Title
Ordinance To Amend And Re-Enact Chapter 34 Of The City Code Of The City Of Hampton, Virginia Entitled “Streets and Sidewalks,” By Amending Article III Pertaining To Wireless Infrastructure
Purpose
PURPOSE/BACKGROUND:
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.
While macro towers (over 50' in height) may continue to require a use permit under the zoning ordinance, 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 establish a new "Wireless Infrastructure Permit," which would be required to be obtained by providers prior to installation of wireless infrastructure within public rights-of-way. The amendment sets forth the applicable legal standards, which vary based upon the scope and type of equipment to be installed. The Wireless Infrastructure Permit would replace the individual encroachment process for installation of qualifying devices on poles and structures owned by third parties. The zoning ordinance will continue to govern installation of wireless infrastructure on private property and is not affected by this amendment.
The City can legally review Wireless Infrastructure Permit applications based upon limited criteria, including factors such as public safety concerns and interference with existing communications equipment. The City can also apply reasonable aesthetic standards. Accordingly, The City of Hampton Wireless Infrastructure and Small Cell Design Standards were developed to guide the siting of new equipment within public rights-of-way. An interdepartmental team including the...
Click here for full text