Chesapeake

Administrative review-eligible project means a project that provides for: 1) The installation or construction of a new wireless support structure, as defined below, that is no more than fifty (50) feet above ground level, provided that the structure with attached wireless facilities is (i) not more than ten (10) feet above the tallest existing utility pole located within five hundred (500) feet of the new 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; (iii) not located inside the jurisdictional boundaries of a locality having expended a total amount equal to or greater than thirty-five (35) percent of its general fund operating revenue, as shown in the most recent comprehensive annual financial report, on undergrounding projects since 1980; and (iv) the new wireless support structure is designed to support small cell facilities; or 2) The co-location on any existing structure of a wireless facility that is not a small cell facility.

Communication small cell facilities, including any antennas and reasonably required mounting and mechanical equipment, that are attached to existing wireless support structures or other existing poles, buildings or structures shall not be mounted to exceed a maximum height of fifty (50) feet above ground level.

each antenna is located inside an enclosure of no more than six (6) cubic feet in volume, or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six (6) cubic feet; and 2) all other wireless equipment associated with the facility has a cumulative volume of no more than twenty eight (28) cubic feet

Micro-wireless facility is defined as a small cell facility that is no larger than twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches in height and that has an exterior antenna, if any, no longer than eleven (11) inches.

Except as provided below, all communication towers shall be handled as standard process projects and shall require a conditional use permit, obtained in accordance with the provisions of article 17 of this ordinance.

Within ten (10) days after receipt of a conditional use permit application and a valid electronic mail address for the applicant, the locality shall notify the applicant by electronic mail whether the application is incomplete and specify any missing information; otherwise, the application shall be deemed complete.

The city council may deny an application for a conditional use permit for a new structure or co-location of a wireless facility if: 1. The applicant fails to demonstrate that a significant gap in personal wireless services exists within the area to be served by the proposed facility; or 2. The applicant fails to demonstrate that it has made a good faith effort to co-locate its wireless facility on an existing wireless support structure or in an alternative location within the search area; or 3. The proposed location of the new structure or co-location of a wireless facility is in an area where all cable and public utility facilities are required or encouraged to be placed underground in accordance with Virginia Code Section 15.2-2316.5:2, as amended; or 4. Existing wireless support structures within a five hundred foot (500') radius are available for co-location.

A completed conditional use permit application shall be deemed approved if the city council fails to approve or disapprove the application within the periods specified above or any agreed extension thereof.

Any disapproval of the conditional use permit application shall be in writing and accompanied by an explanation for the disapproval, and the locality must describe any modifications that could be made to the application which would permit the city to approve the proposed project.

the fee for processing standard process projects shall be set forth in the annual budget ordinance adopted by city council; provided that the fee shall not exceed the actual direct costs to process the application, including permits and inspection, and shall otherwise conform with Virginia Code Section 15.2-2316.4:1, as amended.

Nothing in this section shall be interpreted to prohibit the denial of an application because: i. The proposed height of any wireless support structure, wireless facility, or wireless support structure with attached wireless facilities exceeds fifty (50) feet above

The applicant shall submit a preliminary site plan to the department of planning for administrative review and approval by the director of planning as authorized under section 18-202 of this ordinance. The site plan for the building-supported antenna shall be approved only if the following minimum standards are met: a. No more than five (5) antennas and antenna arrays shall be located on any one (1) building or structure. b. The highest point of the antenna shall not exceed twenty-two (22) feet as measured from the highest point of the roof on the building or structure to which the antenna is attached. c. Building-supported antennas shall be painted or colorized to match the color of the building, or painted or colorized a color to blend with the building, or surrounding environment, as determined by the planning director. d. The antenna shall be screened from view, or otherwise designed and installed in a manner which renders the antenna unobtrusive from view. e. Antennas shall not be mounted on utility poles or lighting structures unless installed within a Virginia Power standard transmission easement or within a public right-of-way along or on an interstate maintained by the Virginia Department of Transportation. f. Antennas shall not be attached to any building or structure less than fifty (50) feet in height as measured from ground level. g. A statement is received from a registered engineer certifying that the NIER (non-ionizing electromagnetic radiation) emitted from the antennas, when measured in conjunction with all other emissions from antennas mounted on the same building or structure, does not result in an exposure at any point within or outside such facility which exceeds the lowest applicable exposure standards established by any regulatory agency of the U.S. Government or the American National Standards Institute.

Building-supported antennas shall not exceed 22 feet above the roof, max 5 antennas per building, must be painted to match building, and screened from view.

All communication towers located on municipal property shall be exempt from conditional use permit requirements and shall be allowed as a permitted use in all zoning districts, subject to the following requirements: approval by virtue of a franchise agreement and right-of-way permit or a lease by either the school board or city council, as required by law, with public notification to adjacent property owners by sign posting in the same manner required for rezoning applications and conditional use permits and preliminary site plan approval.

No communication tower may exceed one hundred seventy-five (175) feet in height unless a conditional use permit is acquired for this purpose.

Landscape buffering standards set out in section 13-606 of this ordinance shall be required unless the planning commission determines that suitable ground space is not available and that elimination or reduction of the landscaping would not cause adverse impact on surrounding neighborhoods.

For those proposed towers within the Fentress Airfield Overlay District, within five (5) miles of Naval Support Activity Norfolk, Northwest Annex and within three thousand (3,000) feet of the perimeter of Norfolk Naval Shipyard and St. Julien's Creek Annex, the planning department shall request that the Department of the Navy evaluate the impacts on naval facilities and operations. A conditional use permit shall be required for a proposed communications tower that may have an impact on naval facilities and operations.

For those proposed towers within the Fentress Airfield Overlay District, within five (5) miles of Naval Support Activity Norfolk, Northwest Annex and within three thousand (3,000) feet of the perimeter of Norfolk Naval Shipyard and St. Julien's Creek Annex, the planning department shall request that the Department of the Navy evaluate the impacts on naval facilities and operations.

Communication towers existing under a valid conditional permit may be replaced and/or increased up to twenty-five (25) percent in height by administrative site plan approval, provided that (i) the communication tower, as replaced or increased in height, does not exceed the height limitations set out in section 13-604.D. below, (ii) all landscaping requirements in section 13-606 of this ordinance are met, (iii) all new structures and buildings installed in conjunction with the replacement of the tower and/or increase in height meet applicable development criteria and standards of this ordinance; and (iv) the application for approval of the site plan contains all information, reports and evidence required under section 13-602.D. below, relating to structural integrity and emissions.

the height of the communication tower, as replaced or extended, does not exceed five hundred (500) feet or ten (10) percent of the height of the communication tower prior to replacement or extension, whichever is less