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PC 11-06-19 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia November 6, 2019 7:00 P.M. CALL TO ORDER TAB 1)Adoption of Agenda: Pursuant to established procedures, the Planning Commission should adopt the Agenda for the meeting ....................................................................... (no tab) 2)Committee Reports ......................................................................................................... (no tab) 3)Citizen Comments ........................................................................................................ (no tab) PUBLIC HEARING 4)Ordinance Amendment to the Frederick County Code – Chapter 165 Zoning, ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses, Part 204 Additional Regulations for Specific Uses, §165-204.18. Storage facilities, self-services; ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses, Part 204 Additional Regulations for Specific Uses, §165-204.24. Tractor truck and tractor trailer parking; ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses, Part 204 Additional Regulations for Specific Uses, §165-204.30 Special event facilities; ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses, Part 202 Off-Street Parking, Loading and Access, §165-202.01 Off-street parking; parking lots; ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses, Part 203 Buffers and Landscaping, §165-203.01. Landscaping requirements; ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses, Part 203 Buffer and Landscaping, §165-203.02 Buffer and screening requirements. Revisions to the Frederick County Zoning Ordinance to improve consistency within certain sections and to clarify or reduce requirements for certain uses. Mr. Klein ............................................................................................................................... (A) 5)Ordinance Amendment to the Frederick County Code – Chapter 165 Zoning, ARTICLE I General Provisions; Amendments; and Conditional Use Permits, Part 101 General Provisions, §165-101.02 Definitions and word usage, ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses, Part 204 Additional Regulations for Specific Uses, §165-204.19. Telecommunication facilities, commercial; ARTICLE VI Business and Industrial Zoning Districts, Part 605 OM Office- Manufacturing Park District, §165-605.02. Permitted uses, ARTICLE VI Business and Industrial Zoning Districts, Part 609 HE Higher Education District, §165-609.02. Permitted uses. Revisions to the Frederick County Zoning Ordinance to §165-204.19 to permit commercial telecommunication small cell facilities by-right in certain zoning districts and codify changes from the Code of Virginia governing local regulation of such facilities. Mr. Klein ................................................................................................................................ (B) Other Adjourn Commonly Used Planning Agenda Terms Meeting format Citizen Comments – The portion of the meeting agenda offering an opportunity for the public to provide comment to the Planning Commission on any items not scheduled as public hearing items. Public Hearing– A specific type of agenda item, required by State law, which incorporates public comment as a part of that item prior to Planning Commission or Board of Supervisors action. Public hearings are held for items such as: Comprehensive Plan policies and amendments; Zoning and Subdivision Ordinance amendments; and Rezoning and Conditional Use Permit applications. Following the Public Hearing, the Planning Commission will take action on the item (see below). Action Item–There are both public hearing and non-public hearing items on which the Planning Commission takes action. Depending on the actual item, the Planning Commission may approve, deny, table, or forward a recommendation to the Board of Supervisors regarding the agenda item. No public comment is accepted during the Action Item portion of the agenda. Information/Discussion Item– The portion of the meeting agenda where items are presented to the Planning Commission for information and discussion. The Planning Commission may offer comments and suggestions, but does not take action on the agenda item. No public comment is accepted during the Information/Discussion Item portion of the agenda. Planning Terminology Urban Development Area or UDA – The UDA is the county’s urban growth boundary identified in the Comprehensive Plan in which more intensive forms of residential development will occur. The UDA is an area of the county where community facilities and public services are more readily available and are provided more economically. Sewer and Water Service Area or SWSA – The SWSA is the boundary identified in the Comprehensive Plan in which public water and sewer is or can be provided. The SWSA is consistent with the UDA in many locations; however the SWSA may extend beyond the UDA to promote commercial, industrial, and institutional land uses in area where residential land uses are not desirable. Land Use – Land Use is the nomenclature which refers to the type of activity which may occur on an area of land. Common land use categories include: agricultural, residential, commercial, and industrial. Zoning District - Zoning district refers to a specific geographic area that is subject to land use standards. Frederick County designates these areas, and establishes policies and ordinances over types of land uses, density, and lot requirements in each zone. Zoning is the main planning tool of local government to manage the future development of a community, protect neighborhoods, concentrate retail business and industry, and channel traffic. Rezoning – Rezoning is the process by which a property owner seeks to implement or modify the permitted land use activities on their land. A rezoning changes the permitted land use activities within the categories listed above under Land Use. Conditional Use Permit or CUP - A CUP allows special land uses which may be desirable, but are not always appropriate based on a location and surrounding land uses. The CUP requested use, which is not allowed as a matter of right within a zoning district, is considered through a public hearing process and usually contains conditions to minimize any impacts on surrounding properties. Ordinance Amendment – The process by which the County Code is revised. Often the revisions are the result of a citizen request with substantial justification supporting the change. Amendments ultimately proceed through a public hearing prior to the PC forwarding a recommendation to the Board of Supervisors. County Bodies Involved Board of Supervisors or BOS - Frederick County is governed by an elected Board of Supervisors composed of seven members, one from each magisterial district, and one chairman-at-large. The Board of Supervisors is the policy-making body of the county. Functions of the Board of Supervisors related to planning include making land use decisions, and establishing growth and development policies. Planning Commission or PC - The PC is composed of 13 members, two from each magisterial districts and one at-large, appointed by the Board of Supervisors. The Planning Commission serves in an advisory capacity to the Board of Supervisors which then takes final action on all planning, zoning, and land use matters. Comprehensive Plans and Programs Committee or CPPC – The CPPC is a major committee of the PC whose primary responsibility is to formulate land use policies that shape the location and timing of development throughout the County. Included in the work are studies of specific areas to develop guidelines for future land use within those areas. The CPPC also considers requests for amendments to the Comprehensive Plan. Decisions by CPPC are then forwarded to the PC for consideration. Development Review and Regulations Committee or DRRC – The DRRC is the second major committee of the PC whose primary responsibilities involve the implementation of the Comprehensive Plan in the form of Zoning and Subdivision ordinance requirements. Requests to amend the ordinances to the DRRC are made by the Board of Supervisors, Planning Commission, local citizens, businesses, or organizations. DRRC decisions are also forwarded to the PC for consideration. A COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: M. Tyler Klein, AICP, Senior Planner SUBJECT: Ordinance Amendment – Landscaping, buffer & screening, off-street parking, & requirements for certain uses – Public Hearing DATE: October 29, 2019 This is a proposed amendment to Chapter 165 – Zoning Ordinance to improve consistency within and between certain sections and to clarify or modify requirements for certain uses. Specifically, amendments are proposed to the following sections: •§165-204.18 Storage facilities, self-storage. The proposed changes improve consistency with landscaping and planting requirements regarding plant size in this section with other sections of the Zoning Ordinance and modifies screening requirements that do not otherwise meet the intent of the section to “screen the use”. •§165-204.24 Tractor truck and tractor trailer truck parking. The proposed changes prevent the siting of the above use adjacent to residential uses, while enabling the location of these types of facilities where they are most appropriate (i.e. adjacent to major roadways and/or in the vicinity of other business and industrial uses), provides a consistent hard surface standard for the use (gravel parking) that is consistent with the temporary nature of the use and, changes to this section also improves consistency with landscaping and planting requirements regarding plant size in this section with other sections of the Zoning Ordinance. •§165-204.30 Special event facilities. The proposed changes provide clarity with certain practices in the County, specifically that the Building Official (Department of Building Inspections) is responsible for determining if a building or structure (existing or to-be-constructed) is agriculturally exempt from the Virginia Building Code requirements or requires a building permit review. •§165-202.01 Off-street parking; parking lots. The proposed changes provide consistency with the required width of driveways serving parking lots in this section with other sections of the Zoning and Subdivision Ordinance and County Code (Fire Code). • §165-203.01 Landscaping requirements. The proposed changes improve consistency with landscaping and planting requirements regarding plant size in this section with other sections of the Zoning Ordinance, further clarifies requirements to prohibit plantings from being located within utility easements and eliminates certain plant species. • §165-203.02 Buffer and Screening requirements. The proposed changes seek to allow for the higher utilization of limited business and industrial land by eliminating the buffer requirement where a VDOT classified interstate, arterial, or collector roadway otherwise effectively creates “distance” between business/industrial uses and adjacent residential uses. Front setbacks and parking area landscaping requirements, which remains unchanged for the business and industrial zoning district, further provides a “buffer” in lieu of zoning district buffer requirements. The proposed changes also improve consistency with landscaping and planting requirements regarding plant size in this section with other sections of the Zoning Ordinance This item was proposed by a Development Review and Regulations Committee (DRRC) member/Board of Supervisors member and discussed by the DRRC at their July 25th, August 22nd and September 26th regular meetings. The DRRC generally agreed with the proposed changes, and the item was forwarded to the Planning Commission for discussion. The Planning Commission discussed this item on October 2nd, and the Board of Supervisors discussed this item on October 9th. The Board sent the item, as presented, forward to public hearing. The attached document shows the existing ordinance with the proposed changes (with bold italic for text added). This proposed amendment is being presented to the Planning Commission as a public hearing item. Staff is seeking a recommendation from the Pla nning Commission. The recommendation from the Planning Commission will be forwarded to the Board of Supervisors. Attachment: 1. Revised ordinance with additions shown in bold underlined italics. MTK/pd Revised 10/3/19 Page 1 of 7 ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 204 Additional Regulations for Specific Uses § 165-204.18. Storage facilities, self-service. F. Self-storage facilities shall meet the following landscaping or screening requirements: 1) Facilities located in the B-2 Business General District shall be have all overhead doors and loading areas completely screened around the perimeter of the property by a double row of evergreen trees that are staggered and planted a maximum of eight twelve feet off center and are a minimum of six four feet in height when planted. 2) Facilities located in the B-3 Industrial Transition District or the M-1 Light Industrial District shall be required to landscape the yard area within the front yard setback adjacent to public streets and residences to provide for a double row of evergreen trees that are staggered and planted a maximum of eight twelve feet off center. The side and rear yards shall be planted with a single row of evergreen or deciduous trees that are planted a maximum of 40 feet off ce nter. All trees shall be a minimum of six four feet in height at the time of planting. 3) Facilities located on parcels that are within a master planned industrial park or office park shall be required to landscape the perimeter of the facility with a single row of evergreen or deciduous trees that are planted a maximum of 40 feet off center. All trees shall be a minimum of six four feet in height at the time of planting. 4) The required planting of all trees described under this Subsection F shall occur in an area that is between the adjoining property boundary line and the placement of security fencing. The installation of an opaque wall or fence that is a minimum of six feet in height may substitute for required landscaped areas in all zoning districts. A solid building wall, free of windows or doors, is not required to be screened. Revised 10/3/19 Page 2 of 7 ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 204 Additional Regulations for Specific Uses § 165-204.24. Tractor truck and tractor truck trailer parking. Tractor truck and/or tractor truck trailer parking facilities in the B3 (Industrial Transition), M1 (Light Industrial) and M2 (Industrial General) Zoning Districts permitted as a primary use with a conditional use permit. The facilities shall not be located adjacent to residential uses. These lots shall meet the following conditions: A. All areas utilized for the parking of tractor trucks shall meet the requirements of § 165-202.01D. Areas utilized for and the storage of trailers may utilize a gravel surface. B. All paved and gravel surfaces shall be properly maintained to ensure that dirt, mud, gravel or the like is not distributed onto roadways. C. No inoperable tractor trucks or damaged/salvage trailers, or unlicensed trailers or cargo/storage containers shall be parked or stored on the site. D. Fuel sales shall not be permitted. E. Maintenance of trucks and trailers shall not be permitted. F. Facilities shall be required to landscape the yard area within the front setback to provide for a double row of evergreen trees that are staggered and planted a maximum of twelve feet on center. (minimum of two different species). The on-center distance between each tree in the staggered double row shall not exceed the widest width of the selected evergreen trees. At no point shall the offset between each evergreen tree planted in the staggered double row be less than 90°. The side and rear yards shall be planted with a single row of evergreen trees that are planted a maximum of 40 feet on center. All trees shall be a minimum of six four feet in height at the time of planting. The Board of Supervisors may allow for alternative landscaping based on topography and/or adjacent land uses. G. A site plan in accordance with the requirements of Article VIII shall be submitted to and approved by Frederick County. Revised 10/3/19 Page 3 of 7 ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 204 Additional Regulations for Specific Uses § 165-204.30 Special event facilities. Special events facilities, where allowed in the RA (Rural Areas) District, shall be subject to the following requirements: A. An illustrative sketch plan in accordance with the requirements of Article VIII shall be submitted with the conditional use permit application. This plan shall identify access for the facility, the location of all parking areas, the location and square footage for all structure(s) to be used, and the location of sewage disposal facilities. B. All structures associated with a special events facility shall require a building permit. review and approval by the Building Official. C. All parking spaces and travel aisles shall be graveled. The Board of Supervisors may require through the conditional use permit process that all travel aisles and/or parking spaces be paved with a minimum double prime and seal or alternative dust-free surface. D. Portable toilets shall be permitted for special event facilities, provided that they are screened from all adjoining properties and roads by topography, structures or new or existing landscaping. E. Special events facilities that share a private access easement with another property owner/s must show the easement allows a use of this type or written permission must be obtained by the sharing parties. Revised 10/3/19 Page 4 of 7 ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 202 Off-Street Parking, Loading and Access § 165-202.01 Off-street parking; parking lots D. Parking lots. 8) Entrance requirements. In no case shall a parking lot be approved which requires that vehicles back from parking spaces onto public roads. All parking lots shall be provided access to a public road using an entrance which meets all requirements of the Frederick County Code and the Virginia Department of Transportation. The width of driveways serving the parking lot shall not be less than 24 20 feet for two-way traffic, 20 feet for fire lanes, and 12 feet for one-way traffic. Revised 10/3/19 Page 5 of 7 ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 203 Buffers and Landscaping § 165-203.01. Landscaping requirements. B. Plant selection, planting procedure and maintenance. 1) Plant selection. Based on the type of landscaping, required trees and shrubs shall be selected from the table of acceptable trees and shrubs shown below. Types of Landscaping Acceptable Trees and Shrubs Common Name Scientific Name Types of Landscaping Permitted Leyland Cypress Cupressocyparis x leylandii Screen, ornamental Editor’s Note: Bradford Pears and all varieties of ornamental flowering pears are prohibited from being used to fulfill planting or substitute planting requirements. 2) Planting procedure. All required trees and shrubs shall meet the specifications and procedures established by the American Nursery and Landscape Association. a) All trees shall be planted no closer than three feet to the edge of sidewalks, curb or other pavement. b) Deciduous trees shall be a minimum of two 1.25-inch caliper at the time of planting. c) Only single-stem trees shall be planted as street trees. d) Evergreen trees shall be a minimum of four feet in height at the time of planting. Shrubs shall be a minimum three-gallon container at the time of planting. In addition to the three-gallon container requirement, parking lot headlight screening shrubs shall be a minimum of 36 inches in height at time of planting (unless topography allows a reduction to maintain 36” from pavement to top of shrub), and buffer shrubs shall be a minimum of 18 inches in height at time of planting. Spacing of parking lot screening shrubs shall be no greater than four feet on center. e) Only trees having a mature height of less than 20 feet shall be located under overhead utility lines. Trees shall not be planted within easements for water, sewer, electric, or gas. f) Measurement of size. Caliper is measured six inches above the ground up to and including four-inch caliper size and 12 inches above the ground for larger sizes. Diameter at breast height (dbh) will be measured at the height of 54 inches from the base of the trunk or as otherwise allowed in the Guide for Plant Appraisal. Revised 10/3/19 Page 6 of 7 ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 203 Buffers and Landscaping § 165-203.02. Buffer and screening requirements. A. Distance buffers. Distance buffers are based on the nature of an activity and its proximity to an activity of a different nature. They are linear distances measured from property lines inward. Part of the buffer must be inactive and part may be active. The inactive portion begins at the adjoining property line, as shown in the example diagrams. 1) Inactive distance buffer. This portion of a buffer area permits no activity except the necessary utility functions provided by transmission lines, underground conduits, stormwater management, sidewalks, trails, etc. 2) Active distance buffer. This portion of a buffer area may not be encroached by a building or other principal structure or activity. However, accessory activities, such as parking, are permitted in this area. Active buffers shall not contain road rights-of-way. 3) Wherever proposed developments are adjacent to or within 1,000 feet of the boundaries of existing uses, the Board of Supervisors may require increased or additional distance buffers to separate different uses to achieve the intentions of this section. B. Screening. Screening is designed to work with distance buffers to lessen the impact of noise or visual interaction between adjacent activities. There are two levels of screening: landscape screening and full screening. The higher the level of screening provided, the lower the level of distance buffer required. The example diagrams show how this works. 1) Landscape screening. A landscape screen consists of a totally landscaped area easement at least 10 feet in depth; plantings are encouraged to be spaced appropriately within the inactive buffer. Within the area easement, there shall be a minimum landscaping density of three plants per 10 linear feet. The buffer shall consist of a combination of 1/3 deciduous trees, 1/3 evergreen trees and 1/3 shrubs. Deciduous trees shall be planted at a minimum of two1.25-inch caliper, evergreen trees shall be a minimum of four feet in height, and shrubs shall be 18 inches in height at time of planting. 2) Full screen. A full screen provides all the elements of a landscape screen and also includes a six- foot-high, opaque hedge, fence, wall, mound, or berm., or an additional two rows of evergreen trees that are six feet tall at time of planting. A fifty-foot strip of mature woodlands may be allowed as a full screen. 3) Wherever proposed developments are adjacent to existing uses, the Board of Supervisors may require additional landscaping, landscaped areas, or landscaped easements to separate different uses and to achieve the intentions of this section. D. Zoning district buffers. Buffers shall be placed on land to be developed when it adjoins land in certain different zoning districts. Revised 10/3/19 Page 7 of 7 1) Buffers shall be provided on the land to be developed according to the categories in the following tables: a) Buffer categories: 2) If a lot being developed is adjacent to developed land which would normally be required to be provided with a buffer but which does not contain the buffer, the required buffer shall be provided on the lot being developed. The buffer to be provided shall be of the larger category required on either the lot being developed or the adjacent land. Such buffer shall be in place of the buffer normally required on the lot being developed. The buffer may include required setbacks or buffers provided on the adjacent land. Whenever land is to be developed in the B1, B2, B3, OM, M1 or M2 Zoning District that is adjacent to a state road with a right-of-way with a designated functional classification of interstate, arterial or collector as approved by the Virginia Department of Transportation, zoning district buffers shall not be required along the road. 3) The Board of Supervisors may grant a waiver to reduce the required buffer distance requirements between land primarily used for residential purposes and the B-1 (Neighborhood, Business) or B- 2 (Business, General) Zoning District with the consent of the adjacent (affected) property owners. Should a waiver be granted by the Board of Supervisors, the distance requirements of § 165- 203.02D(1)(a) may be reduced, provided that the full screening requirements of this section are met. 4) The Zoning Administrator may waive any or all of the requirements for the zoning district buffers on a particular site plan when all uses shown on the site plan are allowed in the zoning district in which the development is occurring and in the adjoining zoning districts. 5) The Zoning Administrator may waive, reduce and/or modify buffer yard requirements (distance and landscaping) if, in his opinion, the topography of the lot providing the buffer yard and the lot being protected is such that the required yard would not be effective. The buffer may also be modified to maintain highway sight distances. 6) Land proposed to be developed in the B3, OM, M1 or M2 Zoning District OM Office- Manufacturing Park District, the M1 Light Industrial District and the M2 Industrial General District may be permitted to have a reduced buffer distance that is consistent with the required side or rear building setback line, provided that the following requirements are met: a) The property to be developed with a reduced buffer distance is part of an approved master planned industrial park. b) There are no primary or accessory uses within the reduced buffer distance area, including driveways, access drives, outdoor storage areas, parking areas, staging areas, loading areas and outdoor dumpster areas. All-weather surface fire lanes necessary to meet the requirements of Chapter 90, Fire Prevention, of the Code of Frederick County, Virginia, shall be exempt from this performance standard. c) A full screen is required to be created within the reduced buffer distance area which shall be comprised of a continuous earth berm that is six feet higher in elevation than the highest elevation within the reduced buffer distance area and a double row of evergreen trees that are a minimum of six feet in height and planted a maximum of eight feet from center to center. B COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: M. Tyler Klein, AICP, Senior Planner SUBJECT: Ordinance Amendment – Telecommunications Facilities, Commercial – Public Hearing DATE: October 29, 2019 Following changes in state law in 2017 and 2018 regarding zoning rules for wireless infrastructure and following Board member requests for ordinance amendments to enable better provision of internet services in underserved areas of the County. Staff has prepared a revision to the Zoning Ordinance provisions regarding telecommunications facilities. Staff notes the proposed revision includes changes to two (2) definitions and changes Additional Regulations for Specific Uses outlined in §165-204.19. With respect to §165-204.19, the changes are wholesale, though some of the existing section language is carried over to the revision. Because much of the revised language does result from state law provisions, state law references are included, for informational purposes, in brackets, throughout the revision. The proposed changes enable smaller commercial telecommunications facilities in certain zoning districts by-right in order to enable better internet service to underserved areas of the County (such as Shawneeland). Further, the proposed changes codify changes to the Code of Virginia, which created a two-track process for approval of telecommunication facilities. The legislation (attached) treats certain, defined small scale facilities as “administrative review-eligible projects” that a locality must permit in any zoning district, without the requirement of a Conditional Use Permit. This would enable “small cell facilities,” structures under 50-feet (FT) in height, or co-location of a wireless facility on an existing structure to be sited administratively. The legislation also revamps the rules for larger projects (such as telecommunication monopoles), what it calls “standard process projects”. These types of facilities would continue to be permitted through the County’s Conditional Use Permit (CUP) process. The proposed text amendment addresses the above legislation. Finally, the proposed changes would enable telecommunications towers as “allowed uses” i.e. by-right in the OM (Office-Manufacturing Park) and HE (Higher Education) Zoning Districts, consistent with the allowed uses for the B3 (Industrial Transition) and MS (Medical Support) Zoning Districts. This item was proposed by the County Attorney and discussed by the DRRC at their September 26th regular meeting. The DRRC agreed with the proposed changes and the item was forwarded to the Planning Commission for discussion. The Planning Commission discussed this item on October 2nd, and the Board of Supervisors discussed this item on October 9th. The Board sent the item, as presented, forward to public hearing. The attached document shows the existing ordinance with the proposed changes (with bold italic for text added). This proposed amendment is being presented to the Planning Commission as a public hearing item. Staff is seeking a recommendation from the Planning Commission. The recommendation from the Planning Commission will be forwarded to the Board of Supervisors. Attachments: 1. Revised ordinance with additions shown in bold underlined italics. 2. Code of Virginia, Article 7.2 MTK/pd Revised 9/18/19 Page 1 of 7 ARTICLE I General Provisions; Amendments; and Conditional Use Permits Part 101 General Provisions § 165-101.02 Definitions and word usage. COMMERCIAL TELECOMMUNICATION FACILITY, COMMERCIAL A structure Infrastructure, including the towers, antennas, panels, microwave dishes, receiving dishes, equipment building, other transmitting and receiving components and other accessory structures, used for the wireless electromagnetic transmission of information, excluding structures utilized as satellite earth stations and structures utilized for amateur or recreational purposes such as ham radio or citizen band radio. TELECOMMUNICATIONS TOWERS A structure, including the tower, antennas, panels, microwave dishes, receiving dishes, equipment building, other transmitting and receiving components and other accessory structures, used for the wireless electromagnetic transmission of information, excluding structures utilized as satellite earth stations and structures utilized for amateur or recreational purposes such as ham radio or citizen band radio. [Term effectively superseded by definitions in Va. Code § 15.2-2316.3] Revised 9/18/19 Page 2 of 7 ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 204 Additional Regulations for Specific Uses § 165-204.19. Telecommunication facilities, commercial. A. Definitions. The terms used in this section shall have the same meanings as set out in Virginia Code Section 15.2-2316.3, unless the context requires a different meaning. B. Administrative review-eligible projects. 1. Notwithstanding any other provision of this Chapter, but subject to the requirements of this subsection, the following shall be permitted in all zoning districts: a. any small cell facility [Va. Code § 15.2-2316.4]; b. any structure that is not more than 50 feet above ground level, provided that the structure with attached wireless facilities is (i) not more than 10 feet above the tallest existing utility pole located within 500 feet of the structure within the same public right-of-way or within the existing line of utility poles; (ii) not located within the boundaries of a local, state, or federal historic district; and (iii) designed to support small cell facilities [Va. Code §§ 15.2- 2316.3 & 15.2-2316.4:1(A)]; or c. co-location of a wireless facility on the existing structure of a wireless facility that is not a small cell facility [Va. Code §§ 15.2-2316.3 & 15.2-2316.4:1(A)]. 2. Any person seeking to install a facility or structure identified in paragraph 1 of this subsection shall make application to the Zoning Administrator, accompanied by payment of a fee of $100 each for up to five facilities or structures on the same application and $50 each for each additional facility or structure on the same application. [Va. Code § 15.2-2316.4(B)(2)] The application shall be subject to consideration as follows: a. The Zoning Administrator shall approve or disapprove the application within 60 days of receipt of the complete application. Within 10 days after receipt of an application and a valid electronic mail address for the applicant, the Zoning Administrator shall notify the applicant by electronic mail whether the application is incomplete and specify any missing information; otherwise, the application shall be deemed complete. Any disapproval of the application shall be in writing and accompanied by an explanation for the disapproval. The 60-day period may be extended by the Zoning Administrator in writing for a period not to exceed an additional 30 days. The application shall be deemed approved if the Zoning Administrator fails to act within the initial 60 days or an extended 30-day period. [Va. Code § 15.2-2316.4(B)(1)] b. The Zoning Administrator shall only deny approval for the facility or structure on account of: (i) material potential interference with other pre-existing communications facilities or with future communications facilities that have already been designed and planned for a specific location or that have been reserved for future public safety communications facilities, or (ii) the public safety or other critical public service needs. Otherwise, the Zoning Administrator shall approve the facility or structure and the facility or structure Revised 9/18/19 Page 3 of 7 does not require approval from the Planning Commission or the Board of Supervisors. [Va. Code § 15.2-2316.4(B)(4)] c. The applicant may voluntarily submit, and the Zoning Administrator may accept, conditions that address potential visual or aesthetic effects resulting from the placement, pursuant to this subsection, of a facility or structure. [Va. Code § 15.2-2316.4(B)(5)] C. Standard process projects. 1. Except as provided in subsection B, no wireless facility or wireless support structure shall be sited, constructed, or operated except pursuant to a conditional use permit issued through the process defined in Part 103 of Article I of this Chapter. The issuance of a conditional use permit for the siting, construction, and operation of a wireless facility is permitted within the zoning districts specified in this Chapter, provided that, pursuant to Virginia Code § 15.2- 2232(A), the general location or approximate location, character, and extent of such facilities are substantially in accord with the adopted Comprehensive Plan or part thereof and that adjoining properties, surrounding residential properties, land use patterns, scenic areas, and properties of significant historic value are not negatively impacted. [based on current intro to County Code § 165-204.19] 2. Any person seeking to install a facility or structure pursuant to this subsection shall make application to the Zoning Administrator, accompanied by payment of a fee of $7,000. [Va. Code § 15.2-2316.4:1(B)(2) (“the fee shall not exceed the actual direct costs to process the application, including permits and inspection”)] The application shall be subject to consideration as follows and include the indicated information: a. The Board of Supervisors shall approve or disapprove the application within 150 days of receipt of the complete application by the Zoning Administrator or such shorter period as required by federal law, unless the applicant and the Board agree to a longer period for approval or disapproval of the application. Within 10 days after receipt of an application and a valid electronic mail address for the applicant, the Zoning Administrator shall notify the applicant by electronic mail whether the application is incomplete and specify any missing information; otherwise, the application shall be deemed complete. [Va. Code § 15.2-2316.4:1(C)] b. Information to be included with application: i. A map depicting the search area used in siting the proposed facility or structure [Va. Code § 15.2-2316.4:2(D); based on current 165-204.19(A)(2)]; ii. Identification of all service providers and commercial telecommunications facility infrastructure within the search area [Va. Code § 15.2-2316.4:2(D); based on current 165-204.19(A)(3)]; iii. Confirmation that attempts to co-locate on existing structures have been made and, if such attempts were unsuccessful, the reasons so [Va. Code § 15.2-2316.4:2(D); based on current 165-204.19(A)(3)]; iv. Documentation issued by the Federal Communications Commission indicating that the proposed facility is in compliance with the Federal Communications Commission’s established ANSI/IEEE standards for electromagnetic field levels and radio frequency radiation [based on current 165-204.19(A)(4)]; v. An affidavit signed by the landowner and by the owner of the facility or structure stating that they are aware that either or both of them may be held responsible for the Revised 9/18/19 Page 4 of 7 removal of the facility or structure as stated in subsection E [based on current 165- 204.19(A)(5)]; and vi. The applicant may voluntarily submit, and the Board may accept, conditions that address potential visual or aesthetic effects resulting from the placement of the facility or structure. [Va. Code § 15.2-2316.4:2(C)] 3. If the Board of Supervisors grants a conditional use permit under this subsection, the following standards shall then apply to any property on which a wireless facility or wireless support structure is sited, in order to promote orderly development and mitigate the negative impacts to adjoining properties, residential properties, land use patterns, scenic areas, and properties of significant historic value: a. The Board may reduce the required setback distance for the wireless facility or wireless support structure as required by § 165-201.03(B)(8) of this Code if it can be demonstrated that the location is of equal or lesser impact. When a reduced setback is requested for a distance less than the height of the tower, a certified Virginia engineer shall provide verification to the Board that the wireless facility or wireless support structure is designed, and will be constructed, in a manner that if the wireless facility or wireless support structure collapsed the wireless facility or wireless support structure will be contained in an area around the wireless facility or wireless support structure with a radius equal to or lesser than the setback, measured from the center line of the base of the wireless facility or wireless support structure. In no case shall the setback distance be reduced to less than 1/2 the distance of the height of the wireless facility or wireless support structure. b. Monopole-type construction shall be required for any new wireless facility or wireless support structure. The Board may allow lattice-type construction when existing or planned residential areas will not be impacted and when the site is not adjacent to identified historic resources. c. No more than two signs shall be permitted on any wireless facility or wireless support structure. Such signs shall be limited to 1.5 square feet in area and shall be posted no higher than 10 feet above grade. d. When lighting is required for a wireless facility or wireless support structure, dual lighting shall be utilized which provides daytime white strobe lighting and nighttime red pulsating lighting unless otherwise mandated by the Federal Aviation Administration or the Federal Communications Commission. Strobe lighting shall be shielded from ground view to mitigate illumination to neighboring properties. Equipment buildings and other accessory structures operated in conjunction with the wireless facility or wireless support structure shall utilize infrared lighting and motion-detector lighting to prevent continuous illumination. e. Every wireless facility and wireless support structure shall be constructed with materials of a galvanized finish or be of a non-contrasting blue or gray unless otherwise mandated by the Federal Aviation Administration or the Federal Communications Commission. f. Every wireless facility and wireless support structure shall be adequately enclosed to prevent access by persons other than employees of the service provider. Appropri ate landscaping and opaque screening shall be provided to ensure that equipment buildings and other accessory structures are not visible from adjoining properties, roads, or other rights-of-way. [the entirety of the above subsection C(3) is based on current 165-204.19(B)] 4. If the Board of Supervisors denies a conditional use permit under this subsection, the Board Revised 9/18/19 Page 5 of 7 shall: a. Provide applicant with a written statement of the reasons for the denial [Va. Code § 15.2- 2316.4:1(E)(1)]; b. Identify any modifications of which the County is aware that would permit it to approve the conditional use permit [Va. Code § 15.2-2316.4:1(E)(2)]; and c. Have supporting substantial record evidence in a written record publicly released within 30 days of denial [Va. Code § 15.2-2316.4:1(F)(2)]. D. Maintenance of existing facilities and/or structures and replacement of existing facilities and/or structures within a 6-foot perimeter with substantially similar or same size or smaller facilities and/or structures is exempt from fees and permitting requirements under this section. [Va. Code § 15.2-2316.4:3(A)] E. Any facility or structure permitted by this section that is not operated or used for a continuous period of 12 months shall be considered abandoned, and the owner of such facility or structure shall remove same within 90 days of receipt of notice from the Frederick County Department of Planning and Development. If the facility or structure is not removed within the ninety-day period, the County may remove the facility and a lien may be placed to recover expenses. [Va. Code § 15.2-2316.4(B)(6); based on current County Code § 165-204.19(B)(7)] The intent of this section is to ensure that the siting of commercial telecommunication facilities occurs through the conditional use permit public hearing process defined in Article I, Part 103 of this chapter. Commercial telecommunication facilities that locate on existing structures and towers shall be exempt from the conditional use permit requirement. The siting of commercial telecommunication facilities is permitted within the zoning districts specified in this chapter, provided that residential properties, land use patterns, scenic areas and properties of significant historic value are not negatively impacted. A. Information required as part of the conditional use permit application shall include, but not be limited to, the following: (1) A map depicting the search area used in siting each proposed commercial communications facility. (2) Identification of all service providers and commercial telecommunication facility infrastructure within a proposed search area. The applicant shall provide confirmation that an attempt to collocate on an existing telecommunication facility has been made. (3) Information demonstrating that the commercial telecommunication facility is in compliance with the Federal Communication Commissions established ANSI/IEEE standards for electromagnetic field levels and radio frequency radiation. (4) An affidavit signed by the landowner stating that he/she is aware that he/she may be held responsible for the removal of the commercial telecommunications facility as stated in § 165- 204.19B(7). B. The following standards shall apply to any property in which a commercial telecommunication facility is sited, in order to promote orderly development and mitigate the negative impacts to adjoining properties: Revised 9/18/19 Page 6 of 7 (1) The Board of Supervisors may reduce the required setback distance for commercial telecommunication facilities as required by § 165-201.03B(8) of this chapter if it can be demonstrated that the location is of equal or lesser impact. When a reduced setback is requested for a distance less than the height of the tower, a certified Virginia engineer shall provide verification to the Board of Supervisors that the tower is designed, and will be constructed, in a manner that if the tower collapses for any reason the collapsed tower will be contained in an area around the tower with a radius equal to or lesser than the setback, measured from the center line of the base of the tower. In no case shall the setback distance be reduced to less than 1/2 the distance of the tower height. Commercial telecommunication facilities affixed to existing structures shall be exempt from setback requirements, provided that they are located no closer to the adjoining property line than the existing structure. (2) Monopole-type construction shall be required for new commercial telecommunication towers. The Board of Supervisors may allow lattice-type construction for new telecommunication towers when existing or planned residential areas will not be impacted and when the site is not adjacent to identified historical resources. (3) Advertising shall be prohibited on commercial telecommunication facilities except for signage providing ownership identification and emergency information. No more than two signs shall be permitted. Such signs shall be limited to 1.5 square feet in area and shall be posted no higher than 10 feet above grade. (4) When lighting is required on commercial telecommunication facility towers, dual lighting shall be utilized which provides daytime white strobe lighting and nighttime red pulsating lighting unless otherwise mandated by the Federal Aviation Administration or the Federal Communications Commission. Strobe lighting, shall be shielded from ground view to mitigate illumination to neighboring properties. Equipment buildings and other accessory structures operated in conjunction with commercial telecommunication facility towers shall utilize infrared lighting and motion-detector lighting to prevent continuous illumination. (5) Commercial telecommunication facilities shall be constructed with materials of a galvanized finish or painted a noncontrasting blue or gray unless otherwise mandated by the Federal Aviation Administration or the Federal Communication Commission. (6) Commercial telecommunication facilities shall be adequately enclosed to prevent access by persons other than employees of the service provider. Appropriate landscaping and opaque screening shall be provided to ensure that equipment buildings and other accessory structures are not visible from adjoining properties, roads or other rights-of-way. (7) Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such tower shall remove same within 90 days of receipt of notice from the Frederick County Department of Planning and Development. Removal includes the removal of the tower, all tower and fence footers, underground cables and support buildings. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. If the tower is not removed within the ninety-day period, the County will remove the facility and a lien may be placed to recover expenses. Revised 9/18/19 Page 7 of 7 ARTICLE VI Business and Industrial Zoning Districts Part 605 OM Office-Manufacturing Park District § 165-605.02. Permitted uses. Permitted Uses Standard Industrial Classification (SIC) Communication facilities and offices, including telephone, telegraph, radio, television and other communications. 48 Part 609 HE Higher Education District § 165-609.02. Permitted uses. Structures to be erected or land to be used shall be for one or more of the following uses: H. Communication facilities and offices, including telephone, telegraph, radio, television and other communications.