ORDINANCE NO.  04-18(  )

 

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, of the Code of the County of Albemarle are amended and reordained as follows:

 

By Amending:

 

Sec. 3.1                        Definitions

Sec. 5.1.40        Personal wireless service facilities

Sec. 10.2.1        By right

Sec. 10.2.2        By special use permit

Sec. 12.2.1        By right

Sec. 12.2.2        By special use permit

Sec. 13.2.1        By right

Sec. 13.2.2        By special use permit

Sec. 14.2.1        By right

Sec. 14.2.2        By special use permit

Sec. 15.2.1        By right

Sec. 15.2.2        By special use permit

Sec. 16.2.1        By right

Sec. 16.2.2        By special use permit

Sec. 17.2.1        By right

Sec. 17.2.2        By special use permit

Sec. 18.2.1        By right

Sec. 18.2.2        By special use permit

Sec. 19.3.1        By right

Sec. 19.3.2        By special use permit

Sec. 20.3.1        By right

Sec. 20.3.2        By special use permit

Sec. 20A.6        Permitted uses

Sec. 22.2.1        By right

Sec. 22.2.2        By special use permit

Sec. 23.2.1        By right

Sec. 23.2.2        By special use permit

Sec. 24.2.1        By right

Sec. 24.2.2        By special use permit

Sec. 25.2.2        By special use permit

Sec. 27.2.1        By right

Sec. 27.2.2        By special use permit

Sec. 28.2.1        By right

Sec. 28.2.2        By special use permit

Sec. 30.3.5.1.1  By right within the floodway

Sec. 30.3.5.2.1  By special use permit within the floodway

 


 

Chapter 18.  Zoning

 

Article I.  General Provisions

 

Sec. 3.1  Definitions                             

 

Antenna array: An orderly arrangement of antennas mounted at the same height on a tower or other structure and intended to transmit a signal providing coverage over a specific area for a single provider of personal wireless services.

 

Avoidance area: An area having significant resources where the siting of personal wireless service facilities could result in adverse impacts as follows: (i) any ridge area where a personal wireless service facility would be skylighted; (ii) a parcel within an agricultural and forestal district; (iii) a parcel within a historic district; (iv) any location in which the proposed personal wireless service facility 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; or (v) any location within two hundred (200) feet of any state scenic highway or by-way.

 

Personal wireless service facility: A facility for the provision of personal wireless services, as defined by 47 U.S.C. § 332 (Section 704 of the Telecommunications Act of 1996), including those Federal Communications Commission licensed commercial wireless telecommunications services such as cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), and unlicensed wireless services and common carrier wireless exchange access services.  The use identified in this chapter as “microwave and radio-wave transmission and relay towers, substations and appurtenances” includes personal wireless service facilities.

 

Reference tree: A tree designated for determining the top height of a treetop facility’s monopole mounting structure.  This may either be the tallest tree within twenty five (25) feet of the proposed monopole or a shorter tree that has been strategically identified for screening and camouflaging purposes.

 

Ridge area: All land within one hundred (100) vertical feet of, and including, the ridgeline and peaks of a mountain or chain of mountains, as identified on a ridge area map approved by the board of supervisors.

 

Ridgeline: The uppermost line created by connecting the peaks of a mountain or chain of mountains, and from which land declines in elevation on at least two (2) sides, as identified on a ridge area map approved by the board of supervisors.

 

Skylight:  Locating a personal wireless service facility in such a way that the sky is the backdrop of any portion of the facility.  Skylight has the same meaning as “skylining,” as that term is used in the wireless policy.

 

Tier I personal wireless service facility or Tier I facility: A personal wireless service facility that: (i) is located entirely within an existing building but which may include a self-contained shelter or cabinet not exceeding one hundred fifty (150) square feet that is not within the building or a whip antenna that satisfy the requirements of section 5.1.40(c); (ii) consists of one or more antennas, other than a microwave dish, attached to an existing conforming structure other than a flag pole, that do not exceed the height of the structure, and are flush mounted to the structure, together with associated personal wireless service equipment; or (iii) is located within or camouflaged by an addition to an existing structure determined by the agent to be in character with the structure and the surrounding district.

 

Tier II personal wireless service facility or Tier II facility:  A personal wireless service facility that is a treetop facility not located within an avoidance area.

 

Tier III personal wireless service facility or Tier III facility: A personal wireless service facility that is neither a Tier I nor a Tier II facility, including a facility that was not approved by the commission or the board of supervisors as a Tier II facility.

 

Treetop facility:  A personal wireless service facility consisting of a self-supporting monopole having a single shaft of wood, metal or concrete no more than ten (10) feet taller than the crown of the tallest tree within twenty-five (25) feet of the monopole, measured above sea level (ASL), and includes associated antennas, mounting structures, an equipment cabinet and other essential personal wireless service equipment.

 

Article II.  Basic Regulations

 

Sec. 5.1.40  Personal wireless service facilities

 

The purpose of this 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 personal wireless service facility shall include the following information:

 

1.         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.

 

2.         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 survey exists, a copy of the legal description of the parcel and the Albemarle County Circuit Court deed book and page number.

 

3.         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.         Except where the facility will be located entirely within an existing structure, a scaled plan and a scaled elevation view and other supporting drawings, calculations, and other documentation required by the director of planning and community development agent, signed and sealed by an appropriate licensed professional.  The plans and supporting drawings, calculations and documentation shall show:

 

(a)        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 including the maximum height above ground of the facility (also identified in height above sea level).

 

                        (b)        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.

 

(bc)      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)        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.

 

                        (ce)      Except where the facility would be attached to an existing structure, 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.

 

(df)       The height, caliper and species of all trees where the dripline is located within fifty (50) feet of any proposed monopole or tower relied upon to establish the proposed height and/or screening of the monopole or tower of the facility that are relied upon to establish the proposed height and/or screening of the monopole.  All trees that will be adversely impacted or removed during installation or maintenance of the facility shall be noted, regardless of their distances to the facility.

 

(eg)      All existing and proposed setbacks, parking, fencing and landscaping.

 

(fh)       The location of all existing accessways and the location and design of all proposed accessways. 

 

(gi)       Except where the facility would be attached to an existing structure, residential and commercial structures, and residential and rural areas zoning district boundaries, agricultural and forestal district boundaries and parcels subject to conservation easements within two thousand (2,000) feet of the facility.

 

(hj)       If the proposed tower will be taller than one hundred fifty (150) feet, Tthe proximity of the facility to commercial and private airports.

 

5.         Photographs, 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.

 

6.         For any proposed monopole or tower, photographs taken of a balloon test, which shall be conducted as follows: 

 

(a)        The applicant shall contact the department of planning and community development agent within thirty (30) 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 sixty (60) forty (40) days after the date the application was submitted, and the applicant shall provide the department 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 department agent.

 

(b)        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.

(bc)      The test shall consist of raising one or more balloons from the site to a height equal to the proposed facility. 

 

(cd)      The balloons shall be of a color or material that provides maximum visibility.

 

(de)      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 director of planning and community development agent.  The applicant shall identify the camera type, film size, and focal length of the lens for each photograph.

           

7.         If antennas are proposed to be added to an existing structure, all existing antennas and other equipment on the structure, 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.

 

8.         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. 

 

b.         General regulations Exemption from regulations otherwise applicable: Except as otherwise provided exempted in this paragraph, each facility shall be subject to all applicable regulations in this chapter.

 

1.         Notwithstanding section 4.2.3.1 of this chapter, a facility may be located in an area on a lot or parcel other than a building site.

 

2.         Notwithstanding section 4.10.3.1(b) of this chapter, the director of planning and community development agent may authorize a facility to be located closer in distance than the height of the tower or other mounting structure to any lot line if the applicant obtains an easement or other recordable document showing agreement between the lot owners, acceptable to the county attorney prohibiting, addressing development on the part of the abutting lot parcel sharing the common lot line that is within the facility’s fall zone (e.g., the setback of an eighty (80) foot-tall facility could be reduced to thirty (30) feet if an easement is established prohibiting development on the abutting lot within a fifty (50) foot 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.

 

3.         The area and bulk regulations or minimum yard requirements of the zoning district in which the facility will be located shall not apply.

 

4.         Notwithstanding section 4.11 of this chapter, a facility may be located in a required yard.

 

5.         Notwithstanding section 32.2 of this chapter, 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 director of planning and community development agent to determine whether the facility complies with section 32.  In making this determination, the director agent may impose reasonable conditions authorized by section 32 in order to assure compliance. 

 

6.         A facility, other than a microwave dish, attached to an existing structure other than a tower or pole and which does not exceed the height of the existing structure and is flush mounted to the structure, shall be permitted as a by right use; provided, however, it shall be subject to all applicable regulations applying to the existing structure and to the regulations set forth in subsection 5.1.40(c).

 

7.         A facility located entirely within an existing building shall be permitted as a by right use; provided, however, it shall be subject to all applicable regulations applying to the building.  Such a by right use facility may include a self-contained shelter or cabinet not located within a building if it is screened from public view or a whip antennae less than six (6) inches in diameter which exceeds the height of the existing building.

 

c.         Regulations applicable to a facility attached to an existing structure Tier I facilitiesA by right use facility described in subsection 5.1.40(b)(6) shall be installed and operated subject to the following regulations Each Tier I facility may be established upon approval of an application satisfying the requirements of subsection 5.1.40(a) by the agent, demonstrating that the facility will be installed and operated in compliance with all applicable provisions of this chapter, satisfying all conditions of the architectural review board, and meeting the following conditions:

           

1.         The facility shall comply with subsection 5.1.40(b).

 

12.        The facility shall be designed, constructed 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 of this chapter; (iii) any equipment cabinet not located within the existing structure shall be screened from public view from all lot lines either by terrain, existing structures, existing vegetation, or by added vegetation approved by the county’s landscape planner; (iv) a whip antenna less than six (6) inches in diameter may exceed the height of the existing structure; (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 facility or the structure; and (vi) within one month after the completion of the installation of the facility, the applicant shall provide a statement to the department of planning and community development agent certifying that the height of all components of the facility complies with this regulation.

 

23.        Equipment shall be attached to the exterior of a structure only as follows: (i) the total number of arrays of antennas attached to the existing structure shall not exceed three (3), and each antenna proposed to be attached 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) only flush mounted antennas shall be permitted; no antenna shall project from the structure 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 existing structure; and (iii) each antenna and associated equipment shall be a color that matches the existing structure.  For purposes of this section, all types of antennas and dishes regardless of their use shall be counted toward the limit of three arrays.

 

34.        Prior to beginning construction or installation of any equipment cabinet not located within the existing structure, or installation of access for vehicles or utilities, a tree conservation plan, developed by a certified arborist, specifying tree protection methods and procedures, and identifying any existing trees to be removed on the site both inside and outside the access easement and lease area shall be submitted to the director of planning and community development for approval.  All construction or installations associated with the equipment cabinet, including necessary access for construction or installation, shall be in accordance with this tree conservation plan.  Except for the tree removal expressly authorized by the director, the applicant shall not remove existing trees within two hundred (200) feet of the lease area, or the vehicular or utility access.  Prior to issuance of a building permit, 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 assure that all applicable requirements have been satisfied.  The plan shall specify tree protection methods and procedures, and identify all existing trees to be removed on the parcel for the installation,  operation and maintenance of the facility.  Except for the tree removal expressly authorized by the agent, 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.  In addition, the agent may identify additional trees or lands up to two hundred (200) feet from the lease area to be included in the plan. 

 

5.         The installation, operation and maintenance of the facility shall be conducted in accordance with the tree conservation plan.  Dead and dying trees identified by the arborist’s report may be removed if so noted on the tree conservation plan.  If tree removal is later requested that was not approved by the agent when the tree conservation plan was approved, the applicant shall submit 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 assure that the purposes of this paragraph are achieved.   

 

46.        The facility shall be disassembled and removed from the site within ninety (90) days of the date its use for wireless telecommunications 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) the annual report states that the tower or pole is no longer being used for personal wireless service facilities; (ii) the annual report was not filed; (iii) there is a change in technology that makes it likely that tower or pole will be unnecessary in the near future; (iv) the permittee fails to comply with applicable regulations or conditions; (v) the permittee fails to timely remove another tower or pole within the county; and (vi) whenever otherwise deemed necessary by the agent.      

   

57.        The applicant owner of the facility shall submit a report to the zoning administrator agent by no earlier than May or and no later than July 1 of each year.  The report shall identify each user of the existing structure that is a wireless telecommunications service provider, and include a drawing, photograph or other illustration identifying which equipment is owned and/or operated by each personal wireless service provider.  Multiple users on a single tower or other mounting structure may submit a single report, provided that the report includes a statement signed by a representative from each user acquiescing in the report.

 

68.        No slopes associated with construction the installation of the facility and 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.

 

            7.         The regulations in section 5.1.12(a), (b) and (c) of this chapter shall apply.

89.        Any equipment cabinet not located within the existing structure an existing building shall be: (i) fenced only with the approval of the director of planning and community development 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; (ii) screened from all lot lines either by the terrain, existing structures, existing vegetation, or by added vegetation approved by the county’s landscape planner.

 

d.         Tier II facilities. Each Tier II facility may be established upon commission approval 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, criteria (1) through (8) below, and satisfying all conditions of the architectural review board.  The commission shall act on each application within the time periods established in section 32.4.2.6.  The commission shall approve each application, without conditions, once it determines that all of these requirements have been satisfied.  If the commission denies an application, it shall identify which requirements were not satisfied and inform the applicant what needs to be done to satisfy each requirement.

 

1.         The facility shall comply with subsection 5.1.40(b) and subsection 5.1.40(c)(2) through (9).

 

2.         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.  If the facility would be visible from a state scenic river or a national park or national forest, regardless of whether the site is adjacent thereto, the facility also shall be sited to minimize its visibility from such river, park or forest.  If the facility would be located on lands subject to a conservation easement or an open space easement, the facility shall be sited to so that it is not visible from any resources specifically identified for protection in the deed of easement.

 

3.         The facility shall not adversely impact resources identified in the county’s open space plan.

 

4.         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.

 

5.         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.

 

6.         The top of the monopole, measured in elevation above mean sea level, shall not exceed the height approved by the commission.  The approved height shall not be more than seven (7) 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 pole above the pre-existing natural ground elevation; provided that the height approved by the commission may be up to ten (10) feet taller than the tallest tree if the owner of the facility demonstrates to the satisfaction of the commission that there is not a material difference in the visibility of the monopole at the proposed height, rather than at a height seven (7) feet taller than the tallest tree; and there is not a material difference in adverse impacts to resources identified in the county’s open space plan caused by the monopole at the proposed height, rather than at a height seven (7) feet taller than the tallest tree.  The applicant may appeal the commissioner’s denial of a modification to the board of supervisors as provided in subsection 5.1.40(d)(12).

 

7.         Each wood monopole shall be a dark brown natural wood color; each metal or concrete monopole shall be painted a brown wood color to blend 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 cabinet, 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 be of such a color if they are enclosed within or behind an approved structure, façade 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 and concrete pad invisible at any time of year from any other parcel or a public or private street.

 

8.         Each wood 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 pole to face the interior of the property 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.

 

9.         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 assure that all applicable requirements have been satisfied.

 

10.        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 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 of the commission’s consideration of an application for a Tier II facility shall be sent by the agent to the owner of each lot abutting the lot 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, the appropriate county office where the complete Tier II facility application may be viewed, and the date, time and location where the commission will consider the application.  The notice shall be mailed by first class mail or hand delivered at least ten (10) days prior to the commission meeting.  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 Tier II facility and shall not be the basis for an appeal.

 

12.        The board of supervisors may consider an application for a Tier II facility only upon an appeal of the denial of the application by the commission.  An appeal shall be submitted in writing in the office of the agent within ten (10) calendar days after the date of the denial by the commission.  In considering an appeal, the board may affirm, reverse, or modify in whole or in part, the decision of the commission, and its decision shall be based upon the requirements delineated in this subsection (d).  

 

13.        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.  

 

e.         Tier III facilities. Each Tier III facility may be established upon approval of a special use permit issued pursuant to section 31.2.4 of this chapter, initiated upon an application satisfying the requirements of subsection 5.1.40(a) and section 31.2.4, and it shall be installed and operated in compliance with all applicable provisions of this chapter and the following:

 

1.         The facility shall comply with subsection 5.1.40(b), subsection 5.1.40(c)(2) through (9), and subsection 5.1.40(d)(2), (3), (6) 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.

 

Article III.  District Regulations

 

Sec. 10.2.1 By right

 

The following uses shall be permitted in any RA district subject to the requirements and

limitations of these regulations:

 

            22.  Tier I and Tier II personal wireless service facilities (reference 5.1.40).

 

Sec. 10.2.2 By special use permit

 

            The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to section 31.2.4:  (Added 10-9-02)

 

      48.  Tier III personal wireless service facilities (reference 5.1.40)

 

Sec. 12.2.1 By right

 

The following uses shall be permitted subject to requirements and limitations of this ordinance:

 

16.  Tier I and Tier II personal wireless service facilities (reference 5.1.40).

 

Sec. 12.2.2 By special use permit

 

The following uses shall be permitted only by special use permit approved by the board

of supervisors pursuant to section 31.2.4:

 

      16.  Tier III personal wireless service facilities (reference 5.1.40)

 

Sec. 13.2.1 By right

 

The following uses shall be permitted subject to requirements and limitations of this ordinance:

 

13.  Tier I and Tier II personal wireless service facilities (reference 5.1.40).

Sec. 13.2.2 By special use permit

 

The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to section 31.2.4:

 

      12.  Tier III personal wireless service facilities (reference 5.1.40)

 

Sec. 14.2.1 By right

 

The following uses shall be permitted subject to requirements and limitations of this ordinance:

13.  Tier I and Tier II personal wireless service facilities (reference 5.1.40).

 

Sec. 14.2.2 By special use permit

 

The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to section 31.2.4:

 

            14.  Tier III personal wireless service facilities (reference 5.1.40)

 

Sec. 15.2.1 By right

 

The following uses shall be permitted subject to requirements and limitations of this ordinance:

 

15.  Tier I and Tier II personal wireless service facilities (reference 5.1.40).

 

Sec. 15.2.2 By special use permit

 

The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to section 31.2.4:

 

16.  Tier III personal wireless service facilities (reference 5.1.40)

 

Sec. 16.2.1 By right

 

The following uses shall be permitted subject to the requirements and limitations of this ordinance:

 

16. Tier I and Tier II personal wireless service facilities (reference 5.1.40).

 

Sec. 16.2.2 By special use permit

 

The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to section 31.2.4:

 

16.  Tier III personal wireless service facilities (reference 5.1.40)

 

Sec. 17.2.1 By right

 

The following uses shall be permitted subject to the requirements and limitations of this ordinance:

 

16.  Tier I and Tier II personal wireless service facilities (reference 5.1.40).

 

Sec. 17.2.2 By special use permit

 

The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to section 31.2.4:

 

18.  Tier III personal wireless service facilities (reference 5.1.40)

 

Sec. 18.2.1 By right

 

The following uses shall be permitted subject to the requirements and limitations of this ordinance:

16.  Tier I and Tier II personal wireless service facilities (reference 5.1.40).

 

Sec. 18.2.2 By special use permit

 

The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to section 31.2.4:

 

18. Tier III personal wireless service facilities (reference 5.1.40)

 

Sec. 19.3.1 By right

 

The following uses shall be permitted subject to the requirements and limitations of this ordinance:

 

12.  Tier I and Tier II personal wireless service facilities (reference 5.1.40).

 

Sec. 19.3.2 By special use permit

 

The following uses shall be permitted only by special use permit, provided that no separate application shall be required for any such use as shall be included in the original PRD rezoning petition:

 

10.  Tier III personal wireless service facilities (reference 5.1.40)

 

Sec. 20.3.1 By right

 

The following uses shall be permitted subject to the requirements and limitations of this ordinance:

 

            12.  Tier I and Tier II personal wireless service facilities (reference 5.1.40).        

 

Sec. 20.3.2 By special use permit

 

The following uses shall be permitted only by special use permit, provided that no separate application shall be required for any such use included in the original PUD rezoning petition:

 

8.  Tier III personal wireless service facilities (reference 5.1.40)

 

Sec. 20A.6  Permitted uses

 

The following uses shall be permitted in an NMD, subject to the regulations in this section and section 8, the approved general development plan and code of development, and the accepted

proffers:

 

a.     By right uses.  The following uses are permitted by right:

 

9.  Tier I and Tier II personal wireless service facilities (reference 5.1.40).

 

Sec. 22.2.1 By right

 

The following uses shall be permitted in any C-1 district subject to the requirements and limitations of these regulations.  The zoning administrator, after consultation with the director of planning and other appropriate officials, may permit as a use by right, a use not specifically permitted; provided that such use shall be similar to uses permitted by right in general character and more specifically, similar in terms of locational requirements, operational characteristics, visual impact and traffic generation.  Appeals from the zoning administrator's decision shall be as generally provided in section 34.0.

 

b.   The following services and public establishments:

 

        27.  Tier I and Tier II personal wireless service facilities (reference 5.1.40).

 

Sec. 22.2.2 By special use permit

 

The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to section 31.2.4:

 

14.  Tier III personal wireless service facilities (reference 5.1.40)

 

Sec. 23.2.1 By right

 

The following uses shall be permitted in any CO district, subject to the requirements and limitations of these regulations:

 

14.  Tier I and Tier II personal wireless service facilities (reference 5.1.40).

 

Sec. 23.2.2 By special use permit

 

The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to section 31.2.4:

 

15.  Tier III personal wireless service facilities (reference 5.1.40)

 

Sec. 24.2.1 By right

 

The following uses shall be permitted in any HC district subject to the requirements and limitations of these regulations.  The zoning administrator, after consultation with the director of planning and other appropriate officials, may permit, as a use by right, a use not specifically permitted; provided that such use shall be similar to uses permitted by right in general character, and more specifically, similar in terms of locational requirements, operational characteristics, visual impact and traffic generation. Appeals from the zoning administrator's decision shall be as generally provided in section 34.0.

 

            45.  Tier I and Tier II personal wireless service facilities (reference 5.1.40).

 

Sec. 24.2.2 By special use permit

 

The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to section 31.2.4:

 

            17.  Tier III personal wireless service facilities (reference 5.1.40).

 

Sec. 25.2.2 By special use permit

 

6.  Tier III personal wireless service facilities (reference 5.1.40)

 

Sec. 27.2.1 By right

 

Except as otherwise limited by section 27.2.2.10, the following uses shall be permitted in any LI district subject to the requirements and limitations of these regulations:  (Amended 2-13-85)

 

19.  Tier I and Tier II personal wireless service facilities (reference 5.1.40).

 

Sec. 27.2.2 By special use permit

 

The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to section 31.2.4:

 

            17.  Tier III personal wireless service facilities (reference 5.1.40)

 

Sec. 28.2.1 By right

 

Except as otherwise limited by section 28.2.2.14, the following uses shall be permitted in any HI district subject to the requirements and limitations of these regulations:  (Amended 2-13-85)

 

25.  Tier I and Tier II personal wireless service facilities (reference 5.1.40).

 

Sec. 28.2.2 By special use permit

 

The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to section 31.2.4:

 

            18.  Tier III personal wireless service facilities (reference 5.1.40)

 

Sec. 30.3.05.1.1 By right within the floodway

 

The following uses or activities are authorized within the floodway as a matter of right:

8.  Tier I and Tier II personal wireless service facilities (reference 5.1.40).

 

Sec. 30.3.05.2.1 By special use permit within the floodway

 

            The following uses or activities are authorized within the floodway by special use permit:

 

7.  Tier III personal wireless service facilities (reference 5.1.40)

 

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