Title
Ordinance to Amend and Re-Enact the Zoning Ordinance of the City of Hampton, Virginia by Amending Section 3-2 entitled, “Table of Uses Permitted” and Section 3-3 entitled, “Additional Standards On Uses,” to Modify Where and How Wireless Infrastructure is Permitted
Purpose
Background Statement:
In recent years, the Federal Communications Commission (FCC) and the Virginia General Assembly adopted new legal criteria governing the installation of wireless infrastructure, which strictly limit City authority to regulate wireless infrastructure, both within City-owned public rights-of-way and upon private property.
City Code amendment #20-0294 addressed these structures in the right-of-way and was approved by City Council on October 14, 2020. This amendment and accompanying amendment #20-0279 address these structures upon private property.
Approval of this amendment would continue to permit macro towers (over 50' in height) in all districts with a use permit. Towers 50’ in height and meeting the definition of "administrative-eligible review project" in the zoning ordinance will be permitted by right in all districts, subject to additional standards and obtaining a Wireless Infrastructure Permit. Small cell systems, typically involving small antennas and equipment cabinets installed on utility poles and other structures, must be processed via an administrative permit process under limited review standards. Approval of this amendment would permit these small cell systems that are attached to existing structures and poles in all districts, subject to additional standards and obtaining a Wireless Infrastructure Permit.
Approval of this amendment would establish a new "Wireless Infrastructure Permit," which would be required to be obtained by providers prior to installation of wireless infrastructure upon private property. The amendment sets forth the applicable legal standards, which vary based upon the scope and type of equipment to be installed.
The C...
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