HomeMy WebLinkAboutZTA201100001 Legacy Document 2011-06-07 (2)ZTA- 2011 -01 Wireless Broadband
Attachment A
RESOLUTION OF INTENT
WHEREAS, County Code § 18 -3.1 defines "personal wireless service facilities" and the definition does
not include facilities that provide wireless internet broadband access; and
WHEREAS, by declaratory ruling of the Federal Communications Commission, wireless broadband
internet access facilities that are commingled with a provider's personal wireless service facilities would be
"personal wireless service facilities" under relevant provisions of federal law and County Code § 18 -3.1; and
WHEREAS, under current zoning regulations, facilities that provide wireless internet broadband access
that are not commingled with a provider's personal wireless service facilities require a special use permit as
"radio -wave transmission towers "; and
WHEREAS, County Code § 18- 5.1.40 establishes the regulations for reviewing applications for
personal wireless facilities, and these regulations impose standards designed to protect the public health, safety
and general welfare but also provide for an efficient and economical review of such applications; and
WHEREAS, the regulations and standards in County Code § 18- 5.1.40 were developed from research
and practical experience, and it would be reasonable for those regulations and standards to be applied to all
facilities that provide wireless internet broadband access; and
WHEREAS, it is desired to amend the definition of "personal wireless service facilities" to include
facilities that provide wireless internet broadband access in order to allow applications for those facilities to be
reviewed and acted upon under County Code § 18- 5.1.40.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience,
general welfare and good zoning practices, the Albemarle County Planning Commission hereby adopts a
resolution of intent to amend County Code § 18 -3.1 and any other regulations of Chapter 18, Zoning, of the
County Code deemed 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 by this resolution of intent, and make its recommendation to the Board of
Supervisors, at the earliest possible date.
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