HomeMy Public PortalAbout2006_10_11_O050 Amending the ZO re Telecommunications Facilities
AN ORDINANCE: AMENDING AND REORDAINING Subsection 9.3.23
(TELECOMMUNICATION FACILITIES) of Section 9.3 (USE
STANDARDS) of Article 9 (USE REGULATIONS) of the Zoning
Ordinance of the Town of Leesburg, Virginia, 2003, as amended.
Information on Proposed Ordinance
Title
An Ordinance amending and reordaining Subsection 9.3.23 (TELECOMMUNICATION
FACILITIES) of Section 9.3 (USE STANDARDS) of Article 9 (USE REGULATIONS) of the
Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended.
Summary
The proposed Ordinance revises the standards for telecommunication facilities.
Sponsor
Staff
Authoritv
Section 15.2-2280 of the Code of Virginia, 1950, as amended.
Estimated Cost of Implementation
Attachments in Addition to Proposed Ordinance
1
The Town of
Leesburg,
Virginia
PRESENTED September 12, 2006
ORDINANCE NO. 2006-0-50
ADOPTED October 1 L 2006
AN ORDINANCE: AMENDING AND REORDAINING SUBSECTION 9.3.23
(TELECOMMUNICATION FACILITIES) OF SECTION 9.3 (USE
STANDARDS) OF ARTICLE 9 (USE REGULATIONS) OF THE
ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA,
2003, AS AMENDED.
The Town Council of Leesburg, Virginia, ordains:
SECTION I. That subsection 9.3.23 (TELECOMMUNICATION FACILITIES) of
Section 9.3 (USE STANDARDS) of Article 9 (USE REGULATIONS) of the Zoning Ordinance
of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended and
reordained to read as follows:
9.3.23 Telecommunication Facilities
All future telecommunications structures, including transmission lines, should be placed
underground per the Town's undergrounding policy if possible. The following standards
have been established to permit the establishment of telecommunications facilities above
ground if under grounding is not feasible in a manner that minimizes the visual impact of
towers through careful siting, design, and screening: reduces the potential for damage to
adiacent properties caused by tower failure or falling ice: and maximizes the use of any
transmission towers and structures through the promotion of co-location so as to
minimize the need to construct new towers. The standards of this section shall apply to all
telecommunication uses and structures.
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AN ORDINANCE: AMENDING AND REORDAINING SUBSECTION 9.3.23
(TELECOMMUNICATION FACILITIES) OF SECTION 9.3 (USE
STANDARDS) OF ARTICLE 9 (USE REGULATIONS) OF THE
ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA,
2003, AS AMENDED.
A. Antennas. Roof top mounted antennas and related unmanned equipment may
be developed subject to the criteria performance standards below to the extent
permitted by-right in the district use lists and as listed below:
1. Such antennas and related equipment may exceed the maximum
building height limitations, provided the use is in accordance with the
development criteria herein.
2. Omnidirectional or whip antennas shall not exceed twenty (20) feet in
height or seven (7) inches in diameter and shall be of a material or color
which matches the exterior of the building or structure.
3. Directional or panel antennas shall not exceed five (5) feet in height or
two (2) feet in width and shall be of a material~ ef color, or finish that
minimizes the visual impact of the structure and emulates the exterior of
the building or structure on which it is mounted. \vhieh matches the
exterior of the building or structlHe.
4. Satellite and microwave dish antennas shall not exceed one and eight
tenths (1.8) meters or six (6) feet in diameter and shall be screened from
sight.
5. No commercial advertising shall be allowed on any anteooa
telecommunications facility.
3
AN ORDINANCE: AMENDING AND REORDAININO SUBSECTION 9.3.23
(TELECOMMUNICATION FACILITIES) OF SECTION 9.3 (USE
STANDARDS) OF ARTICLE 9 (USE REGULATIONS) OF THE
ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA,
2003, AS AMENDED.
6. Signals or lights or illumination shall not be permitted on any antenna,
unless required by the Federal Communications Commission, the Federal
Aviation Administration, State or Federal authorities, or the Town. When
signals or lights are required. shields shall be installed that screen the
signals or lights from ground view.
7. The related unmanned equipment structure(s) shall not contain more
than 750 square feet of total gross floor area on each site. Structures shall
not exceed 12 feet in height. If located within the structure upon which the
antennas are mounted, they may be located in the areas which are
excluded from the determination of net floor area without changing the
exclusion of those areas from the calculation of the density of the
structure. The structure shall be of a material or color which matches the
exterior of the building or structure.
8. If the equipment structure is located on the roof of a building, the area
of the equipment and structures shall not occupy more than twenty-five
(25) percent of the roof area.
9. Equipment buildings located on the grounds shall meet the minimum
yard requirements of the zoning district in which located.
10. Antennas and related unmanned equipment are permitted on an
existing transmission or communication tower or pole in any district.
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AN ORDINANCE: AMENDING AND REORDAINING SUBSECTION 9.3.23
(TELECOMMUNICATION FACILITIES) OF SECTION 9.3 (USE
STANDARDS) OF ARTICLE 9 (USE REGULATIONS) OF THE
ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA,
2003, AS AMENDED.
11. Antennas and related unmanned equipment are permitted in any
zoning district on buildings and structures owned or controlled by a public
use, fire and rescue station, or Leesburg Town governmental unit.
B. Monopoles. Monopoles and related unmanned equipment may be developed
subject to the standards below to the extent permitted by special exception in the
district use lists.
1. The height of such monopole shall not exceed 150 feet, including
antennas.
2. Satellite and microwave dishes attached to monopoles shall not exceed
one and eight tenths (1~) meter in diameter.
3. All lots where a monopole facility is located shall comply with the
required setbacks in the underlying zoning district between the base of the
tower, accessory structures and uses. and guy anchors to all property lines
as well as the following setback requirements: MOBopoles shall be subject
to minimum yard reqairemel'lts and shall not be loeated any closer than
oBe (1) f-oot for eyery fi':e (5) feet in height to any property line.
StructlHes and bailding may be eOBstructed ',vithin the setback areas of the
monopole, provided other zoning standards are met.
(a) The minimum setback between monopoles and all propertv
lines shall be a distance equal to fifty percent (50%) of the height
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AN ORDINANCE: AMENDING AND REORDAINING SUBSECTION 9.3.23
(TELECOMMUNICATION FACILITIES) OF SECTION 9.3 (USE
STANDARDS) OF ARTICLE 9 (USE REGULATIONS) OF THE
ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA,
2003, AS AMENDED.
of the tower, or the minimum required setback of the district.
whichever is greater.
(b) Monopoles shall be set back a minimum of 50 feet from any
existing or planned right-of-way. and
( c) Monopoles shall be set back a minimum of 100 feet. or fifty
percent (50%) of the tower height. whichever is greater, from the
lot line of any adiacent residential use or district.
4. The related unmanned equipment structure(s) shall not contain more
than 750 square feet of total gross floor area on each site. Structures shall
not exceed 12 feet in height provided that no more than 2 structures are
erected. In such cases where more than 2 structures are erected, they shall
not be more than 8 feet in height. The structure shall be located in
accordance with the minimum yard requirements of the zoning district in
which it is located. The structure shall be of a material or color which
matches the exterior of the building structure.
5. Unless otherwise required by the Federal Communications Commission
or the Federal Aviation Administration, monopoles shall have galvanized
finish or be designed painted with a silver or gray fiBish to camouflage the
monopole.
6
AN ORDINANCE: AMENDING AND REORDAINING SUBSECTION 9.3.23
(TELECOMMUNICATION FACILITIES) OF SECTION 9.3 (USE
STANDARDS) OF ARTICLE 9 (USE REGULATIONS) OF THE
ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA,
2003, AS AMENDED.
6. No signals or lights or illumination shall be permitted on a monopole,
unless required by the Federal Communications Commission, the Federal
Aviation Administration, State or Federal authorities, or the Town. When
signals or lights are required. screening such as shields shall be installed to
screen the signals or lights from ground view.
7. No commercial advertising or signs shall be allowed on a monopole,
including manufacturer's logo or brand name.
8. A commission permit shall be required.
9. No monopole shall be located within one-half mile of the H-l Overlay
District within the Town.
10. No monopole shall be located within a PRN or PRC District.
11. All unused equipment and facilities from a commercial public
telecommunications site shall be removed within 90 days of cessation of
commercial public telecommunications use and the site shall be restored
as closely as possible to its original condition.
12. New telecommunications monopoles shall be designed to
accommodate at least three (3) providers. The applicant shall identify the
conditions under which future co-location by other service providers are
permitted. Co-location may Bet be waived if required \vhen the Town
7
AN ORDINANCE: AMENDING AND REORDAINING SUBSECTION 9.3.23
(TELECOMMUNICATION FACILITIES) OF SECTION 9.3 (USE
STANDARDS) OF ARTICLE 9 (USE REGULATIONS) OF THE
ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA,
2003, AS AMENDED.
Council determines.. based on substantial evidence produced by the
applicant at the time of application, that:
(a) The accommodation would cause the size of the monopole to
significantly exceed the size of existing towers in the area resulting
in an Doing so would ereate unnecessary visual impact on the
surrounding area; or
(b) No additional Beed is antieipated for any other potefltial user in
the vieiBity; or
(e).ilil There exists is valid technological, economic or physical
justification making as to why co-location impossible is-ftet
possible.
(e) The Federal Communications Commission (FCC) has issued a
written statement that no more licenses for those broadcast
frequencies that are eligible to use the monopole will be issued in
the foreseeable future.
13. Power Mount facilities (antenna mounted on electrical transmission
towers) shall be permitted as a special exception in the same districts as
monopoles.
8
AN ORDINANCE: AMENDING AND REORDAINING SUBSECTION 9.3.23
(TELECOMMUNICATION FACILITIES) OF SECTION 9.3 (USE
STANDARDS) OF ARTICLE 9 (USE REGULATIONS) OF THE
ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA,
2003, AS AMENDED.
14. A six foot high security fence shall completely surround the tower
(and guy wires if used) and equipment building. It shall be constructed in
colors and materials to blend into the immediate surrounding environment.
15. The monopole shall be designed and constructed to all applicable
standards of the American National Standards Institute, ANSI/EIA-222-E
manual. as amended. All applications for development of a monopole
facility shall verifv compliance with these standards.
16. A soil report compliant with the standards found in Appendix I:
Geotechnical Investigations, ANSI/EIA-222-E. as amended, shall be
submitted to the Town, sealed by a registered soils engineer, to document
and verify the design specifications of the foundation for the monopole,
and anchors for gUY wires if used.
17. Monopoles and antenna shall be designed to withstand wind gusts of
up to 100 miles per hour.
C. Transmission towers. Subiect to the issuance of a special exception
+transmission towers with related unmanned equipment may be developed
subject to the performance standards below to the following criteria: ~
permitted by special exeeption iB the distriet use list.
1. The Applicant shall demonstrate to the satisfaction of the Zoning
Administrator that there is not an existing alternative structure which will
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AN ORDINANCE: AMENDING AND REORDAINING SUBSECTION 9.3.23
(TELECOMMUNICATION FACILITIES) OF SECTION 9.3 (USE
STANDARDS) OF ARTICLE 9 (USE REGULATIONS) OF THE
ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA,
2003, AS AMENDED.
reasonably meet the engineering and service of the proposed
telecommunications facility.
2. The height of such tower shall not exceed 150 feet, including antennas.
3. Satellite and microwave dishes attached to the towers shall not exceed
one and eight tenths (1.8) meters or six (6) feet in diameter.
4. All lots where a transmission tower facility is located shall comply with
the required setbacks in the underlying zoning district between the base of
the tower, accessory structures and uses. and gUY anchors to all property
lines as well as the following setback requirements: TO'Ners shall be
subject to the miBimUffi yard requirements, and shall be set back one (1)
foot for every five (5) feet iB height from the property line. StructlHes and
buildings may be construeted withiB the setback area of the tower,
provided other ZOBil'lg standards are met.
(a) The minimum setback between transmission towers and all
property lines shall be a distance equal to fifty percent (50%) of the
height of the tower. or the minimum required setback of the
district. whichever is greater.
(b) Transmission towers shall be set back a minimum of 50 feet
from any existing or planned right-of-way, and
10
AN ORDINANCE: AMENDING AND REORDAINING SUBSECTION 9.3.23
(TELECOMMUNICATION FACILITIES) OF SECTION 9.3 (USE
STANDARDS) OF ARTICLE 9 (USE REGULATIONS) OF THE
ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA,
2003, AS AMENDED.
(c) Transmission towers shall be set back a minimum of 100 feet.
or fifty percent (50%) of the tower height, whichever is greater,
from the lot line of any adiacent residential use or district.
5. The related unmanned equipment structure(s) shall not contain more
than 750 square feet of total gross floor area on each site. Structures shall
not exceed 12 feet in height provided that no more than 2 structures are
erected. In such cases where more than 2 structures are erected, they shall
not be more than 8 feet in height. The structure shall be located in
accordance with the minimum yard requirements of the zoning district in
which it is located. The structure shall be of a material or color which
matches the exterior of the building or structure.
.,. Ul'lless othenvise reql:lired by the Federal CommuBieations Commission
or the Federal.^..yiatioB .^..dmiBistratioB, towers shall have a gal-ianized
fiBish or be painted a silver or gray fiBish.
~+. No signals or lights or illumination shall be permitted on a tower,
unless required by the Federal Communications Commission, the Federal
Aviation Administration, State or Federal authorities, or the Town.
18. No commercial advertising shall be allowed on the tower.
~9. A commission permit shall be required.
11
AN ORDINANCE: AMENDING AND REORDAINING SUBSECTION 9.3.23
(TELECOMMUNICATION FACILITIES) OF SECTION 9.3 (USE
STANDARDS) OF ARTICLE 9 (USE REGULATIONS) OF THE
ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA,
2003, AS AMENDED.
2lO. No tower shall be located within one-half mile of the boundary of the
H-l Overlay District within the Town.
lOll. No tower shall be located within a PRN or PRC District.
I1H. All equipment and facilities from a commercial public
telecommunications site shall be removed within 90 days of cessation of
commercial public telecommunications use and the site shall be restored
as closely as possible to its original condition.
12-H. New telecommunications towers shall be designed to accommodate
at least three (3) providers. The applicant shall identify the conditions
under which future co-location by other service providers are permitted.
Co-location may not be required when the Town Council determines
based on substantial evidence produced by the applicant that:
(a) Doing so would cause the size of the tower to significantly
exceed the size of existing towers in the area and would therefore
Doing so wmild create unnecessary visual impact on the
surrounding area; or
(b) No additional need is anticipated for any other potential user in
the vicinity; or
(c) There is valid technological, economic or physical justification
as to why co-location is not possible.
12
AN ORDINANCE: AMENDING AND REORDAINING SUBSECTION 9.3.23
(TELECOMMUNICATION FACILITIES) OF SECTION 9.3 (USE
STANDARDS) OF ARTICLE 9 (USE REGULATIONS) OF THE
ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA,
2003, AS AMENDED.
Cd) The Federal Communications Commission (FCC) has issued a
written statement that no more licenses for those broadcast
frequencies that are eligible to use the tower will be issued in the
foreseeable future.
13. A six foot high security fence shall surround the tower (and guy wires
if used) and equipment building. It shall be constructed in colors and
materials to blend into the immediate surrounding environment.
14. The transmission tower shall be designed and constructed to all
applicable standards of the American National Standards Institute,
ANSI/EIA-222-E manual. as amended. All applications for development
of a transmission tower facility shall verify compliance with these
standards.
15. A soil report compliant with the standards found in Appendix I:
Geotechnical Investigations, ANSI/EIA-222-E. as amended, shall be
submitted to the Town. sealed by a registered soils engineer, to document
and verify the design specifications of the foundation for the transmission
tower, and anchors for guy wires if used.
16. Transmission towers and antenna shall be designed to withstand wind
gusts of UP to 100 miles per hour.
13
AN ORDINANCE: AMENDING AND REORDAINING SUBSECTION 9.3.23
(TELECOMMUNICATION FACILITIES) OF SECTION 9.3 (USE
STANDARDS) OF ARTICLE 9 (USE REGULATIONS) OF THE
ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA,
2003, AS AMENDED.
D. Temporary and Mobile and Land Based Telecommunication Testing
Facilities Temporary and Mobile and Land Based Telecommunication Testing
Facilities consisting of antennas and related equipment may be permitted in any
zoning district subject to the following performance standards.
1. A temporary special permit may be issued by the Zoning Administrator
for a period not to exceed (6) months, provided, however, that the Zoning
Administrator may approve an extension for up to an additional six (6)
months upon written request by the applicant, submitted prior to the
expiration date which documents the need for further testing.
2. Such temporary use must comply with all federal, state and County
regulations, including but not limited to regulations by the Federal
Aviation Administration, the Federal Communications Commission and
the Environmental Protection Agency.
3. The temporary testing equipment for the antenna shall be located either
in an existing structure or in a construction trailer or in a "cell on wheels
trailer" with a valid zoning permit. No construction trailer shall be located
in any required parking space.
4. Any clearing or grading of a site for the installation of the construction
trailer or antenna shall be the minimum necessary for the proposed use,
but in no event shall the disturbed area, excluding an access road, exceed
14
AN ORDINANCE: AMENDING AND REORDAININO SUBSECTION 9.3.23
(TELECOMMUNICATION FACILITIES) OF SECTION 9.3 (USE
STANDARDS) OF ARTICLE 9 (USE REGULATIONS) OF THE
ZONING ORDINANCE OF THE TOWN OF LEES BURG, VIRGINIA,
2003, AS AMENDED.
5,000 square feet in area. The permit shall include a condition requiring
that any disturbed area be restored as close as possible to its original
condition.
5. If an existing structure does not provide sufficient height for the
antenna, the applicant may erect a temporary pole not to exceed 100 feet
in height.
6. There shall be not more than two vehicles parked on the site at any
time.
7. No commercial advertising or signs shall be allowed and no signals or
lights or illumination shall be permitted on an antenna or temporary pole
unless required by the Federal Communications Commission, the Federal
Aviation Administration or the Town.
8. The Zoning Administrator shall require determine that the use will be
appropriately screened from adjacent properties and may require the
addition of plantings or the retention of existing vegetation.
SECTION II. This Ordinance shall become effective upon the date and at the time of its
final passage.
SECTION III. If any provision of this Ordinance is declared invalid, the decision shall
not affect the validity of the ordinance as a whole or any remaining provisions of the Ordinance.
15
AN ORDINANCE: AMENDING AND REORDAINING SUBSECTION 9.3.23
(TELECOMMUNICATION FACILITIES) OF SECTION 9.3 (USE
STANDARDS) OF ARTICLE 9 (USE REGULATIONS) OF THE
ZONING ORDINANCE OF THE TOWN OF LEES BURG, VIRGINIA,
2003, AS AMENDED.
PASSED this 11 th day of October 2006.
~~C'~
. ~ C. U slattd, Mayor
Town of Leesburg
ATTEST:
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