The purpose of this section is to regulate the siting, design, and use of wireless facilities and wireless support structures. Due to the unique characteristics or potential impacts of these facilities and structures on the surrounding neighborhood and the county as a whole, wireless facilities and wireless support structures require individual consideration of their design, appearance, and/or configuration at the particular location proposed. Such individual consideration may also call for the imposition of individualized conditions in order to ensure that the facility is appropriate at a particular location. The intent of this section is to:

a)

Accommodate wireless services while minimizing the impact of wireless facility sites on the community.

b)

Minimize the visual impact of wireless facilities on scenic and historical resources of the County and on nearby properties.

c)

Encourage co-location of antennas on towers and/or alternative support structures to reduce tower needs.

d)

Comply with applicable federal, state and local rules and regulations to accommodate the provision of a broad range of wireless services in a safe, effective, and efficient manner.

e)

Encourage economic development of Spotsylvania County to ensure the prosperity of future generations.

f)

Promote the public health, safety, and general welfare of the community.

(Ord. No. 23-182, § 3, 4-25-23)

The following uses are exempt from Article 7A:

a)

Public safety/service radio. County wireless facilities, including any leasing or licensing agreements, are exempt from the requirements of this section but are expected to adhere to the extent reasonably possible to the goals described herein to allow erection of County Emergency Facilities and the leasing of space to Commercial uses on County facilities.

b)

Television reception antennas. Personal High Definition TV (HDTV) towers must meet all federal and state requirements.

c)

State of Emergency towers. Temporary government owned, non-profit, or commercial wireless facilities upon declaration of a state of emergency by federal, state, or local government and subsequent determination of public necessity by the Board of Supervisors or their designated coordinator of emergency management. Erected wireless facilities shall be exempt for up to six (6) months after the duration of the emergency.

d)

Micro-wireless facility suspended on cables. 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 are exempt from County permitting requirements and fees.

e)

Maintenance and replacement. Routine maintenance or the replacement of wireless facilities or wireless support structures within a six (6) foot perimeter with wireless facilities or wireless support structures that are substantially similar or the same size or smaller.

(Ord. No. 23-182, § 3, 4-25-23)

The following permits are available and required for wireless facilities:

a)

All wireless facilities require a special use permit obtained in accordance with the provisions of Sec. 23-7A.3, except as exempted or allowed below with an administrative permit.

b)

An administrative permit will be issued for the following uses:

1.

The installation or construction of a new structure that is not more than fifty (50) feet above ground level provided that the facility is designed to support small cell facilities.

2.

Eligible facilities request as defined in Sec. 23-2.1.4.

3.

Temporary wireless facility as defined in Sec. 23-2.1.4.

c)

Depending on the nature and location of the proposed facility, the following approvals may also be required:

1.

Site plan approval in accordance with Chapter 23 of the County Code for new wireless facilities or base stations.

2.

A building permit in accordance with Chapter 23 and Chapter 5 of the County Code for structural or electrical improvements.

3.

A certificate of appropriateness in accordance with Chapter 23 of the County Code for any proposals located within a Historic Overlay District.

4.

A land-disturbing permit in accordance with Chapter 8 of the County Code for land-disturbing activities.

(Ord. No. 23-182, § 3, 4-25-23)

Prior to filing an application, the applicant is strongly encouraged to meet with County staff at a pre-application meeting to discuss the proposed use and to become more familiar with the applicable requirements and approval procedures of the County.

a)

Prior to submitting an application for a special use permit, the applicant must conduct a balloon test:

1.

The balloon must be a minimum five (5) feet in diameter and be of a highly visible color.

2.

The balloon must be flown or erected by crane or other machine for a minimum of nine (9) hours during daylight hours for two (2) consecutive days at or as close as possible to the location of the proposed wireless facility.

3.

An alternate date must be planned for in the event that the weather is not conducive to a balloon test.

4.

The applicant is responsible for securing any FAA approvals required prior to this demonstration.

5.

The balloon and foreground must be photographed from a minimum of four (4) different perspectives and varying distances in preparation for photographic simulation of the wireless facility, including from neighboring homes, parks, historic areas, and rights-of-way.

b)

The applicant is encouraged to conduct a community meeting following the Spotsylvania County Community Meeting Recommended Guidelines.

(Ord. No. 23-182, § 3, 4-25-23)

The applicant must submit a complete special use permit application package to the Planning and Zoning Department. A complete application package includes the following information and the review fee:

a)

Application for approval of a special use may be filed by any property owner, person, or by any government official specifically authorized to file such application in writing by the owner of the lot on which the use is to be located.

b)

Application for approval of a special use must be filed with the County on a form provided and must contain or be accompanied by such information and plans as required on the form.

c)

The application must be accompanied by a generalized development plan drawn to the size and scale specified on the application form. Preparation of the plan by a licensed architect, engineer, landscape architect, or surveyor is required. The generalized development plan must include the following information unless the submission requirements have been waived or modified by the Director of Planning and Zoning due to the scope and nature of the proposed development:

1.

A title block denoting the type of application, name of project, name of property owner, tax map reference, and street address;

2.

The name, address and phone number of the applicant;

3.

The name, address, phone number, signature, and registration number of the plan preparer, and the preparation date of the plan;

4.

Vicinity map, 1" = 2,000', a north arrow, scale, and scale graphic;

5.

The identification of and distance to all major intersections within one-half mile of the proposed development;

6.

The boundary of the entire parcel with courses and distances;

7.

Any existing and proposed parcel lines, easements, or rights-of-way within the subject parcel;

8.

The present zoning and principal use of the subject parcel and all contiguous properties;

9.

The boundaries of any overlay zoning districts described in Sec. 23-6;

10.

The location and dimensions of all improvements associated with the wireless facility, including the wireless support structure, base station, equipment, utilities, grounding, concealment, breakpoints, setbacks, access, parking, fencing, lighting, and other information deemed necessary to assess the location, siting, and design of the proposal;

11.

The boundaries of any lakes, rivers, streams, ponds, floodplains, resource protection areas, dam break inundation zones, and wetlands;

12.

A generalized landscape plan showing existing vegetation, proposed clearing limits, and indicating the location, and types of vegetation to be installed under the landscaping and requirements of Sec. 23-7A.3.3.(c);

13.

The general location, and material descriptions of all other existing and proposed screens, bufferyards, or landscaping and the security fence required in Sec. 23-7A.3.3.(b);

14.

Topographic contour lines at ten-foot intervals using United States Geologic Survey 7.5 minute quadrangles for the existing site;

15.

Any known historic buildings or features;

16.

Any known places of burial;

17.

Latitude and longitude of the wireless facility denoting whether coordinate description is in decimal degrees, or degrees, minutes, and seconds; and

18.

Signature and seal of professional person certifying the plan.

d)

Photographs of the site from a minimum of four (4) points surrounding the site that include simulated photographic images to scale of the proposed wireless facility showing the visual impact from nearby properties.

1.

The photographic simulations must be aligned with the balloon test and must include a statement describing adjustments for distance between the balloon's tether location and the proposed wireless facility base, if any; and include the foreground, mid-ground, and the background of the site.

2.

A map must be provided indicating the location and distance from the point at which the photograph was taken to the proposed site.

e)

A radio frequency engineer's Letter of Non-interference which attests that the wireless facility will not interfere with the public safety radio system.

f)

Documentation showing other structures evaluated as support structures within a three (3) mile radius of the proposed site.

g)

An engineering report or signed statement by a structural engineer describing the wireless support structure height, design, any breakpoints, and colocation capacity of the proposed wireless facility identifying the number and type of antenna existing, proposed, and which could be accommodated in accordance with the requirements set forth in the latest revision to ANSI tower standards. The report or statement must attest that the wireless facility has sufficient structural integrity to support the wireless facility, existing and proposed antennas, feedlines, and all mounted equipment.

h)

Letter(s) containing Federal approval and or findings related to impacts on environmental and historic resources, and including any conditions of approval.

i)

The attendance sheets, notes, and materials from any community meeting held.

(Ord. No. 23-182, § 3, 4-25-23)

New wireless facilities permitted by special use permit must meet the following general minimum standards:

a)

All wireless facilities must satisfy the minimum zoning district setback requirements for primary structures.

b)

Any wireless facility base station must be enclosed by security fencing not less than six (6) feet in height and must be equipped with an appropriate anti-climbing device.

c)

The landscaping surrounding wireless facilities must be as follows, at a minimum:

1.

A mix of native trees and shrubs planted in a landscaped area at least fifteen (15) feet wide outside the perimeter of the fencing surrounding the wireless facility to screen the view of the facility from surrounding properties and public areas.

2.

Existing mature tree growth and natural landforms must be preserved at a minimum radius depth of 100 feet from the base of the facility except as necessary to accommodate the proposed facility and vehicular access.

d)

Advertising, including the use of logos or other signage, is not permitted on any component of the wireless facility.

e)

Wireless facilities must be designed, installed, and operated so as not to interfere with the County's public safety/service radio system or public safety/service radio systems operated in other jurisdictions. Any entity operating wireless facilities determined to interfere with the County's or another jurisdiction's public safety radio system must take corrective action immediately upon discovery. All wireless facilities must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the federal government with the authority to regulate their operation.

f)

The name and address of a registered agent for each lessee of wireless support structure space must be provided to the Commissioner of Revenue by January 1st of each year.

(Ord. No. 23-182, § 3, 4-25-23)

An application for a wireless facility must be approved or disapproved by the Spotsylvania County Board of Supervisors within 150 days of submission of a complete application, in accordance with Section 332(c)(7) of the Communications Act of 1934 ("Telecommunications Act"), as amended, as interpreted by the Federal Communications Commission's Declaratory Ruling FCC 09-99:

a)

Within ten (10) business days after receiving an incomplete application, the County will notify the applicant if the application is incomplete. The notice will specify any additional information required to complete the application. The notice will be sent by electronic mail to the contact email address provided in the application. If the County fails to provide such notice within such ten (10)-day period, the application will be deemed complete.

b)

Once the application is deemed complete, the County must act on the application within 150 days.

c)

The review period may be extended by mutual agreement in writing between the applicant and the Director of Planning and Zoning or his/her designee.

d)

Following a supplemental submission, the Director of Planning and Zoning or his/her designee will notify the applicant within ten (10) business days if the supplemental submission did not provide the documents and information identified in the original notice delineating missing documents and information. The review period is tolled in the case of second or subsequent notices pursuant to the procedures noted above. Second or subsequent notices of incompleteness cannot specify missing documents or information that were not delineated in the original notice of incompleteness.

e)

A complete application for a project will be deemed approved if the County fails to approve or disapprove the application within 150 days of submission of a complete application or any agreed extension thereof pursuant to Sec. 23-7A.3.3(b).

(Ord. No. 23-182, § 3, 4-25-23)

State Law reference— Zoning; other wireless facilities and wireless support structures, Code of Virginia Sec. 15.2-2316.4:1

a)

Once an application for special use approval is determined to be complete, County staff will schedule the application for a public hearing before the Planning Commission and will review the application and development plan for compliance with the requirements of Sec. 23-7A.

b)

The Director of Planning and Zoning will transmit the application and other information to any state, county, or other government agencies for review and comment as appropriate.

c)

After the application is determined to be complete in accordance with Sec. 23-7A.3.4 and all agency comments have been received in accordance with Sec. 23-7A.3.5(b), County staff will submit a written staff report to the Planning Commission on the proposed special use permit.

(Ord. No. 23-182, § 3, 4-25-23)

The Planning Commission will conduct a public hearing, after giving notice in accordance with Sec. 23-4.2.1, and will submit a written report and recommendation on the proposed special use to the Board of Supervisors no later than sixty (60) days after the public hearing, unless requested sooner by the Board of Supervisors, or as required to comply with Sec. 23-7A.3.4.

(Ord. No. 23-182, § 3, 4-25-23)

(a)

Upon receipt of the report and recommendation of the Planning Commission and the staff report, the Board of Supervisors will conduct a public hearing, after giving notice in accordance with Sec. 23-4.2.1.

(b)

The Board of Supervisors will make a decision upon the application within a time not to exceed 150 days from the date that the application is determined to be complete, unless the applicant requests or consents to action beyond such period or the applicant withdraws the application.

(c)

The Board of Supervisors may:

1.

Approve the special use, with or without conditions, if the Board finds that the proposed use complies with the standards set out in section 23-7A.3.8; or

2.

Disapprove the special use if the Board finds that the proposed use does not comply with the standards set out in Sec. 23-7A.3.8; or

3.

Refer the application back to the Planning Commission for further study and review.

(d)

The Board of Supervisors may attach such conditions to the approval as it deems necessary to have the proposed use meet the standards set forth in Sec, 23-7A.3.8 and to prevent or minimize adverse impacts on other property. Such conditions may be stricter than any requirement or limitation stated elsewhere in this chapter for the proposed use. No minimum standards are waived.

(e)

The Board of Supervisors will give the applicant written notice of its decision and any conditions to which its decision is subject.

(f)

If the Board disapproves an application, it must provide the applicant with a written statement provided under Sec. 23-7A.3.7(e), of the reasons for such disapproval and, if the Board is aware of any modifications to the project as described in the application that if made would permit the Board to approve the proposed project, the Board must identify them in the written statement.

(g)

Any disapproval of an application must 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 must be supported by substantial record evidence contained in a written record publicly released within thirty (30) days following the disapproval.

(Ord. No. 23-182, § 3, 4-25-23)

The Planning Commission will not recommend, nor will the Board of Supervisors approve, the proposed special use unless it satisfies the following standards:

1.

That the proposed use is in accord with the comprehensive plan and other official plans adopted by the County;

2.

That the proposed use or development of the land will be in harmony with the scale, bulk, coverage, density, and character of the area or neighborhood in which it is located;

3.

That the proposed use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof;

4.

That the proposed use will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use;

5.

That the proposed use will not be detrimental to the public welfare or injurious to property or improvements within the neighborhood;

6.

That the proposed use is appropriately located with respect to transportation facilities, water supply, wastewater treatment, fire and police protection, waste disposal, and similar facilities;

7.

That the proposed use will not cause undue traffic congestion or create a traffic hazard; and

8.

That the proposed use will have no unduly adverse impact on environmental or natural resources.

(Ord. No. 23-182, § 3, 4-25-23)

Once a special use is approved, the applicant is then eligible to apply for site plan approval under the provisions of Sec. 23-4.11.

(Ord. No. 23-182, § 3, 4-25-23)

After a special use has been approved, any significant changes to the terms or conditions of approval of the special use will require separate review and approval by the Board of Supervisors. Any application for approval of such a change must be filed, processed, reviewed, and approved or denied in the manner set forth in Sec. 23-7A for an application for special use approval. An application for approval of modifications to the approved site plan for the special use will be filed separately under the provisions of Sec. 23-4.11.

(Ord. No. 23-182, § 3, 4-25-23)

(a)

Special use approval will lapse, and become null and void, where the applicant or a successor-in-interest has failed to establish the use authorized thereby or to commence and diligently pursue the construction authorized thereby within two (2) years after the date of approval of the special use unless otherwise indicated in the special use permit. The Board of Supervisors may grant a one (1) year extension of this time limit, for good cause shown, upon receiving a written request from the applicant at least thirty (30) days before the expiration of the original time limit.

(b)

If at any time after a special use is approved, and the applicant is found to be in violation of any of the conditions to the approval, the standards of this division, or other standards or requirements of Chapter 23, the recipient of the special use approval will be subject to the penalties described in Sec. 23-9, including revocation of the special use approval.

(c)

Special use approval may be revoked by the Board of Supervisors for unremedied or repeated violations of special use conditions or failure to satisfy the requirements of Sec. 23 only after conducting a public hearing and giving written notice in accordance with Sec. 23-4.2.

(Ord. No. 23-182, § 3, 4-25-23)

If a special use is denied, refiling of substantially the same application will not be permitted until one (1) year after the date of the disapproval.

(Ord. No. 23-182, § 3, 4-25-23)

The applicant must submit a complete application package to the County. A complete application includes the following information and the review fee:

a)

A description of the proposed improvements and whether the application is an eligible facilities request.

b)

Latitude and Longitude of the tower or alternative support structure. The applicant must specify whether coordinate description is in decimal degrees or degrees, minutes, and seconds.

c)

A sealed statement by a structural engineer identifying the wireless support structure's height, design, breakpoints, number and type of existing and proposed antenna and how many could be accommodated in accordance with the requirements set forth in the latest revision to ANSI standards. The statement must attest that any alternative structure has sufficient structural integrity to support the tower, existing and proposed antennas, feedlines, and all mounted equipment.

d)

For a new wireless support structure or changes to a base station: Scaled drawings, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning the structure, base station, equipment, utilities, grounding, topography, any concealment, breakpoints, setbacks, drives, parking, fencing, landscaping, lighting, adjacent uses, and other information deemed necessary to assess the location, siting, and design of the proposal.

(Ord. No. 23-182, § 3, 4-25-23)

State Law reference— Application reviews, Code of Virginia Sec. 15.2-2316.4:2.

Administrative permits must be reviewed by the Zoning Administrator in accordance with the following timelines and guidelines:

a)

Within ten (10) business days after receiving an incomplete application, the County will notify the applicant that the application is incomplete. The notice will specify any additional information required to complete the application. The notice will be sent by electronic mail to the applicant's email address provided in the application. If the County fails to provide such notice within such ten (10) day period, the application will be deemed complete.

1.

A complete application to construct a new wireless support structure must be reviewed and approved or disapproved within 150 calendar days.

2.

A complete application for a small cell facility or an eligible facilities request must be reviewed and approved or disapproved within sixty (60) calendar days. The sixty (60) day period may be extended by the County in writing for a period not to exceed an additional thirty (30) days. The application will be deemed approved if the County fails to act within the initial sixty (60) days or an extended thirty (30) day period.

3.

All other complete applications must be reviewed and approved or disapproved within ninety (90) calendar days.

b)

The review period may be tolled by mutual agreement by the Zoning Administrator or his/her designee and the applicant.

c)

Any disapproval of an application will include a written statement of the reasons for such disapproval and if the County is aware of any modifications to the project as described in the application that if made would permit the County to approve the proposed project, the County must identify them in the written statement.

(Ord. No. 23-182, § 3, 4-25-23)

Administrative applications must meet the applicable development standards set forth below.

a)

An administrative application for a new wireless support structure will be approved if the proposed structure meets the following standards.

1.

It must not exceed fifty (50) feet in height, individual zoning district maximum height requirements notwithstanding.

2.

It must be set back from the property line at a distance equal to or greater than the minimum yard required of primary structures in the zoning district of the parcel on which the structure is to be constructed,

3.

Any combination of landscaped vegetative buffers, landscaped earthen berms, or preservation of existing vegetation must be provided around the perimeter of the site of any structure to effectively screen the view of the structure base and any equipment area from surrounding properties, except as necessary to accommodate access. The standard buffer must consist of a mix of native trees and shrubs planted in a landscaped area at least fifteen (15) feet wide outside the perimeter of the equipment area.

4.

No signs are to be placed on the property except those signs required by other applicable law or regulation related to the construction or maintenance of the facility.

b)

An administrative application for a new amateur radio tower will be approved if the proposed radio tower meets the following standards:

1.

The tower must not exceed seventy-five (75) feet in height, individual zoning district maximum height requirements notwithstanding.

2.

The minimum setback must equal or exceed the height of the tower.

3.

The tower must only be located in the rear or side yard of a property.

c)

An administrative application for a new roof mounted base station facility will be approved if the proposed facility meets the following standards:

1.

The facility must not exceed fifteen (15) feet in height, individual zoning district maximum height requirements notwithstanding.

2.

Antennas, equipment, and feedlines must be designed and located to not be readily visible from public rights-of-way or residential units through the use of camouflage or screening including but not limited to paint, parapet walls, cupolas, enclosures or other compatible architectural treatments. Equipment may alternatively be located on the ground in accordance with the requirements for equipment areas, further regulated below.

d)

An administrative application for a new wall mounted base station facility will be approved if the proposed facility meets the following standards:

1.

Only flush mounted panel style or small cell antennas will be permitted.

2.

The top of the antenna must not extend above the uppermost point of the principal structure.

e)

An administrative application for a base station facility on an electrical transmission tower or water tower will be approved if the proposed facility meets the following standards:

1.

The facility must not extend more than fifteen (15) feet above the existing structure, individual zoning district maximum height requirements notwithstanding.

f)

An administrative application for a base station not otherwise covered in Sec. 23-7A.4 will be approved if the proposed facility meets the following standards:

1.

The height of the facility must not exceed the uppermost point of the existing structure.

g)

New colocation on existing approved communication towers or existing base station:

1.

The maximum height increase permitted is 10 percent of the approved height of the communication tower or base station, individual zoning district maximum height requirements notwithstanding.

2.

The addition will not extend more than 20 feet from the tower or base station.

h)

Equipment Areas:

1.

The equipment area must be setback from the property line at a distance equal to or greater than the minimum yard required of primary structures in the zoning district of the parcel on which the equipment area is to be constructed,

2.

Equipment areas must be enclosed by security fencing not less than six (6) feet in height, equipped with an appropriate anti-climbing device.

3.

A required landscape buffer must be maintained at least fifteen (15) feet wide surrounding the equipment area, measured from the exterior security enclosure, exclusive of breaks necessary for access. The buffer must be a mix of native trees and shrubs. The facility owner is responsible for maintaining all landscape plant material in a healthy condition. Dead plants must be removed and replaced in-kind.

4.

Only timed or motion activated lighting must be used.

5.

No signs will be allowed apart from security, safety, and identification signage.

i)

An application for a temporary wireless facility will be approved if the proposed facility meets the following standards:

1.

The tower must not exceed 130 feet in height, individual zoning district maximum height requirements notwithstanding.

2.

The tower must be removed within ninety (90) days of its erection.

3.

No signs will be allowed on the tower apart from security, safety, and identification signage.

j)

Eligible facilities requests will be approved provided the modification of the tower or bases station does not substantially change the physical dimensions of such.

k)

Small cell and micro-wireless facility:

1.

Any small cell facility proposed within a Historic Overlay District will require a Certificate of Appropriateness approved by the Historic Preservation Commission.

2.

The County may disapprove a proposed location or installation of a small cell or micro-wireless facility only for the following reasons:

a.

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;

b.

The public safety or other critical public service needs;

c.

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; or

d.

Conflict with an applicable local 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.

3.

Nothing will prohibit an applicant from voluntarily submitting, and the County from accepting, any conditions that otherwise address potential visual or aesthetic effects resulting from the placement of small cell or micro-wireless facilities.

(Ord. No. 23-182, § 3, 4-25-23)

Sec. 23-7A will be interpreted in accordance with all applicable federal, state, and local statues, ordinances, and regulations. In the event that a court of competent jurisdiction determines that a provision of this Article is invalid, the remaining provisions of Sec. 23-7A will be interpreted as if such unenforceable provisions(s) were not included.

(Ord. No. 23-182, § 3, 4-25-23)