NOTICE OF PUBLIC HEARING
NELSON COUNTY BOARD OF SUPERVISORS
PROPOSED AMENDMENT TO THE CODE OF NELSON COUNTY, VIRGINIA
APPENDIX A- ZONING ARTICLE 20, COMMUNICATION TOWERS, TO REPEAL SECTIONS 20-1 THROUGH 20-19, INCLUDING THE FEE SCHEDULE, AND THE ENACTMENT OF REPLACEMENT SECTIONS 20-1 THROUGH 20-21
Pursuant to §15.2-1427 and §15.2-2204 of the Code of Virginia 1950 as amended, the Nelson County Board of Supervisors will hold a public hearing on January 23, 2014, at 7:00 o’clock p.m., or as soon as possible thereafter, in the General District Courtroom in the Courthouse in Lovingston, Virginia. The purpose of said public hearing is to receive public input on an ordinance proposed for passage to repeal Appendix A – Zoning Ordinance, Article 20, Communication Towers, §20-1 through §20-19, including the Fee Schedule, and to enact replacement §20-1 through §20-21.
The following is a descriptive summary of the proposed ordinance:
20-1, Title, 20-2 Purpose, 20-3 Jurisdiction: Essentially unchanged from prior ordinance.
20-4 Definitions: Definitions include most of the terms included in the prior ordinance with the following major changes:
Class A Communication Tower: A communication tower which is equal to or greater than forty (40) feet in tower height and which is less than or equal to one hundred (100) feet in tower height located in a Conservation District, C-1; Agricultural District, A-1; Service Enterprise District, SE-1; Business, B-1; Business, B-2; Industrial, M-1; or Industrial, M-2 zoning districts.
Class B Communication Tower: Any communication tower located in a Residential, R-1; Residential, R-2; or Residential Planned Community, (RPC) District; or any communication tower in any district that is greater than one hundred (100) feet in tower height, to a maximum allowed height of 130 feet; or any communication tower within three hundred (300) feet of an occupied dwelling, provided however, if the owners of all such occupied dwellings affirm in writing to the applicant that they have no objection to the proposed tower, then this final clause shall not, standing alone, cause the proposed communication tower to proceed as a Class B communication tower application.
Class C Personal Wireless Services: As defined in Section 20-18 of the proposed ordinance.Substantial increase in the size of a previously approved Tower is defined in the same manner as provided in Section 20-18-1 of the prior ordinance.
20-5 Communication Tower Categories: Class A Communication Tower permits may be issued by the Planning and Zoning Director. Class B Communication Tower permits may issued by the Board of Supervisors. Class C Wireless Services Facilities must comply with Section 20-18.
20-5-1 Insurance: $1 million in general liability per occurrence to be maintained.
20-6 Application and Procedure for Approval of a Class A Tower: establishes the requirements for administrative approval by the Planning and Zoning Director of Class A tower applications.
20-7 Application and Procedure for Approval of a Class B Tower: establishes requirements for a Class B Tower applications which include a balloon test and review by the Planning Commission with the option of a public hearing, and sets forth factors to be considered by the Board of Supervisors, following public hearing, in determining whether to issue a Class B permit.
20-8 View Sheds, Required Minimum Setbacks: establishes notification and setback requirements concerning the Blue Ridge Parkway, Skyline Drive, and Virginia Scenic Byways.
Towers < 100 feet: setback is 500 feet from the boundary line of the Blue Ridge Parkway, Skyline Drive or Virginia Scenic Byway closest to the tower.
Towers 100 feet – 130 feet: setback is 1,000 feet from the boundary line of the Blue Ridge Parkway, Skyline Drive or Virginia Scenic Byway closest to the tower.
Towers > 130 feet: setback is 2,000 feet from the boundary line of the Blue Ridge Parkway, Skyline Drive or Virginia Scenic Byway closest to the tower.
20-9 Standards for Siting and Construction: Lists tower design and construction requirements.
20-10 Building Permits: Establishes building permit procedure.
20-11 Completion Requirement: Requires completion of permitted towers within one year of permit issuance unless otherwise provided for in the permit. A one year extension may be granted in the event of unforeseen circumstances.
20-12 Removal and Reporting: Establishes procedures for tower removal.
20-13 Exemptions from Regulations Otherwise Applicable: Provides for exceptions to several requirements.
20-15 Access to Site: Allows the County access to facilities to ensure compliance.
20-16 Application Fee Schedule: Class A application permit fee is $1,000 and Class B application fee is $2,000.
20-17 Modification of Certain Regulations: allows Board of Supervisors to modify location or height restrictions, or both, and to impose conditions in accordance with Section 20-2 after notice and public hearing.
20-18 Class C Personal Wireless Services: Class C Personal Wireless Service Facility is defined in the same manner as was provided in subparts (i) through (iv) of the definition of a Class IV Personal Wireless Service Facility in Section 20-18-1 of the prior ordinance. The provisions of Section 20-18 of the prior ordinance applicable to these subparts are included in this section.
20-19 Authority of Planning and Zoning Director: Authorizes enforcement by the Director and grants the Director certain administrative power to approve amendments to permits.
20-20 Tower Permit Applications Eligible for Administrative Review: includes policies, procedures, and fees concerning Co-location applications, Tower Permit Amendments and Unclassed Poles, and Temporary Tower Permit Applications.
20-21 Appeals: includes appeal procedures for applicants and provides for denials to be made in writing.
The full text of the proposed Ordinance is available for public inspection in the office of the County Administrator, 84 Courthouse Square, Lovingston VA 22949, at the Office of Planning and Zoning, 80 Front Street, Lovingston VA 22949, or on the County’s website at http://www.nelsoncounty-va.gov.
BY AUTHORITY OF THE NELSON COUNTY BOARD OF SUPERVISORS