AGENDA DATE: 8/2/2017
TITLE:
Resolution of Intent to amend the Zoning Ordinance Regulations Pertaining to Personal Wireless Service Facilities
BODY
SUBJECT/PROPOSAL/REQUEST: Resolution of Intent to amend the Zoning Ordinance Regulations Pertaining to Personal Wireless Service Facilities to address amendments to the Code of Virginia
ITEM TYPE: Consent Action Item
STAFF CONTACT(S): Walker, Kamptner, Blair, Graham, Fritz
PRESENTER (S): Bill Fritz
LEGAL REVIEW: Yes
REVIEWED BY: Douglas C. Walker
BACKGROUND: The Code of Virginia was amended effective July 1, 2017 to include limitations on a locality’s ability to regulate a “small cell facility”. The County’s current Zoning Ordinance provisions are inconsistent with the provisions of the Code of Virginia. (Virginia Code §§ 15.2-2316.3 et seq. and 56-484.26 et seq.)
STRATEGIC PLAN: Infrastructure Investment: Prioritize, plan, and invest in critical infrastructure that responds to past and future changes and improves the capacity to serve community needs
DISCUSSION: In order to fully implement the new legislation, the County must amend the Zoning Ordinance. The County is not required to review a “small cell facility”. The options to amend the Ordinance are: 1. Allow small cell facilities by-right, without review, subject to compliance with the Code of Virginia; or, 2. Amend the Zoning Ordinance to comply with the limitations of the Code of Virginia and continue to review “small cell facility” applications. During the Planning Commission’s and Board’s review of the zoning text amendment staff will offer comment on both options.
BUDGET IMPACT: If the County continues to review applications for “small cell facilities” the fees enabled by the Code of Virginia likely will not cover the cost to review the applications.
RECOMMENDATION:
Recommendation
Staff recommends that the Board adopt the attached Resolution of Intent (Attachment A).
ATTACHMENTS:
Attachment A - Resolution of Intent