HomeMy WebLinkAbout11/14/2019 - Regular TOWN OF VINTON
311 S. POLLARD STREET
VINTON, VIRGINIA 24179
PHONE: (540) 983-0605
FAX: (540) 983-0621 ANITA MCMILLAN EMAIL: amcmillan@vintonva.gov PLANNING AND ZONING DIRECTOR
November 13, 2019
TO: VINTON PLANNING COMMISSION
Mr. Keith Liles, Chairman
Mr. David “Dave” Jones, Vice-Chairman
Mr. Robert “Bob” Benninger
Mr. William “Bill” Booth
RE: Planning Commission Lunch and Work Session
Thursday, November 14, 2019
A Planning Commission work session to discuss the telecommunications/small cell facilities
ordinance and Bank of Botetourt’s Special Use Permit (SUP) request, will be held this Thursday,
November 14th, shortly after lunch, which will be served at 12:00 noon. The lunch and work
session will be held in the Administration Conference Room.
Please see the enclosed agenda and supporting materials for the meeting. Please review the
materials that Mike Lockaby, Town Attorney, and Nathan McClung and have put together prior
to the meeting so we can discuss them at the work session.
Please let me know if you are UNABLE to attend the November 14th meeting as soon as possible
by emailing me at amcmillan@vintonva.gov or calling me at (540) 983-0605. Thank you.
Sincerely,
Anita J. McMillan
Planning and Zoning Director
Enclosures
c: Barry Thompson, Town Manager
Mike Lockaby, Town Attorney
Nathan McClung, Principal Planner
AGENDA
THURSDAY, NOVEMBER 14, 2019
LUNCH: 12:00 NOON – ADMINISTRATION CONFERENCE ROOM
WORK SESSION: IMMEDIATELY AFTER LUNCH
I.Call to Order—Roll Call
II.Briefing on the Town of Vinton Zoning Ordinance Amendment to Amend and
Adopt the Telecommunication Facilities Ordinance – Mike Lockaby, Town
Attorney.
III.Bank of Botetourt’s Special Use Permit (SUP) Request 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.
IV.Discussion of a Joint Public Hearing of the Planning Commission and Town Council
on December 17, 2019, to Receive Comments Concerning:
a.Town of Vinton Zoning Ordinance Amendment to Amend and Adopt the
Telecommunication Facilities Ordinance.
b.Bank of Botetourt’s Special Use Permit (SUP) Request 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.
V.Comments of Planning Commissioners and Planning Staff
VI.Adjournment of Work Session
Town of Vinton
PLANNING COMMISSION Vinton Municipal Building
311 S. Pollard Street
Vinton, VA 24179
Phone (540) 983-0601
Fax (540) 983-0621
Mr. David “Dave” Jones, Vice-Chairman
Mr. Robert “Bob” Benninger
Mr. William “Bill” Booth
{00339363.DOCX } 1
APPENDIX B. – ZONING
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.
The purpose of this division is to establish general guidelines for the siting of wireless
communication towers and antennas which will promote and carry out the following objectives
of the town:
(c) To ensure the adequate provision of telecommunications infrastructure in the town which
will support economic growth, public safety, and provide other essential communications
services for town residents;
(d) To protect residential areas and land uses from potential adverse impacts of towers and
antennas;
(e) To encourage the location of towers in nonresidential areas;
(f) To minimize the total number of telecommunications facility sites, while acknowledging
the need for effective telecommunications operations;
(g) To encourage the joint use of new and existing tower sites as a primary option rather than
construction of additional single-use towers;
(h) To encourage location of towers and antennas in areas where adverse impact on the town
is minimal;
(i) To minimize the adverse effect of the towers and antennas through careful design, siting,
landscape screening, and innovative camouflaging techniques;
(j) To promote public health, safety, and welfare by prohibiting improperly designed and
siting of telecommunication facility.
(Statutory Reference: Va. Code § 15.2-2280 et seq., 15.2-2316.3 et seq.)
Sec. 5-62. – Applicability.
Formatted: Normal, No bullets or numbering
{00339363.DOCX } 2
(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 20 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.Existing structures and towers. The placement of antenna on an existing
structure such as a building, sign, lightpole, water tank or other freestanding
nonresidential structure or existing municipal, utility or commercially owned tower or
pole shall be permitted so long as the addition shall not add more than 20 feet in height to
said structure or tower. Such permitted use shall include the placement of additional
buildings or other supporting equipment used in connection with said antenna. Such
building or equipment shall be placed within the existing structure or property and shall
be necessary for such use and properly screened. Existing structures shall not be
intentionally altered to circumvent this division.
(Statutory Reference: Va. Code § 15.2-2281, cross-ref.: § 15.2-2030.)
Sec. 5-63. – DefinitionsDevelopment 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.
In this division, unless the context otherwise requires, the following words and terms are
defined as set out herein:
Formatted: Don't add space between paragraphs ofthe same style
Formatted: List Paragraph, Indent: Left: 0.25",Numbered + Level: 1 + Numbering Style: a, b, c, … +Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indentat: 0.75"
{00339363.DOCX } 3
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. Communication device which transmits or receives electromagnetic signals.
Antennas may be directional, including panels and microwave dishes, and omnidirectional
including satellite dishes, whips, dipoles, and parabolic types. An antenna does not include the
tower or other supporting structure to which it is attached.
Collocate. To locate with another user or existing structure such as a tower, pole, phone
or lightpole, water tank or standpipe, building, steeple, billboard sign or similar structure.
FAA. The Federal Aviation Administration.
FFC. The Federal Communications Commission.
Height. The distance measured from ground level to the highest point on the tower or
other structure even if said highest point is an antenna.
Monopole. A single pole structure, usually self-supporting, used to support antennas.
Telecommunication facility. Any structure used for the purpose of supporting one or more
antennas or microwave dishes, including self-supporting lattice towers, guy towers, or monopole
towers. The term includes radio and television transmission towers, alternative antenna support
structures, such as buildings and rooftops, and other existing support structures.
Tower. Facility generated [generally] designed to provide or facilitate a link in a wireless
communications system, serving a specific area or region. A tower may be guyed or self-
supporting and guy wires, framework or other supporting and stabilizing devices are considered
part of the structure of the tower.
Sec. 5-64. – General requirementsDevelopment standards for new support structures for
small wireless facilities.
(a) Principal or accessory use. Antennas and towersSmall 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 an antenna or
towera small wireless facility support structure on such lot.
(a) Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the
planning and zoning department an inventory of its existing and potential future facilities,
towers, antennas, or sites approved for towers and antennas, that are either within the
town or within one mile of the border thereof, including specific information about the
location, height, and design of each tower. The department may share such information
with other applicants applying for approvals or special use permits under this ordinance
or other organizations seeking to locate antennas within the jurisdictions of the governing
authority; provided, however, that the department is not, by sharing such information, in
any way representing or warranting that such sites are available or suitable.
(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
Formatted: Numbered + Level: 1 + Numbering Style:a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5"
Formatted: Numbered + Level: 1 + Numbering Style:a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5"
{00339363.DOCX } 4
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:
(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:
Formatted: Numbered + Level: 1 + Numbering Style:1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75"
Formatted: Don't add space between paragraphs ofthe same style, Numbered + Level: 1 + NumberingStyle: a, b, c, … + Start at: 1 + Alignment: Left + Alignedat: 0.25" + Indent at: 0.5"
Formatted: Indent: Left: 0.5", Don't add spacebetween paragraphs of the same style, No bullets or
Formatted: Numbered + Level: 1 + Numbering Style:1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75"
Formatted: Numbered + Level: 2 + Numbering Style:a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 1" + Indent at: 1.25"
Formatted: Numbered + Level: 1 + Numbering Style:1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75"
Formatted: Numbered + Level: 2 + Numbering Style:a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 1" + Indent at: 1.25"
Formatted: Numbered + Level: 1 + Numbering Style:a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5"
{00339363.DOCX } 5
(1) When located in zoning districts that are zoned for single-family dwellings and are 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.
(a)
Sec. 5-65. – Special pApplication requirementsrovisions 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.
Sec. 5-65.1. – Provisions for legislative process projects.
(a) An antenna and any related unmanned equipment buildings for mobile and land based
wireless transmission, shall be permitted by right in M-1, M-2, and in any zoning district
on property owned or controlled by the town; shall be permitted in R-LD, R-1, R-2, R-3,
GB, CB and PD districts, subject toA 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) An antenna may be located on nonresidential structures.
(2) An antenna may be located on an existing tower or monopole.
(3) An antenna may be located on buildings and structures owned or controlled by a
public use or the Town of Vinton.
(4) An antenna shall not add more than 20 feet in height to any structure or tower and
shall comply with all other height requirements contained in this ordinance.
(5) An omnidirectional or whip antenna shall not exceed 20 feet in height or seven inches
in diameter and shall be of a material or color which matches the exterior of the
building or structure.
(6) A directional or panel antenna shall not exceed six feet in height or two feet in width
and shall be of a material or color which matches the exterior of the building or
structure.
Formatted: Numbered + Level: 1 + Numbering Style:1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75"
Formatted: Numbered + Level: 3 + Numbering Style: i,ii, iii, … + Start at: 1 + Alignment: Right + Aligned at: 1.63" + Indent at: 1.75"
Formatted: Normal, Indent: First line: 0.5", No bulletsor numbering
Formatted: Normal, No bullets or numbering
Formatted: Font: Bold
{00339363.DOCX } 6
(7) Satellite and microwave dish antennas shall not exceed six feet in diameter, shall be
of a neutral or nonreflective color with no logos, and when building or rooftop
mounted shall be located or screened so as not to be visible from abutting public
streets.
(8)(1) No commercial advertising or signs shall be allowed on an antenna.
(9)(2) No signals, lights, or illumination shall be permitted on an antenna unless required
by the FCC, FAA, or the Town of Vinton.
(10)(3) A related base stationunmanned equipment building shall not contain more than
750 square feet of gross floor area or be more than 12 feet in height.
(11) If the unrelated unmanned equipment building is located on the roof of a building,
its area and the area of the other equipment and structures shall not occupy more than
25 percent of the roof area.
(12)(4) A related unmanned equipment building and antennabase station or wireless
support structure shall meet all zoning and building code requirements including, but
not limited to, minimum yard requirements for primary structures.
(13)(5) A related unmanned equipment buildingbase station shall be landscaped with a
buffer of plant materials that effectively screens the view of the building 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 compoundenclosure. 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.
(2) An antenna that is not operational for a continuous period of 90 days shall be
considered abandoned, and the owner of such antenna shall remove same within 90
days of receipt of notice from the planning and zoning department or town manager
notifying the owner of such removal requirement. Removal includes the removal of
the antenna, all subterranean building and fence footers, underground cables and
support buildings. The buildings may remain with the approval of the landowner. If
there are two or more users of a single unmanned equipment building, then this
division shall not become effective until all users cease using the unmanned
equipment building. If the antenna and related unmanned equipment building are not
removed per this section, the town may require the landowner to have them removed.
In all cases, the site shall be returned as closely as possible to its original condition.
(c)(b) Towers and/or monopoles and the installation of antennas and accessory
equipment structures for suchWireless support structures and base stations subject to the
legislative process shall be subject to the following provisions:
(1) The height of monopoles or towerswireless support structures shall not exceed 199 feet,
including antennas.
(2) Satellite and microwave dishes attached to monopoles shall not exceed two feet in
diameter and shall not exceed six feet in diameter when attached to towers.
{00339363.DOCX } 7
(3)(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.
(4)(3) At a facility site, tThe design of the buildingsbase 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.
(5)(4) The related buildingBase 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.
(6)(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 from adjacent property. Existing mature tree growth and natural land
form on the site shall be preserved to the maximum extent possible.
(7)(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.
(8)(7) No advertising or signs of any type shall be allowed on any monopole or
towerSigns shall only be permitted on a wireless support structure as may be provided
[sign ordinance?].
(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) Failure to bring towers and antennas into compliance with such revised standards and
regulations shall constitute grounds for the removal of the tower or antenna at the owner's
expense.
(10)(1) 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.
(11)(10) Monopoles, towers, guys, and accessory facilitiesWireless 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,
{00339363.DOCX } 8
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.
(12)(11) Monopoles or towers shall be enclosed by security fencing not less than six feet in
height and shall be equipped with appropriate anticlimbing device.
(13) Each applicant for a monopole or tower shall submit six copies of a scaled site
plan and a scaled elevation view and other supporting drawings, calculations, and other
documentation, signed and sealed by appropriate licensed professionals, showing the
location and dimensions of all improvements, including information concerning
topography, radio frequency coverage, 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. The applicant shall provide copies of their collocation policy.
(14)(12) No new tower 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 reasonable reasonably [reasonably] meets the applicant's needs.
Evidence submitted with respect to accommodation may consist of any of the following:
No existing monopoles, towers, or structures are located within the geographic
area required to meet the applicant's engineering requirements and the sites
identified in section 5-65 (c) do not meet such requirements.
a. Existing monopoles, towers, or structures are not of sufficient height to meet the
applicant's engineering requirements, and monopoles, towers, or structures that
meet such requirements cannot be constructed on either site identified in section
5-65 (c).
a. Existing monopoles, towers, or structures do not have sufficient structural
strength to support applicant's proposed antenna or related equipment, and
monopoles, towers, or structures of sufficient structural strength cannot be
constructed on the sites identified in section 5-65 (c).
a. The applicant's proposed antenna would cause electromagnetic interference with
the antenna on the existing monopole, tower, or structure, or the antenna on the
existing monopole, tower, or structure would cause interference with the
applicant's proposed antenna.
a. The applicant demonstrates that there are other limiting factors that render
existing monopoles, towers, or structures unsuitable, or render unsuitable the
{00339363.DOCX } 9
construction of monopoles, towers, or structures upon the sites identified
in section 5-65 (c).
(14) Every applicant for a monopole or tower, as a condition for the issuance of the
special use permit, file with the town a continuing bond in the penal sum of not less than
$10,000.00, and conditioned for the faithful observance of the provisions of this division
and all amendments thereto, and of all the laws and ordinances relating to monopoles and
towers, and which shall indemnify and save harmless the town from any and all damaged
judgments, costs, or expenses which the town may incur by reason of the removal [of], or
the causing to be removed, any monopole or tower, as provided for in section 5-65(b)(16)
of this division.
(14) Any monopole or tower, that is not operational for a continuous period of 90 days
shall be considered abandoned, and the owner of such monopole or tower shall remove
same within 90 days of receipt of notice from the planning and zoning department or
town manager notifying the owner of such removal requirement. Removal includes the
removal of the monopole or tower, all subterranean tower and fence footers, underground
cables and support buildings. The buildings may remain with the approval of the
landowner. If there are two or more users of a single monopole or tower, then this
provision shall not become effective until all users cease using the monopole or tower. If
the monopole or tower is not removed per this section, the town may require the
landowner to have it removed. In all cases, the site shall be returned as closely as possible
to its original condition.
(14) Owners of monopoles or towers shall provide the town collocation opportunities
without compensation as a community benefit to improve radio communication for town
departments and emergency services, provided it does not conflict with the collocation
requirement of section 5-65(b)(12).
(c) Sites that are appropriate for wireless communication towers, monopoles or other
structures for joint use are Roop Street (located at 303 Roop Street, tax map number
61.17-1-13, zoned GB General Business District) and Town of Vinton Water Tank Site
(located at 945 Third Street, tax map number 70.08-1-1.2, zoned M-2 General Industrial
District). To ensure that those sites are properly developed and used, the following
requirements are adopted.
(0) A single communication tower, monopole or other structure may be constructed at the
Roop Street site conditioned upon compliance by the owner(s) of the tower,
monopole or other structure with the requirements that (i) the tower, monopole, or
other structure be able to accommodate the owner and at least three tenants; (ii)
collocation of antennas and ground equipment by other operators at a reasonable price
and upon reasonable terms and conditions be permitted; (iii) the town be given the
right, at no charge, to install and use solely for governmental purposes an antenna and
a transmission line on the tower, monopole or other structure; and (iv) the town be
provided space at the Roop Street Site (either in the building or on land), at no charge,
for equipment associated with such antenna and transmission line. The owner of the
tower, monopole or other structure shall agree to binding arbitration by a neutral
arbitrator if agreement cannot be reached on the collocation prices or other
collocation terms and conditions. Failure to comply with either of the conditions shall
{00339363.DOCX } 10
be grounds for revocation of any permit or other permission obtained from the town
by an owner of any tower, monopole or other structure.
(0) If there is no remaining capacity to collocate antennas at the Roop Street Site, a tower
(or towers), a monopole (or monopoles) or other structure(s) may be constructed only
at the town water tank site, subject to section 5-56 (b)(14), conditioned upon
compliance by the owner(s) of each tower, monopole or other structure with the
requirements that (i) the tower, monopole or other structure be able to accommodate
other operators; and (ii) collocation of antennas and ground equipment by other
operators at a reasonable price and upon reasonable terms and conditions be
permitted. The town may sell, develop or lease sufficient property at the site to
accommodate the tower(s), monopole(s), other structures and necessary
appurtenances. The owner(s) of each tower, monopole or other structure shall agree to
binding arbitration by a neutral arbitrator if agreement cannot be reached on the
collocation rate or other collocation terms and conditions. Failure to comply with
either of the conditions shall be grounds for revocation of any permit or other
permission obtained from the town by an owner of any tower, monopole or other
structure.
(0) The owner of any tower, monopole or other structure shall be responsible for
obtaining any required FAA permits or other FAA approvals and for complying with
any FAA requirements.
Sec. 5-66. – Review feesSpecial provisions on disapproval of a legislative process facility.
Any costs associated with the review of the special use permit for the town by a licensed
engineer of any of the above required information shall be paid by the applicant.
(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.
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
Formatted: List Paragraph, Numbered + Level: 1 +Numbering Style: a, b, c, … + Start at: 1 + Alignment:Left + Aligned at: 0.25" + Indent at: 0.5"
{00339363.DOCX } 11
plan, or scaled elevation in accordance with and meeting all standards of section __ and in
conformance of this section, such approval shall be granted.
(Statutory Reference: 47 U.S.C. § 1455)
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.
(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.
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).)
{00339363.DOCX } 12
…
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.
(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.
Formatted: Indent: First line: 0.5"
Formatted: List Paragraph, Numbered + Level: 1 +Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment:Left + Aligned at: 0.5" + Indent at: 0.75"
Formatted: Font: (Default) Times New Roman, 12 pt,Font color: Auto, Not Expanded by / Condensed by ,Pattern: Clear
Formatted: Font: (Default) Times New Roman, 12 pt,Font color: Auto, Not Expanded by / Condensed by ,Pattern: Clear
Formatted: Font: Bold
Formatted: Indent: First line: 0.5"
Formatted: List Paragraph, Numbered + Level: 1 +Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment:Left + Aligned at: 0.5" + Indent at: 0.75"
{00339363.DOCX } 13
(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.
(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
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.
(b)(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.
(c)(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.
{00339363.DOCX } 14
(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 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
Formatted: Font: Not Bold
Formatted: Indent: First line: 0.5"
{00339363.DOCX } 15
(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 applicants 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.
(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).)
…
Sec. 7-25. – Expiration of approved site plan.
(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.
Formatted: List Paragraph, Numbered + Level: 1 +Numbering Style: i, ii, iii, … + Start at: 1 + Alignment:Left + Aligned at: 0.75" + Indent at: 1.25"
Formatted: Indent: Left: 0"
{00339363.DOCX } 16
(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.
(b)(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 subdivision agent
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 this division, 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 plan 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, 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.
(a) …
Formatted: List Paragraph, Numbered + Level: 1 +Numbering Style: a, b, c, … + Start at: 1 + Alignment:Left + Aligned at: 0.25" + Indent at: 0.5"
Formatted: Font: (Default) Times New Roman, 12 pt,Font color: Auto
Formatted: Font: (Default) Times New Roman, 12 pt,Font color: Auto
Formatted: Font: (Default) Times New Roman, 12 pt,Font color: Auto
Formatted: Font: (Default) Times New Roman, 12 pt,Font color: Auto
Formatted: Font: (Default) Times New Roman, 12 pt,Font color: Auto
Formatted: Font: (Default) Times New Roman, 12 pt,Font color: Auto
Formatted: Font: (Default) Times New Roman, 12 pt,Font color: Auto
Formatted: Font: (Default) Times New Roman, 12 pt,Font color: Auto
Formatted: Font: (Default) Times New Roman, 12 pt,Font color: Auto
Formatted: Font: (Default) Times New Roman, 12 pt,Font color: Auto
Formatted: Font: (Default) Times New Roman, 12 pt,Font color: Auto
{00339363.DOCX } 17
(b) …
(#) 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.
(#) 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.
(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) --- ; or
(A)(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.
{00339363.DOCX } 18
(#) 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.
(#) FFCC. The Federal Communications Commission.
…
(#) Height. The vertical distance measured from the average of the lowest and highest
elevations of the finished grades immediately adjacent to a building or structure to the
highest point of a flat roof, mansard roof or parapet, or to the midpoint of a gable, hip or
shed roof, or to the highest point of any structure having no roof.
(#) 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
{00339363.DOCX } 19
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.
…
(#) 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.
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