code Virginia § 15.2-2316.4 apply.

Small cell facility means a wireless facility that meets both of the following qualifications:

(1)

Each antenna is located inside an enclosure of no more than six cubic feet in volume, or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six cubic feet; and

(2)

All other wireless equipment associated with the facility has a cumulative volume of no more than 28 cubic feet, or such higher limit as is established by the Federal Communications Commission.

The following types of associated equipment are not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation boxes, back-up power systems, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.

Standard process project means any project that is not an administrative review-eligible project.

Utility pole means a structure owned, operated, or owned and operated by a public utility, local government, or the Commonwealth that is designed specifically for and used to carry lines, cables, or wires for communications, cable television, or electricity.

Water tower means a water storage tank, or a standpipe or an elevated tank situated on a support structure, originally constructed for use as a reservoir or facility to store or deliver water.

Wireless facility means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including (i) equipment associated with wireless services, such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services, such as microwave backhaul, and (ii) radio transceivers, antennas, coaxial, or fiber optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.

Wireless infrastructure provider means any person that builds or installs transmission equipment, wireless facilities, or wireless support structures, but that is not a wireless services provider.

Wireless services means (i) "personal wireless services as defined in 47 U.S.C. § 332(C)(7)(i); "personal wireless service facilities" as defined in 47 U.S.C. § 332(C)(7)(ii); including commercial mobile services as defined in 47 U.S.C. § 332(d), provided to personal mobile communications devices through wireless facilities, and (iii) any other fixed or mobile wireless service, using licensed or unlicensed spectrum, provided using wireless facilities.

Wireless services provider means a provider of wireless services.

Wireless support structure means a freestanding structure, such as a monopole, tower, either guyed or self-supporting, or suitable existing structure or alternative structure designed to support or is capable of supporting wireless facilities. "Wireless support structure" does not include any telephone or electrical utility pole or any tower used for the distribution or transmission of electrical service.

(Ord. No. O-21-009, 2-9-21)

The provisions of this chapter shall apply to all land within the jurisdictional boundaries of the City of Lynchburg, provided, however, that the provisions of this chapter shall not apply to any small cell facility within the City's right-of-way or on any City-owned property. Small cell facilities within the City's right-of-way or on any City-owned property are regulated by Sections 35-28, 35-28.1, 35-28.2, 35-28.3, 35-28.4, 35-28.5, 35-28.6, and 35-28.7 of the City Code.

(Ord. No. O-21-009, 2-9-21)

(a)

Review of applications for small cell facilities. No conditional use permit or its equivalent shall be required in the City for a small cell facility to be installed on an existing structure if a wireless services provider or wireless infrastructure provider has: (1) permission from the owner to co-locate equipment on that structure; and (2) has notified the City that such permission exists. A permit for the installation of a small cell facility shall be required before a small cell facility may be installed on an existing structure.

(b)

Application requirements for small cell facilities. Applications filed by a wireless services provider or wireless infrastructure provider for administrative review of a small cell facility on an existing structure shall include the following:

(1)

A valid electronic mail address for the applicant.

(2)

Written proof that the owner of the existing structure has given the applicant consent to install the small cell facility as proposed.

(3)

The name, address, telephone number, and electronic mail address of the applicant. If the applicant is not the owner of the parcel(s) of land on which the wireless support structure, wireless facility, and/or base station is proposed to be located, then the applicant shall provide written consent of the owner, and the name, address, telephone number, and the electronic mail address of the owner.

(4)

The valuation map number and address of the parcel of land on which the wireless support structure, wireless facility, and/or base station is proposed to be located.

(5)

A plan, drawn to scale, depicting the location and elevation of any small cell facility that is the subject of the application, with engineering drawings showing the actual size of the small cell facility and each component thereof, from which the City can reasonably determine whether the proposed facility meets the definition of a small cell facility.

(6)

Drawings showing where and how the small cell facility is proposed to be attached to the existing structure.

(7)

Written, technical evidence from a radio frequency engineer that the proposed facilities meet the standards set forth in this Ordinance, including, but not limited to, the requirements set forth in § 35.2-73.13 (Interference With Public Safety Radio Services) and will not materially interfere with other pre-existing communications facilities or with future communications facilities that have already been designed and planned for a specific location or that have been reserved for future public safety communications facilities.

(8)

Evidence relating to any other factors the applicant believes are relevant to the City's consideration of whether the applicant's proposed small cell facility should be approved.

(9)

Payment of an application processing fee of $100.00 each for up to five small cell facilities on a permit application, and payment of a fee of $50.00 for each additional small cell facility on that permit application.

(c)

Multiple requests on a single application for small cell facilities. Applications filed by a wireless services provider or wireless infrastructure provider for a small cell facility to be co-located on an existing structure may include multiple such permit requests on a single application.

(d)

Notification of incomplete application for small cell facilities. If an incomplete initial or resubmitted application is filed for a small cell facility to be installed on an existing structure, then the City shall notify the applicant by electronic mail that the application is incomplete and shall specify any missing information and documents in accordance with the following:

(1)

for an initial application, the City shall notify the applicant by electronic mail within ten calendar days after receipt of a valid electronic mail address and the application that the application is incomplete and shall specify in that notification any missing information and documents; otherwise, the application shall be deemed complete; and

(2)

for a resubmitted application for a small cell facility to be installed on an existing structure, the City shall notify the applicant by electronic mail within ten calendar days after the application is resubmitted whether the application is incomplete and shall specify in that notification any missing information and documents; otherwise, the application shall be deemed complete.

(e)

Deadline for approval or disapproval of small cell facilities. The City shall approve or disapprove any application filed by a wireless services provider or wireless infrastructure provider proposing a small cell facility to be installed on an existing structure in accordance with the following:

(1)

Any such application shall be approved or disapproved in writing within 60 calendar days after receipt of the complete application;

(2)

If the applicant files an incomplete initial or resubmitted application and the City notifies the applicant of its incompleteness in accordance with the applicable timeframes set forth in subsection (d) above (Notification of Incomplete Application for Small Cell Facilities), then the time within which the City must approve or disapprove such an initial application shall be tolled for the period from the date of the submission of the initial incomplete application to the date on which the applicant files a complete application;

(3)

If the applicant files an incomplete resubmitted application, the time within which the City must approve or disapprove a resubmitted application shall also be tolled for the period from the date of submission of the resubmitted incomplete;

(4)

Application to the date on which the applicant resubmits a complete application;

(5)

The initial 60 calendar-day period for the City to approve or disapprove an application for a small cell facility proposed to be installed on an existing structure may be extended by the City in writing for a period not to exceed an additional 30 days;

(6)

Any such application for a small cell facility proposed to be installed on an existing structure shall be deemed approved if the City fails to act within the timeframes set forth in this section;

(7)

Any disapproval of an application for a small cell facility on an existing structure shall be in writing and accompanied by an explanation for the disapproval; and approval of a permit for any such small cell facility application shall not be unreasonably conditioned, withheld, or delayed.

(f)

Grounds for disapproval of small cell facilities. The City may disapprove an application filed by a wireless services provider or wireless infrastructure provider proposing the installation of a small cell facility on an existing structure for any of the following reasons:

(1)

Material potential interference with other pre-existing communications facilities or with future communications facilities that have already been designed and planned for a specific location or that have been reserved for future public safety communications facilities;

(2)

The safety of the public or other critical public service needs;

(3)

Only in the case of an installation on or in publicly owned or publicly controlled property, excluding privately owned structures where the applicant has an agreement for attachment to the structure, aesthetic impact or the absence of all required approvals from all departments, authorities, and agencies with jurisdiction over such property;

(4)

Conflict with a City ordinance adopted pursuant to § 15.2-2306, or pursuant to local charter on a historic property that is not eligible for the review process established under 54 U.S.C. § 306108.

(g)

Small cell facilities on new structures. Any application for the installation of a small cell facility on a new structure shall require any approval that may be required by this chapter for that new structure as either an administrative review-eligible project or a standard process project.

(Ord. No. O-21-009, 2-9-21)

(a)

Review of administrative review-eligible projects. Administrative review-eligible projects shall not require that a conditional use permit or its equivalent be obtained for the installation or construction of such a project; but administrative review shall be required for the issuance of any zoning approval, or an acknowledgment that zoning approval is not required, for such a project.

(b)

Application requirements for administrative review-eligible projects. Applications for wireless support structures, wireless facilities, and/or base stations that comprise administrative review-eligible projects shall require the following:

(1)

The name, address, telephone number, and electronic mail address of the applicant. If the applicant is not the owner of the land on which the wireless support structure, wireless facility, and/or base station is proposed to be located, then the applicant shall provide written consent of the owner, and the name, address, telephone number, and the electronic mail address of the owner. If the land on which the proposed wireless support structure, wireless facility, or base station is proposed to be located is, in whole or in part, within the City's right-of-way, then the applicant shall be required to secure written consent from the City for the proposed wireless support structure, wireless facility, or base station to be located within the City's right-of-way prior to filing such application and shall include such written consent as part of any such application.

(2)

An affirmative written statement signed by the applicant and the owner that the applicant and the owner are aware of and agree to comply with the provisions of this Zoning Ordinance set forth in Section 35.2-73.24 (Abandonment) regarding removal and dismantlement of all wireless support structures, wireless facilities, base stations, and related equipment in the event such a structure, facility, base station, or related equipment is no longer in use.

(3)

The valuation map number and address of the parcel of land on which the wireless support structure, wireless facility, and/or base station is proposed to be located.

(4)

Written, technical evidence from a radio frequency engineer that the proposed facilities meet the standards set forth in this Ordinance, including, but not limited to, the requirements set forth in Section 35.2-73.13 (Interference With Public Safety Radio Services), and will not materially interfere with other pre-existing communications facilities or with future communications facilities that have already been designed and planned for a specific location or that have been reserved for future public safety communications facilities.

(5)

Written, technical evidence from an electrical engineer that the proposed site of the wireless support structure, wireless facility, and/or base station does not pose a risk of explosion, fire, or other danger due to its proximity to volatile, flammable, explosive, or hazardous materials such as propane, gasoline, natural gas, or corrosive or other dangerous chemicals.

(6)

A site plan, as required by Section 35.2-14.2 (Site Plans) of this Ordinance.

(7)

A map showing the location and height of every utility pole within 500 feet of and within the same public right-of-way or within the existing line of utility poles as the proposed wireless support structure or wireless facility.

(8)

In the case of an administrative review-eligible project proposing a new structure, a detailed explanation of how the proposed new structure is designed to support small cell facilities.

(9)

A copy of any approval granted by a federal agency, including any conditions imposed by that agency, regarding the proposed wireless support structure, wireless facility, and/or base station, provided, however, that this requirement shall not apply to applications for small cell facilities.

(10)

Evidence relating to any other factors the applicant believes are relevant to the City's consideration of whether the applicant's proposed small cell facility should be approved.

(11)

The applicable application fee for the proposed administrative review-eligible project.

(12)

Evidence that the applicant has given written notice to all adjacent landowners regarding the applicant's intent to file the application at least 15 days before the filing of any application to locate a new structure on the subject property.

(c)

Fee Limitations for administrative review-eligible projects. When an application for an administrative review-eligible project is filed, the following provisions shall apply to the fee that must be paid by the applicant:

(1)

The fee must be reasonable.

(2)

The fee charged by the City shall not include direct payment or reimbursement of third-party fees charged on a contingency basis or a result-based arrangement.

(3)

The City shall not charge market-based or value-based fees for the processing of any such application.

(4)

Upon request, the City shall, within a reasonable amount of time after such request, provide the applicant with the cost basis for any fee charged by the City for an administrative review-eligible project.

(d)

Assessment of fees for administrative review-eligible projects. Each application for a wireless support structure, wireless facility, or base station that constitutes an administrative review-eligible project shall be accompanied by payment of a $500.00 fee for the processing of the application

(e)

Processing applications for administrative review-eligible projects. The following provisions set forth the process that shall apply to any application for an administrative review-eligible project:

(1)

Prior to accepting any application for an administrative review-eligible project, the City shall first determine that the application includes the applicant's electronic mail address. In the event the application does not include the applicant's electronic mail address, the City shall not accept it for filing

(2)

If the application is incomplete, but includes an electronic mail address for the applicant, then within ten business days after actual receipt of the application, the City shall accept the application and notify the applicant by electronic mail that the application is incomplete and shall specify any additional information, documents and materials required to complete the application.

(3)

If the application is incomplete and does not include an electronic mail address for the applicant when it was filed, the City shall use reasonable means to contact the applicant and request the applicant's electronic mail address. Within ten days after actual receipt of the applicant's electronic mail address, the City shall notify the applicant by electronic mail that the application is incomplete and shall specify any additional information, documents and materials required to complete the application.

(4)

If an incomplete initial or resubmitted application is filed for an administrative review-eligible project, then the City shall notify the applicant by electronic mail that the application is incomplete and shall specify any missing information and documents and materials in accordance with the following:

a.

For an initial application, the City shall notify the applicant by electronic mail within ten business days after the application is submitted whether the application is incomplete and shall specify in that notification any missing information, documents and materials; otherwise, the application will be deemed complete; and

b.

For a resubmitted application, the City shall notify the applicant by electronic mail within ten days after the application is resubmitted whether the application is incomplete and shall specify in that notification any missing information, documents and materials; otherwise, the application will be deemed complete.

(5)

If the City fails to timely provide the applicant with notice that the initial application or a resubmitted application is incomplete in accordance with the foregoing provisions, as applicable, the application shall be deemed complete.

(6)

Except as provided for in subsection (7) below, the City shall approve or disapprove a complete application in accordance with the following:

a.

For a new structure, within 150 days after receipt of the completed application minus any days that expired from the date of filing of the application to the date any notice of incompleteness was given to the applicant by the City;

b.

For the modification of an existing wireless support structure or base station that involves the co-location of new transmission equipment, the removal of transmission equipment, or the replacement of transmission equipment, but does not substantially change, as that term is defined by federal law, the physical dimensions of such support structure or base station, within 60 days after receipt of the application provided, however, that this period shall be tolled during any time after which the applicant has been informed that the application is not complete and is provided with the grounds for its incompleteness by the City, and when the applicant files all requested information and items necessary to make the application complete;

c.

For the co-location on an existing support structure of any wireless facility that is not a small cell facility and substantially changes, as that term is defined by federal law, the physical dimensions of such support structure or any related base station, within the lesser of 90 days after receipt by the City of the completed application, minus any days that expired from the date of filing of the application to the date any notice of incompleteness was given to the applicant by the City; and

d.

For any wireless facility that is not a small cell facility on a new structure, within the lesser of 150 days after receipt of a completed application, minus any days that expired from the date of filing of the application to the date any notice of incompleteness was given to the applicant by the City.

(7)

Any period specified in subsection 6(a), 6(b), 6(c), or 6(d) above within which the City must approve or disapprove an application may be extended by written agreement of the applicant and the City.

(8)

A complete application for an administrative review-eligible project shall be deemed approved if the City fails to approve or disapprove such application within the applicable period specified in subsection 6(a), 6(b), 6(c), or 6(d) above or within any agreed extension thereof pursuant to subsection 7 above.

(9)

If the City disapproves an application for an administrative review-eligible project:

a.

The City shall provide the applicant with a written statement listing all of the reasons for the disapproval; and

b.

If the City is aware of any modifications to the project as described in the application that if made would permit the City to approve the proposed project, the City shall identify them in the written statement provided under subsection 9(a) above. The City's subsequent disapproval of an application for a project that incorporates the modifications identified in such a written statement may be used by the applicant as evidence that the City's subsequent disapproval was arbitrary or capricious in any appeal of the City's subsequent disapproval.

(10)

If an application for an administrative review-eligible project is disapproved, the City's disapproval shall:

a.

Not unreasonably discriminate between the applicant and other wireless services providers, wireless infrastructure providers, providers of telecommunications services, and other providers of functionally equivalent services; and

b.

Be supported by substantial record evidence contained in a written record publicly released within 30 days following the disapproval.

(f)

Limitations on disapprovals of administrative review-eligible projects. Whenever the City receives, considers, and processes a complete application for an administrative review-eligible project, it shall not disapprove any such application on the basis of:

(1)

The applicant's business decision with respect to its designed service, customer demand, or quality of service to or from a particular site;

(2)

The applicant's specific need for the project, including the applicant's desire to provide additional wireless coverage or capacity; or

(3)

The wireless facility technology selected by the applicant for use at the project.

(g)

Disapproval considerations for administrative review-eligible projects. Nothing in this Ordinance shall be construed to prohibit the City from disapproving an application for an administrative review-eligible project:

(1)

On the basis of the fact that the proposed height of any wireless support structure, wireless facility, or wireless support structure with attached wireless facilities exceeds 50 feet above ground level, provided that the City follows a local ordinance or regulation that does not unreasonably discriminate between the applicant and other wireless services providers, wireless infrastructure providers, providers of telecommunications services, and other providers of functionally equivalent services; or

(2)

That proposes to locate a new structure, or to co-locate a wireless facility in an area where all cable and public utility facilities are required to be placed underground by a date certain or encouraged to be undergrounded as part of a transportation improvement project or rezoning proceeding as set forth in objectives contained in a comprehensive plan, if:

a.

The undergrounding requirement or comprehensive plan objective existed at least three months prior to the submission of the application;

b.

The City allows the co-location of wireless facilities on existing utility poles, government-owned structures with the government's consent, existing wireless support structures, or a building within that area;

c.

The City allows the replacement of existing utility poles and wireless support structures with poles or support structures of the same size or similar within that area; and

d.

The disapproval of the application does not unreasonably discriminate between the applicant and other wireless services providers, wireless infrastructure providers, providers of telecommunications services, and other providers of functionally equivalent services, and other providers of functionally equivalent services.

(h)

Disapproval limitation if administrative review-eligible project does not substantially change physical dimensions. The City may not deny, and shall approve, within 60 days, any administrative review-eligible project which requests any modification of an existing base station or wireless support structure that does not substantially change, as that term is defined by federal law, the physical dimensions of such support structure or base station and that involves the co-location of new transmission equipment, the removal of transmission equipment, or the replacement of transmission equipment.

(i)

Disapproval allowed if written notice not provided to adjacent property owners. The City may disapprove an application for an administrative review-eligible project if the applicant has not given written notice to all adjacent property owners at least 15 days before the applicant applies to locate a new structure on the subject property.

(Ord. No. O-21-009, 2-9-21)

(a)

Review of standard process projects. Standard process projects may require the approval of a conditional use permit and/or a site plan for the installation or construction of such a project, and City staff review may also be required for the issuance of any zoning permit, or an acknowledgment that zoning approval is not required, for a standard process project.

(b)

Application requirements for standard process projects. Applications for wireless support structures, wireless facilities, and/or base stations that constitute standard process projects shall include the following:

(1)

The name, address, telephone number, and electronic mail address of the applicant. If the applicant is not the owner of the land on which the wireless support structure, wireless facility, and/or base station is proposed to be located, then the applicant shall provide written consent of the owner, and the name, address, telephone number, and the electronic mail address of the owner. If the land on which the proposed wireless support structure, wireless facility, or base station is proposed to be located is, in whole or in part, within the City's right-of-way, then the applicant shall be required to secure written consent from the City for the proposed wireless support structure, wireless facility, or base station to be located within the City's right-of-way prior to filing such application and shall include such written consent as part of any such application.

(2)

An affirmative written statement signed by the applicant and the owner that the applicant and the owner are aware of and agree to comply with the provisions of this Zoning Ordinance set forth in Section 35.2-73.24 (Abandonment) regarding removal and dismantlement of all wireless support structures, wireless facilities, base stations, and related equipment in the event such a structure, facility, base station, or related equipment is no longer in use.

(3)

The valuation map number and address of the parcel of land on which the wireless support structure, wireless facility, and/or base station is proposed to be located.

(4)

The names, addresses, and telephone numbers of the owners of and a map showing the location and height of all wireless support structures or potential wireless support structures taller than 50 feet that are within a one-mile radius of the proposed new site for a wireless support structure, wireless facility, and/or base station, including City-owned property.

(5)

Written documentation that the applicant has made diligent, but unsuccessful, efforts to secure the permission to co-locate the applicant's proposed wireless facility on an existing or proposed wireless support structure owned by others, including the City, within a one-mile radius of the proposed wireless support structure, wireless facility, and/or base station.

(6)

Written, technical evidence from a radio frequency engineer that the proposed wireless support structure, wireless facility, base station, or project cannot be installed or co-located on another existing or proposed wireless support structure within a one-mile radius of the proposed site for a wireless support structure, wireless facility, or base station and must be located at the proposed site in order to meet the coverage requirements for applicant's wireless telecommunications system.

(7)

Written, technical evidence from a structural engineer that the proposed wireless support structure can support the wireless facilities and base stations of other carriers for the purposes of co-location.

(8)

Written, technical evidence from a radio frequency engineer that the proposed facilities meet the standards set forth in this Ordinance, including, but not limited to, the requirements set forth in Section 35.2-73.13 (Interference With Public Safety Radio Services), and will not materially interfere with other pre-existing communications facilities or with future communications facilities that have already been designed and planned for a specific location or that have been reserved for future public safety communications facilities.

(9)

Written, technical evidence from an electrical engineer that the proposed site of the wireless support structure, wireless facility, and/or base station does not pose a risk of explosion, fire, or other danger due to its proximity to volatile, flammable, explosive, or hazardous materials such as propane, gasoline, natural gas, or corrosive or other dangerous chemicals

(10)

A map of the City and the first half-mile of all bordering communities showing the design of the applicant's entire existing or proposed telecommunications network. Such map shall, at a minimum, indicate the general location of all proposed or existing sites of the applicant's wireless support structures, wireless facilities, base stations, and related equipment, the dimensions of the sites, specifications relating to the facilities, and signal area coverage.

(11)

Color photo simulations showing the proposed site of the proposed wireless support structure, wireless facility, base station, or project with a photo-realistic representation of the proposed structure and facility as they would appear viewed from at least four substantially different vantage points on the eight closest residential properties or adjacent roadways.

(12)

Any initial application fee required by Section 35.2-73.6(d) (Fees for Standard Process Projects).

(13)

A site plan, including a depiction of the lot lines, setbacks, existing structures and other improvements on the property, the location of adjacent and nearby structures, the proposed location of the proposed wireless support structure, wireless facility, and base station that are the subject of the application, separation distances, proposed height of any new structure, screening and landscaping, existing and proposed, access, parking, security, zoning district(s) for the subject property and all adjacent properties, and any floodplain on the subject property.

(14)

A copy of any approval granted by a federal agency, including any conditions imposed by that agency, regarding the proposed wireless support structure, wireless facility, and/or base station.

(15)

Evidence relating to any other factors the applicant believes are relevant to the City's consideration of whether the applicant's proposed standard process project should be approved.

(16)

Written documentation regarding whether and how the location of the proposed wireless support structure and/or wireless facility in relation to existing structures, trees, and other visual buffers, minimizes, to the greatest extent reasonably practicable under the circumstances, any significant negative adverse impact.

(17)

Witten documentation regarding whether and how the location of the wireless support structure and/or wireless facility will not have a significant detrimental impact on the property values of adjacent and nearby properties.

(18)

Written documentation regarding any other factors the applicant believes are relevant to the City's consideration of whether the applicant's proposed standard process project should be approved.

(19)

Evidence that the applicant has given written notice to all adjacent landowners regarding the applicant's intent to file the application at least 15 days before the filing of any application to locate a new structure on the subject property

(c)

Fee limitations for standard process projects. When an application for a standard process project is filed, the following provisions shall apply to the fee that must be paid by the applicant:

(1)

The fee must be reasonable.

(2)

The fee charged by the City shall not include direct payment or reimbursement of third-party fees charged on a contingency basis or a result-based arrangement.

(3)

The fee charged by the City shall not exceed the actual direct costs to process the application, including permits and inspection.

(4)

The City shall not charge market-based or value-based fees for the processing of any such application.

(5)

Upon request, the City shall, within a reasonable amount of time after such request, provide the applicant with the cost basis for any fee charged by the City for a standard process project.

(d)

Fees for standard process projects. Each application for a wireless support structure, wireless facility, or base station that constitutes a standard process project shall be accompanied by payment of the following fees for the processing of the application:

(1)

For an application for a standard process project that requires the approval of a conditional use permit and a site plan, the initial fee shall be $900.00.

(2)

For an application for a standard process project that requires the approval of a site plan, but not a conditional use permit, the initial fee shall be $500.00.

(3)

The City reserves the right to employ an outside consultant to assist in the review of any application for a standard process project. In the event the City employs an outside consultant to review an application for a standard process project, the applicant shall reimburse the City for the reasonable expenses related to such review as an additional application fee, provided, however, that the fee limitations set forth in Section 35.2-73.6(c) (Fee Limitations for Standard Process Projects) shall apply to the calculation of any such additional fee.

(4)

For any standard process project that requires the approval of a conditional use permit, the applicant shall be responsible for the payment of any costs for any legal notices that may be required for the conditional use permit.

(e)

Processing applications for standard process projects. The following provisions set forth the process that shall apply to any application for a standard process project:

(1)

Prior to accepting any application for a wireless support structure, a wireless facility, or a base station, that constitutes a standard process project, the City shall first determine that the application includes the applicant's electronic mail address. In the event the application does not include the applicant's electronic mail address, the City shall not accept it for filing

(2)

If the application is incomplete, but includes an electronic mail address for the applicant, then within ten business days after actual receipt of the application, the City shall notify the applicant by electronic mail if the application is incomplete and shall specify in that notification any additional information, documents, and materials required to complete the application.

(3)

If the application is incomplete and does not include a valid electronic mail address for the applicant when it was filed, the City shall use reasonable means to contact the applicant and request the applicant's valid electronic mail address. Within ten days after actual receipt of a valid electronic mail address for the applicant, the City shall notify the applicant by electronic mail that the application is incomplete and shall specify any additional information, documents, and materials required to complete the application.

(4)

If an incomplete initial or resubmitted application is filed for a standard process project, then the City shall notify the applicant by electronic mail that the application is incomplete and shall specify any missing information, documents, and materials in accordance with the following:

a.

For an initial application, the City shall notify the applicant by electronic mail within ten business days after the application is submitted whether the application is incomplete and shall specify in that notification any missing information, documents, and materials; otherwise, the application will be deemed complete; and

b.

For a resubmitted application, the City shall notify the applicant by electronic mail within ten days after the application is resubmitted whether the application is incomplete and shall specify in that notification any missing information, documents and materials; otherwise, the application will be deemed complete.

(5)

If the City fails to timely provide the applicant with notice that the initial application or a resubmitted application is incomplete in accordance with the foregoing provisions, as applicable, the application shall be deemed complete.

(6)

Except as provided for in subsection (7) below, the City shall approve or disapprove a complete application for a standard process project in accordance with the following:

(7)

Any period specified in subsection 6(a), 6(b), 6(c), or 6(d) above within which the City must approve or disapprove an application may be extended by written agreement of the applicant and the City.

(8)

A complete application for a standard process project shall be deemed approved if the City fails to approve or disapprove such application within the applicable period specified in subsection (6)a., (6)b., (6)c., or (6)d. above or any agreed extension thereof pursuant to subsection (7) above.

(9)

If the City disapproves an application for a standard process project:

a.

The City shall provide the applicant with a written statement listing all of the reasons for the disapproval; and

b.

If the City is aware of any modifications to the project as described in the application that if made would permit the City to approve the proposed project, the City shall identify them in the written statement provided under subsection 6(a) above. The City's subsequent disapproval of an application for a project that incorporates the modifications identified in such a written statement may be used by the applicant as evidence that the City's subsequent disapproval was arbitrary or capricious in any appeal of the City's subsequent disapproval.

(10)

If an application for a standard process project is disapproved, the City's disapproval shall:

a.

Not unreasonably discriminate between the applicant and other wireless services providers, wireless infrastructure providers, providers of telecommunications services, and other providers of functionally equivalent services; and.

b.

Be supported by substantial record evidence contained in a written record publicly released within 30 days following the disapproval.

(f)

Limitations on disapprovals of standard process projects. Whenever the City receives, considers, and processes a complete application for a standard process project, it shall not disapprove any such application on the basis of:

(1)

The applicant's business decision with respect to its designed service, customer demand, or quality of service to or from a particular site;

(2)

The applicant's specific need for the project, including the applicant's desire to provide additional wireless coverage or capacity; or

(3)

The wireless facility technology selected by the applicant for use at the project.

(g)

Disapproval considerations for standard process projects. Nothing in this Ordinance shall be construed to prohibit the City from disapproving an application for a standard process project:

(1)

On the basis of the fact that the proposed height of any wireless support structure, wireless facility, or wireless support structure with attached wireless facilities exceeds 50 feet above ground level, provided that the City follows a local ordinance or regulation that does not unreasonably discriminate between the applicant and other wireless services providers, wireless infrastructure providers, providers of telecommunications services, and other providers of functionally equivalent services; or

(2)

That proposes to locate a new structure, or to co-locate a wireless facility in an area where all cable and public utility facilities are required to be placed underground by a date certain or encouraged to be undergrounded as part of a transportation improvement project or rezoning proceeding as set forth in objectives contained in a comprehensive plan, if:

a.

The undergrounding requirement or comprehensive plan objective existed at least three months prior to the submission of the application;

b.

The City allows the co-location of wireless facilities on existing utility poles, government-owned structures with the government's consent, existing wireless support structures, or a building within that area;

c.

The City allows the replacement of existing utility poles and wireless support structures with poles or support structures of the same size or similar within that area; and

d.

The disapproval of the application does not unreasonably discriminate between the applicant and other wireless services providers, wireless infrastructure providers, providers of telecommunications services, and other providers of functionally equivalent services, and other providers of functionally equivalent services.

(h)

Disapproval limitation if standard process project does not substantially change physical dimensions. The City may not deny, and shall approve, within 60 days, any standard process project which requests any modification of an existing base station or wireless support structure that does not substantially change, as that term is defined by federal law, the physical dimensions of such support structure or base station and that involves the co-location of new transmission equipment, the removal of transmission equipment, or the replacement of transmission equipment.

(i)

Disapproval allowed if written notice not provided to adjacent property owners. The City may disapprove an application for a standard process project if the applicant has not given written notice to all adjacent property owners at least 15 days before the applicant applies to locate a new structure on the subject property.

(Ord. No. O-21-009, 2-9-21)

(a)

The following uses shall be permitted by right as follows:

(1)

Small cell facilities in all zoning districts.

(2)

Administrative review-eligible projects in all zoning districts.

(3)

Any wireless support structure and/or wireless facility that does not exceed 100 feet in height in the B-1 District.

(4)

Any wireless support structure and/or wireless facility that does not exceed 150 feet in height in the B-3, B-5, IN-2, I-1, I-2, or I-3 Districts.

(5)

Any base station associated with a lawfully existing wireless support structure and/or wireless facility, provided, however, that:

a.

The base station shall be located inside the wireless support structure; or

b.

The base station shall be located on the ground within 50 feet of the base of the wireless support structure; or

c.

The base station is not visible at ground level from off-site; and

d.

The size of the base station shall not exceed 72 cubic feet in size and/or six feet in height; and

e.

All applicable setbacks shall be complied with.

(6)

The co-location of a wireless facility on a lawfully existing wireless support structure in any zoning district, provided, however, that:

a.

The height of any such wireless support structure, wireless facility, or wireless support structure with wireless facility attached, shall not increase as a result of the co-location; and

b.

All applicable setbacks must be complied with.

(b)

Existing wireless support structures and wireless facilities shall be exempt from the maximum height restrictions of the districts in which they are located to the extent such structures and facilities lawfully existed on the date of adoption of this Ordinance.

(Ord. No. O-21-009, 2-9-21)

(a)

The following uses require the approval of a conditional use permit by the City Council:

(1)

In the R-C, R-1, R-2, R-3, R-4, IN-1, or B-4 Districts, any standard process project that is between 50 and 150 feet in height, provided, however, that no new wireless support structure and/or wireless facility in such districts shall exceed 150 feet in height;

(2)

In the B-1 District, any standard process project in which a new wireless support structure and/or wireless facility exceeds 100 feet in height; provided, however, that the maximum height for any wireless facility and/or wireless support structure in the B-1 District shall be 150 feet;

(3)

In the B-3, B-5, IN-2, I-1, I-2, or I-3 Districts, any standard process project in which a new wireless support structure and/or wireless facility exceeds 150 feet in height;

(4)

Any base station that is a standard process project and exceeds 72 cubic feet above ground and/or six feet in height;

(5)

Any base station associated with a lawfully existing wireless support structure and/or wireless facility that is a standard process project, is not located inside the wireless support structure, is visible at ground level from off-site, and/or is not located within 50 feet of the base of the wireless support structure;

(6)

The co-location of a wireless facility on a lawfully existing wireless support structure in any zoning district that, after the proposed co-location, would result in an increase in height of the wireless support structure and/or wireless facility, provided, however, that no such structure and/or facility shall be allowed to increase more than 15 feet in height as a result of the approval of such a conditional use permit; and

(7)

Any other project that constitutes a standard process project.

(b)

Whenever a conditional use permit is required for a proposed wireless structure or wireless facility, any application for such a conditional use permit shall be made to the City Planner in the manner provided in Article 2 of this Zoning Ordinance. In districts for which a conditional use permit is required, the City Council shall make its decision to approve or deny such permit in writing and in a manner consistent with applicable state and federal law.

(c)

Any wireless support structure, wireless facility, or base station that is not permitted by right or upon the approval of a conditional use permit under this Ordinance shall be considered to be in violation of this Ordinance.

(d)

No new wireless support structure and/or wireless facility for which a conditional use permit is approved shall exceed a maximum height of 150 feet in the R-C, R-1, R-2, R-3, R-4, IN-1, or B-4 Districts.

(Ord. No. O-21-009, 2-9-21)

(a)

There shall be no setback requirement for any wireless support structure and/or wireless facility that is 35 feet or less in height.

(b)

Any wireless support structure and/or wireless facility greater than 35 feet in height in the R-C, R-1, R-2, R-3, R-4, IN-1, or B-4 Districts shall be required to set back a distance from all property lines at least the height of such structure and/or facility.

(c)

Any wireless support structure and/or wireless facility greater than 35 feet in height in the B-1, B-3, B-5, IN-2, I-1, I-2, or I-3 Districts that is on a parcel adjacent to any parcel that is zoned R-C, R-1, R-2, R-3, R-4, IN-1, or B-4 shall be set back a distance at least the height of such structure and/or facility from the R-C, R-1, R-2, R-3, R-4, IN-1, or B-4 District.

(d)

Any wireless support structure and/or wireless facility in the B-1, B-3, B-5, IN-2, I-1, I-2, or I-3 Districts that is greater than 35 feet in height but less than 50 feet in height shall be required to set back a distance from all property lines at least the minimum applicable setback for the district in which it is located.

(e)

Any wireless support structure and/or wireless facility in the B-1, B-3, B-5, IN-2, I-1, I-2, or I-3 Districts that is a height greater than 50 feet shall be required to set back a distance from all property lines at least one-half the height of such structure and/or facility.

(f)

Setback requirements for wireless support structures and/or wireless facilities shall be measured from the base of the structure and/or facility to the property lines of the parcel on which the structure and/or facility is located.

(Ord. No. O-21-009, 2-9-21)

In order to approve a conditional use permit for a standard process project, the City Council must find that the application for such project satisfies all of the following standards:

(1)

The proposed use is in substantial conformance with the provisions of the City's Comprehensive Plan.

(2)

The proposed use will not result in any significant adverse impact on the use and enjoyment of nearby properties.

(3)

The proposed use will not have any significant negative impact on the value of nearby properties.

(4)

The proposed use will not cause any material potential interference with other pre-existing communications facilities or with future communications facilities that have already been planned or designed for a specific location or that have been reserved for future public safety communications facilities.

(5)

The proposed use will not result in any significant adverse impact on public safety or other critical public service needs.

(6)

The proposed use must be compatible with the character of the area in which it is proposed to be located.

(7)

There are no existing wireless support structures within a reasonable distance from the proposed wireless support structure, wireless facility, and/or base station that are available to be used for co-location at reasonable terms and conditions without imposing technical limitations on the applicant.

(8)

The proposed use shall not conflict with any City ordinance adopted pursuant to Code of Virginia § 15.2-2306, or pursuant to local charter on a historic property that is not eligible for the review process established under 54 U.S.C. § 306108.

(9)

The proposed use satisfies all other applicable requirements set forth in this chapter with respect to the location, size, design, and construction of wireless support structures, wireless facilities, and base stations.

(Ord. No. O-21-009, 2-9-21)

The City may authorize the use of City property for wireless facilities in appropriately zoned districts in accordance with the procedures of the City charter and code. The City shall have no obligation whatsoever to allow the use of City property for such purposes and any such approval by the City shall be subject to the discretion of the City Council.

(Ord. No. O-21-009, 2-9-21)

An application for a standard process project may be disapproved by the City on the basis of the availability of the existence of one or more wireless support structures within a reasonable distance that could be used for co-location at reasonable terms and conditions without imposing technical limitations on the applicant.

(Ord. No. O-21-009, 2-9-21)

In order to ensure that the City's public safety radio services will be free from harmful or destructive interference, all applicants requesting a permit to establish or install a wireless support structure or wireless facility shall:

(a)

Demonstrate compliance with good engineering practices;

(b)

Not cause material potential interference to the City's existing public safety radio services or to future communications facilities that have already been designed and planned for a specific location or that have been reserved for future public safety communications facilities; and

(c)

Comply with all FCC regulations regarding susceptibility to radio frequency interference, frequency coordination requirements, general technical standards for power, antenna bandwidth limitations, frequency stability, transmitter measurements, operating requirements, and any and all other federal statutory and regulatory requirements relating to radio frequency interference (RFI), provided, however, that this subparagraph (c) shall not apply to applications for small cell facilities.

(Ord. No. O-21-009, 2-9-21)

All wireless support structures and wireless facilities must be designed and certified by a structural engineer licensed in the Commonwealth of Virginia to be structurally sound and, at a minimum, in conformance with the Virginia Uniform Statewide Building Code and any other applicable standards set forth in this chapter.

(Ord. No. O-21-009, 2-9-21)

Measurement of the height of a wireless support structure for the purpose of determining compliance with all requirements of this chapter shall include the wireless support structure itself and any wireless facilities associated with the wireless support structure, and any other support features installed thereon which extend over the top of the structure itself. Structure height shall be measured from grade.

(Ord. No. O-21-009, 2-9-21)

Wireless support structures whose principal use is the facilitation of wireless telecommunications shall not be artificially lighted except as may be required by the FAA.

(Ord. No. O-21-009, 2-9-21)

Wireless support structures and wireless facilities not requiring painting or marking by the FAA shall be painted a neutral color. A galvanized finish is considered a neutral color.

(Ord. No. O-21-009, 2-9-21)

All landscaping on parcels containing wireless support structures, wireless facilities, and/or base stations shall be designed to screen the structure, facilities, base station, and related equipment to a height of at least six feet from grade. This requirement may be waived at the discretion of the planning division if the base of the structure, facilities, base station, and related equipment to be screened is not located in and is not visible from any commercial or residential district or from any public street. All required landscaping shall be continually maintained in a healthy and attractive manner.

(Ord. No. O-21-009, 2-9-21)

All wireless support structures and wireless facilities shall be reasonably posted and secured to prevent against trespass.

(Ord. No. O-21-009, 2-9-21)

All parcels upon which wireless support structures are located must provide access during normal business hours to at least one paved vehicular parking space on site.

(Ord. No. O-21-009, 2-9-21)

(a)

The owners and operators of all wireless support structures, wireless facilities, base stations, and related equipment shall at all times employ ordinary and reasonable care in maintaining such structures, facilities, base stations, and equipment and shall install and maintain in use nothing less than commonly accepted methods and devices for the prevention of failures and accidents which are likely to cause damage, injuries, or nuisances to the public, provided, however, that no zoning approval of the City shall be required for routine maintenance of any existing wireless support structure or wireless facility.

(b)

The owners and operators of all wireless support structures, wireless facilities, and base stations shall at all times employ ordinary and reasonable care and shall install and maintain such wireless support structures, wireless facilities, base stations, and equipment in substantial compliance with the requirements of the national electric safety code and all federal, state, and local regulations and in such manner that will not interfere with the use and enjoyment of other property.

(c)

All wireless support structures, wireless facilities, base stations, and related equipment shall at all times be kept and maintained in good condition, order, and repair so that the same shall not menace or endanger the life or property of any person.

(d)

All wireless support structures, wireless facilities, base stations, and related equipment shall be maintained in compliance with any applicable radio frequency emission standards of the FCC.

(e)

In the event the use of any wireless support structure, wireless facility, base station, and related equipment is discontinued by the owner or operator thereof, or in the event the owner or operator thereof files notice with the FCC or any other federal agency of its interest in ceasing to operate any wireless support structure, wireless facility, base station, and related equipment, said owner or operator shall, within 30 days, provide written notice to the City of its intent to discontinue such use and the date when such use shall be discontinued. If the facility in question, or any part thereof, is located within the City's right-of-way, then the owner or operator shall submit the foregoing written notice to the Department of Public Works. If the facility in question, or any part thereof, is located outside the City's right-of-way, then the owner or operator shall submit the foregoing written notice to the Department of Community Development.

(Ord. No. O-21-009, 2-9-21)

The City encourages, but does not require, the installation of small cell facilities and administrative review-eligible projects that employ stealth designs and blend into the environments in which they are proposed to be located. All standard process projects proposing wireless support structures and wireless facilities shall be of stealth design. For purposes of this section, the term "stealth design" refers to a wireless support structure and wireless facility that is designed in such a way as to effectively blend into the environment in which that structure is proposed to be located. Examples of stealth designs include, but are not limited to, a wireless support structure in a wooded area that is designed to look like a tree, a wireless facility that is encased in a flagpole, a wireless support structure on a church property that is designed to look like a bell tower or church steeple, and a wireless support structure in an agricultural area that is designed to look like a farm silo.

(Ord. No. O-21-009, 2-9-21)

(a)

An existing wireless support structure may be modified or demolished and rebuilt to accommodate the co-location of additional wireless facilities and base stations as follows:

(1)

Application for a permit for any wireless facility or base station, other than a small cell facility, located, in whole or in part, within the City's right-of-way shall be made to the Department of Public Works.

(2)

Application for a permit for any wireless facility or base station located, in whole or in part, outside the City's right-of-way shall be made to the Department of Community Development.

(3)

The total height of the new or modified wireless support structure and any wireless facilities installed thereon shall not exceed the height of the existing wireless support structure or the maximum height allowed for wireless support structures permitted by right in the applicable zoning district under this ordinance whichever is greater.

(b)

The City may not deny and shall approve any request to modify the physical dimensions of an existing wireless tower or base station if that request does not substantially increase the physical dimensions of such tower or base station and involves:

(1)

co-location of new transmission equipment;

(2)

removal of transmission equipment; or

(3)

replacement of transmission equipment.

(Ord. No. O-21-009, 2-9-21)

If the City receives notice pursuant to § 35.2-73.21(E), or if any wireless support structure, wireless facility, base station, and/or related equipment shall cease to be used for a period of 180 consecutive days, then for wireless support structures, wireless facilities, base stations and/or related equipment inside the City's right-of-way, the Department of Public Works shall notify the owner and/or operator of such structure, facility, base station, and related equipment, with a copy to the applicant therefor, that the site will be subject to a determination by the Department of Public Works that such site has been abandoned. In the event such structure, facility, base station, and related equipment is located outside the City's right-of-way, then the foregoing notification and determination shall be made by the Department of Community Development. The owner, operator, and/or applicant shall have 30 days from receipt of said notice to show, by a preponderance of the evidence, that the support structure, wireless facility, base station, and/or related equipment has been in use or under repair during the period. If the owner, operator, and/or applicant fails to show that the support structure, wireless facility, base station, and/or related equipment has been in use or under repair during the period, the Department of Public Works, or Department of Community Development, whichever applies, shall issue a final determination of abandonment for the site. Upon issuance of the City's final determination, the owner, operator, and/or applicant shall, within 75 days, dismantle and remove the support structure, wireless facility, base station, and related equipment. If the owner, operator, and/or applicant fails to remove the abandoned support structure, wireless facility, base station, and related equipment within 75 days after the City's final determination of abandonment, the City and/or its agents may, at its option, enter upon the property and dismantle, remove, and lawfully dispose of the support structure, wireless facility, base station, and related equipment that has been determined by the City to have been abandoned. The City may place a lien on the property of the owner from which the abandoned support structure, wireless facility, base station, or related equipment was removed in the amount of the City's expenses in dismantling, removing, and lawfully disposing of such support structure, wireless facility, base station, and related equipment. The City also may recover from the owner, operator, and/or applicant the costs of dismantling, removing, and lawfully disposing of the support structure, wireless facility, base station, and related equipment from the owner. For purposes of this section, removal includes all physical improvements associated with the support structure, wireless facility, base station, and related equipment, including foundation and tower grounding.

(Ord. No. O-21-009, 2-9-21)

(a)

Voluntary conditions allowed. Nothing in this Ordinance shall prohibit an applicant from voluntarily submitting, and the City from accepting, any conditions that otherwise address potential visual or aesthetic effects resulting from the placement of any new structure or wireless facility, including small cell facility.

(b)

Micro-wireless facilities exemption. Nothing in this Ordinance shall be construed to require any permitting requirements and fees imposed by the City for the installation, placement, maintenance, or replacement of micro-wireless facilities that are suspended on cables or lines that are strung between existing utility poles in compliance with national safety codes, because the installation, placement, maintenance, or replacement of such facilities are exempt from any City-imposed permitting requirements and fees.

(c)

Limitations on review of administrative review-eligible projects and standard process projects. Whenever the City receives, considers, and processes an application for an administrative review-eligible project or a standard process project, it shall not:

(1)

Discriminate or create a preference on the basis of the ownership by the City, of any property, structure, base station, or wireless support structure when promulgating rules or procedures for siting wireless facilities or for evaluating applications;

(2)

Impose any unreasonable requirements or obligations regarding the presentation or appearance of a project, including unreasonable requirements relating to (i) the kinds of materials used or (ii) the arranging, screening, or landscaping of wireless facilities or wireless structures;

(3)

Impose any requirement that an applicant purchase, subscribe to, use, or employ facilities, networks, or services owned, provided, or operated by the City, in whole or in part, by the City or by any other entity in which the City has a competitive, economic, financial, governance, or other interest;

(4)

Condition or require the approval of an application solely on the basis of the applicant's agreement to allow any wireless facilities provided or operated, in whole or in part, by the City, or by any other entity, to be placed at or co-located with the applicant's project;

(5)

Impose a setback or fall zone requirement for a project that is larger than a setback or fall zone area that is imposed on other types of similar structures of a similar size, including utility poles;

(6)

Limit the duration of the approval of an application, except the City may require that construction of the approved project shall commence within two years after final approval and be diligently pursued to completion; and

(7)

Require an applicant to perform services unrelated to the project described in the application, including restoration work on any surface not disturbed by the applicant's project.

(d)

Nothing in this chapter shall prohibit the City from disapproving an application submitted under a standard process project on the basis of availability of existing wireless support structures within a reasonable distance that could be used for co-location at reasonable terms and conditions without imposing technical limitations on the applicant.

(e)

No zoning approval shall be required for (i) routine maintenance or (ii) the replacement of wireless facilities or wireless support structures within a six-foot perimeter with wireless facilities or wireless support structures that are substantially similar or smaller; provided, however, that the City may require a permit to work within the right-of-way for the activities described in clause (i) or (ii), if applicable.

(f)

Nothing in this chapter shall prohibit the City from limiting the number of new structures or the number of wireless facilities that can be installed in a specific location.

(g)

Nothing in this chapter shall be construed to require an applicant to provide proprietary, confidential, or other business information to justify the need for a project, including propagation maps and telecommunications traffic studies, or information reviewed by a federal agency as part of the approval process for the same structure and wireless facility

(h)

All information submitted with an application that is a trade secret or proprietary shall be clearly marked as such when submitted to the City. The City shall not disclose publicly, or to any third party, any such proprietary information unless compelled to do so by federal, state, or local law.

(Ord. No. O-21-009, 2-9-21)

The City reserves the right to impose any other reasonable conditions it determines are necessary for the proper placement, construction, or modification of wireless support structures, wireless facilities, or base stations and/or to impose any other reasonable conditions on the issuance of a conditional use permit for the placement or construction of, or modification to, a wireless support structure, wireless facility, or base station, provided, however, that the imposition of any such conditions must be in conformance with federal and state law and the provisions of this chapter.

(Ord. No. O-21-009, 2-9-21)