HomeMy WebLinkAbout12/17/2019 - Regular1
Vinton Town Council
Regular Meeting
Tuesday, December 17, 2019
NOTICE – IN ANTICIPATION OF LARGE ATTENDANCE, THE MEETING WILL BE HELD AT
THE VINTON WAR MEMORIAL, 814 WASHINGTON AVENUE
AGENDA
Consideration of:
A. 7:00 p.m. - ROLL CALL AND ESTABLISHMENT OF A QUORUM
• VINTON TOWN COUNCIL
• VINTON PLANNING COMMISSION
B. MOMENT OF SILENCE
C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG
D. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS
E. UPCOMING COMMUNITY EVENTS/ANNOUNCEMENTS
F. CONSENT AGENDA
G. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS
H. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions
for issues not listed on the agenda.
I. JOINT PUBLIC HEARINGS WITH VINTON PLANNING COMMISSION
1. Consideration of public comments regarding a Special Use Permit (SUP) Request of Bank
of Botetourt for a Drive-Up/Drive-Thru Facility in Conjunction with their Proposed Bank
Building, located at 410 S. Pollard Street, Tax Map Number 060.16-09-01.00, Zoned CB
Central Business District
a. Open Public Hearing
• Report from Staff – Nathan McClung
• Receive public comments
• Council/Planning Commission discussion and questions
b. Close Public Hearing
c. Planning Commission to make a recommendation
d. Council to consider adoption of an Ordinance
Keith N. Liles, Vice Mayor
Sabrina McCarty, Council Member
Janet Scheid, Council Member
Michael W. Stovall, Council Member
311 South Pollard Street
Vinton, VA 24179
(540) 983-0607
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2. Consideration of public comments regarding a proposed Ordinance to amend Appendix B,
Zoning, Article IV, District Regulations, Division 1, R-LD Residential Low Density District,
Section 4-2; Division 2, R-1 Residential District, Section 4-7; Division 3, R-2 Residential
District, Section 4-12; Division 4, R-3 Residential District; Section 4-17; Division 5, R-B
Residential Business District, Section 4-23; Division 6, GB General Business District,
Section 4-29; Division 7, CB Central Business District, Section 4-34; Division 8, M-1
Limited Industrial District, Section 4-40; Division 14, Mixed Use Development District
(MUD) District, Section 4-86; Article V, Supplementary Regulations, Division 9,
Telecommunication Facilities, Sections 5-61 through 5-66; Article VI, Nonconforming
Uses, Features, Structures and Lots, Section 6-12; Article VII, Administration &
Enforcement, Division 3, Site Plan Review, Sections 7-17 through 7-22, Section 7-25
through 7-26 and Article X, Definitions, Section 10-2 of the Vinton Town Code.
a. Open Public Hearing
• Report from Staff – Anita McMillan/Mike Lockaby
• Receive public comments
• Council/Planning Commission discussion and questions
b. Close Public Hearing
c. Planning Commission to make a recommendation
d. Council to consider adoption of an Ordinance
J. ADJOURNMENT OF THE PLANNING COMMISSION
K. TOWN ATTORNEY
L. TOWN MANAGER
1. BRIEFINGS
2. ITEMS REQUIRING ACTION
a. Consider adoption of an Ordinance to amend Chapter 82, Streets, Sidewalks, and
Other Public Places, Article I, In General, Sections 82-17 and 82-18, add a new
Section 82-19 and add a new Article V, Mopeds, Bicycles and Electric Power-
Assisted Bicycles, Scooters, and Skateboards to the Vinton Town Code – Nathan
McClung
b. Consider adoption of a Resolution declaring the Town of Vinton a Second
Amendment Sanctuary Town
3. COMMENTS/UPDATES
M. REPORTS FROM COUNCIL COMMITTEES
N. MAYOR
O. COUNCIL
P. ADJOURNMENT
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NEXT TOWN COUNCIL/COMMITTEE MEETINGS:
January 7, 2020 – 7:00 p.m. – Council Meeting - Council Chambers
NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT.
efforts will be made to provide assistance or special arrangements to qualified individuals with
disabilities in order to participate in or attend Town Council meetings. Please call (540) 983-0607 at
least 48 hours prior to the meeting date so that proper arrangements may be made.
Meeting Date
December 17, 2019
Department
Planning and Zoning
Issue
Consideration of public comments regarding a Special Use Permit (SUP) Request of Bank of Botetourt
for a Drive-Up/Drive-Thru Facility in Conjunction with their Proposed Bank Building, located at 410 S.
Pollard Street, Tax Map Number 060.16-09-01.00, Zoned CB Central Business District
Summary
On August 12, 2019, Town staff was approached by a potential purchaser of the subject property with
questions regarding the potential use and access for a drive thru window in conjunction with a permitted
use to be developed within the CB District. The party also inquired about the potential of allowing a
private property owner to utilize a public alley for access to this drive-up facility.
On October 7, 2019, the Bank of Botetourt sent a letter of mutual understanding to confirm the Town’s
support of the Bank’s proposed on-street parking on South Pollard Street and the Bank’s non-exclusive
use of the existing alley located to the south of the property and parallel to East Cleveland Avenue. A
schematic site plan was submitted as an illustrative tool to detail these proposed improvements and the
general layout of the development.
On October 24, 2019, Town staff sent a letter to the attorney of the Bank of Botetourt supporting the
Bank’s non-exclusive use of the existing alley with the request that this alleyway be upgraded to support
heavy traffic use and the loading/unloading functions of commercial vehicles. The request only covered
the portion of the alley to be utilized by their consumer base and clientele, rather than the full extent of
this alleyway. This same letter detailed the requirement of a Special Use Permit (SUP) for drive-up
facilities in conjunction with any permitted use in the CB District. The Bank’s application for this permit
was submitted on November 6, 2019 via email.
Town Council was briefed on this request at the Council meeting held on December 3, 2019.
Attachments
Staff Report and supporting documents
Ordinance
Recommendations
Conduct Public Hearing
Motion to adopt Ordinance
Town Council
Agenda Summary
STAFF REPORT
PETITIONER: Bank of Botetourt PREPARED BY: Nathaniel McClung
CASE NUMBER: 19-001 DATE: November 13, 2019
A. NATURE OF REQUEST
The Bank of Botetourt requests a Special Use Permit (SUP) for a drive-up/drive-thru facility in conjunction
with their proposed bank building, which is a permitted use and structure by right, located at 410 South
Pollard Street, tax map number 060.16-09-01.00, zoned CB Central Business District.
B. APPLICABLE REGULATIONS
Article IV, District Regulations, of Appendix B, Zoning, of the Town Code
Division 7, CB Central Business District
The intent of the CB district is to provide for the day-to-day and specialty shopping and service needs of the
community. It is intended to be a compact, densely developed and well-defined area having a strong
pedestrian orientation and urban shopping area character that is compatible with adjacent residential
neighborhoods. The permitted uses and regulations of the district are intended to promote an attractive
pedestrian environment with retail, personal service and office establishments at street level and with
minimal disruption from vehicle-oriented land uses and features that would detract from a safe, convenient
and economically viable pedestrian environment. The district is intended to promote continuity of a
storefront character with minimum interruption by driveways and vehicle traffic across public sidewalk
areas. The district regulations are also intended to preserve the predominant scale of the central business
area, promote retention and appropriate use of existing structures and encourage that new development be
compatible with the area.
§ 4-34 (a). Permitted uses and structures.
(3) Banks and other financial services.
§ 4-34 (b), Special Uses. The following uses and structures are permitted in the CB central business district,
subject to approval of a special use permit by the town council as set forth in article VII of this appendix:
(3) Drive-up facilities in conjunction with any use permitted in this district.
C. ANALYSIS OF EXISTING CONDITIONS
Background – On August 12, 2019, Town staff were approached by a potential purchaser of the subject
property with questions regarding the potential use and access for a drive thru window in conjunction with a
permitted use to be developed within the CB District. The party also inquired about the potential of allowing
a private property owner to utilize a public alley for access to this drive-up facility.
On October 7, 2019, the Bank of Botetourt sent a letter of mutual understanding to confirm the Town’s
support of the Bank’s proposed on-street parking on South Pollard Street and the Bank’s non-exclusive use
of the existing alley located to the south of the property and parallel to East Cleveland Avenue. A schematic
site plan was submitted as an illustrative tool to detail these proposed improvements and the general layout
of the development.
On October 24, 2019, Town staff sent a letter to the attorney of the Bank of Botetourt supporting the Bank’s
non-exclusive use of the existing alley with the request that this alleyway be upgraded to support heavy
traffic use and the loading/unloading functions of commercial vehicles. The request only covered the portion
of the alley to be utilized by their consumer base and clientele, rather than the full extent of this alleyway.
This same letter detailed the requirement of a Special Use Permit (SUP) for drive-up facilities in conjunction
with any permitted use in the CB District. The Bank’s application for this permit was submitted on
November 6, 2019 via email.
Location – 410 South Pollard Street, Portion of Lot 6, Sycamore and 1st Smith Land Subdivision.
Topography/Vegetation – The existing structure is located on a level lot. The corner lot is composed mostly
of impervious surface, but the conceptual site plan details the future use of landscaping elements.
Adjacent Zoning and Land Uses – The surrounding properties to the north, east, and south of the property are
all zoned CB central business. The properties to the north include the Vinton Municipal Building and the
Vinton Branch Library. The property to the east includes a pharmacy and restaurant. The properties to the
south include a church and miscellaneous personal service and retail uses. The property to the west, across
South Pollard Street, is zoned GB General Business and is the location of a medical facility.
D. ANALYSIS OF PROPOSED DEVELOPMENT
Site Layout/Architecture - The current property has contiguous means of entry along both South Pollard
Street and East Cleveland Avenue, and a rear entrance accessed from an alley. The existing structure is to be
demolished and a new structure is to be constructed on the property. The new building will be approximately
2,460 square feet, including an ATM and remote teller. The Petitioner has indicated the location of five (5)
standard parking spaces and one (1) accessible parking space. Approximately .059 acre will also be acquired
from Cundiff’s Properties, to the east, to accommodate the improvements.
Site Access – 10’ one-way alley accessed from South Pollard Street. Handicap parking accessed from East
Cleveland Avenue. On-street parking located along South Pollard Street.
Utilities – Public water and sewer services are available and the existing structure is served by public water
and sewer services.
E. COMPREHENSIVE PLAN/FUTURE LAND USE
The 2004 – 2024 Town Comprehensive Plan designates this property and the surrounding properties as
retail/service commercial land use area.
F. STAFF CONCLUSION
The proposed use as indicated in the special use permit application is consistent with the general
characteristics of the Downtown corridor and the intent of the CB Central Business District. Staff would
like to state that, with a special use permit request, the Planning Commission and Town Council are given
the opportunity to review the proposed request and impose such conditions as reasonably necessary to ensure
the use will be compatible with the surrounding area and consistent with the purposes of the Zoning
Ordinance.
Special Use Permit Application
Town of Vinton, Virginia
Department of Planning and Zoning
Mailing Address:311 S. Pollard Street, Vinton, VA 24179 Phone: 540-983-0605 Fax: 540-983-0621
Website: https://www.vintonva.gov
Property Address: ____________________________________________ Current Zoning: _______________
Tax Map ID #: _______________________________________________ Magisterial District_______________
Subdivision: ___________________________________ Lot: _______ Block: _______ Section: _______
OFFICE USE
Size of the parcel(s): ____________ AC ______________ Sq. ft.
Existing Land use:
Future Land use:
PC Date: TC Date:
Owner:Phone:
Address: Fax:
Email:
City/State/Zip:Owner’s Signature
Applicant: Phone:
Address: Fax:
Email:
City/State/Zip:
Representative: Phone:
Address: Fax:
Email:
City/State/Zip:
To be submitted as part of this application:
Attach Concept Plan of the proposed project. Plan must be 8 ½Plan shall show boundaries and dimensions of
property; location, widths, and names of all existing or platted streets within or adjacent to the development; all buildings,
existing and proposed, dimension, floor area and heights; dimensions and location of all driveways, parking spaces and loading
spaces; existing utilities (water, sewer) and connections at the site; landscaping and the like. Architect’s sketches showing
elevations of proposed buildings and complete plans are desirable and if available, should be filed with application.
Please submit any proffered conditions at the site and show how they are addressed.
The Planning Commission will study the special use permit request to determine the need and justification for the change in
terms of public health, safety, and general welfare. Please answer the following questions
1 of 2
Please answer all three questions as completely as possible. Attach additional pages if necessary.
1.Describe briefly the type of use and improvements proposed. State whether new buildings are to be
constructed, existing buildings are to be used, or additions made to existing buildings.
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
2.Why does applicant believe the location of the use in question on the particular property is essential
or desirable for the public convenience or welfare and will not be detrimental to the immediate
neighborhood?
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
3.Please describe the impact of the request on the property itself, the adjoining properties, and the
surrounding area, as well as the impacts on public services and facilities, including water/sewer,
roads, schools, parks/recreation, and fire/rescue.
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
I hereby certify that I am the owner of the property or the owner’s agent or contract purchaser and am
acting with the knowledge and consent of the owner.
Owner’s/Authorized Agent: ____________________________________________________________
2 of 2
ORDINANCE NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON
TUESDAY, DECEMBER 17, 2019, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF
THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON,
VIRGINIA.
AN ORDINANCE to approve the petition of the Bank of Botetourt for a Special Use Permit (SUP)
for a Drive-Up/Drive-Thru Facility in Conjunction with their Proposed Bank Building, located at
410 S. Pollard Street, Tax Map Number 060.16-09-01.00, Zoned CB Central Business District.
WHEREAS, on November 14, 2019, at a scheduled lunch work session, members of the
Planning Commission were briefed on the SUP request; and
WHEREAS, on December 2, 2019, a letter was mailed to surrounding property owners notifying
them of the SUP request and informing them of the dates and times of the joint
public hearing of the Planning Commission and Town Council; and
WHEREAS, on December 3, 2019, at the regularly scheduled meeting of Town Council, the
Council members were briefed on the SUP request; and
WHEREAS, the Planning Commission and the Town Council held a joint public hearing on
December 17, 2019, after giving notice in accordance with §15.2-2204, Code of
Virginia, as amended.
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Vinton, Virginia, that
the petition of the Bank of Botetourt for a Special Use Permit (SUP) for a Drive-Up/Drive-Thru
Facility in Conjunction with their Proposed Bank Building, located at 410 S. Pollard Street, Tax
Map Number 060.16-09-01.00, Zoned CB Central Business District be approved.
This Ordinance adopted on motion made by Council Member ________________ and seconded
by Council Member ____________________, with the following votes recorded:
AYES:
NAYS:
APPROVED:
__________________________________
Bradley E. Grose, Mayor
ATTEST:
____________________________________
Susan N. Johnson, CMC, Town Clerk
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Meeting Date
December 17, 2019
Department
Planning and Zoning/Town Attorney
Issue
Consideration of public comments regarding a proposed Ordinance to amend Appendix B, Zoning,
Article IV, District Regulations, Division 1, R-LD Residential Low Density District, Section 4-2;
Division 2, R-1 Residential District, Section 4-7; Division 3, R-2 Residential District, Section 4-
12; Division 4, R-3 Residential District; Section 4-17; Division 5, R-B Residential Business
District, Section 4-23; Division 6, GB General Business District, Section 4-29; Division 7, CB
Central Business District, Section 4-34; Division 8, M-1 Limited Industrial District, Section 4-40;
Division 14, Mixed Use Development District (MUD) District, Section 4-86; Article V,
Supplementary Regulations, Division 9, Telecommunication Facilities, Sections 5-61 through 5-
66; Article VI, Nonconforming Uses, Features, Structures and Lots, Section 6-12; Article VII,
Administration & Enforcement, Division 3, Site Plan Review, Sections 7-17 through 7-22, Section
7-25 through 7-26 and Article X, Definitions, Section 10-2 of the Vinton Town Code.
Summary
On November 5, 2019 Council was briefed by Michael Lockaby, a law partner of Jeremy Carroll,
Town Attorney, on Cox Communications’ request to use the Town’s public rights-of-way and
Town-owned facilities such as street lights and traffic signal poles for their small cell facilities.
The Planning Commission held its work session on the proposed wireless facilities regulations on
Thursday, November 14, 2019.
A Request for Proposals (RFP) for a non-exclusive, long-term franchise to use and occupy the
Town’s public rights-of-ways for the purpose of constructing, installing, and maintaining wireless
communication facilities and infrastructure was advertised in The Vinton Messenger.
At the December 3, 2019 Council meeting, the bid opening was held and only one bid was received
from Cox Communications. At that meeting, Mr. Lockaby also briefed Council on the proposed
Town Council
Agenda Summary
2
changes to Appendix B, Zoning of the Town Code in order for the Town to be in compliance with
the current State Code and the Federal Communications Commission (FCC) regulations.
Requirements pertaining to the removal of the abandoned wireless facilities and wireless support
structures on private property has been added to the ordinance. Removal requirements for wireless
facilities and wireless support structures on public properties and/or public right-of-way, will be
incorporated in the franchise agreement between the town and the telecommunication services
provider.
Planning and Zoning staff will be completing a draft of Design Guidelines and will brief members
of the Planning Commission and Council at a Council meeting in January of 2020.
Attachment
Ordinance
Recommendations
Conduct Public Hearing
Motion to adopt Ordinance
1
ORDINANCE NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON
TUESDAY, DECEMBER 17, 2019 AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF
THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON,
VIRGINIA.
AN ORDINANCE amending Appendix B, Zoning, Article IV, District Regulations, Division 1,
R-LD Residential Low Density District, Section 4-2; Division 2, R-1 Residential District, Section
4-7; Division 3, R-2 Residential District, Section 4-12; Division 4, R-3 Residential District;
Section 4-17; Division 5, R-B Residential Business District, Section 4-23; Division 6, GB General
Business District, Section 4-29; Division 7, CB Central Business District, Section 4-34; Division
8, M-1 Limited Industrial District, Section 4-40; Division 14, Mixed Use Development District
(MUD) District, Section 4-86; Article V, Supplementary Regulations, Division 9,
Telecommunication Facilities, Sections 5-61 through 5-66; Article VI, Nonconforming Uses,
Features, Structures and Lots, Section 6-12; Article VII, Administration & Enforcement, Division
3, Site Plan Review, Sections 7-17 through 7-22, Section 7-25 through 7-26 and Article X,
Definitions, Section 10-2 of the Vinton Town Code.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Vinton
amendments to Appendix B, Zoning, Article IV, District Regulations, Division 1, R-LD
Residential Low Density District, Section 4-2; Division 2, R-1 Residential District, Section 4-7;
Division 3, R-2 Residential District, Section 4-12; Division 4, R-3 Residential District; Section 4-
17; Division 5, R-B Residential Business District, Section 4-23; Division 6, GB General Business
District, Section 4-29; Division 7, CB Central Business District, Section 4-34; Division 8, M-1
Limited Industrial District, Section 4-40; Division 14, Mixed Use Development District (MUD)
District, Section 4-86; Article V, Supplementary Regulations, Division 9, Telecommunication
Facilities, Sections 5-61 through 5-66; Article VI, Nonconforming Uses, Features, Structures and
Lots, Section 6-12; Article VII, Administration & Enforcement, Division 3, Site Plan Review,
Sections 7-17 through 7-22, Section 7-25 through 7-26 and Article X, Definitions, Section 10-2 of
the Vinton Town Code are adopted and enacted as follows:
APPENDIX B. – ZONING
* * *
ARTICLE IV. – DISTRICT REGULATIONS
DIVISION 1 – R-LD RESIDENTIAL LOW DENSITY DISTRICT
* * *
Sec. 4-2. – Permitted uses and structures.
* * *
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(b) Special uses. The following uses and structures are permitted in the R-LD residential
lowdensitylow density district, subject to approval of a special use permit by the town
council as set forth in article VII of this appendix:
(1) Bed and breakfast establishments.
(2) Cemeteries.
(3) Fire stations and rescue squad facilities.
(4) Golf courses and country clubs, including accessory facilities for the sale and serving
of food and beverages and the sale of golfing equipment and supplies.
(5) Major public utilities.
(6) Antennas and any related unmanned equipment buildings for mobile and land based
wireless transmission and subject to the provisions set forth in article V, division
9, section 5-65(a).
(7)(6) Home occupations for personal service businesses.
(8)(7) Family day care homes.
* * *
DIVISION 2 – R-1 RESIDENTIAL DISTRICT
* * *
Sec. 4-7. – Permitted uses and structures.
* * *
(b) Special uses. The following uses and structures are permitted in the R-1 residential
district, subject to approval of a special use permit by the town council as set forth in
article VII of this appendix:
(1) Bed and breakfast establishments.
(2) Cemeteries.
(3) Fire stations and rescue squad facilities.
(4) Major public utilities.
(5) Antennas and related unmanned equipment buildings for mobile and land based
wireless transmission and subject to the provisions set forth in article V, division
9, section 5-65(a).
(6)(5) Home occupations for personal service businesses.
(7)(6) Family day care homes.
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* * *
DIVISION 3 – R-2 RESIDENTIAL DISTRICT
* * *
Sec. 4-12. – Permitted uses and structures.
* * *
(b) Special uses. The following uses and structures are permitted in the R-2
residential district, subject to approval of a special use permit by the town council
as set forth in article VII of this appendix:
(1) Townhouses, subject to development standards specified in article V.
(2) Bed and breakfast establishments.
(3) Fire stations and rescue squad facilities.
(4) Major public utilities.
(5) Antennas and any related unmanned buildings for mobile and land based
wireless transmission and subject to the provisions set forth in article V,
division 9, section 5-65(a).
(6)(5) Home occupations for personal service businesses.
(7)(6) Family day care homes.
* * *
DIVISION 4 – R-3 RESIDENTIAL DISTRICT
* * *
Sec. 4-17. – Permitted uses and structures.
* * *
(b) Special uses. The following uses and structures are permitted in the R-3 residential
district, subject to approval of a special use permit by the town council as set forth in
article VII of this appendix:
(1) Manufactured home parks, subject to the development standards in article V of
this appendix.
(2) Fire stations and rescue squad facilities.
(3) Major public utilities.
(4) Multifamily dwellings.
(5) Antennas and any related unmanned buildings for mobile and land based
wireless transmission and subject to the provisions set forth in article V, division
9, section 5-65(a).
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(6)(5) Home occupations for personal service businesses.
(7)(6) Family day care homes.
* * *
DIVISION 5 – R-B RESIDENTIAL-BUSINESS DISTRICT
* * *
Sec. 4-23. – Permitted uses and structures.
* * *
(b) Special uses. The following uses and structures are permitted in the R-B residential-
business district, subject to approval of a special use permit by the town council as set
forth in article VII of this appendix:
(1) Townhouses, subject to development standards specified in article V.
(2) Assisted care facilities.
(3) Funeral homes.
(4) Fire stations and rescue squad facilities.
(5) Major public utilities.
(6) Outdoor display of monuments.
(7) Antennas and any related unmanned buildings for mobile and land based
wireless transmission and subject to the provisions set forth in article V, division 9,
subsection 5-65(a).
(8)(7) Personal service business.
(9)(8) Two-family dwellings that do not meet the lot area and lot width requirements
of section 4-25 of this division.
(10)(9) Family day care homes.
* * *
DIVISION 6 – GB GENERAL BUSINESS DISTRICT
* * *
Sec. 4-29. – Permitted uses and structures.
* * *
(b) Special uses. The following uses and structures are permitted in the GB general business
district, subject to approval of a special use permit by the town council as set forth in
article VII of this appendix:
(1) Commercial indoor amusement uses, including game rooms, billiard and pool halls,
and video arcades. Establishments which provide multiple coin operated amusement
5
or entertainment devices or machines, which would include pinball machines, video
games, and other games of skill or scoring, and would include pool and/or billiard
tables, whether or not they are coin operated.
(2) Auto and truck general repair, including the installation and removal of engines,
transmissions or other major body or mechanical parts, auto upholstery shops, and
auto, truck or trailer rental, but not including body repair or painting.
(3) Flea markets.
(4) Greenhouses.
(5) Major public utilities.
(6) Miniature golf courses, golf driving ranges, batting cages and similar outdoor
recreation uses.
(7) Miniwarehouses and warehouses.
(8) Sports complexes.
(9) Antennas and any related unmanned buildings for mobile and land based
wireless transmission and subject to the provisions set forth in article V, division
9, section 5-65(a).
(10) Towers and/or monopoles, with a related unmanned equipment building and
subject to the provisions set forth in article V, division 9, section 5-65(b).
(11)(9) Counseling services.
(12)(10) Halfway house.
(13)(11) Outpatient mental health centers.
(14)(12) Outpatient substance abuse centers.
* * *
DIVISION 7 – CB CENTRAL BUSINESS DISTRICT
* * *
Sec. 4-34. – Permitted uses and structures
* * *
(b) Special uses. The following uses and structures are permitted in the CB central
business district, subject to approval of a special use permit by the town council as
set forth in article VII of this appendix:
(1) Amusement centers, bowling alleys, skating rinks and dance halls.
(2) Auto and truck sales and service establishments, provided the following
conditions shall be met: …
(3) Drive-up facilities in conjunction with any use permitted in this district.
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(4) Flea markets.
(5) Gasoline service stations, self-service gasoline stations and auto service centers.
(6) Major public utilities.
(7) Parking garages for parking by the general public as a principal or accessory use
of property.
(8) Sports complexes.
(9) Not more than one dwelling unit contained within accessory buildings, provided
the main building on the property contains no dwelling units.
(10) Antennas and any related unmanned buildings for mobile and land based
wireless transmission and subject to the provisions set forth in article V, division
9, section 5-65(a).
* * *
DIVISION 8 – M-1 LIMITED INDUSTRIAL DISTRICT
* * *
Sec. 4-40. – Permitted uses and structures.
(a) Uses and structures permitted by right. The following uses and structures are permitted
by right in the M-1 limited industrial district, subject to all other applicable requirements
of this appendix:
(1) Any use or structure permitted by right in the GB general business district as set
forth in section 4-29 (a) of this appendix, except that:
a. Dwelling use shall be permitted only for purposes of occupancy by a guard,
caretaker or watchman employed in connection with the principal use of the
premises;
b. Outdoor activities, such as storage, display or service which are specified as
prohibited in the GB district, shall be permitted in the M-1 district, provided
such activities are located and screened in accordance with the requirements of
section 4-43.
(2) Auto and truck general repair, including the installation and removal of engines,
transmissions or other major body or mechanical parts, auto upholstery shops,
auto, truck or trailer rental, and body repair or painting.
(3) Boatbuilding.
(4) Bottling plants.
(5) Cabinet, furniture, woodworking and upholstery shops, when conducted within
completely enclosed buildings.
(6) Coal[yards] and woodyards.
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(7) Contractors' and construction equipment storage yards and rental of contractors'
or construction equipment.
(8) Ice manufacturing and packaging.
(9) Laboratories and research and development facilities, when conducted within
completely enclosed buildings.
(10) Machine shops, excluding punch presses exceeding forty-ton rated capacity and
drop hammers, welding shops and blacksmith shops.
(11) Manufacturing, compounding, assembling, treatment or packaging of articles of
merchandise from the following materials, when such materials are refined,
prepared or initially processed elsewhere: Bone, canvas, cloth, cork, feathers, felt,
fiberglass, fibers, fur, glass, hair, horn, leather, paper, plastic, precious or
semiprecious metals or stones, rubber, shell, straw, textiles, tobacco, wood, yarn,
and similar materials.
(12) Manufacturing, compounding, processing, treatment or packaging of bakery
goods, candy, cosmetics, dairy products, food products, perfumes,
pharmaceuticals, soaps, toiletries and similar products.
(13) Manufacturing of pottery, figurines and other similar ceramic products, using
only previously pulverized clay and kilns fired only by electricity or gas.
(14) Manufacturing or assembling of electronic equipment, instruments, devices,
components and parts, electrical appliances, medical equipment, musical
instruments, toys, novelties, small parts and similar products.
(15) Monument and stone works.
(16) Printing and publishing plants.
(17) Sales, rental, servicing and repair of boats, trailers, recreational vehicles,
motorcycles, mobile homes, machinery and equipment, provided all servicing and
repair is conducted within completely enclosed buildings.
(18) Sheet metal and metal fabrication shops.
(19) Signs as permitted in article V of this appendix.
(20) Warehouses, miniwarehouses, storage and distribution facilities.
(21) Wholesale businesses, including storage.
(22) Accessory uses and structures.
(23) Antennas and any related unmanned buildings for mobile and land based
wireless transmission and subject to the provisions set forth in article V, division
9, section 5-65(a).
* * *
DIVISION 14 – MIXED USE DEVELOPMENT DISTRICT (MUD) DISTRICT
8
* * *
Sec. 4-86. – Utilities.
The following provisions shall apply to providing utilities in the MUD district:
(a) All development within a MUD district shall be served by public water and sewer
facilities.
(b) Utilities (and associated pedestals, cabinets, junction boxes and transformers) including
electric, cable TV, telephone and natural gas service shall be located underground and
to the rear of properties in alley rights-of-way (ROW) or the ROW of minor streets,
and all utilities shall be located within a public utility easement. Above-ground utilities
are permissible if identified and approved in the development plan submitted at the
time rezoning is approved.
(c) Wireless facilities may be approved either as part of a master plan of development
under this division or as an accessory or modification to the master plan of development
following the general procedures for approval of such facilities set forth in this
appendix.
* * *
ARTICLE V. – SUPPLEMENTARY REGULATIONS
* * *
DIVISION 9 – TELECOMMUNICATION FACILITIES
Sec. 5-61. – Purpose and short title.
This division may be referred to as the “Town of Vinton Telecommunications Zoning Ordinance.”
The Virginia Zoning Enabling Act, Va. Code §§ 15.2-2280 et seq., to ensure the orderly
development of land within the Town and to protect the public health, safety, general welfare, and
as good zoning practice, and to further those public purposes set forth in section 15.2-2283 of the
Code of Virginia, 1950, as amended.
(Statutory Reference: Va. Code § 15.2-2280 et seq., 15.2-2316.3 et seq.)
Sec. 5-62. – Applicability.
(a) The requirements set forth in this division shall govern the location of all
telecommunications towers, monopoles, antennas, small wireless facilities, and amateur
radio antennas, constructed to a height greater than 16 feet 6 inches in height from ground
level, as well as all base stations.
(b) This division applies to all wireless facilities located or to be located on all property located
within the incorporated limits of the Town of Vinton, regardless of the use, ownership, or
dedication of such property to public use or the use of a certificated public service
company.
(Statutory Reference: Va. Code § 15.2-2281, cross-ref.: § 15.2-2030.)
9
Sec. 5-63. – Development standards for small wireless facilities attached to existing
structures.
(a) Emissions from small wireless facilities attached to existing structures shall not materially
interfere with existing communications facilities or facilities planned for future public
safety communications.
(b) If, during the site plan, plot plan, or scaled elevation approval process, a public safety
agency identifies a public safety concern or a critical public safety need, the small wireless
facility shall be disapproved.
(c) For small wireless facilities in the public rights-of-way or other publicly-owned or
publicly-controlled property, such facilities must be painted or otherwise be designed to
match the color and texture of the structure upon which they are affixed.
(d) No small wireless facility shall fail to have and provide all required approvals from all
departments, authorities, and agencies with jurisdiction over the property, provided that the
zoning administrator may grant preliminary approval prior to other approvals being
granted, but such preliminary approval shall not be a final approval authorizing
establishment of any use or structure and must be followed with a final plot plan and scaled
elevation for approval based on the final permits, and shall not be construed as an approval
that would vest a right.
(e) No small wireless facility may collocate on a structure that is illegally nonconforming until
and unless such nonconforming structure is brought into compliance with the provisions
of this Appendix.
Sec. 5-64. – Development standards for new support structures for small wireless facilities.
(a) Small wireless facility support structures may be considered either principal or accessory
uses. A different existing use of an existing structure on the same lot shall not preclude the
installation of a small wireless facility support structure on such lot.
(b) When a new small wireless facility support structure is a replacement for an existing
structure or is in the line of existing structures of similar height and bulk, e.g., a replacement
for an electric pole or a new faux streetlight, the structure shall be designed so as to
resemble, as closely as practical, the form and type of the existing structure or the structures
in the same line.
(c) Wiring, cable, and conduit requirements:
(1) All wiring and cables must be firmly secured to the utility distribution or transmission
pole or other support structure.
(2) All mounting brackets and wiring, cables, and conduits that are not located in a fully
enclosed structure must be same color as, or otherwise demonstrated to match or blend
with, the new structure on which they are mounted.
(3) Spools or coils of excess fiber optic or cables or any other wires may not be stored on
the new structure except completely within approved enclosures or cabinets.
(d) Equipment and facilities standards:
10
(1) All equipment and support structures located on the new structure:
a. Must be the same color or material as the new structure and covered by rust-
proof treatment or material.
b. Must be flush-mounted to the new structure or supported by mounting brackets.
c. The support brackets may not extend beyond the new structure by more than
eight inches.
d. Must not exceed 32 cubic feet in volume.
(2) Ground-mounted equipment (or base stations associated with a small wireless facility)
must:
a. In public rights-of-way abutting single-family residential districts or areas in
which attached or detached single-family dwellings are the predominant use or
development pattern, each small cell facility is limited to one cabinet or
structure that does not exceed five feet in height and a total of 70 cubic feet in
volume. Ground-mounted equipment cabinets must be located adjacent to the
support structure.
b. When the related equipment is not located on property that meets subsection a.,
each provider is limited to a cabinet or structure which does not exceed 12 feet
in height and a total of 500 square feet in gross area. The cabinet or structure
must be adjacent to the pole. The cabinets or equipment must be secured by a
wall, berm, or evergreen hedge sufficient to screen it from view from the street,
or with an eight-foot fence, wall, berm, or landscaping combination.
(e) The minimum horizontal distance between poles is:
(1) When located in zoning districts that are zoned for single-family dwellings or areas in
which attached or detached single-family dwellings are the predominant use or
development pattern, not less than 300 feet.
(2) When located in all other areas, not less than 100 feet.
Sec. 5-65. – Application requirements for legislative process projects.
Each applicant for a monopole or tower shall submit six copies of a scaled concept 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, height
and antenna location requirements, setbacks, ingress/egress, parking, fencing, landscaping,
easements, adjacent uses, and other information deemed necessary to assess compliance with the
regulations of this ordinance. Additionally, the applicant shall provide actual photographs of the
site from designated relevant views that include a simulated photographic image of the proposed
monopole or tower. The photograph with the simulated image shall include the foreground, the
midground, and the background of the site. An engineering report, certifying that the proposed
monopole or tower is compatible for collocation with a minimum of three compatible users
including the primary user, must accompany the application.
11
Sec. 5-65.1. – Provisions for legislative process projects.
(a) A wireless support structure for a wireless facility that is not a small wireless facility, a
small wireless facility support structure, a small wireless facility collocation, or an eligible
facilities request, shall be permitted only upon approval of a special use permit by the town
council as set forth in article VII of the zoning ordinance and in accordance with the
following provisions:
(1) No advertising or signs shall be allowed on an antenna.
(2) No signals, lights, or illumination shall be permitted on an antenna unless required by
the FCC, FAA, or the Town of Vinton.
(3) A base station shall not contain more than 750 square feet of gross floor area or be more
than 12 feet in height.
(4) A base station or wireless support structure shall meet all zoning and building code
requirements including, but not limited to, minimum yard requirements for primary
structures.
(5) A base station shall be landscaped with a buffer of plant materials that effectively
screens the view of the base station from adjacent property. The standard buffer shall
consist of a landscaping strip of at least four feet wide outside the perimeter of the
enclosure. Existing mature tree growth and natural land form on the site shall be
preserved to the maximum extent possible. In locations where the visual impact of the
unmanned equipment building would be minimal, the landscaping requirement may be
reduced or waived by the council as part of the special use permit approval.
(b) Wireless support structures and base stations subject to the legislative process shall be
subject to the following provisions:
(1) The height of wireless support structures shall not exceed 199 feet, including antennas.
(2) Monopoles or towers shall either maintain a galvanized steel finish or, subject to any
applicable standards of the FCC or FAA, be painted a neutral color, unless an
alternative camouflage is approved by the town council as part of the special use permit
process.
(3) The design of base stations and other related structures shall use materials, colors,
textures, screening, and landscaping that will blend the facilities to the natural setting
and the built environment. Dish antennas and covers will be of a neutral, nonreflective
color with no logos or markings not required for identification or safety markings
required by applicable codes.
(4) Base stations shall not contain more than 750 square feet of gross floor area or be more
than 12 feet in height, and shall be located in accordance with the minimum yard
requirements of the zoning district in which they are located.
(5) Transitional yard and screening shall be provided on accordance with the provisions of
article V of the zoning ordinance. Monopole or tower facilities shall be landscaped with
a buffer of plant materials that effectively screens the view of the support buildings
12
from adjacent property. Existing mature tree growth and natural land form on the site
shall be preserved to the maximum extent possible.
(6) Monopoles and towers shall not be artificially lighted, unless required by the FCC or
FAA. If lighting is required, the council may review the available lighting alternatives
and approve the design that would cause the least disturbance to surrounding views.
(7) Signs shall only be permitted on a wireless support structure as may be provided in
Article V, Division 7 of this appendix.
(8) All monopoles or 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 and their construction methods. 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. To ensure the structural integrity of monopoles and towers, the
owner of such shall ensure that it is constructed and maintained in compliance with
standards contained in applicable federal, state, and local building codes and
regulations.
(9) Wireless support structures must satisfy the minimum zoning district setback
requirements for primary structures. For wireless support structures in the public rights-
of-way that are subject to the legislative process, the setback shall be 40 feet from the
edge of the existing pavement or sidewalk, whichever is closer, and one-half the height
of the support structure, including antennas if they extend beyond the top of the
structure, from the nearest existing structure.
(10) Monopoles or towers shall be enclosed by security fencing not less than six feet in
height and shall be equipped with appropriate anticlimbing device.
(11) No new legislative process facility shall be permitted unless the applicant demonstrates
to the reasonable satisfaction of the council that no existing monopole, tower, or other
structure can accommodate the proposed antenna, and that neither of the sites identified
in section 5-65 (c) can accommodate construction of the proposed antenna or of an
antenna which reasonably meets the applicant's needs.
Sec. 5-66. – Special provisions on disapproval of a legislative process facility.
(a) The town council shall provide an applicant a written statement of the reasons for
disapproval within three business days following the disapproval. The council may
delegate the preparation of the statement to the zoning administrator and the town attorney.
(b) Town Freedom of Information Act Officer shall, upon request, provide a copy of the
written record of the application in accordance with the provisions of the Virginia Freedom
of Information Act, Chapter 37 of Title 2.2 of the Code of Virginia, 1950, as amended.
Sec. 5-67. – Abandoned wireless support structures on private property.
Abandoned wireless support structures and wireless facilities are hereby declared to be
public nuisances and shall be abated as provided in this article. If the use of a wireless support
structure or wireless facility is discontinued for a continuous period of 24 months or more, such
13
wireless support structure or wireless facility shall be presumed abandoned. In the event the owner
wishes to extend the time for removal, he or she shall provide an application, accompanied by an
application fee of $250.00, giving a statement of the reasons for the extension. For good cause
shown, the county administrator may grant the owner up to a 60-day grace period before taking
action to abate the nuisance.
(Statutory Reference: Va. Code § 15.2-900, 15.2-2307.)
* * *
ARTICLE VI. – NONCONFORMING USES, FEATURES, STRUCTURES AND LOTS
* * *
Sec. 6-12. – Wireless facility modifications.
Any eligible facilities request for a modification of an existing, lawfully-established
wireless tower or base station that does not substantially change the physical dimensions of such
tower or base station shall not be treated as a nonconforming use or extension of a nonconforming
use and shall be approved. Upon submission of an application for a site plan, plot plan, or scaled
elevation in accordance with and meeting all standards of Article VII, Division 3 of this appendix,
and in conformance of this section, such approval shall be granted.
(Statutory Reference: 47 U.S.C. § 1455, 47 C.F.R. § 1.6100, Va. Code § 15.2-2307.)
ARTICLE VII. – ADMINISTRATION & ENFORCEMENT
* * *
DIVISION 3 – SITE PLAN REVIEW
* * *
Sec. 7-17. – Applicability of site plan review.
Site plan review shall be required prior to issuance of any zoning permit, building permit
or land disturbing permit for any of the following:
(a) Construction of a new building, other than a single-family dwelling or building
accessory thereto.
(b) Enlargement of an existing building, other than a single-family dwelling or building
accessory thereto, when such enlargement exceeds ten percent of the floor area of the
building or 500 square feet, whichever is less.
(c) Construction of a parking area for five or more vehicles, or any addition to or alteration
of the arrangement or means of access to an existing parking area for five or more
vehicles.
(d) Small wireless facilities applications shall require a plot plan and a scaled elevation.
14
(c)(e) Wireless facilities applications other than small wireless facilities shall require a
site plan and a scaled elevation.
(Statutory Reference: Va. Code § 15.2-2286(A)(8), § 15.2-2246.)
Sec. 7-18. – General requirements for site plans, plot plans, or scaled elevations.
Site plans shall be prepared by a professional engineer, certified land surveyor, licensed
architect or certified landscape architect in accordance with criteria established by the zoning
administrator regarding scale and format. Plot plans and scaled elevations need not be prepared by
a licensed design professional, but must be clear, neat, and to scale in accordance with criteria
established by the zoning administrator.
(Statutory Reference: Va. Code § 15.2-2241(A)(1).)
* * *
Sec. 7-19.1. – General requirements for plot plans.
Plot plans must be neat, clear, drawn to scale, and otherwise meet the standards set by the
zoning administrator, but do not need to be stamped by a design professional. A plot plan must
include:
(1) Location, by a vicinity map at appropriate scale.
(2) Identification of the property by street address, tax parcel number, and owner name, if
a parcel; or by reference to number of feet to the nearest intersection if in the public
right-of-way.
(3) A north arrow and scale.
(4) Existing zoning classification, or zoning classification of nearest parcel if in the public
right-of-way.
(5) Width of existing streets, location and size of existing sanitary and storm sewers,
culverts, curbs and gutters, water lines, gas lines, and other utilities.
(6) Location and extent of existing buildings or structures and buildings or structures
proposed to be constructed.
(7) Screening methods.
(8) Such other and further materials as the zoning administrator may determine necessary
to confirm compliance with applicable laws.
Sec. 7-19.2. – General requirements for scaled elevations.
Scaled elevations must be neat, clear, drawn to scale, and otherwise meet the standards set
by the zoning administrator, but do not need to be stamped by a design professional. A scaled
elevation must include:
(1) Location, by a vicinity map at appropriate scale.
15
(2) Identification of the property by street address, tax parcel number, and owner name, if
a parcel; or by reference to number of feet to the nearest intersection if in the public
right-of-way.
(3) Existing zoning classification, or zoning classification of nearest parcel if in the public
right-of-way.
(4) Existing grades for the area of the proposed or existing structure.
(5) The height and extent of existing buildings or structures and buildings or structures
proposed to be construed.
(6) If the existing or proposed structure is a small wireless facility or support structure that
proposes to qualify as a small wireless facility by comparison to other existing
structures, a table of the heights and locations of the existing structures.
(7) Screening or camouflage methods proposed for the wireless facility.
(8) A sketch of the appearance of the proposed wireless facility, or a photograph or
photographs of a substantially identical facility in a similar installation.
(1)(9) Such other and further materials as the zoning administrator may determine
necessary to confirm compliance with applicable laws.
Sec. 7-20. – Waiver of certain site plan requirements.
Required plans described in sections 7-19, 7-19.1, and 7-19.2 are intended in cases where
extensive plans and information are necessary to determine compliance with the provisions of this
appendix. With prior approval by the zoning administrator, particular information may be omitted
from required plans when, due to the nature or limited scope of a project, the zoning administrator
determines such information is not necessary for evaluation of the site plan or for maintaining a
record of site plan review.
(Statutory Reference: Va. Code § 15.2-2242(1).)
Sec. 7-21. – Procedure for site plan review and approval.
(a) Every site plan shall be submitted to the zoning administrator, who shall review such plan
for compliance with the applicable provisions of this appendix and other applicable
requirements. Within 10 days after submission of a site plan application, with the required
fee, the zoning administrator shall make a preliminary determination of completeness. If
the site plan application is complete, tThe zoning administrator shall circulate the site plan
to the town engineer and other relevant town and state agencies and officials for review
and comment prior to taking action. If the application is incomplete, the zoning
administrator shall return the plan to the applicant, together with the application fee and a
cover letter setting forth the reasons why the application is incomplete. A determination of
completeness shall in no manner be construed to be an approval of a site plan, in whole or
in part.
(b) The zoning administrator shall approve, approve with modifications or conditions, or
disapprove the site plan within 45 days of receipt of all required plans and information60
days from receipt of a complete application if no outside agency review is required, or
16
within 35 days after receiving all outside review comments if such comments are
necessary, whichever is later. The zoning administrator shall notify the applicant in writing
of the action taken. In the case of approval with modifications or conditions or disapproval
of the site plan, such notification shall describe the modifications or conditions of approval
or reasons for disapproval, including changes which would make the site plan acceptable.
(c) The zoning administrator shall act upon site plans previously deemed complete but
disapproved and resubmitted within 45 days of submission or within 35 days following
receipt of all state agency approvals, whichever is later.
(b) (d)All site plans approved by the zoning administrator shall comply with the district
regulations, supplementary regulations and other applicable requirements of this appendix. The
zoning administrator shall have no authority to waive such regulations or requirements unless
specific authority to do so is set forth in this appendix.
(Statutory Reference: Va. Code § 15.2-2258, § 15.2-2259.)
Sec. 7-21.1. – Procedure for approval of plot plans and scaled elevations for small wireless
facilities.
The timelines in this section govern processing of plot plans and scaled elevations for small
wireless facilities.
(a) Base Calculation. The period to act for an application for a plot plan or scaled elevation
for a small wireless facility is the sum of:
(1) The number of days of the presumptively reasonable time period for the pertinent type
of application, pursuant to subsection (b); and
(2) The number of days of tolling period, if any, under subsection (c).
All dates are calculated in calendar days, not business days. If the last day to complete an
approval falls on a weekend or holiday, the last day shall be construed to be the next
following business day.
(b) Review periods for specific applications. The following are the presumptively reasonable
periods of time to act on site plans, plot plans, and scaled elevations for wireless facilities:
(1) Application to collocate a small wireless facility on an existing structure: 60 days.
(2) Application to deploy a small wireless facility using a new structure: 90 days.
If a single application plot plans or scaled elevations multiple sites, all of which fall within
the same category, then the presumptively reasonable time is equal to that for a single
deployment within that category. If a single application seeks authorization of deployments
to multiple sites that fall within subsections (b)(1) and (b)(2), then the presumptively
reasonable period of time is 90 days.
(c) Tolling. The following rules govern tolling of the review periods for specific applications:
(1) For an initial application for a plot plan or scaled elevation for a small wireless facility,
if the Town notifies an applicant on or before the tenth day after submission that the
application is materially incomplete, and specifically identifies the missing documents
or information and the specific rule or regulation creating the obligation to submit such
17
documents or information, the period to act shall reset to zero on the date on which the
applicant submits all documents and information identified by the Town to render the
application complete.
(2) For all other initial applications, the tolling period shall be the number of days from:
(i) The day after the date when the Town notifies the applicant, in writing, that the
application is materially incomplete and clearly and specifically identifies the
missing documents or information that the applicant must submit to render the
application complete and the specific rule or regulation creating this obligation;
until
(ii) The date when the applicant submits all the documents and information
identified by the siting authority to render the application complete;
(iii) But only if the notice in subsection (i) is made on or before the thirtieth day
after the date when the application was submitted; or
(3) For resubmitted applications following a notice of deficiency, the tolling period shall
be the number of days from:
(i) The day after the date on which the Town notifies the applicant in writing that
the applicantsapplicant’s supplemental submission was not sufficient to render
the application complete and clearly and specifically identifies the missing
documents or information need to be submitted based on the Town’s original
request for supplementation; until
(ii) The date when the applicant submits all the documents and information
identified by the Town to render the application complete;
(iii) But only if the notice under subsection (i) is made on or before the tenth day
after the date on which the applicant made its supplemental submission.
(Statutory Reference: 47 C.F.R. § 1.6003.)
Sec. 7-22. – Modifications to approved site plan, plot plan, or scaled elevation.
(a) Minor modifications to an approved site plan, plot plan, or scaled elevation may be
authorized in writing by the zoning administrator when such modifications comply with
the requirements of this appendix and do not materially affect approvals granted or permits
issued pursuant to the approved site plan. Any deviation from an approved site plan without
the written approval of the zoning administrator shall void the site plan and require
submission of a new site plan for consideration in accordance with the provisions of this
article.
(b) Major revisions to an approved site plan which, in the judgment of the zoning
administrator, significantly alter the proposed development or materially affect approvals
granted or permits issued pursuant to the approved site plan shall require that a new site
plan be prepared and submitted for consideration.
(Statutory Reference: Va. Code § 15.2-2242(1).)
18
* * *
Sec. 7-25. – Expiration of approved site plan, plot plan, or scaled elevation.
(a) An approved final site plan shall be valid for a period of one not less than five years from
the date of approval by the zoning administrator and shall become null and void if, within
such period, work has not proceeded and no building permit pursuant thereto has been
issued. In any case where an approved site plan has expired, the site plan may be
resubmitted for review and approval in accordance with the provisions of this article. A
site plan shall be deemed final once it has been reviewed and approved by the zoning
administrator if the only requirement remaining to be satisfied in order to obtain a building
permit is the posting of any bonds and escrows.
(b) Application for minor modifications to final site plans made during the periods of validity
of such plans established in accordance with this section shall not constitute a waiver of
the provisions hereof nor shall the approval of minor modifications extend the period of
validity of such plans.
(c) If construction of any wireless facility does not commence within 24 months after approval,
or, if commenced, is not diligently pursued to completion, the zoning administrator may
revoke the approval by sending notice of such revocation to the last known address of the
owner and marking the plot plan and/or scaled elevation “VOID” in his or her files.
(Statutory Reference: Va. Code § 15.2-2261, § 15.2-2316.4:2(A)(10).)
Sec. 7-26. – Failure to act; Appealsappeals.
Any person aggrieved by any decision of the zoning administrator regarding a site plan
may appeal such decision to the board of zoning appeals in accordance with the provisions of
article IX of this appendix.
(a) Failure to act on any site plan within the time periods set forth in section 7-21, upon an
initial submission, shall be appealable to circuit court in the manner provided by law
following 10 days’ notice to the zoning administrator. Failure to act upon a site plan
resubmitted following being deemed complete and disapproved within the time periods set
forth in this division is deemed approval.
(b) Failure to act on any plot plan or scaled elevation for a small wireless facility within the
time periods set forth in section 7-21.1 shall be deemed approval.
(c) Notwithstanding the approval or deemed approval of any site plan, plot plan, or scaled
elevation, any deficiency in any proposed plat or plan, that if left uncorrected, would violate
local, state or federal law, regulations, mandatory Department of Transportation
engineering and safety requirements, and other mandatory engineering and safety
requirements, shall not be considered, treated or deemed as having been approved by the
zoning administrator.
(d) If the zoning administrator disapproves a site plan, plot plan, or scaled elevation and the
applicant contends that the disapproval was not properly based on the ordinance applicable
thereto, or was arbitrary or capricious, he or she may appeal to the circuit court having
jurisdiction of such land and the court shall hear and determine the case as soon as may be,
19
provided that his appeal is filed with the circuit court within 60 days of the written
disapproval by the zoning administrator.
(Statutory Reference: Va. Code § 15.2-2258, § 15.2-2259; 47 C.F.R. § 1.6003.)
* * *
ARTICLE X. – DEFINITIONS
* * *
Sec. 10-2. – Words and terms defined.
* * *
(b)
(b) Certain words and terms defined. The following words and terms shall be interpreted as
having such meaning as described herein, unless a specific meaning to the contrary is
indicated elsewhere in this appendix:
* * *
(#)Alternative tower structure. Manmade trees, clock towers, bell steeples, lightpoles and
similar alternative-design mounting structures that camouflage or conceal the presence of
antennas or towers.
* * *
(#)Antenna means an apparatus designed for the purpose of emitting radiofrequency (RF)
radiation, to be operated from a fixed location pursuant to FCC authorization, for the
provision of personal wireless service and any commingled information services. This
definition does not include unintentional radiators, mobile stations (e.g., handheld devices),
or fixed wireless reception equipment in residential districts.
(#)Antenna equipment means equipment, switches, wiring, cabling, power sources,
shelters, or cabinets associated with an antenna, located in the same fixed location as the
antenna, and, when collocated on a structure, is mounted or installed at the same time as
such antenna.
(#)Antenna facility means an antenna and associated antenna equipment.
* * *
(#)Base station. A structure or equipment at a fixed location that enables FCC-licensed or
authorized wireless communications between user equipment and a communications
network. The term does not encompass a tower as defined in this subpart or any equipment
associated with a tower.
(A) The term includes, but is not limited to, equipment associated with wireless
communications services such as private, broadcast, and public safety services, as
well as unlicensed wireless services and fixed wireless services such as microwave
backhaul.
20
(B) The term includes, but is not limited to, radio transceivers, antennas, coaxial or
fiber-optic cable, regular and backup power supplies, and comparable equipment,
regardless of technological configuration (including Distributed Antenna Systems
and small-cell networks).
(C) The term includes any structure other than a tower that, at the time the relevant
application is filed with the State or local government, supports or houses
equipment described in paragraphs (A) and (B) of this definition that has been
reviewed and approved under the applicable zoning or siting process, or under
another State or local regulatory review process, even if the structure was not built
for the sole or primary purpose of providing such support.
(D) The term does not include any structure that, at the time the relevant application is
filed with the State or local government under this section, does not support or
house equipment described in paragraphs (A) and (B) of this definition.
* * *
(#)Collocation may, depending on context, mean:
(A) Either or both of:
(1) Mounting or installing an antenna facility on a pre-existing structure; and/or
(2) Modifying a structure for the purpose of mounting or installing an antenna
facility on that structure.
(B) With respect to wireless facility modifications, the mounting or installation
of transmission equipment on an eligible support structure for the purpose
of transmitting and/or receiving radio frequency signals for
communications purposes.
* * *
(#)Eligible facilities request. This term means any request for modification of an existing
wireless tower or base station that involves:
(A) collocation of new transmission equipment;
(B) removal of transmission equipment; or
(C) replacement of transmission equipment.
(#)Eligible support structure. Any tower or base station provided that it is existing at the
time the relevant application is filed with the Town.
* * *
(#)FAA. The Federal Aviation Administration.
(#)FCC. The Federal Communications Commission.
* * *
21
(#)Site. For towers other than towers in the public rights-of-way, the current boundaries of
the leased or owned property surrounding the tower and any access or utility easements
currently related to the site, and, for other eligible support structures, further restricted to
that area in proximity to the structure and to other transmission equipment already deployed
on the ground.
* * *
(#)Substantial change. A modification to a wireless facility substantially changes the
physical dimensions of an eligible support structure if it meets any of the following criteria:
(i) For towers other than towers in the public rights-of-way, it increases the height of
the tower by more than 10% or by the height of one additional antenna array with
separation from the nearest existing antenna not to exceed twenty feet, whichever
is greater; for other eligible support structures, it increases the height of the
structure by more than 10% or more than ten feet, whichever is greater;
(ii) For towers other than towers in the public rights-of-way, it involves adding an
appurtenance to the body of the tower that would protrude from the edge of the
tower more than twenty feet, or more than the width of the tower structure at the
level of the appurtenance, whichever is greater; for other eligible support structures,
it involves adding an appurtenance to the body of the structure that would protrude
from the edge of the structure by more than six feet;
(iii)For any eligible support structure, it involves installation of more than the standard
number of new equipment cabinets for the technology involved, but not to exceed
four cabinets; or, for towers in the public rights-of-way and base stations, it involves
installation of any new equipment cabinets on the ground if there are no pre-existing
ground cabinets associated with the structure, or else involves installation of ground
cabinets that are more than 10% larger in height or overall volume than any other
ground cabinets associated with the structure;
(iv) It entails any excavation or deployment outside the current site;
(v) It would defeat the concealment elements of the eligible support structure; or
(vi) It does not comply with conditions associated with the siting approval of the
construction or modification of the eligible support structure or base station
equipment, provided however that this limitation does not apply to any
modification that is non-compliant only in a manner that would not exceed the
thresholds identified in paragraphs (i) through (iv) of this definition.
Changes in height, for the purposes of this definition, should be measured from the original
support structure in cases where deployments are or will be separated horizontally, such as
on buildings’ rooftops; in other circumstances, changes in height should be measured from
the dimensions of the tower or base station, inclusive of originally approved appurtenances
and any modifications that were approved prior to February 22, 2012.
* * *
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(#)Transmission equipment. Equipment that facilitates transmission for any FCC-licensed
or authorized wireless communication service, including, but not limited to, radio
transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply.
The term includes equipment associated with wireless communications services including,
but not limited to, private, broadcast, and public safety services, as well as unlicensed
wireless services and fixed wireless services such as microwave backhaul.
* * *
(#)Wireless facility. Equipment at a fixed location that enables wireless communications
between user equipment and a communications network, including (i) equipment
associated with wireless services, such as private, broadcast, and public safety services, as
well as unlicensed wireless services and fixed wireless services, such as microwave
backhaul, and (ii) radio transceivers, antennas, coaxial, or fiber-optic cable, regular and
backup power supplies, and comparable equipment, regardless of technological
configuration.
(#)Wireless support structure. A freestanding structure, such as a monopole, tower, either
guyed or self-supporting, or suitable existing structure or alternative structure designed to
support or capable of supporting wireless facilities. “Wireless support structure” does not
include any telephone or electrical utility pole or any tower used for the distribution or
transmission of electrical service.
This Ordinance adopted on motion made by Council Member ____________________ and
seconded by Council Member ____________________, with the following votes recorded:
AYES:
NAYS:
APPROVED:
___________________________________
Bradley E. Grose, Mayor
ATTEST:
____________________________________
Susan N. Johnson, CMC, Town Clerk