Rappahannock County Unincorporated
City Zoning Code

Achieve the most efficient provision of wireless service and utilization of facilities possible.

Foster competition with minimum duplication of facilities and the attendant extra cost to service providers, co-users, the County and the consumer.

Minimize adverse effects on the community and the land.

To locate and design facilities so they will have the minimum adverse impact on public safety.

To encourage the use of existing facilities rather than the construction of new facilities.

To encourage the joint use of new and existing facilities.

To locate facilities in areas, and in such a manner, as to minimize their adverse impact on the creation of a convenient, attractive and harmonious community, and on property values, tourism, agricultural and forestal lands, and the existing use and character of land;

To evaluate facilities as part of a comprehensive plan to provide wireless communications and avoid the piecemeal construction of redundant facilities.

To maintain accurate information on the location, use and responsible entity for all wireless telecommunications facilities in Rappahannock County.

As allowed by this article.

Antennas and their support structures for over-the-air television reception.

Satellite dishes for personal use.

Noncommercial amateur radio antennas and antenna support structures, not to exceed 50 feet in height.

Antennas affixed to vehicles.

Citizen-band antennas and antenna support structures not to exceed 50 feet in height.

Such antennas, antenna support structures and related communications facilities or structures as are legally in place as of the effective date of this article, provided that, to the extent such facilities are in violation of the provisions of this article, they shall constitute nonconforming uses and/or structures.

Hand-held devices for receiving or transmitting electromagnetic signals, including personal wireless telephones, pagers and walkie-talkies.

GPS receivers.

Radio transmitting and receiving devices, including televisions, and their related antennas, located in or on motor vehicles.

Transmissions through wires or fiber optic cables.

The impact of all proposed facilities on public health, safety and welfare, including danger from structural failure, electrical shock and unauthorized access, as well as benefits to public safety organizations, provision of communications in times of natural disaster and the provision of health-related and emergency services.

Whether the application maximizes the use of existing facilities.

Whether the application promotes the joint use of proposed and existing facilities.

The impact of the proposed facilities on the creation of a convenient, attractive and harmonious community and on property values, tourism, agricultural and forestal lands and the existing use and character of land.

Whether the applicant has provided a comprehensive plan to provide wireless communications and avoid the piecemeal construction of redundant facilities.

Whether the applicant proposes to take reasonable steps to minimize the visual impact of facilities.

Whether the application is in proper form and complete.

Whether the applicant has demonstrated it is, or will be, in compliance with all performance standards set forth in this article.

Whether the applicant has demonstrated it is responsible, has honored its commitments to other jurisdictions with respect to the permitting, construction, operation, maintenance and removal of its facilities and has the ability to perform and comply with all terms and conditions applicable to the use permit it seeks.

Acceptance of the use permit by the permit holder shall constitute its agreement to pay all court costs, expenses, legal and expert's fees incurred by the County to enforce the terms of this article or the use permit or any state or federal law applicable to the permitted facilities. This provision shall apply whether the enforcement is necessary against the permit holder or against a co-user whose use of facilities derives from the use permit issued to the permit holder.

As a condition of every personal wireless services facilities use permit, the permit holder agrees to defend, indemnify and hold harmless the County of Rappahannock, its officials, agents and employees against any and all judgments, suits, actions, claims, demands, rights of action and causes of action for injury to person or property, including death, which may arise from the use of any facilities or property placed, located or constructed in Rappahannock County pursuant to the personal wireless services facilities use permit. The County may require liability insurance naming the County as an "also insured" in such amount as may reasonably protect the County from potential liability due to any act or omission of the permit holder.

Collocation. A use permit may require the permit holder to allow the collocation of antennas and related equipment owned by other persons or entities on its antenna support structures consistent with federal law and the design parameters of the support structures and may require co-use of any other facilities, including roads and buildings, where practicable. The permit holder shall be entitled to reasonable compensation from such co-user and may not discriminate between co-users, it being the intent of this provision to foster fair competition among service providers, improve efficiency and provide service to the largest feasible number of users.

Public safety use. A use permit may require the permit holder to allow the collocation of antennas and related equipment owned by the County of Rappahannock, the Virginia State Police, the Sheriff of Rappahannock County and any fire company or rescue squad located in Rappahannock County (these organizations are sometimes referred to as "public safety organizations"), on its antenna support structures consistent with federal law and the design parameters of the support structures, and may require co-use of any other facilities, including roads and buildings, where practicable. For the purposes of this subsection, facilities placed by any of the enumerated entities are not limited to personal wireless services facilities but may be any type of wireless facilities.

Bonding. The County shall require as a condition of the issuance of a use permit the posting of a bond, cash or irrevocable letter of credit in sufficient amount and with sufficient sureties to ensure the performance of the permit holder's obligations under the use permit and this article. Such bond shall be of sufficient amount to pay for the removal of all personal wireless services facilities when so required either under this article or the use permit. This bond may be used by the County to pay, or to reimburse itself, for the cost to remove facilities at any time facilities removal is provided for under this article, or the use permit, and the permit holder does not perform the removal itself within any time period specified. Cost of removal shall include the cost of disposing of the facilities. The County shall be under no obligation to attempt to sell or salvage any of the facilities. If the bond is insufficient to cover the removal cost, the permit holder shall be liable to the County for the difference. The permit holder is also liable to the County for any legal fees or court costs necessary to enforce the bond and/or to satisfy any deficiency.

The County, upon reasonable notice to the permit holder, shall have the right to inspect any facilities for compliance with use permit conditions and this article.

Annual report. Every use permit holder shall submit a report to the Zoning Administrator by no later than July 1 of each year:

If facilities require periodic inspection by the FCC, the results of such inspections, including any violation notices, will be filed with the County upon receipt by the permit holder.

A personal wireless services facilities use permit is not assignable except:

A transfer fee of $300 shall be paid by the person or entity seeking the transfer. Upon receiving a request to transfer a use permit, the Zoning Administrator shall require any parts of the original use permit application which are no longer accurate to be corrected and shall review compliance with use permit conditions and this article. Any transfer shall be conditioned upon any deficiencies being satisfied. If the applicant for transfer satisfies the foregoing, the use permit shall be transferred to the applicant, who shall then be the permit holder. An applicant may request that only part of the facilities be transferred to it, in which case the use permit shall so reflect; provided that the Zoning Administrator shall not be required to approve such a partial transfer until provision is made for the removal or use of facilities not included under the use permit as transferred. The transfer contemplated by this subsection shall not act to relieve the original permit holder from obligations imposed on it by the use permit or this article upon which it was required to act as of the time of transfer of the use permit. Specifically, no transfer shall relieve the original permit holder from the requirement to remove facilities no longer in use and not transferred to the new permit holder, nor relieve it from payment of any sums due the County, nor cause the release or discharge of any bond; provided that the Board may release the original permit holder from such requirements if they are assumed by the new permit holder, or some other person, in a manner satisfactory to the Board.

Will enhance the provision of services by public safety organizations.

Will eliminate or reduce the need for additional or more offensive facilities.

Will enhance a County-wide plan for the provision of wireless service.

Is consistent with the existing use of the property and the surrounding area.

For each Category 4 facility: $2,000;

For each Category 1, 2, or 3 facility: $1,500;

For each Category 5 facility: $50.

The name, address and telephone number of the applicant and their agent in Virginia. If the applicant is other than a natural person, the name, address and telephone number of a contact person. The applicant shall become the permit holder upon issuance of the use permit.

A description of all facilities being requested, their function and location. The same information shall be submitted as to any facilities planned by the applicant for location in Rappahannock County, or an adjacent County if the facilities may serve Rappahannock County, within the following four years.

The number and type of antennas to be placed on any antenna support structure, whether by the applicant or a co-user, their frequency, range, dimensions, proposed location on the antenna support structure and radiated power. A topographical signal propagation map shall be provided for each antenna. A map shall be provided showing the estimated true effective service area of each antenna taking into account the transmission range of the mobile cellular telephones which may attempt to use the antenna. The co-use capabilities of each antenna support structure shall be provided.

A map and statement showing how the proposed facilities fit into and complement a comprehensive plan to provide cellular telephone service, taking into account all other facilities of the applicant, or to which the applicant has, or may acquire, co-use rights, in Rappahannock County and all adjoining counties, whether the facilities are existing or planned within the next four years.

Copies of all necessary permits and licenses required by the federal government for the construction and operation of the personal wireless services facilities requested. No person or entity may receive a personal wireless services use permit unless they either hold a valid FCC license to construct and operated the requested facilities, or they have an irrevocable written contract with an entity which holds such a license which commits the license holder to use the requested facilities to provide personal wireless services in Rappahannock County; provided, if such material is, in the opinion of the Zoning Administrator, too voluminous, the applicant may submit only such portions as are necessary in light of the facilities requested. If any such license or permit is renewable, the applicant shall state the time of renewal and the time any public comment period begins with the FCC relative to such renewal. If the applicant is required by federal law to file an environmental assessment with the FCC, a copy of the assessment shall be filed with the application. The applicant shall state the time of any comment period on the environmental assessment.

Proof that the facilities requested fall within the definition of personal wireless services facilities.

A list of the location and type of all other antenna support structures owned or operated by the applicant in Virginia, to a maximum of five, and the names, telephone numbers and addresses of any authorities from which the applicant has obtained permits to construct and/or operate such structures. If the applicant has ever been notified by any governmental entity that it was in violation of any permit, law or condition, the applicant shall provide a copy of such notice and explain the resolution thereof. The applicant may additionally, at its option, provide the names of other governmental entities as references to the fulfillment of the conditions of its prior permits.

If the applicant is a corporation, LLC or partnership, proof of authority to do business in Virginia, and the name and address of any registered agent. If the applicant is a closely held corporation, LLC or a partnership, then the names and addresses of all persons who have an ownership interest. This information must be kept current throughout the term of the use permit. If the applicant is required to record a fictitious name certificate, a copy of same shall be filed with the application.

Written permission from the property owner(s) permitting the personal wireless services facilities to be located on the land shown on the site plan and providing access thereto and, if requested by the County, copies of all deeds, leases, options, rights-of-way or other agreements permitting the personal wireless services facilities to be located on the land shown on the site plan and providing access thereto; provided that the applicant may excise references to price, rent or other financial terms.

Copies of any lease, option or other agreement with any other individual or entity allowing the use or co-use of any of the facilities covered by the application, provided that the applicant may excise references to price, rent or other financial terms. If any such individual or entity will be using the facilities, or any part thereof, for a purpose which requires a federal license or permit, or authority to do business in Virginia, then such individuals or entities shall provide proof of same. The same information shall be immediately submitted if any written leases, options or agreements concerning the proposed facilities are entered into while the application is pending or while the use permit is in effect.

The applicant shall state whether any of the facilities it is requesting are a public utility facility or public service corporation facility within the meaning of § 15.2-2232 of the Code of Virginia.

The applicant shall demonstrate that its proposed activities meet all FCC standards for noninterference with out-of-band services. The applicant may comply with this provision by filing a statement signed by a registered professional engineer, dated no more than 30 days before the filing of the application, which certifies that he/she has reviewed the specifications for all signal transmitting equipment which the applicant proposes to use in Rappahannock County and that equipment meets all FCC standards.

If the applicant plans to use a generator or other audible equipment in connection with any of its facilities, it shall specify the steps proposed to abate noise pollution into nearby residences.

The applicant shall demonstrate that it has taken appropriate measures to secure its facilities against unauthorized access and to be alerted if an unauthorized access is attempted. A photograph or other visual depiction of any fence to be used shall be submitted with the site plan.

The applicant shall demonstrate that there are no delinquent real estate taxes on any land on which facilities will be located.

He/she has authority to do so on behalf of the applicant and to bind the applicant and any co-users specified in the application to all conditions of the personal wireless services facilities use permit, provided that the County may require appropriate corporate resolutions or other assurances from an applicant if deemed necessary to ensure compliance with permit conditions.

The applicant has reviewed the Rappahannock County Zoning Ordinance and understands its obligations hereunder.

The applicant has provided a copy of this article to all persons or entities who intend to use the facilities or who own land on which facilities will be located.

The applicant may amend its application at any time prior to the public hearing before the Board for the following purposes:

If any amendment, in the opinion of the Board, substantially changes the application from that which was advertised for public hearing before the Board, such as to request different, additional, larger or expanded facilities or facilities which may have a more negative impact on any of the goals and standards of this article than what was advertised, the Board shall either refer the amended application back to the Planning Commission for its recommendation or table the application. If the application is referred to the Planning Commission, it shall proceed with notice and hearing requirements as on an original application, as shall the Board upon receiving the recommendation of the Planning Commission; provided that the mailing of notice shall be required only to property owners within a one-mile radius of any antenna support structures which were added to the application or the height of which were increased by the amendment, unless the Board determines that because of the extent of the amendment the mailing should also include some or all of the property owners notified at the time of the original application.

If the application is tabled, the Board shall readvertise the amended application to give notice in accordance with § 15.2-2204 of the Code of Virginia prior to holding a public hearing, provided that the mailing of notice shall be required only to property owners within a one-mile radius of any antenna support structures which were added to the application by the amendment or the height of which were increased by the amendment, unless the Board determines that because of the extent of the amendment the mailing should also include some or all of the property owners notified at the time of the original application. The Board shall undertake to hold the public hearing at its next regular monthly meeting after all notice/advertisement requirements of law can be met or on such later date as the applicant and Board agree.

Any delay attributable to the amendment shall be deemed to be at the applicant's request. Any additional advertising or other costs shall be paid by the applicant. The applicant shall also be responsible for the cost of any technical review necessitated by the amendment.

The name, address and telephone number of the applicant and of a contact person who can answer questions.

That the applicant is requesting from the County a permit to construct and place certain wireless communications facilities at a specified location(s) in Rappahannock County. The applicant shall specify the locations of any antenna support structures by reference to bearings and distances from at least two public road intersections, and the name of the property owner(s) on whose property the antenna support structures are to be located.

A description of the facilities being proposed, including roads, and the height and nature of any structures, including antenna support structures.

The date, time and place of any public hearings on the application.

That comments on the application may be made in person at any public hearing or in writing to the applicant or the Zoning Administrator. All such written comments received shall be made a part of the record at the public hearing next following their receipt.

That a complete copy of the application is on file for review at the office of the Zoning Administrator and at a place designated by the applicant, and the hours during which it may be reviewed.

That the application may be amended by the applicant at any time before the public hearing by the Board. If the amendment, in the opinion of the Board, substantially changes the application from that which was advertised for public hearing, such as to request different, additional, larger or expanded facilities, or facilities which may have a more negative impact on any of the goals, policies and standards of the Telecommunications Ordinance than what was advertised, the Board may either refer the amended application back to the Planning Commission for public hearing and its recommendation, to be then returned to the Board for readvertisement and public hearing prior to any action by the Board; or it may table the application and readvertise the amended application for public hearing by the Board. In either event, you may not receive further notice by mail, but any additional public hearings will be advertised in the Rappahannock News. Any amended application will be on file in the same manner as the original application.

By applying for a personal wireless services use permit, the applicant agrees that representatives of the County, including members of the Planning Commission and the Board of Supervisors, may come upon any property proposed for construction of facilities in order to make such inspections and measurements as may be reasonably necessary to ensure compliance with this article or to evaluate a permit application. Further, the applicant shall secure the permission of any property owners for the same purpose, if necessary. Upon request of the applicant, such entry shall be made at prearranged times.

By accepting a personal wireless services use permit, the applicant agrees that representatives of the County may come upon any property approved for the construction of facilities in order to make such inspections and measurements as may be reasonably necessary to ensure compliance with, and to enforce, this article. Further, the applicant shall secure the permission of any property owners for the same purpose, if necessary. Upon request of the applicant, such entry shall be made at prearranged times, except in cases of emergency.

The noncompliance;

The action necessary to remedy the noncompliance; and

The date by which remediation must occur, which date may be no sooner than 60 days from date of posting of the notice; provided that, if the noncompliance creates an imminent danger to person or property, the remediation must occur within 7 days of posting.

The service to be provided by the requested facilities may not be met by existing or planned facilities, or an upgrade thereto, or by the use of planned or existing facilities on which it may collocate. This provision shall apply to facilities in Rappahannock County or any adjacent County.

The reasons for selecting the particular site as the location of the proposed facilities.

Personal wireless services facilities shall not be located within a one-hundred-year floodplain nor shall their construction cause significant changes in surface features, such as wetland fills, deforestation or water diversion.

All buildings shall comply with the setbacks applicable to the zoning district in which they are located.

The proposed facilities shall be as compatible as possible with development in the vicinity with regards to the setting, color, topography, materials and architecture. In addition, the facilities should be located in the interior of the property, and areas of existing vegetation shall be used to screen the facilities.

All Category 4 antenna support structures shall be designed to accommodate at least three co-users unless the applicant can demonstrate:

The applicant shall identify the conditions under which future collocation by other service providers is permitted.

All antenna support structures shall meet the requirements of ANSI/EIA-222-F or any subsequent successor to this standard.

This provision is intended to provide for the public safety in the event of antenna support structure collapse, and from falling ice and/or attachments. If the facilities include an antenna support structure in excess of 50 feet in height, other than a building, there shall be established for any such antenna support structure a circle, the center of which coincides with the antenna support structure, and the radius of which is equal to 110% of the height of the antenna support structure. This circle shall be known as the "antenna support structure setback" ("setback"). All facilities or structures located, or planned to be located, within the setback shall be shown on the site plan. The property owner may erect additional structures, or modify existing structures, within the setback at his/her own risk. Nothing shall prevent agricultural and farming operations in the setback. It is not necessary that the applicant lease or acquire the property within the setback, but the setback shall be completely contained within the property of the property owner, and shall not extend onto property of any third party.

Any buildings which are part of the facilities shall not contain more than 260 square feet of total gross floor area; provided that the approving authority may allow such additional floor area as is necessary to accommodate the equipment of any co-user of the facilities. All co-users shall use the same building unless they can demonstrate the necessity of separate buildings for equipment placement or unless, in the opinion of the Board, separate buildings are more appropriate to achieve the goals, standards and purposes of this article. All such buildings shall meet the setback standards for the zoning district in which they are to be located. Structures shall not exceed 12 feet in height. The building shall be of a material or color which matches the exterior of any surrounding buildings or structures. All buildings shall have a roof with a pitch of no less than 4 to 12. Applicants are encouraged to place all equipment underground, in which case none of the provisions of this subsection shall apply.

Facilities shall be landscaped with a mix of hedge and trees to screen structures from adjacent properties and public roads. The standard buffer should consist of an area 10 feet in width outside of any fenced area. This requirement may be reduced or waived if the applicant can show sufficient natural buffer. Existing tree growth and natural land forms on site shall be preserved to the maximum extent possible. Existing trees shall not be removed, except as may be necessary to permit construction of the facility, including vehicular access, to protect safety of persons or facilities, or to eliminate degradation of signal transmission and reception. The applicant shall show on the site plan the area in which trees will be removed and which will be landscaped. In lieu of installation of the landscape materials prior to issuance of a use permit, the applicant may post a bond acceptable to the County conditioned upon satisfactory installation of the landscaping proposed on the site plan.

The permit holder shall be responsible for the maintenance, repair and replacement of all required landscape materials, screening, fences, walls and buffering. All plant material shall be tended and maintained in a healthy growing condition, replaced when necessary and kept free of refuse and debris.

No special use permit or special exception permit shall be required. An administrative zoning permit is required.

The facility shall not be located within 1,000 feet of a primary highway.

The facility shall be camouflaged to suit the location and be nonreflective.

Tower lighting is prohibited.

Facilities shall not be located within a 100-year floodplain. Construction of these facilities may not significantly alter existing surface features. Facilities shall not be constructed on wetland fills. Construction of a facility shall not cause water diversion and shall not require significant deforestation.

In lieu of a site plan, the applicant shall submit a scaled plot plan showing the facility location relative to all parcel boundaries. The facility shall be located so its fall zone is contained within the parcel upon which the facility is constructed. The fall zone of the facility shall consist of a radius equal to or greater than 110% of its height as measured horizontally from the base of the facility. A shorter fall zone radius may be approved if there is included in the permit application a notarized statement or statements from the owner(s) of any affected adjacent parcel(s) stating that the owner(s) of the affected adjacent parcel(s) have no objection to a shorter radius fall zone.

Drawings showing the proposed facilities, including the location of all underground wires, cables, conduits, and dimensions of microwave dishes must be provided.

If the tower is not used for public safety or broadband uses for a period of two years, the permittee shall remove all facilities (tower and appurtenances).