HomeMy WebLinkAboutZTA201300002 Legacy Document 2013-05-13 (2)Attachment A
RESOLUTION OF INTENT
WHEREAS, County Code § 18- 5.1.40, which is part of the Albemarle County Zoning
Ordinance, establishes regulations pertaining to personal wireless service facilities; and
WHEREAS, County Code § 18 -3.1 defines a number of the terms used in County Code
§ 18- 5.1.40; and
WHEREAS, recent changes in the law, including the Federal Communications Commission's
"Shot Clock" declaratory ruling, and the enactment of Section 6409 of the Middle Class Tax Relief Act of
2012, affect the time within which the County must act on certain applications for personal wireless
service facilities, and compel the County to approve certain qualifying applications for the collocation,
replacement or removal of equipment on existing wireless "towers "; and
WHEREAS, practical experience resulting from administering County Code § 18- 5.1.40 since it
was adopted in 2004 has allowed the County to identify several requirements of that section that are no
longer necessary; and
WHEREAS, in order to promote the efficient and effective administration of the County's
regulations, it may be desirable to amend County Code §§ 18 -3.1 and 18- 5.1.40 to expressly
incorporate recent changes in the law, amend and add definitions related to those recent changes in the
law, and to delete those requirements that are no longer necessary.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity,
convenience, general welfare and good zoning practices, the Albemarle County Board of Supervisors
hereby adopts a resolution of intent to consider amending Albemarle County Code § § 18 -3.1 and
18- 5.1.40 and any other sections of the Zoning Ordinance deemed to be appropriate, to achieve the
purposes described herein; and
BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing
on the zoning text amendment proposed pursuant to this resolution of intent, and make its
recommendations to the Board of Supervisors at the earliest possible date.
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to as
recorded below, at a regular meeting held on
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