HomeMy WebLinkAboutZTA201400004 OrdinanceDraft: 06/09/14
ORDINANCE NO. 14 -18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS,
ARTICLE II, BASIC REGULATIONS, AND ARTICLE III, DISTRICT REGULATIONS, OF THE
CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18,
Zoning, Article I, General Provisions, Article II, Basic Regulations, and Article III, District Regulations,
are hereby amended and reordained as follows:
By Amending:
Sec. 3.1 Definitions
Sec. 5.1.40 Personal wireless service facilities
Sec. 30.6.4 Certificates of appropriateness
Sec. 30.6.5 Development exempt from requirement to obtain certificate of appropriateness
Chapter 18. Zoning
Article L General Provisions
Sec. 3.1 Definitions
Mobile personal wireless service facility: A portable self - contained personal wireless service facility site
that can be moved to a location and set up to provide personal wireless services on a temporary or
emergency basis.
Article II. Basic Regulations
Sec. 5.1.40 Personal wireless service facilities
The purpose of section 5.1.40 is to implement the personal wireless service facilities policy, adopted as
part of the comprehensive plan. Each personal wireless service facility (hereinafter "facility ") shall be
subject to following, as applicable:
a. Application for approval: Each request for approval of a facility shall include the following
information:
1. Application form and signatures. A completed application form, signed by the parcel
owner, the parcel owner's agent or the contract purchaser, and the proposed facility's
owner. If the owner's agent signs the application, he shall also submit written evidence of
the existence and scope of the agency. If the contract purchaser signs the application, he
shall also submit the owner's written consent to the application.
Plat or survey of the parcel. A recorded plat or recorded boundary survey of the parcel on
which the facility will be located; provided, if neither a recorded plat nor boundary
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survey exists, a copy of the legal description of the parcel and the Albemarle County
Circuit Court deed book and page number.
Ownership. The identity of the owner of the parcel and, if the owner is other than a real
person, the complete legal name of the entity, a description of the type of entity, and
written documentation that the person signing on behalf of the entity is authorized to do
so.
4. Plans and supporting drawings, calculations and documentation. Except where the
facility will be located entirely within an existing structure or an existing building, a
scaled plan and a scaled elevation view and other supporting drawings, calculations, and
other documentation required by the agent, signed and sealed by an appropriate licensed
professional. The plans and supporting drawings, calculations and documentation shall
show:
(a) Existing and proposed improvements. The location and dimensions of all existing
and proposed improvements on the parcel including access roads and structures,
the location and dimensions of significant natural features, and the maximum
height above ground of the facility (also identified in height above sea level).
(b) Elevation. The benchmarks and datum used for elevations. The datum shall
coincide with the Virginia State Plane Coordinate System, South Zone, North
American Datum of 1983 (NAD83), United States Survey Feet North American
Vertical Datum of 1988 (NAVD88), and the benchmarks shall be acceptable to
the county engineer.
(c) Design. The design of the facility, including the specific type of support structure
and the design, type, location, size, height and configuration of all existing and
proposed antennas and other equipment.
(d) Color. Identification of each paint color on the facility, by manufacturer color
name and color number. A paint chip or sample shall be provided for each color.
(e) Topography. Except where the facility would be attached to an existing structure
or an existing building, the topography within two thousand (2,000) feet of the
proposed facility, in contour intervals not to exceed ten (10) feet for all lands
within Albemarle County and, in contour intervals shown on United States
Geological Survey topographic survey maps or the best topographic data
available, for lands not within Albemarle County.
(f) Trees. If the application is for a Tier II facilityttThe height, caliper and species of
all trees where the dr-ipline is leeated within fifty (50) feet of the faeility that
relied upon to establish the proposed height or- sefeening, or- both, of the
monopole eF tower-. All tfees tha� will be adversely impaeted or- removed dur-ing
installation or- main4ena-nee of the f4eility shall be noted, r-egafdless of thei
dirt nees to the faeil the reference tree. If the application is for a Tier III
facility, the height. caliper and species of all trees within fifty (50) feet of the
monopole or tower. For any application, the agent may require the plans to show
the height, caliper and species of any trees that will be relied upon to minimize
the facility's visibility.
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(g) Setbacks, parking, fencing, and landscaping. All existing and proposed setbacks,
parking, fencing and landscaping.
(h) Location of accessways. The location of all existing accessways and the location
and design of all proposed accessways.
(i) Location of certain structures and district boundaries. Except where the facility
would be attached to an existing structure or an existing building, residential and
commercial structures, and residential and rural areas district boundaries.
(j) Proximity to airports. If the proposed monopole or tower will be taller than one
hundred fifty (150) feet, the proximity of the facility to commercial and private
airports.
Photographs. Photographs of the location of the proposed monopole or tower shall be
provided that include, for applications for Tier II facilities, the reference tree, and for
applications for Tier III facilities, the area within fifty (50) feet of the proposed monopole
or tower. These photographs shall include reference points to enable the lease area. the
vehicular access, the trees that will remain, and the trees that will be removed to be
identified. In addition. pl- hotographs, where possible, or perspective drawings of the
facility site and all existing facilities within two hundred (200) feet of the site, if any, and
the area surrounding the site.
Balloon tests. For any proposed monopole or tower, photographs taken of a balloon test,
which shall be conducted, if requested by the agent, as follows:
(a) Scheduling. The applicant shall contact the agent within ten (10) days after the
date the application was submitted to schedule a date and time when the balloon
test will be conducted. The test shall be conducted within forty (40) days after the
date the application was submitted, and the applicant shall provide the agent with
at least seven (7) days prior notice; provided that this deadline may be extended
due to inclement weather or by the agreement of the applicant and the agent.
(b) Marking key boundaries and locations. Prior to the balloon test, the locations of
the access road, the lease area, the tower site, the reference tree and the tallest
tree within twenty five (25) feet of the proposed monopole shall be surveyed and
staked or flagged in the field.
(c) Balloon height. The test shall consist of raising one or more balloons from the
site to a height equal to the proposed facility.
(d) Balloon color or material. The balloons shall be of a color or material that
provides maximum visibility.
(e) Photographing balloon test. The photographs of the balloon test shall be taken
from the nearest residence and from appropriate locations on abutting properties,
along each publicly used road from which the balloon is visible, and other
properties and locations as deemed appropriate by the agent. The applicant shall
identify the camera type, film size, and focal length of the lens for each
photograph.
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Additions of antennas. If antennas are proposed to be added to an existing structure,
existing building or an existing facility, all existing antennas and other equipment on the
structure, building or facility, as well as all ground equipment, shall be identified by
owner, type and size. The method(s) by which the antennas will be attached to the
mounting structure shall be depicted.
Site under conservation or open space easement. If the proposed facility would be
located on lands subject to a conservation easement or an open space easement, a copy of
the recorded deed of easement and the express written consent of all easement holders to
the proposed facility.
9. Photographic simulations. At the request of the agent, photographic simulations of the
proposed facility.
b. Exemption from regulations otherwise applicable: Except as otherwise exempted in this
subsection, each facility shall be subject to all applicable regulations in this chapter.
Building site. Notwithstanding section 4.2.34, a facility is not required to be located
within a building site provided, however, that any land disturbing activity within the lease
area shall comply with section 30.7.5. Vehicular access to the lease area shall be sul iect
to the requirements of section 4.2 and shall not be exempt under section 4.2.6.
2. Setbacks. Notwithstanding section 4.10.3.1(b), the agent may authorize a faeilit
monopole or tower to be located closer in distance than the height of the monopole tower
or other mounting structure to any lot line if the applicant obtains an easement or other
recordable docume nt. or a letter of consent. showing agreement between the lot owners,
provided that any such document shall be acceptable to the county attorney as to
addressing development on the part of the abutting parcel sharing the common lot line
that is within the €aeil �-& monopole or tower's fall zone (e.g., the aetbaek of an eigl}Ty
(80) foot tall f4eility eould be fedueed to thifty (30) feet if an easeffieH4 is established
prohibiting develeptmea4 on the abtAting lot within a fifty (50) feet fall zone. If the right -
of -way for a public street is within the fall zone, the Virginia Department of
Transportation shall be included in the staff review, in lieu of recording an easement or
other document.
Area, bulk and minimum yards. Notwithstanding the requirements of the district in which
the facility will be located, the area and bulk regulations, and the minimum yard
requirements of the district shall not apply.
4. Required yards. Notwithstanding section 4.11, a facility may be located in a required
yard.
5. Site plan. Notwithstanding section 32.2, a site plan shall not be required for a facility, but
the facility shall be subject to the requirements of section 32 and the applicant shall
submit all schematics, plans, calculations, drawings and other information required by the
agent to determine whether the facility complies with section 32. In making this
determination, the agent may impose reasonable conditions authorized by section 32 in
order to ensure compliance.
Tier I facilities. Each Tier I facility may be established upon approval by the agent of an
application satisfying the requirements of subsection 5.1.40(a), demonstrating that the facility will
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be installed and operated in compliance with all applicable provisions of this chapter, and
satisfying the following:
Compliance with subsection 5.1.40(b). The facility shall comply with the applicable
requirements of subsection 5.1.40(b).
2. General design. The facility shall be designed, installed and maintained as follows: (i)
guy wires shall not be permitted; (ii) outdoor lighting for the facility shall be permitted
only during maintenance periods; regardless of the lumens emitted, each outdoor
luminaire shall be fully shielded as required by section 4.17; provided that these
restrictions shall not apply to any outdoor lighting required by federal law; (iii) any
ground equipment shelter not located within an existing structure or an existing building
shall be screened from all lot lines either by terrain, existing structures, existing
vegetation, or by added vegetation approved by the agent; (iv) a whip antenna less than
six (6) inches in diameter may exceed the height of the existing structure or the existing
building; (v) a grounding rod, whose height shall not exceed two (2) feet and whose
width shall not exceed one (1) inch in diameter at the base and tapering to a point, may be
installed at the top of the facility, the existing structure or the existing building; and (vi)
within thirty (30) days after completion of the installation of the facility, the applicant
shall provide a statement to the agent certifying that the height of all components of the
facility complies with this regulation.
Antennas and associated equipment. Antennas and associated equipment that are not
entirely within a proposed facility, an existing facility, an existing structure, or an
existing building shall be subject to the following: (i) the total number of arrays of
antennas shall not exceed three (3), and each antenna proposed under the pending
application shall not exceed the size shown on the application, which size shall not
exceed one thousand one hundred fifty two (1152) square inches; (ii) no antenna shall
project from the facility, structure or building beyond the minimum required by the
mounting equipment, and in no case shall any point on the face of an antenna project
more than twelve (12) inches from the facility, structure or building; and (iii) each
antenna and associated equipment shall be a color that matches the facility, structure or
building. For purposes of this section, all types of antennas and dishes, regardless of their
use, shall be counted toward the limit of three arrays.
4. Tree conservation plan; content. Before the building official issues a building permit for
the facility, the applicant shall submit a tree conservation plan prepared by a certified
arborist. The plan shall be submitted to the agent for review and approval to ensure that
all applicable requirements have been satisfied. The plan shall specify tree protection
methods and procedures, identify all existing trees to be removed on the parcel for the
installation, operation and maintenance of the facility, and identify all dead and dying
trees that are recommended to be removed. In approving the plan, the agent may identify
additional trees or lands up to two hundred (200) feet from the lease area to be included
in the plan.
Tree conservation plan; compliance; amendment. The installation, operation and
maintenance of the facility shall be conducted in accordance with the tree conservation
plan. The applicant shall not remove existing trees within the lease area or within one
hundred (100) feet in all directions surrounding the lease area of any part of the facility
except for those trees identified on the plan to be removed for the installation, operation
and maintenance of the facility and dead and dying trees. Before the applicant removes
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any tree not designated for removal on the approved plan, the applicant shall submit and
obtain approval of an amended plan. The agent may approve the amended plan if the
proposed tree removal will not adversely affect the visibility of the facility from any
location off of the parcel. The agent may impose reasonable conditions to ensure that the
purposes of this paragraph are achieved.
Discontinuance of use; notice thereof; removal; surety. Within thirty (30) days after a
facility's use for personal wireless service purposes is discontinued, the owner of the
facility shall notify the zoning administrator in writing that the facility's use has
discontinued. The facility shall be disassembled and removed from the site within ninety
(90) days after the date its use for personal wireless service purposes is discontinued. If
the agent determines at any time that surety is required to guarantee that the facility will
be removed as required, the agent may require that the parcel owner or the owner of the
facility submit a certified check, a bond with surety, or a letter of credit, in an amount
sufficient for, and conditioned upon, the removal of the facility. The type and form of the
surety guarantee shall be to the satisfaction of the agent and the county attorney. In
determining whether surety should be required, the agent shall consider the following: (i)
whether there is a change in technology that makes it likely that the monopole or tower
will be unnecessary in the near future; (ii) the permittee fails to comply with applicable
regulations or conditions; (iii) the permittee fails to timely remove another monopole or
tower within the county; and (iv) whenever otherwise deemed necessary by the agent.
Creation of slopes steeper than 2:1. No slopes associated with the installation of the
facility and its accessory uses shall be created that are steeper than 2:1 unless retaining
walls, revetments, or other stabilization measures acceptable to the county engineer are
employed.
Ground equipment shelter; fencing. Any ground equipment shelter not located within an
existing building shall be fenced only with the approval of the agent upon finding that the
fence: (i) would protect the facility from trespass in areas of high volumes of vehicular or
pedestrian traffic or, in the rural areas, to protect the facility from livestock or wildlife;
(ii) would not be detrimental to the character of the area; and (iii) would not be
detrimental to the public health, safety or general welfare.
d. Tier H facilities. Each Tier II facility may be established upon approval by the agent of an
application satisfying the requirements of subsection 5.1.40(a) and demonstrating that the facility
will be installed and operated in compliance with all applicable provisions of this chapter, and
satisfying the following:
Compliance with subsections 5.1.40(6) and 5.1.40(c). The facility shall comply with the
applicable requirements of subsection 5.1.40(b) and with the requirements of subsections
5.1.40(c)(2) through (8).
2. Screening and siting to minimize visibility. The site shall provide adequate opportunities
for screening and the facility shall be sited to minimize its visibility from adjacent parcels
and streets, regardless of their distance from the facility. The facility also shall be sited to
minimize its visibility from any entrance corridor overlay district, state scenic river,
national park or national forest, regardless of whether the site is adjacent to the district.
river, park or forest. If the facility would be located on lands subject to a conservation
easement or an open space easement, or adjacent to a conservation easement or open
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space easement, the facility shall be sited so that it is not visible from any resources
specifically identified for protection in the deed of easement.
Open space plan resources. The facility shall not adversely impact resources identified in
the county's open space plan.
4. Horizontal separation of multiple facilities. The facility shall not be located so that it and
three (3) or more existing or approved personal wireless service facilities would be within
an area comprised of a circle centered anywhere on the ground having a radius of two
hundred (200) feet.
Diameter of monopole. The maximum base diameter of the monopole shall be thirty (30)
inches and the maximum diameter at the top of the monopole shall be eighteen (18)
inches.
Height of monopole. The top of the monopole, measured in elevation above mean sea
level, shall not be more than ten (10) feet taller than the tallest tree within twenty -five
(25) feet of the monopole, and shall include any base, foundation or grading that raises
the monopole above the pre- existing natural ground elevation.
Color of monopole, antennas and equipment. Each monopole shall be a dark brown
natural or painted wood color that blends into the surrounding trees. The antennas,
supporting brackets, and all other equipment attached to the monopole shall be a color
that closely matches that of the monopole. The ground equipment, the ground equipment
shelter, and the concrete pad shall also be a color that closely matches that of the
monopole, provided that the ground equipment and the concrete pad need not closely
match the color of the monopole if they are enclosed within a ground equipment shelter
or within or behind an approved structure, fagade or fencing that: (i) is a color that
closely matches that of the monopole; (ii) is consistent with the character of the area; and
(iii) makes the ground equipment, ground equipment shelter, and the concrete pad
invisible at any time of year from any other parcel or a public or private street.
Placement of cables, wiring and similar attachments. Each wood or concrete monopole
shall be constructed so that all cables, wiring and similar attachments that run vertically
from the ground equipment to the antennas are placed on the monopole to face the
interior of the site and away from public view, as determined by the agent. Metal
monopoles shall be constructed so that vertical cables, wiring and similar attachments are
contained within the monopole's structure.
Building permit application; submitting certification of monopole height and revised
plans. The following shall be submitted with the building permit application: (i)
certification by a registered surveyor stating the height of the reference tree that is used to
determine the permissible height of the monopole; and (ii) a final revised set of plans for
the construction of the facility. The agent shall review the surveyor's certificate and the
plans to ensure that all applicable requirements have been satisfied.
10. Completion of installation; submitting certifications of monopole and lightning rod
height. The following shall be submitted to the agent after installation of the monopole is
completed and prior to issuance of a certificate of occupancy: (i) certification by a
registered surveyor stating the height of the monopole, measured both in feet above
ground level and in elevation above mean sea level, using the benchmarks or reference
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datum identified in the application; and (ii) certification stating that the lightning rod's
height does not exceed two (2) feet above the top of the monopole and width does not
exceed a diameter of one (1) inch.
11. Notice. Notice of the agent's consideration of an application for a Tier II facility shall be
sent by the agent to the owner of each parcel abutting the parcel on which the proposed
facility will be located. The notice shall describe the nature of the facility, its proposed
location on the lot, its proposed height, and the appropriate county office where the
complete application may be viewed. The notice shall be mailed by first class mail or
hand delivered at least ten (10) days before the agent acts on the application. Mailed
notice shall be mailed to the last known address of the owner, and mailing the notice to
the address shown on the current real estate tax assessment records of the county shall be
deemed compliance with this requirement. The failure of an owner to receive the notice
as provided herein shall not affect the validity of an approved facility and shall not be the
basis for an appeal.
12. Disapproval of application; appeal. If the agent disapproves an application, he shall
identify which requirements were not satisfied and inform the applicant what needs to be
done to satisfy each requirement. The applicant may appeal the disapproval of an
application to the board of supervisors. An appeal shall be in writing and be received in
the office of the clerk of the board of supervisors within ten (10) calendar days after the
date of the disapproval by the agent. In considering an appeal, the board may affirm,
reverse, or modify in whole or in part, the decision of the agent, and its decision shall be
based upon the requirements delineated in this subsection (d).
13. Agent approval of increase in height of monopole based on increase in height of
reference tree. Upon the written request of the applicant, the agent may authorize the
height of an existing Tier II facility's monopole to be increased above its originally
approved height upon finding that the reference tree has grown to a height that is relative
to the requested increase in height of the monopole. The application shall include a
certified survey of the reference tree's new height, as well as the heights of other trees to
be considered by the agent. The agent shall not grant such a request if the increase in
height would cause the facility to be skylighted or would increase the extent to which it is
skylighted.
Tier III facilities. Each Tier III facility may be established upon approval of a special use permit
by the board of supervisors, initiated upon an application satisfying the requirements of
subsection 5.1.40(a) and section 33.4, and it shall be installed and operated in compliance with all
applicable provisions of this chapter and the following:
The facility shall comply with the applicable requirements of subsections 5.1.40(b), the
requirements of subsections 5.1.40(c)(2) through ( 98), and the requirements of
subsections 5.1.40(d)(2), (3) and (7), unless modified by the board of supervisors during
special use permit review.
2. The facility shall comply with all conditions of approval of the special use permit.
f. Collocation, replacement or removal. Any collocation, replacement or removal of antennas or
equipment is subject to the following:
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Collocation or replacement that would not substantially change the physical dimensions
of a facility approved as a Tier I, II or III facility. Upon receipt by the agent of an
application satisfying the requirements of subsections 5.1.40(a)(1), (3), (4) and (7), any
collocation or replacement that would not substantially change the physical dimensions
of an existing facility approved as a Tier I, II or III facility shall be approved by the
agent. The agent shall approve the application regardless of whether the proposed
antennas or equipment are different from those shown on, or were not shown on, the
previously approved application under subsection 5.1.40(a)(4)(c) or any condition
imposed in conjunction with a special use permit for a Tier III facility.
2. Collocation or replacement that would substantially change the physical dimensions of a
facility approved as a Tier I, II or III facility. Any collocation or replacement that would
substantially change the physical dimensions of an existing facility approved as a Tier I,
II or III facility shall be reviewed and acted upon as a Tier I, II or III facility, as
applicable.
Collocation or replacement that would not substantially change the physical dimensions
of a facility approved by special use permit prior to October 13, 2004 or a facility that is
a nonconforming structure. Upon receipt by the agent of an application satisfying the
requirements of subsections 5.1.40(a)(1), (3), (4) and (7), any collocation or replacement
that would not substantially change the physical dimensions of an existing facility
approved by special use permit prior to October 13, 2004 or that is a nonconforming
structure shall be approved by the agent. The agent shall approve the application
regardless of whether the proposed antennas or equipment are different from those shown
on any plans approved or condition imposed in conjunction with a special use permit.
4. Collocation or replacement that would substantially change the physical dimensions of a
facility approved by special use permit prior to October 13, 2004 or a facility that is a
nonconforming structure. Any collocation or replacement that would substantially change
the physical dimensions of an existing facility approved by special use permit prior to
October 13, 2004 or that is a nonconforming structure shall be subject to, reviewed and
acted upon as a Tier I,11 or III facility, as provided in subsection 5.1.40(g)(2).
Removal of antennas or equipment on any Tier I, II or III facility, any facility approved
by special use permit prior to October 13, 2004 or any facility that is a nonconforming
structure. Any antennas or equipment on any existing Tier I, II or III facility, any existing
facility approved by special use permit prior to October 13, 2004 or that is a
nonconforming structure may be removed as a matter of right and regardless of any
special use permit condition providing otherwise.
Meaning of "collocation or replacement that would not substantially change the physical
dimensions of an existing facility. " A collocation or replacement that would not
substantially change the physical dimensions of an existing facility is any change to the
physical dimensions of an existing facility that is not within five hundred (500) feet of a
dwelling unit located on a parcel under different ownership than the parcel on which the
facility is located, that would: (i) add one or more antennas to the facility provided that
the requirements of subsections 5.1.40(c)(1), (2), (3), (6) and (8) are satisfied; (ii) replace
an existing monopole or tower with a monopole or tower of an equal or lesser height,
provided that the requirements of subsection 5.1.40(d) (1), (5), (7), (8) and (10) are
satisfied; (iii) replace an existing treetop facility with a monopole that is not more than
ten (10) feet taller than the reference tree, provided that the requirements of subsection
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5.1.40(d) (1), (5), (7), (8) and (10) are satisfied; (iv) strengthen an existing monopole or
tower without the use of guy wires, provided that the requirements of subsection
5.1.40(d)(5), (7) and (8) are satisfied; or (v) expand the lease area or add ground
equipment either within or outside of a ground equipment shelter, provided that the
expanded lease area does not exceed twice the square footage of the original lease area,
and further provided that the requirements of subsections 5.1.40(c)(7) and 5.1.40(d) (2),
(4), (5), (8) and (9) are satisfied. Any change to the access to the facility that results in the
removal of any tree shall be deemed to be a substantial change to the physical dimensions
of an existing facility.
g. Administration of special use permits for facilities approved prior to October 13, 2004. The
following applies to the administration of any special use permit for an existing facility approved
prior to October 13, 2004:
Conditions. If any condition of the special use permit is more restrictive than a
corresponding standard in subsection 5.1.40(c) or (d), the corresponding standard in
subsection 5.1.40(c) or (d) shall apply. If any condition of the special use permit is less
restrictive than a corresponding standard in subsection 5.1.40(c) or (d) and the applicant
establishes that vested rights have attached to the approved facility, the special use permit
conditions shall apply.
2. Change to a facility that would substantially change the physical dimensions of a facility
approved by special use permit prior to October 13, 2004. Any proposed change to a
facility that would substantially change the physical dimensions of the facility approved
by special use permit prior to October 13, 2004 under subsection5.1.40(f)(4) shall be
subject to the procedures and standards for a Tier II facility if the facility would qualify
as a Tier II facility, or a Tier III facility if the facility would not qualify as a Tier II
facility.
Effect of changes. Any change to a facility by collocation or replacement under
subsection 5.1.40(f)(3) shall not reclassify the facility as a Tier I, II or III facility. Any
change to a facility by collocation or replacement under subsection 5.1.40(g)(2) shall
reclassify the facility as a Tier II or Tier III facility, as applicable. If the facility is
approved as a Tier II facility, the prior special use permit conditions shall have no further
force or effect.
h. Time for action. Each action on an application for a Tier I, II or III facility shall be taken within
the following periods:
Applications for Tier I and Tier II facilities and applications for existing Tier III facilities
that would not substantially increase the size of an existing monopole or tower. Any
application for a Tier I or Tier II facility, and any application for an existing Tier III
facility that would not substantially increase the size of the existing monopole or tower,
shall be approved or disapproved within ninety (90) days, as calculated under subsection
5.1.40(h)(3).
2. Applications for new Tier III facilities and applications for existing Tier III facilities that
would substantially increase the size of an existing monopole or tower. Any application
for a Tier III facility, and any application for an existing Tier III facility that would
substantially increase the size of an existing monopole or tower, shall be approved or
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disapproved within one hundred fifty (150) days, as calculated under subsection
5.1.40(h)(3).
Calculating the time for action. The time for action on an application shall be calculated
as follows:
(a) Commencement. The time for action under subsection 5.1.40(h)(1) or (h)(2) shall
begin on the date the application is received in the department of community
development.
(b) Determination of completeness. Within thirty (30) days after the application is
received, the department of community development shall determine whether the
application includes all of the applicable information required under subsections
5.1.40(a) through (e). If any required information was not provided, the
department shall inform the applicant within the thirty (30) day period about
which information must be submitted in order for the application to be
determined to be complete.
(c) Tolling. The running of the time for action under subsection 5.1.40(h)(1) or
(h)(2) shall be tolled between the date that the department informs the applicant
that its application is incomplete under subsection 5.1.40(h)(3)(b) and the date on
which the department receives all of the required information from the applicant.
(d) Extension of running of time for action. The time by which action must be taken
under subsection 5.1.40(h)(1) or (h)(2) may be extended upon request by, or with
the consent of, the applicant.
4. Effect of failure to approve or disapprove within time for action. The failure to approve
or disapprove an application within the time for action shall not be deemed to be approval
of the application but, instead, shall only create a rebuttable presumption that the failure
to timely act was not reasonable under 47 U.S.C. § 332(c)(7)(B)(ii).
5. Meaning of "substantially increase the size of an existing monopole or tower". The
phrase "substantially increase the size of an existing monopole or tower" means: (i) the
mounting of the proposed antenna would increase the height of the monopole or tower by
more than ten (10) percent, or by the height of one additional antenna array with
separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is
greater, except that the mounting of the proposed antenna may exceed the size limits set
forth herein if necessary to avoid interference with existing antennas; (ii) the mounting of
the proposed antenna would include installing more than the standard number of new
equipment cabinets for the technology involved, not to exceed four (4), or more than one
new ground equipment shelter; (iii) the mounting of the proposed antenna would involve
adding an appurtenance to the body of the monopole or tower that would protrude from
the edge of the monopole or tower more than twenty (20) feet, or more than the width of
the monopole or tower structure at the level of the appurtenance, whichever is greater,
except that the mounting of the proposed antenna may exceed the size limits set forth
herein if necessary to shelter the antenna from inclement weather or to connect the
antenna to the monopole or tower by cable; or (iv) the mounting of the proposed antenna
would involve excavation outside the current boundaries of the leased or owned property
surrounding the monopole or tower and any access or utility easements currently related
to the site.
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i. Mobile personal wireless service facilities. Mobile personal wireless service facilities
" MPWSF" 1 shall not be subject to any requirements of section 5.1.40, and are otherwise
permitted by right in any zoning district, subject to the following:
1. Zoning clearance required: temporary non- emergencv event. The owner shall obtain a
zoning clearance under section 31.5 prior to placing a MPWSF on any site for a
temporary non - emergency event. The MPWSF may be placed on the site for a maximum
of seven (7) consecutive days, and shall not be placed on any site for any temporary non -
emergency event more than twice in a calendar year.
2. Zoning clearance required: declared state ofemergencv. If a state of emergencv is
declared by the president of the United States, the governor of the Commonwealth of
Virginia, or the board of supervisors, the owner shall obtain a zoning clearance under
section 31.5 within forty -five (45) days after placing a MPWSF on any site. The MPWSF
may be placed on the site for the duration of the state of emergency.
Article III. District Regulations
Sec. 30.6.4 Certificates of appropriateness
The architectural review board is authorized to issue certificates of appropriateness for any structure, and
associated improvements, or any portion thereof, that are visible from the EC street to which the parcel is
contiguous, as follows:
a. Development requiring a certificate of appropriateness. The following developments require a
certificate of appropriateness:
Building permits required. Each structure and/or site improvement for which a building
permit is required, even though it is not a development for which a site plan is required,
unless the structure and/or site improvement is exempt under section 30.6.5. No building
permit shall be approved until the certificate of appropriateness is obtained.
2. Site plans required. Each structure and/or site improvement for which a building permit
is required in a development for which a site plan is required, unless the improvement is
exempt under section 30.6.5. No site plan shall be approved until the certificate of
appropriateness is obtained.
b. Types of certificates of appropriateness. The architectural review board is authorized to issue the
following types of certificates of appropriateness:
Specific developments. For specific developments associated with one or more building
permits or a single site plan.
2. Signs in a new multi - business complex or shopping center. For all of the signs in a new
multi- business complex or shopping center, where the architectural review board first
conducts a comprehensive sign review. Once a certificate of appropriateness for signs in
a new multi - business complex or shopping center is issued, the director of planning is
authorized to determine whether a particular sign satisfies the conditions of the certificate
of appropriateness.
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County -wide certificates of appropriateness. County -wide certificates of appropriateness
may be issued for classes of structures, sites, improvements, or architectural elements,
subject to the applicable design criteria and procedures, as follows:
a. Categories of structures, sites, improvements, or architectural elements eligible
for county -wide certificates of appropriateness. The following categories of
structures, sites, improvements, or architectural elements shall be eligible for
county -wide certificates of appropriateness:
1. Structures located seven hundred fifty (750) feet or more from an EC
street that are not more than five (5) stories tall.
2. Structures that are proposed to be located behind another structure that
fronts an EC street as viewed from the EC street, where the rear structure
is no more than twice the height of the front structure.
3. Per-seial elesss sere= iee facilities -.
43. Signs, except for wall signs whose height exceeds thirty (30) feet.
64. Safety fencing and screening fencing.
65. New or replacement rooftop- mounted or ground- mounted equipment.
76. Additions to structures or improvements for which a certificate of
appropriateness was issued, where the design of the addition to the
structure or improvement is consistent with the architectural design
approved with the certificate of appropriateness.
97. New structure or site lighting or changes to existing structure or site
lighting.
98. Minor amendments to site plans and architectural plans.
4,99. Building permits for which the proposed change occupies fifty (50)
percent or less of the altered elevation of an existing structure.
4410. Permits classified in sections 5 -202, 5 -203, 5 -204 and 5- 208(A) not
otherwise exempt under section 30.6.5(k).
b. Design criteria. The board may establish appropriate architectural or design
features under the design guidelines that a structure, site, improvement or
architectural element must be found to be consistent with in order to be eligible
to be subject to a county -wide certificate of appropriateness. The architectural or
design features may include, but are not limited to: (i) building and structure
height; (ii) building and structure size; (iii) scale or mass; (iv) appropriate roof
forms; (v) appropriate building materials and/or colors; (vi) minimum planting
requirements; (vii) minimum screening requirements; (viii) building, structure
and/or site improvement locations; and (ix) the structural and design details of
signs.
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Determination of compliance by director ofplanning. Once a county -wide
certificate of appropriateness is issued, the director of planning is authorized to
determine whether a particular structure, site, improvement or architectural
element satisfies the specific design criteria of the county -wide certificate of
appropriateness. The director or a member of the architectural review board may
request at an upcoming meeting that the architectural review board, instead of the
director, determine whether a particular structure, site, improvement or
architectural element satisfies the specific design criteria of the county -wide
certificate of appropriateness.
d. Action and appeal. Any person requesting a determination whether a proposed
structure, site, improvement or architectural element satisfies the specific design
criteria of a county -wide certificate of appropriateness shall submit a request to
the director of planning providing the information required by the director. The
procedure for submittal and action under section 30.6.6(b), (c), (d) and (f) shall
apply.
By the director. If the director determines that the proposed structure,
site, improvement or architectural element does not satisfy the specific
design criteria of the county -wide certificate of appropriateness, the
director shall send notice to the person requesting the determination of
his decision. The person requesting the determination may either: (1)
appeal the director's decision to the architectural review board by filing
an appeal with the director within ten (10) days after the date of the
director's notice of decision; or (2) file an application and proceed under
sections 30.6.6 and 30.6.7.
By the board. If the board determines in its own review or on an appeal
of the director's decision that the proposed structure, site, improvement
or architectural element does not satisfy the specific design criteria of the
county -wide certificate of appropriateness, the board shall send notice to
the person requesting the determination of its decision. The person
requesting the determination may either: (1) appeal the board's decision
to the board of supervisors under the procedure in section 30.6.8(b), (c)
and (d); or (2) file an application and proceed under sections 30.6.6 and
30.6.7.
Authority to assure consistency with applicable design guidelines. In determining whether a
structure or associated improvements are consistent with the applicable design guidelines, the
architectural review board may specify the following, which are in addition to the requirements of
the underlying zoning district or of section 32, provided that the board may not authorize any
maximum standard to be exceeded, or any minimum standard to not be met:
Architectural features. The appearance of any architectural feature including, but not
limited to, its form and style, color, texture and materials.
2. Size and arrangement of structures. The configuration, orientation and other limitations
as to the mass, shape, area, bulk, height and location of structures. In considering the
arrangement and location of structures, the architectural review board may require that
the existing vegetation and natural features be used to screen structures and associated
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improvements from one or more EC streets to which the parcel is contiguous as provided
in section 30.6.2(b).
Location and configuration of parking areas and landscaping. The location and
configuration of parking areas and landscaping and buffering requirements.
4. Landscaping measures. In addition to the requirements of section 32.7.9, landscaping
measures determined to be appropriate to assure that the structures and associated
improvements are consistent with the applicable design guidelines.
Preservation of existing vegetation and natural features. The preservation of existing
trees, wooded areas and natural features.
Appearance of signs. In addition to the applicable requirements of section 4.15, the
appropriate style, size, colors, materials, illumination and location of all proposed signs,
and any other applicable design guidelines. Each application for a certificate of
appropriateness for one or more signs shall be accompanied by a site plan or sketch plan
that shows the location of all signs proposed to be erected on the lot or lots subject to the
site plan or sketch plan.
Fencing. The location, type and color of all fencing, including safety fencing.
d. Authority to impose conditions to assure development is consistent with the applicable design
guidelines. The architectural review board is authorized to impose reasonable conditions in
conjunction with any approved certificate of appropriateness to assure that the development is
consistent with the applicable design guidelines. The architectural review board also is
authorized to approve plans showing, or identifying in a certificate of appropriateness, existing
trees, wooded areas and natural areas to be preserved, the limits of grading or other land
disturbing activity including trenching and tunneling, in order to, among other things, protect
existing features, and grade changes requiring tree wells or tree walls.
Authority of zoning administrator to determine compliance with certificate of appropriateness.
The zoning administrator is authorized to determine whether a development, including a sign,
satisfies the terms and conditions of the certificate of appropriateness.
f. Effect of certificate of appropriateness. Each structure or associated improvement for which a
certificate of appropriateness was issued shall be established and maintained in accordance with
the terms, conditions and requirements of the certificate. Each site plan and building permit shall
demonstrate that the structures and associated site improvements will satisfy the terms, conditions
and requirements of the certificate.
(§ 30.6.4, 10 -3 -90; § 30.6.4.1, 10 -3 -90; 5- 18 -94; § 30.6.4.2, 10 -3 -90; §30.6.5(formerly § 30.6.3.2, 7 -8 -92;
Ord. 01- 18(3), 5- 9 -01); § 30.6.4, Ord. 10- 18(5), 5- 12 -10; Ord. 12- 18(2), 3- 14 -12)
Sec. 30.6.5 Development exempt from requirement to obtain certificate of appropriateness
The following development is exempt from the requirements of section 30.6:
a. Primary and accessory dwelling units if no site plan is required by this chapter.
b. Structures for agricultural or forestal uses if no site plan is required by this chapter.
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C. Temporary construction headquarters (section 5.1.18(a)), temporary construction yards
(section 5.1.18(b)), and temporary mobile homes (section 5.7).
d. Agricultural product signs, political signs, public signs, sandwich board signs, temporary
signs, window signs and signs exempt from the sign permit requirement under section
4.15.6.
e. The repair and maintenance of structures and site improvements where there is no
substantial change in design or materials.
f. The repair and maintenance of nonconforming structures or site improvements as
authorized by section 6.3(B).
g. Additions or modifications to structures or site improvements where there is no
substantial change in design or materials.
h. Additions or modifications to structures to the extent necessary to comply with the
minimum requirements of the Americans with Disabilities Act, the Fair Housing Act, or
any other similar federal or state law providing for the reasonable accommodation of
persons with disabilities.
i. Additions or modifications to nonconforming structures as authorized by sections
6.3(A)(3) and 6.3(A)(5).
j. Interior alterations to structures where there is no change in the exterior appearance of the
structures.
k. Issuance of permits classified in sections 5 -202, 5 -203, 5 -204 and 5- 208(A) if a building
permit has also been issued and the work authorized by the permit classified in those
sections does not change the external appearance of the structure.
1. Personal wireless service facilities.
(§ 30.6.6, 10 -3 -90; § 30.6.6.1, 10 -3 -90; § 30.6.6.2, 10 -3 -90, 6- 14 -00; § 30.6.6.3, 5- 18 -94; § 30.6.5; Ord.
10- 18(5), 5- 12 -10; Ord. 12- 18(2), 3- 14 -12)
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance 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
Ave Nay
Mr. Boyd
Ms. Dittmar
Ms. Mallek
Ms. McKeel
Ms. Palmer
Mr. Sheffield
Clerk, Board of County Supervisors
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