ORD-3403 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 AN ORDINANE TO AMEND ITY ZONING ORDINANE SETION 111 BY ADDING DEFINITIONS OF SMALL WIRELESS FAILITY AND TEMORARY OMMUNIATION TOWER AND AMENDING THE DEFINITIONS OF ANTENNA, BUILDING-MOUNTED, AND OMMUNIATION TOWER, ITY ZONING ORDINANE SETION 207, ERTAINING TO REQUIREMENTS FOR BUILDING- MOUNTED ANTENNAS, TEMORARY OMMUNIATION TOWERS AND SMALL WIRELESS FAILITIES; ITY ZONING ORDINANE SETION 232, ESTABLISHING REQUIREMENTS FOR SMALL WIRELESS FAILITIES AND BUILDING-MOUNTED ANTENNAS; AND ITY ZONING ORDINANE SETIONS 301, 401, 501, 601, 701, 801, 901, 1001, 1110, 1501, 1521, 1531 AND 2203 AND SETIONS 5.1, 5.2 AND 5.3 OF THE OEANFRONT RESORT DISTRIT FORM-BASED ODE, ALLOWING SMALL WIRELESS FAILITIES AS RINIAL OR ONDITIONAL USES IN THE -1 RESERVATION DISTRIT, AG-1 AND AG-2 AGRIULTURAL DISTRITS, R-2.5 THROUGH R-40 RESIDENTIAL DISTRITS, A-12 THROUGH A-36 AARTMENT DISTRITS, H-1 HOTEL DISTRIT, O-1 AND O-2 OFFIE DISTRIT, B-2 THROUGH B-4 BUSINESS DISTRITS, I-1 AND I-2 INDUSTRIAL DISTRITS, RT-1, RT-3, AND RT-4 RESORT TOURIST DISTRITS, B ENTRAL BUSINESS ORE DISTRIT, AND OR OEANFRONT RESORT DISTRIT AND ALLOWING TEMORARY OMMUNIATION TOWERS AS RINIAL OR ONDITIONAL USES IN SUH DISTRITS Sections Amended: ity Zoning Ordinance Sections 111, 207, 232, 301, 401, 501, 601, 701, 801, 901, 1001, 1110, 1501, 1521, 1531 and 2203 and Sections 5.1, 5.2 and 5.3 of the Oceanfront Resort District Form-Based ode WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; NOW, THEREFORE, BE IT ORDAINED BY THE OUNIL OF THE ITY OF VIRGINIA BEAH, VIRGINIA: That ity Zoning Ordinance Sections 111, 207, 232, 301, 401, 501, 601, 701, 801, 901, 1001, 1110, 1501, 1521, 1531 and 2203 and Section 5.2 Of The
39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 Oceanfront Resort District Form-Based ode are hereby amended and reordained by adding a definition of small wireless facility, amending the definition of antenna, building-mounted, establishing requirements for buildingmounted antennas, temporary communication towers and small wireless facilities, and allowing small wireless telecommunication facilities as permitted or conditional uses in the -1 reservation District, AG-1 and AG-2 Agricultural Districts, R-2.5 through R-40 Residential Districts, A-12 through A-36 Apartment Districts, H-1 Hotel District, O-1 and O-2 Office District, B-2 Through B-4 Business Districts, I-1 and I-2 Industrial Districts, RT-1, RT-3, and RT-4 Resort Tourist Districts, B entral Business ore District, and Section 5.2 of the OR Oceanfront Resort District, to read as follows: ARTILE 1. GENERAL ROVISIONS. Sec. 111. Definitions. For the purpose of this ordinance, words used in the present tense shall include the future; words used in the singular number include the plural and the plural the singular; the use of any gender shall be applicable to all genders; the word "shall" is mandatory; the word "may" is permissive; the word "land" includes only the area described as being above mean sea level; and the word "person" includes an individual, a partnership, association, or corporation. In addition, the following terms shall be defined as herein indicated; provided that in the event a term defined in this section is defined differently in the regulations of any form-based district identified in Section 102(a)(13), the latter definition shall control if the property to which the definition applies is located in the form-based such district: Antenna, building mounted. Any structure or device affixed to a building or other structure, except a water tank, for the purpose of supporting broadcast equipment of any frequency or electromagnetic wave, or any similar system of wires, poles, rods, reflecting discs or similar devices used for the transmission or reception of electromagnetic waves. The term does not include communication towers, antennas mounted on communication towers, home satellite dishes, small wireless facilities or television or radio antennas used primarily for the benefit of the occupants of, or visitors to, property on which such antennas are located. 2
79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 ommunication tower. Any pole, spire or other structure, including supporting lines, cables, wires, braces, masts or other appurtenances, intended or used primarily for the purpose of affixing antennas or other wireless telecommunications equipment or for housing such equipment and any associated base station. For purposes of this ordinance, regulations pertaining to communication towers shall apply to any associated base station as applicable. The term base station includes any equipment and non-tower supporting structure at a fixed location that enable wireless communications between user equipment and a communications network, and any other equipment associated with wireless communications service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supply, and comparable equipment. The term does not include private home use of satellite dishes and television antennas or by amateur radio operators as licensed by the Federal ommunications ommission. ommunication tower, temporary. A portable communication tower that is intended or used to provide wireless telecommunication service on a temporary or emergency basis and that is not permanently affixed to the site on which it is located. Such towers include, without limitation, ells-on-wheels (OW), Site-on- Wheels (SOW), ell on Light Trucks (OLT) or other portable devices. Small Wireless Facility. Small wireless facilities include smaller antennas and compact radio equipment deployed in order to provide mobile voice and broadband service. Such facilities include distributed antenna systems (DAS), small cells, and other low-powered radio access nodes, including those that operate in licensed spectrum and unlicensed carrier-grade Wi-Fi. Small wireless facilities typically have a range from ten (10) meters to several hundred meters and can be deployed on a variety of non-traditional structures such as utility poles, as well as on rooftops and inside buildings, to enhance capacity or fill in coverage gaps. The terms shall be construed to include supporting lines, cables, wires, braces, masts or other appurtenances. ARTILE 2. GENERAL REQUIREMENTS AND ROEDURES ALIABLE TO ALL DISTRITS 3
119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 A. Regulations Relating to Lots, Yards, Heights, Off-Street arking, Off-Street Loading, and ertain Uses Sec. 207. Building-mounted antennas, small wireless facilities and temporary communication towers. (a) The following provisions shall apply to building-mounted antennas in all districts in which they are permitted, unless otherwise provided by conditional use permit: (a) (1) Antennas shall, through the use of screening, colorization, placement, design, or any combination thereof, be as visually unobtrusive as is reasonably practicable; (b) (2) No antenna shall be located upon any building or structure less than fifty thirty (50) (30) feet in height; (c) (3) No antenna shall extend to a height greater than twenty-two (22) feet above the highest point of the building or structure to which it is affixed; (d) (4) No antenna shall be erected unless a professional engineer licensed in the ommonwealth of Virginia certifies to the building official that the proposed antenna, or array of antennas, complies with all applicable Federal ommunications ommission regulations, including, without limitation, regulations pertaining to the emission of radio frequency radiation; and (e) (5) Buildings or other structures housing electronic equipment or other equipment or materials used in connection with the operation of an antenna shall meet all application setback and landscaping requirements; and. (6) Building-mounted antennas shall not be permitted on singlefamily dwellings or duplexes in any district or on any property containing such a use. 4
159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 (b) The following provisions shall apply to small wireless facilities, other than those located on public rights-of way or other public property or in the interior of a building, in all districts in which they are permitted, unless otherwise provided by conditional use permit : (1) Application requirements. Applications for small wireless facilities may encompass multiple sites, provided that all such sites are located within a single, discrete area of the ity. Applications shall include: (i) a plan showing the proposed location by Geographic arcel Identification Number (GIN) of each small wireless facility, and a diagram or other suitable representation of the proposed location of each such facility on a building or structure, showing the dimensions of each facility, its height from ground level and the type of building or structure on which each such facility is to be affixed; (ii) photographs or accurate renderings, including correct colors and exact dimensions, of each type of proposed small wireless facility; (iii) a statement signed by a professional engineer licensed in the ommonwealth of Virginia the proposed facilities comply with all applicable Federal ommunications ommission regulations, including, without limitation, regulations pertaining to the emission of radio frequency radiation; and (iv) such additional information as the planning director may reasonably require in order to determine whether the requirements of this section are met. (2) Such facilities 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. (3) If visible from a public street, equipment other than whip antennas and electrical power or battery backup cabinets shall be no greater than eight (8) cubic feet in volume. Whip antennas shall be no longer than twenty-five (25) feet. (4) Electrical power and battery backup cabinets shall, to the extent practicable, be roof-mounted or otherwise located so 5
199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 as to not be visible from a public street or, where not practicable, such equipment shall be appropriately screened by landscaping or other means minimizing visibility from a public street. (5) Minimum height of antennas, if affixed to a building or other vertical structure shall be ten (10) feet. (6) Small wireless facilities shall not be permitted on single-family dwellings or duplexes in any district or on any property containing such a use. (c) Special provisions for temporary communication towers. Temporary communication towers meeting the requirements of this subsection shall be allowed as principal uses where so provided by the regulations of the district in which they are located: (1) Maximum height shall be one hundred (100) feet; (2) Maximum duration shall be the longer of (i) five (5) days; (ii) where used in conjunction with an event permitted pursuant to ity ode Section 4-1 (special events permits), forty-eight (48) hours prior to and after such event; or (iii) in cases of declared emergencies resulting in the disablement of existing telecommunications facilities, the duration of the emergency; (3) Minimum setback from any residential district or use, as measured to the nearest lot line of such district or use, shall be two (2) times the height of the tower or one hundred fifty (150) feet, whichever is greater; (4) No grading or removal of vegetation shall be permitted; (5) Noise from generators shall not exceed sixty-five A-weighted decibels ( 65 dba) at a distance of twenty (20) feet from the noise source; (6) No signage or lighting other than as may be required by law shall be allowed; 6
239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 (7) A certification that the tower is capable of supporting the total anticipated capacity of the tower, including all appurtenances, and a certification that all equipment intended to be affixed to the proposed tower comply with all applicable regulations promulgated by the Federal ommunications ommission pertaining to the emission of radio frequency radiation shall be required prior to deployment of the tower. Such certifications shall be under seal from a professional engineer licensed in Virginia; and (8) Unless allowed by conditional use permit, no temporary communication tower shall be allowed east of acific Avenue from 4 th Street to 42 nd Street. Sec. 232. ommunication towers; building-mounted antennas; small wireless facilities. (a) urpose; applicability. (1) The purpose of this section is to (1) facilitate the provision of wireless communications services to the citizens and businesses of the city; (2) minimize the risk of physical damage and other potential adverse impacts of communications towers; (3) require, where commercially reasonable, the joint use of communications towers by providers of wireless telecommunications services so as to avoid unnecessary proliferation of communication towers and related facilities; and (4) allow the use of public property under circumstances in which such use (i) minimizes the potential adverse visual and other impacts of communication towers and their appurtenances; (ii) does not adversely affect the operation of public facilities such as public safety communications facilities and water tanks for their primary purpose; and (iii) conforms to applicable requirements pertaining to the use of public property for purposes of communication tower siting. 7
278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 (2) Notwithstanding the provisions of Section 105(d) of this ordinance, any co-location of antenna arrays or other modifications to a communication tower or base station that substantially changes, whether individually or cumulatively, the physical dimensions of such tower or base station, shall require a new or modified conditional use permit. For purpose of this section, the standards set forth in Title 47, art 1, Subpart of the ode of Federal Regulations (47.F.R. 1.40001 et seq.), or any successor regulation, shall be determinative of whether a co-location or other modification substantially changes the physical dimensions of a communication tower or base station. (j) Special provisions for communication towers affixed to electric transmission line structures and building-mounted antennas. (1) ommunication towers affixed to electric transmission line structures and building-mounted antennas shall be allowed as principal uses where so permitted in the district regulations, provided that the following requirements are met: (1) a. ommunication towers and building-mounted antennas shall be made of materials or painted in such manner as to match, to the maximum extent practicable, the color of the structure upon which they are affixed or mounted; (2) b. ommunication towers shall not project above the top of the structure to which they are affixed by more than twenty (20) percent of the height of the structure; (3) c. The owner of the communication tower or his agent submits to the planning director a list containing the name and last known address of the owner of all abutting lots, as shown on the current real estate tax assessment books or current real estate tax assessment records. The planning director shall thereafter notify such property owners of the filing of 8
318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 the site plan or building permit application seeking approval of the communication tower. No such site plan or building permit shall be approved for a period of seven (7) days from the mailing of the notices; and (4) d. Building-mounted antennas shall conform to the requirements of section 207. (2) ommunication towers affixed to electric transmission line structures and building-mounted antennas not meeting the applicable requirements of this section may be permitted as conditional uses where so provided by the regulations of the district in which they are located. (k) Small wireless facilities and temporary communication towers not meeting the requirements of Section 207 may be allowed as conditional uses where so provided by the regulations of the district in which they are located. ARTILE 3. RESERVATION DISTRIT Sec. 301. Use regulations. (a) rincipal and conditional uses. The following chart lists those uses permitted within the -1 reservation District. Those uses and structures shall be permitted as either principal uses indicated by a or as conditional uses indicated by a. No uses or structures other than as specified shall be permitted. Use -1 Antennas, building-mounted Use -1 Building-mounted antennas meeting the requirements of Section 207 9
359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 Building-mounted antennas other than those meeting the requirements of Section 207 ommunication towers meeting the requirements of Section 232(j) ommunication towers Small wireless facilities meeting the requirements of Section 207 Small wireless facilities other than those meeting the requirements of Section 207 Temporary communication towers meeting the requirements of Section 207 Temporary communication towers not meeting the requirements of Section 207 ARTILE 4. AGRIULTURAL DISTRITS Sec. 401. Use regulations. (a) rincipal and conditional uses. The following chart lists those uses permitted within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the respective agricultural districts shall be permitted as either principal uses indicated by a or as conditional uses indicated by a. Uses and structures indicated by an X shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Use AG-1 AG-2 10
401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 Antennas, building-mounted Building-mounted antennas, subject to meeting the requirements of Section 207 Building-mounted antennas other than those meeting the requirements of Section 207 ommunication towers meeting the requirements of Section 232(j) and temporary communication towers meeting the requirements of Section 207 ommunication towers except as specified above other than those meeting the requirements of Section 232(j) and temporary communication towers other than those meeting the requirements of Section 207 Small wireless facilities meeting the requirements of Section 207 Small wireless facilities other than those meeting the requirements of Section 207 ARTILE 5. RESIDENTIAL DISTRITS Sec. 501. Use regulations. (a) rincipal and conditional uses. The following chart lists those uses permitted within the R-40 through R-2.5 Residential Districts. Those uses and structures in the respective residential districts shall be permitted as either 11
443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 principal uses indicated by a "" or as conditional uses indicated by a "." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Use R-40 R-30 R-20 R-15 R-10 R-7.5 R-5D R-5R R-5S R2.5 ommunication towers meeting the requirements of Section 232(j) and temporary communication towers meeting the requirements of Section 207 ommunication towers, except as specified above other than those meeting the requirements of Section 232(j) and temporary communication towers other than those meeting the requirements of Section 207 Use R-40 R-30 R-20 R-15 R-10 R-7.5 R-5D R-5R R-5S R2.5 Small wireless facilities meeting the requirements of Section 207, except on property containing a single-family dwelling or duplex X X X X X X X X Small wireless facilities other than those meeting the requirements of Section 207, except on property containing a single -family dwelling or duplex X X X X X X X ARTILE 6. AARTMENT DISTRITS 12
488 489 490 491 492 493 494 495 496 497 Sec. 601. Use regulations. (a) rincipal and conditional uses. The following chart lists those uses permitted within the A-12 through A-36 Apartment Districts. Those uses and structures in the respective apartment districts shall be permitted as either principal uses indicated by a or as conditional uses indicated by a. Uses and structures indicated by an X shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 Use A-12 A-18 A-24 A-36 Building-mounted antennas, subject to meeting the requirements of Section 207 Building-mounted antennas other than those meeting the requirements of Section 207 ommunication towers meeting the requirements of Section 232(j) and and temporary communications towers meeting the requirements of Section 207 ommunication towers, except as specified above other than those meeting the requirements of Section 232(j) and temporary communication towers other than those meeting the requirements of Section 207 Small wireless facilities meeting the requirements of Section 207 13
527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 Small wireless facilities other than those meeting the requirements of Section 207 ARTILE 7. HOTEL DISTRITS Sec. 701. Use regulations. (a) rincipal and conditional uses. The following chart lists those uses permitted within the H-1 Hotel District. Those uses and structures in the district shall be permitted as either principal uses indicated by a or as conditional uses indicated by a. Uses and structures indicated by an X shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Use H-1 Building-mounted antennas, subject to meeting the requirements of Section 207 Building-mounted antennas other than those meeting the requirements of Section 207 ommunication towers meeting the requirements of Section 232(j) and temporary communication towers meeting the requirements of Section 207 ommunication towers, except as specified above other than those meeting the requirements of Section 232(j) and temporary communication towers other than those meeting the requirements of Section 207 14
569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 Small wireless facilities meeting the requirements of Section 207 Small wireless facilities other than those meeting the requirements of Section 207 ARTILE 8. OFFIE DISTRITS. Sec. 801. Use regulations. (a) rincipal and conditional uses. The following chart lists those uses permitted within the O-1 and O-2 Office Districts. Those uses and structures in the respective office districts shall be permitted as either principal uses indicated by a or as conditional uses indicated by a. Uses and structures indicated by an X shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Use O-1 O-2 Building-mounted antennas, subject to meeting the requirements of Section 207 X Building-mounted antennas other than those meeting the requirements of Section 207 ommunication towers meeting the requirements of Section 232(j) and temporary communication towers meeting the requirements of Section 207 ommunication towers, except as specified above other than those meeting the requirements of Section 232(j) and temporary communication towers other than those meeting the requirements 15
610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 of Section 207 Small wireless facilities meeting the requirements of Section 207 Small wireless facilities other than those meeting the requirements of Section 207 ARTILE 8. BUSINESS DISTRITS Sec. 901. Use regulations. (a) rincipal and conditional uses. The following chart lists those uses permitted within the B-1 through B-4K Business Districts. Those uses and structures in the respective business districts shall be permitted as either principal uses indicated by a "" or as conditional uses indicated by a "." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Use B-1 B-1A B-2 B-3 B-4 B-4 B-4K Building-mounted antennas meeting the requirements of Section 207 Building-mounted antennas other than those meeting the requirements of Section 207 ommunication towers meeting the requirements of Section 232(j) and temporary communication towers meeting the requirements of Section 207 ommunication towers other than those meeting the requirements of Section 232(j) and temporary communication towers, except as specified above other than those meeting the requirements of Section 207 X X X X X 16
635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 Small wireless facilities meeting the requirements of Section 207 Small wireless facilities other than those meeting the requirements of Section 207 ARTILE 10. INDUSTRIAL DISTRITS. Sec. 1001. Use regulations. 17 (a) rincipal and conditional uses. The following chart lists those uses permitted within the I-1 and I-2 Industrial Districts. Those uses and structures in the respective industrial districts shall be permitted as either principal uses indicated by a "" or as conditional uses indicated by a "." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Use I-1 I-2 Building-mounted antennas meeting the requirements of Section 207 Use I-1 I-2 Building-mounted antennas other than those meeting the requirements of Section 207 ommunication towers meeting the requirements of Section 232(j) and temporary communication towers meeting the requirements of Section 207 ommunication towers, except as specified above other than those meeting the requirements of Section 232(j) and temporary communication towers other than those meeting the requirements of Section 207
672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 710 711 712 Small wireless facilities meeting the requirements of Section 207 Small wireless facilities other than those meeting the requirements of Section 207 ARTILE 15. RESORT TOURIST DISTRITS A. RT-1 Resort Tourist District Sec. 1501. Use regulations. (a) The following chart lists those uses permitted within the RT-1 Resort Tourist District as either principal uses, as indicated by a "" or as conditional uses, as indicated by a "." onditional uses shall be subject to the provisions of art of Article 2 (section 220 et seq.). No uses or structures other than those specified shall be permitted. All uses, whether principal or conditional, should to the greatest extent possible adhere to the provisions of the Oceanfront Resort Area Design Guidelines. Use RT-1 Building-mounted antennas meeting the requirements of Section 207 Building-mounted antennas other than those meeting the requirements of Section 207 Small wireless facilities meeting the requirements of Section 207 Small wireless facilities other than those meeting the requirements of Section 207 18
713 714 715 716 717 718 719 720 721 722 Temporary communication towers meeting the requirements of Section 207 Temporary communication towers other than those meeting the requirements of Section 207 B. RT-3 Resort Tourist District 723 724 725 726 727 728 729 730 731 732 733 Sec. 1521. Use regulations. (a) The following chart lists those uses permitted within the RT-3 Resort Tourist District as either principal uses, as indicated by a "" or as conditional uses, as indicated by a "." onditional uses shall be subject to the provisions of art of Article 2 (section 220 et seq.). Except for single-family, duplex, semidetached and attached dwellings, buildings within the RT-3 District may include any principal or conditional uses in combination with any other principal or conditional use. No uses or structures other than those specified shall be permitted. All uses, whether principal or conditional, should to the greatest extent possible adhere to the provisions of the Special Area Design Guidelines (Urban Areas) set forth in the Reference Handbook of the omprehensive lan. 734 Use RT-3 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 Building-mounted antennas meeting the requirements of Section 207 Building-mounted antennas other then those meeting the requirements of Section 207 ommunication towers Small wireless facilities meeting the requirements of Section 207 19
750 751 752 753 754 755 756 757 758 759 760 761 762 763 764 765 766 767 768 769 770 771 772 773 774 775 776 777 778 779 780 781 782 783 784 785 786 787 788 789 790 791 792 Small wireless facilities other than those meeting the requirements of Section 207 Temporary communication towers meeting the requirements of Section 207 Temporary communication towers other than those meeting the requirements of Section 207 D. RT-4 RESORT TOURIST DISTRIT Sec. 1531. Use regulations. (a) rincipal uses and structures. (0.5) Antennas, building-mounted. Building-mounted antennas meeting the requirements of Section 207. (4) Small wireless facilities meeting the requirements of Section 207. (c) onditional uses and structures: Uses and structures hereinafter specified, subject to compliance with the provisions of part of article 2 hereof: (7) Small wireless facilities other than those meeting the requirements of Section 207. ARTILE 22. ENTRAL BUSINESS DISTRIT. 20
793 794 795 796 797 798 799 800 801 802 803 804 805 806 807 808 809 810 811 812 813 814 815 816 817 818 819 820 821 822 823 824 825 826 827 828 829 830 831 832 833 834 B. DEVELOMENT REGULATIONS Sec. 2203. Use regulations. (a) The following chart lists those uses permitted within the entral Business ore District. Uses and structures shall be allowed either as principal uses, indicated by a "", or as conditional uses, indicated by a "." Uses and structures indicated by an "X" shall be prohibited, unless allowed by special exception for Alternative ompliance pursuant to Section 2205. No uses or structures other than as specified herein or as allowed pursuant to subsection (b) shall be permitted. Use B Building-mounted antennas meeting the requirements of Section 207 Building-mounted antennas other then those meeting the requirements of Section 207 ommunication towers meeting the requirements of Section 232(j) and temporary communication towers meeting the requirements of Section 207 ommunication towers, except as specified above not meeting the requirements of Section 232(j) and temporary communication towers not meeting the requirements of Section 207 Small wireless facilities meeting the requirements of Section 207 Small wireless facilities other than those meeting the requirements of Section 207 Oceanfront Resort District Form-Based ode 21
835 836 837 838 839 840 841 842 843 844 845 846 847 848 849 850 851 852 853 854 855 856 857 858 859 860 861 862 863 864 865 866 867 868 869 870 871 872 hapter 5. Use Sec. 5.1. General rovisions 5.1.1 ermitted Uses (AENDIX 1 TO ITY ZONING ORDINANE) The permitted use table identifies uses allowed by building type. The key for the use table is set forth below. A. ermitted Use () Indicates that the use is permitted by right. B. Limited Use (L) Indicates that the use, while permitted by right unless otherwise specified, must meet the applicable use standard.. onditional Use () Indicates that the use requires approval as a conditional use before it is allowed. Use standards may also apply. D. "--" Indicates that a use is not permitted. E. Uses not specifically listed, other than those allowed pursuant to Sec. 5.1.3 or by Special Exception allowed pursuant to Sec. 7.3, shall not be permitted. OMMENT The section is shown for reference purposes only. SE. 5.2. ERMITTED USE TABLE MIXED-USE BUILDING OMMERIAL BUILDING AARTMENT BUILDING ROW HOUSE DETAHED HOUSE IVI BUILDING 22
873 874 875 USE OTHER Buildingmounted antenna Ground Floor Upper Floors Ground Floor All Floors Ground Floor Upper Floors All Floors All Floors -- L L L L L L L See Sec. MIXED-USE BUILDING OMMERIAL BUILDING AARTMENT BUILDING ROW HOUSE DETAHED HOUSE IVI BUILDING Use Standard /Notes USE OTHER Ground Upper Floor Floors Ground Floor All Floors Ground Floor Upper Floors All Floors All Floors Use Standard /N ommunication tower -- -- -- -- -- -- -- -- ; see Sec 232 876 877 878 879 880 881 882 883 884 885 886 887 888 889 890 891 892 ommunication tower, temporary, meeting the requirements of Section 207 ommunication tower, temporary, other than those meeting the requirements of Section 207 Small wireless facility Sec. 5.3. Use Standards 5.3.16. Building-Mounted Antenna -- -- -- -- -- -- -- -- L; see Section 207 -- -- -- -- -- -- -- -- ; see Section 207 L L L L L L L L See Sec. 207 Building-mounted antennas meeting the requirements of section 207 are allowed as principal uses; building-mounted antennas not meeting the requirements of section 207 are allowed as conditional uses. 5.3.17. Small wireless facility. 23
893 894 895 896 897 898 899 900 901 902 Small wireless facilities meeting the requirements of Section 207 are allowed as principal uses, and small wireless facilities not meeting the requirements of Section 207 are allowed as conditional uses, on the building types designated in Section 5.2 or on utility poles other than those in the public right-of-way unless allowed pursuant to franchise or license agreement. No such facility shall be allowed on a single-family dwelling or duplex. Adopted by the ouncil of the ity of Virginia Beach, Virginia, on the 21 st day of April, 2015 24