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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. 2 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. 4 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 5 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 9 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: 16