Chesapeake

New communication towers meeting the definition of an administrative-review eligible project, or the co-location of a wireless facility that is not a small cell facility on an existing structure, shall be considered an administrative review-eligible project. All such projects shall be reviewed pursuant to the criteria put forth in Virginia Code Section 15.2-2316.4:2, as amended

Within ten (10) days after receipt of an 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. All such applications shall be approved or denied within the following specified time periods: (i) For a new structure within the lesser of one hundred fifty (150) days of receipt of the completed application or the period required by federal law for such approval or disapproval; or (ii) For the co-location of any wireless facility that is not a small cell facility, within the lesser of ninety (90) days of receipt of a completed application, or the period required by federal law for such approval.

the fee for processing administrative review-eligible projects shall be five hundred dollars ($500.00) in accordance 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 if the proposed height of any wireless support structure, wireless facility, or wireless support structure with attached wireless facilities exceeds fifty (50) feet above ground level.

Nothing in this ordinance shall be interpreted to prohibit the city from limiting the number of new structures or the number of wireless facilities that can be installed within a five hundred foot (500') radius of an existing wireless support structure that could support co-location at that specific location.

Temporary portable towers also known as cells on wheels (COWS), are permitted under the following circumstances: a. For use when a duly authorized communication tower is undergoing maintenance that requires antennas to be disconnected or turned off. b. As a temporary replacement if a duly authorized tower is damaged, until it can be repaired. Such repair must occur in a timely manner. c. For use in an emergency situation during the activation of the city's emergency operations center. d. In non-emergency situations set out in subparagraphs a. and b. above, a permit shall be obtained from the zoning administrator authorizing the COW for a maximum of sixty (60) days, which period may be extended at the discretion of the zoning administrator. e. For special events not to exceed seven (7) days under a special event permit approved in accordance with section 13-1504 of this ordinance.

Communication small cell facilities installed by a wireless service provider or wireless infrastructure provider on existing structures; provided that the following requirements are met: The wireless service provider or wireless infrastructure provider either (1) obtains the approval of the City of Chesapeake by virtue of a franchise agreement and right-of-way permit or lease, as required by law, if a new communication small cell facility is proposed to be located in the right-of-way or on city property; or (2) the wireless service provider or wireless infrastructure provider: (i) has permission from the owner of an existing pole, building or structure to co-locate equipment on that pole, building or structure and (ii) notifies and provides evidence of such permission to the locality in which the permitting process occurs; and b. The applicant shall submit a preliminary site plan to the department of planning for administrative review and approval by the director of planning or designee as authorized under section 18-202 of this ordinance.

Communication small cell facilities attached to existing structures shall not exceed 50 feet above ground level. Must be concealed from view on public property. Not permitted in historic overlay if visible from public right-of-way.

An applicant may submit up to thirty-five (35) permit requests on a single application. All such completed applications, as determined by the director of planning or designee, shall be approved or disapproved within sixty (60) days of receipt of the complete application. Within ten (10) days after receipt of an 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 60-day period may be extended by the locality in writing for a period not to exceed an additional thirty (30) days. The application shall be deemed approved if the locality fails to act within the initial sixty (60) days or an extended 30-day period.

Notwithstanding the fees put forth in section 20-102 of this ordinance, the fee for processing small cell facility applications shall be one hundred dollars ($100.00) for each application proposing up to five (5) small cell facilities and fifty dollars ($50.00) for each additional small cell facility proposed on a permit application.

The communication small cell shall not have the potential to pose a material interference with other pre-existing communication facilities or with future communication facilities that have already been designed and planned for a specific location or that have been reserved for future public safety communication facilities, as determined by the city.

If the communication small cell facility shall be installed on or in publicly owned or publicly controlled property, excluding privately owned structures, the communication small cell facility shall be substantially concealed from view by means of painting or tinting to match the surface of the building or other structure to which they are affixed or by other suitable method, such as by flush-mounting or integration into the design elements of the building or structure.

Further, electrical power and battery backup cabinets shall be roof-mounted or otherwise located so as not to be visible from a public street or, where not practicable as determined by the director of planning or designee, such equipment shall be appropriately screened by landscaping or other means minimizing visibility from a public street.

Communication small cells facilities shall only be permitted in the Chesapeake historic and cultural preservation overlay district if they are not visible from a public right-of-way, as determined by the zoning administrator or designee.

At such time that the communication small cell ceases to be used for communications purposes for three (3) consecutive months, the applicant shall remove the communication small cell from the property. If the applicant fails to remove the communication small cell within thirty (30) days of written notice from the zoning administrator, the director of development and permits or designee, through his or her own agents or employees, shall be authorized to remove the communication small cell and assess all charges incurred in such removal on the applicant.

The installation, placement, maintenance or replacement of micro-wireless facilities that are suspended on cables or lines that are strung between existing utility poles shall not require any permit from the city nor shall they be subject to any fee from the city if the applicant provides the director of planning or designee with proof of compliance with all national safety codes.

Micro-wireless facilities suspended on cables between existing utility poles shall not require any permit or fee if proof of compliance with national safety codes is provided.

All freestanding book exchanges shall require a permit from the zoning administrator or designee prior to installation. The height of the freestanding book exchange shall not exceed six (6) feet and the size of such book exchange shall be no larger than four (4) square feet of lot coverage area.

Livestock, as defined in article 3 of this ordinance, shall not be considered or treated as pets and shall not be permitted as an accessory use on residential property unless otherwise specifically permitted in this ordinance.

Vietnamese Potbellied Pigs, Juliana Pigs, or veterinarian-certified similar breeds as defined below may be kept as pets in the C-1 (conservation), A-1 (agriculture), RE-1 (residential estates) and all residential zoning districts, provided that a conditional use permit shall be required to keep such animals in the R-TH-1, R-MF-1 and R-MF-2 districts. Livestock projects for educational purposes shall be permitted in A-1 and all residential districts with the exception of the R-TH-1, R-MF-1 and R-MF-2 districts.