§ 17-6. Standards for Telecommunication Antennas and Towers.
17-6-1 Definitions: The following definitions shall apply in this section 17-6.
17-6-1.1 Alternative Tower Structure shall mean man-made trees, clock towers, bell towers, steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
17-6-1.2 Antenna shall mean any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves.
17-6-1.3 FAA shall mean the Federal Aviation Administration.
17-6-1.4 FCC shall mean the Federal Communications Commission.
17-6-1.5 Height, when referring to a tower or other structure, shall mean the distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna.
17-6-1.6 Tower shall mean any structure used for the purpose of supporting one or more antennas or microwave dishes, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, alternative antenna support structures such as buildings and rooftops, and other existing support structures.
17-6-2 Purposes, Goals and Application:
17-6-2.1 Purpose and goals. The purpose of this ordinance is to establish general guidelines for the siting of towers and antennas. The goals of this ordinance are to: (1) encourage the location of towers in non-residential areas and minimize the total number of towers and tower sites throughout the community; (2) encourage strongly the joint use of new and existing tower sites; (3) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; (4) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas; and (5) to provide adequate sites for the provision of telecommunication services with minimal negative impact on the resources of the County. This ordinance is intended to comply with all federal and state regulations.
17-6-2.2 General Applicability; Special Use Permit Required. The requirements set forth in this ordinance shall govern the location of towers that exceed, and antennas that are installed at greater than, the maximum height in the Zoning District in which they are to be located. A special use permit shall be required for such towers and antennas. No variance for such uses shall be required or will be appropriate.
17-6-2.3 Amateur Radio and Receive-Only Antennas. This section 17-6 shall not govern any tower, or the installation of any antenna, that is (1) less than the maximum height allowable in the Zoning District in which it is located and is owned and operated by a federally-licensed amateur radio station operator or is (2) used exclusively for receive only antennas. In addition, notwithstanding anything herein to the contrary, this section 17-6 shall not be construed or enforced to restrict amateur radio antenna height to less than two hundred (200) feet above ground level as permitted by the FCC, or to restrict the number of amateur radio antenna support structures.
17-6-2.4 Existing Structures and Towers. The placement of an antenna on an existing structure such as a building, sign, light pole, silo, water tank, or other free-standing non-residential structure or existing tower constructed before February 2, 1999, or which has been previously approved by the County shall be permitted provided the addition of the antenna shall not add more than twenty (20) feet in height to the structure or tower and provided, however, that such permitted use may include the placement of additional buildings or other supporting equipment used in connection with said antenna so long as such building or equipment is placed within the existing structure or property and is necessary for such use and further provided that such permitted increase in height does not result in a change in the lighting status.
(Ord. of 3-6-2001)17-6-2.5 Small Broadband Facilities (SBFs). The following uses shall not require a conditional or special use permit.
a.
Applicability.
1.
SBFs of less than the maximum height allowed in the general regulations for the underlying zoning district.
2.
SBFs greater than the maximum height allowed in the general regulations for the underlying zoning district, but less than one hundred (100) feet tall;
3.
A SBF located, co-located or combined on an existing or alternative support structure of any height, provided that: (i) The addition of said SBF does not increase the height of the existing structure beyond a maximum height of one hundred (100) feet; (ii) The addition of the SBF does not require expansion of the footprint of the support structure or the associated equipment compound; and (iii) any equipment compound associated with the SBF shall be brought into compliance with applicable landscaping requirements as found in Article 33.
4.
Small Cell Facilities as regulated by and in accordance with Code of Virginia, § 15.2-2316.4.
b.
General Requirements.
1.
Owner's responsibility. It is the responsibility of the owner of a SBF and/or the landowner to maintain it in a safe and usable condition and remove it once its useful life has ended.
2.
Notice to repair. If the county finds and declares that a SBF has fallen into disrepair, become unsafe or a danger to the public health safety and general welfare, the zoning administrator may issue a written notice to the owner of the wireless communication facility or the property on which it is located, or both, demanding that the nuisance be abated within thirty (30) days or such period of time as the county building official may determine is reasonable.
3.
The county is not responsible for maintenance of a SBF.
4.
The applicant shall obtain all required zoning and/or building permits for the SBF; including submitting any necessary documentation to ensure structural integrity.
5.
SBF(s) .....shall not be lighted.
6.
No signage of any type shall be placed on the SBF.
7.
All associated equipment including but not limited to the antennas, dishes, and any other mechanical, electrical or supporting should be installed with material and colors that are as visually unobtrusive as practical.
c.
Setbacks.
1.
Any free-standing support structure for a SBF as well as any other ancillary equipment associated with a SBF shall be subject to the accessory use setbacks as found in each applicable zoning district.
(Ord. of 1-3-2018)17-6-3 Use Regulations, General Guidelines and Requirements:
17-6-3.1 Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses when considering area requirements on a given lot or parcel of land. A different existing use or an existing structure on the same lot or parcel shall not preclude the installation of an antenna or towers on such lot or parcel. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, and other such requirements, the dimensions of the entire lot or parcel shall control, even though the antenna or tower may be located on a leased area within such lot or parcel. Towers that are constructed, and antennas that are installed, in accordance with provisions of this section 17-6 shall not be deemed to constitute the expansion of a nonconforming use or structure.
17-6-3.2 Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the Culpeper County Planning and Zoning Department an inventory of the existing facilities owned, operated or under the effective control of the applicant, the applicant's parent company or any of its affiliates that are either within Culpeper County or within five (5) miles of the border thereof, including specific information about the location, height, and design of each tower. The planning and zoning department may share such information with other applicants applying for approvals or special use permits under this ordinance or with other organizations seeking to locate antennas within Culpeper County, provided, however that the planning and zoning department is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
17-6-3.3 Design, Aesthetics and Lighting. The guidelines set forth in this section shall govern the location of all towers and the installation of all antennas governed by this ordinance; provided, however, that the Board of Supervisors may waive any of these requirements if it determines that the goals of this ordinance are better served thereby.
a.
Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, so as to reduce visual obtrusiveness. Dish antennas will be of a neutral, non-reflective color with no logos.
b.
At a facility site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and the built environment.
c.
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
d.
Towers shall not be artificially lighted, unless required by the FAA, the Board of Supervisors, or other applicable authority. If lighting is required, the lighting shall be designed in a manner which would cause the least disturbance to the surrounding views, and comply with FAA guidelines.
e.
No advertising of any type may be placed on the tower or accompanying facility unless as part of retrofitting an existing sign structure.
f.
Towers shall be designed to collapse within the lot lines or parcel boundaries in case of structural failure.
g.
Towers shall be located a minimum of one mile from any designated Virginia Scenic Byway. This provision shall not apply to Emergency Communication Towers.
(Ords. of 10-3-2000; 2-6-2001(4))Editor's note— The ordinance of 10-3-2000 deleted former Subsection f, and added a new Subsection g.
17-6-3.4 Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this ordinance shall bring such towers and antennas into compliance with such revised standards as required. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for revocation of the use permit and the removal of the tower or antenna at the owner's expense.
17-6-3.5 Building Codes. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable federal, state and local building codes and regulations.
17-6-3.6 Information Required. Each applicant requesting a special use permit under this section 17-6 shall submit the following information and documentation.
a.
A scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information deemed by the Planning Commission or the Board of Supervisors to be necessary to assess compliance with this ordinance. Additionally, applicant shall provide actual photographs of the site from relevant views designated by the County that include a simulated photographic image of the proposed tower. The photograph with the simulated image shall include the foreground, the mid-ground and the background of the site.
b.
An engineering report, including a structural analysis stating the load bearing capability of the tower must be submitted by the applicant. In addition for all towers in PCTDA locations, such report shall certify that the proposed tower is compatible for co-location with a minimum of six (6) similar users including the primary user, must be submitted by the applicant.
(Ord. of 10-3-2000)Editor's note— The ordinance of 10-3-2000 added the second clause to the first sentence, the first clause to the second sentence and increased the minimum number of co-location users required.
c.
The applicant shall provide copies of their co-location policy.
d.
The applicant shall provide copies of propagation maps demonstrating that proposed antenna locations, including possible co-locator antenna locations, are no higher in elevation than necessary to provide the desired coverage.
e.
The applicant shall provide a copy of Form 7460-1 which must be filed with the FAA. The applicant must also provide proof of FAA approval and an indication of the lighting requirements imposed by the FAA.
(Ord. of 10-3-2000)Editor's note— The ordinance of 10-3-2000 added Subsection e to this section.
17-6-3.7 Factors Considered in Granting Special Use Permits for New Towers or Poles. The Board of Supervisors shall consider the following factors in determining whether to issue a special use permit, although the Board of Supervisors may waive or reduce the burden on the applicant of one or more of these criteria if it concludes that the goals of this ordinance are better served thereby.
a.
Height of the proposed tower or pole;
b.
Proximity of the tower or pole to residential structures and residential district boundaries;
c.
Nature of the uses on adjacent and nearby properties;
d.
Surrounding topography;
e.
Surrounding tree coverage and foliage;
f.
Design of the tower or pole, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
g.
Proposed ingress and egress;
h.
Co-location policy;
i.
Language of the lease agreement, particularly any language dealing with co-location;
j.
Consistency with the comprehensive plan and the purposes to be served by zoning;
k.
Availability of suitable existing towers and other structures as discussed below; and
l.
Proximity to commercial or private airports.
m.
Compliance with the goals, objectives and policies set forth in Chapter VI.B of the Culpeper County Comprehensive Plan for Commercial Wireless Technology Facilities.
(Ord. of 10-3-2000)Editor's note— The ordinance of 10-3-2000 added subsection in to this section.
17-6-3.8 Availability of Suitable Existing Towers or Other Structures. No new tower shall be permitted unless the applicant clearly demonstrates to the reasonable satisfaction of the Board of Supervisors that no existing tower or structure or an alteration, extension or adaptation thereof can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure or an extension thereof can accommodate the applicant's proposed antenna may consist of any of the following:
a.
No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements.
b.
Existing towers or structures are not of sufficient height to meet applicant's engineering requirements, and cannot be extended, altered or adapted to meet such requirements.
c.
Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment, and cannot be altered, adapted or reinforced to provide sufficient structural strength.
d.
The applicant's proposed antenna would cause electromagnetic interference with the antenna(s) on the existing towers or structures, or the antenna(s) on the existing towers or structures would cause interference with the applicant's proposed antenna, and further that an extension, adaptation or alteration of the existing towers or structures would not eliminate or reduce such interference within acceptable limits.
e.
The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to extend, adapt or alter an existing tower or structure for sharing are unreasonable.
f.
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
17-6-3.9 Setbacks. The following setback requirements shall apply to all telecommunications facilities and antennas for which a special use permit is required; provided, however, that the Board of Supervisors may reduce the standard setback requirements if the goals of this ordinance would be better served thereby.
a.
Towers must be set back a distance equal to two hundred percent (200%) of the height of the tower from any off-site residential structure and in no case less than four hundred (400) feet.
b.
Towers, guys, and accessory facilities must satisfy the minimum zoning district setback requirements for primary structures.
17-6-3.10 Security Fencing. Towers shall be enclosed by security fencing not less than six (6) feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the Board of Supervisors may waive such requirements, as it deems appropriate.
17-6-3.11 Landscaping. The following requirements shall govern the landscaping surrounding towers for which a special use permit is required, however, the Board of Supervisors may waive such requirements if the goals of this ordinance would be better served thereby.
a.
Telecommunications facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the support buildings from adjacent property. The standard buffer shall consist of a landscaped strip at least four (4) feet wide outside the perimeter of the facilities.
b.
In locations in which the Board of Supervisors finds that the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived altogether.
c.
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, the Board of Supervisors may determine that the natural growth around the property perimeter may be sufficient buffer.
d.
Existing trees within one hundred (100) feet of the tower shall not be removed except as may be authorized to permit construction of the tower and installation of access for vehicles or placement of support structures and equipment. Such tree preservation must be assured by including the affected area within the property to be controlled by the owner of the tower.
(Ords. of 10-3-2000; 3-6-2001)Editor's note— The ordinance of 10-3-2000 lowered the tree preservation area to one hundred (100) feet from two hundred (200) feet and added the last sentence of this subsection.
17-6-3.12 Local Government Access. Owners of towers shall provide the County co-location opportunities as a community benefit to improve radio communication for County departments and emergency services provided it does not conflict with the colocation requirement of Subsection 17-6-3.6(b). At least one space shall be available for County use on all towers at the time of use permit approval, and in no event shall that space be occupied by another user without providing the County at least sixty (60) days written notice and an opportunity for the County to lease the space at that time.
17-6-3.13 Removal of Abandoned Antennas and Towers. Any antenna or tower that is not operated for a continuous period of twenty-four (24) months shall be considered abandoned, and the owner of such antenna or tower shall remove same within ninety (90) days of receipt of notice from the County notifying the owner of such removal requirement. Removal includes the removal of the tower, all tower and fence footers, underground cables and support buildings. The buildings may remain with then-current property owner's approval, provided they remain screened as provided above. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower. If the tower is not removed as required herein, the County may require the property owner to have it removed.
17-6-3.14 Required Yearly Report. The owner of each such antenna or tower shall submit a report to the Culpeper County Planning and Zoning Department once every two (2) years, between June 1 and July 1. Updates of these reports shall be provided at the request of the County at any time, within fifteen (15) days of such a request. The report shall state the current user status of the tower, including an inventory of any leased spaces or antennas on the tower, the details of any such leased spaces or antennas, the owner(s) of any such lease or antennas, and current contact information on such owner(s). The report shall further certify compliance with all then-applicable federal, state and local laws, regulations, codes and ordinances. Immediate notification shall be given any time that all spaces on the tower are no longer leased.
17-6-3.15 Review Fees. All tower applications shall be referred to a professional engineer for technical review. The fees for such a review shall be paid by the applicant up front, at the time of application. This fee will be in addition to the use permit application fee. The technical review shall be considered by the Planning Commission and the Board of Supervisors in addition to their consideration of land use and other issues. A favorable review does not insure that an application is appropriate.
(Ord. of 10-3-2000)Editor's note— Amendment of 10-3-2000 completely rewrote this section 17-6-3.15. Amendment of 2-2-1999 added a new section 17-6 to the Zoning Ordinance to establish and set forth standards for telecommunications antennas and towers.
Editor's note
Amendment of 10-3-2000 completely rewrote this section 17-6-3.15. Amendment of 2-2-1999 added a new section 17-6 to the Zoning Ordinance to establish and set forth standards for telecommunications antennas and towers.