A Zoning Ordinance Text Amendment to Section 11-102 to Clarify the Location Requirements for Wireless Facilities
WHEREAS, on November 8, 2007, the Board of Supervisors initiated this text amendment; and
WHEREAS, on November 29, 2007, the Planning Commission held a public hearing on the proposed text amendment and forwarded the proposed text amendment to the Board of Supervisors recommending approval; and
WHEREAS, on December 13, 2007, the Fauquier County Board of Supervisors held a public hearing on this amendment; and
WHEREAS, adoption of the attached amendment to Section 11-102 supports good zoning practices, convenience, and the general welfare; now, therefore, be it
ORDAINED by the Fauquier County Board of Supervisors this 13th day of December 2007, That Section 11-102 be, and is hereby, amended as follows:
11-102 Telecommunications Use And/Or Structures.
2. Personal Wireless Facilities. These facilities are allowed in all zoning district categories by right, subject to meeting the following performance criteria. For purposes of this section, the term “wildlife management area” shall mean the Chester Phelps Wildlife Management Area and the G. Richard Thompson Wildlife Management Area, or any other geographical area within the County designated by the Commonwealth of Virginia as a wildlife management area. The terms “woodland” and “wooded areas” shall mean growth of deciduous or conifer trees at a minimum density of 80 wooden stems per acre of trees that measure at least four inches in diameter breast high (DBH) or four and one half feet. The applicant shall file a site plan with supporting documentation adequate to demonstrate that the following standards have been met:
a. Location. Any new personal wireless facility shall be located in areas that are:
(5) If the site is located on
(i) the personal wireless
facility shall not interfere with any signal from existing equipment of
the primary user;
(ii) the site shall comply with § 11-102.2.a (4) above; and
(iii) the setback provisions of this Ordinance shall not apply.
3. Transmission Towers.
b. General Performance Criteria:
(14) When locating on Fauquier County Water and Sanitation
Authority, or fire and/or rescue company site: 1) the telecommunication
equipment shall not interfere with the existing equipment of the primary
use; and 2) the setback provisions of Section
c. Additional Submission Requirements.
(3) More specifically, a sight line presentation must be
presented. A sight line shall be drawn from the three closest
residential units included in the vicinity plan to the highest visible
point on the personal wireless facility. If there are no residential
units in the mandatory setback distance, reference