§ 5-5007. Supplementary use regulations for miscellaneous use types.

A.

Reserved.

B.

Amateur radio tower.

1.

The maximum height allowed shall be no greater than two hundred (200) feet pursuant to Section 15.2-2293.1 of the Code of Virginia.

2.

The following setback requirements shall apply to all towers and antennas:

a.

The tower must be set back from any off-site residential structure no less than the full height of the tower structure and height of any mounted antenna.

b.

Towers, guys and accessory facilities must satisfy the minimum setback requirements for primary structures.

C.

Aviation facility. .....An aircraft landing area or airport may be permitted, provided:

1.

A satisfactory airspace analysis by the Federal Aviation Administration for operation under visual flight rules shall be submitted with the use permit application.

2.

For fixed-wing aircraft, a clear zone extending one thousand (1,000) feet from the end of all runways shall be secured through ownership or easement, but, in no case, shall the end of a runway be closer than two hundred (200) feet from any property line.

3.

For both fixed- and rotary-wing aircraft, neither the landing area nor any building, structure, or navigational aid shall be located within four hundred (400) feet of any property line adjacent to a residential district or use.

a.

Landing areas for rotary-wing aircraft shall be designed to comply with the Airport Design Guide of the Federal Aviation Administration.

D.

Communication tower (and associated substation).

1.

General description. .....The purpose of this section is to establish general guidelines for the siting of towers and antennas. The goals of this section are to:

a.

Encourage the location of towers in nonresidential areas and minimize the total number of towers and tower sites throughout the community.

b.

Encourage strongly the joint use of new and existing tower sites.

c.

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal.

d.

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas.

e.

To provide adequate sites for the provision of telecommunication services with minimal negative impact on the resources of the county.

This section is intended to comply with all federal and state regulations.

2.

Applicability. .....This section shall not govern any tower, or the installation of any antenna, that is:

a.

Under fifty (50) feet in height;

b.

Owned and operated by a federally licensed amateur radio station operator;

c.

Used exclusively for receive only antennas for amateur radio station operation;

d.

Used solely as part of an agricultural operation; or

e.

Towers or antennas used primarily by governmental agencies for public safety communications and emergency services are exempt from the conditional use permit process, provided they meet the guidelines set forth by [subsection] 5-5007.D.13 and 14 of the Zoning Ordinance as determined through the preliminary site development plan process.

3.

Existing structures and towers. .....The placement of an antenna on or in an existing structure such as a building, sign, light pole, water tank, or other freestanding structure or existing tower or pole shall be permitted so long as the addition of said antenna shall not add more than twenty (20) feet in height to said structure or tower and shall not require additional lighting pursuant to FAA (Federal Aviation Administration) or other applicable requirements.

Such permitted use also may include the placement of additional buildings or other supporting equipment used in connection with said antenna so long as such building or equipment is placed within the existing structure or property and is necessary for such use. The following shall be required of any proposed antenna or "co-location":

a.

All utilities required will be placed beneath the surface of the ground.

b.

Commercial wireless service co-locations shall not include facilities for transmitting or receiving signals by governmental agencies.

c.

All co-locations must be in compliance with Federal Communication Commission (FCC) standards for non-ionizing electromagnetic emissions.

In addition, a non-ionizing electromagnetic radiation (NIER) report shall be required for any proposed co-location if an impact analysis for that co-location port was not included within the NIER report submitted at the tower approval stage.

4.

General guidelines and requirements.

a.

Must consider county-owned locations first in considering new builds.

b.

Must agree up front to escrow or payment in lieu of escrow.

c.

Principal or accessory use:

i.

For purposes of determining compliance with area requirements, antennas and towers may be considered either principal or accessory uses.

ii.

An existing use or an existing structure on the same lot shall not preclude the installation of antennas or towers on such lot.

iii.

For purposes of determining whether the installation of a tower or antenna complies with district regulations, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased area within such lots.

iv.

Towers that are constructed, and antennas that are installed, in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure.

5.

Inventory of existing sites. .....Each applicant for an antenna and or tower shall provide to the department of planning and zoning an inventory of its existing facilities that are either within the locality or within five (5) miles of the border thereof, including specific information about the location, height, and existing use and available capacity of each tower.

The department of planning and zoning may share such information with other applicants applying for approvals or conditional use permits under this section or other organizations seeking to locate antennas within the jurisdiction of the locality, provided, however that department of planning and zoning shall not, by sharing such information, in any way represent or warrant that such sites are available or suitable.

6.

Design and lighting requirements. .....The requirements set forth in this section shall govern the location of all owners and the installation of all antennas governed by this section; provided, however, that the board of supervisors may waive any of these requirements if it determines that the goals of this section are better served thereby.

a.

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA (Federation Aviation Administration), be painted a neutral color, so as to reduce visual obtrusiveness. Dish antennas will be of a neutral, nonreflective color with no logos.

b.

At a facility site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and surrounding structures.

c.

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

d.

Towers shall not be artificially lighted, unless required by the FAA (Federal Aviation Administration) or other applicable authority. If lighting is required, the board of supervisors may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.

e.

No advertising of any type may be placed on the tower or accompanying facility unless as part of retrofitting an existing sign structure.

f.

To permit co-location, the tower may be required to be designed and constructed to permit extensions.

7.

Federal requirements. .....All towers must meet or exceed current standards and regulations of the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC), and any other agency of the federal government with the authority to regulate towers and antennas. In addition, the tower owner shall implement U.S. Fish and Wildlife Service procedures for communication tower construction, operation, and decommissioning to protect endangered night-migrating birds under the Migratory Bird Treaty Act, Endangered Species Act, and Bald and Golden Eagle Act.

8.

Building codes. .....To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable federal, state and local building codes and regulations.

9.

Information required for conditional use permit. .....Each applicant requesting a conditional use permit under this section shall submit a scaled plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping and adjacent uses. The county may require other information to be necessary to assess compliance with this section. Additionally, the applicant shall:

a.

Provide actual photographs of the site from all geographic directions (north, south, east, and west) and from any additional vantage point specified by the zoning administrator; and

b.

Erect a temporary structural marker of fluorescent color, not less than ten (10) feet in height and two (2) feet in diameter, to mark the base of the proposed tower on the site.

The photographs shall contain a simulated photographic image of the proposed tower and include the foreground, the mid-ground, and the background of the site. The structural marker shall be erected at the time of application and removed within ten (10) days after the final public hearing for the proposed conditional use permit request. The objective of the photograph simulations and structural marker shall be to provide a vertical representation of the structure for survey of the visual impacts the tower will have from significant highway corridors, residential properties, and historic/significant areas.

In addition to the above required information, the applicant shall also submit the following:

i.

An engineering report from a qualified radio-frequency engineer that is sealed and signed and specifies the height above grade for all potential mounting positions for co-location antennae and the minimum required separation distances between antennae to ensure no frequency interference.

ii.

An engineering report from a qualified structural engineer that is sealed and signed, and supports the proposed vertical design separation of antennae and includes the following:

(1)

The tower height and design including cross-section and elevation.

(2)

Structural mounting designs and materials list.

(3)

Certification that the proposed tower is compatible for co-location with a minimum of six (6) users (including the primary user) at the heights proposed and specification on the type of antennae that the tower can accommodate.

iii.

The applicant shall provide copies of its co-location policy.

iv.

The applicant shall provide copies of propagation maps demonstrating that antennas and sites for possible co-locator antennae are no higher in elevation than necessary.

v.

The personal communications service carrier shall be a co-applicant for all applications.

vi.

For the purpose of determining the tower's suitability for use in the case of a local, state, or national emergency, the applicant shall provide written information specifying what measures will be provided to accomplish continued communications operations in the event of power outages caused by a manmade or natural disaster, i.e., backup generators, etc.

10.

Factors considered in granting conditional use permits for new towers. .....The board of supervisors of Isle of Wight County shall consider the following factors in determining whether to issue a conditional use permit for new towers. The board of supervisors may waive or reduce the burden on the applicant of one (1) or more of these criteria if the board of supervisors concludes that the goals of this section are better served thereby:

a.

Height of the proposed tower;

b.

Proximity of the tower to residential structures and residential district boundaries;

c.

Nature of the uses of adjacent and nearby properties;

d.

Surrounding topography;

e.

Surrounding tree coverage and foliage;

f.

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

g.

Proposed ingress and egress;

h.

Co-location policy;

i.

Language of the lease agreement dealing with co-location;

j.

Consistency with the comprehensive plan and the purposes to be served by zoning;

k.

Availability of suitable existing towers and other structures as discussed below;

l.

Proximity to commercial or private airports; and

m.

Level of emergency preparedness for the individual site and contribution to the county-wide emergency response plan.

11.

Availability of suitable existing towers or other structures. .....No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the board of supervisors of Isle of Wight County that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted should consist of the following:

a.

No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements;

b.

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements;

c.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment, and cannot be retrofitted to accommodate additional users;

d.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna;

e.

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure or sharing are unreasonable. Costs exceeding tower or structure for sharing are unreasonable; and

f.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

12.

Setbacks. .....The following setback requirements shall apply to all towers and antennas for which a conditional use permit is required; provided, however, that the board of supervisors of Isle of Wight County may reduce the standard setback requirements if the goals of this section would be better served thereby.

a.

The tower must be set back from any off-site residential structure no less than four hundred (400) feet.

b.

A setback of one (1) foot horizontally for each foot in height shall be provided from the base of the tower structure to any adjoining property line (other than the property of the lessor).

c.

Towers, guys and accessory facilities must satisfy the minimum zoning district setback requirements for primary structures.

13.

Security fencing. .....Towers shall be enclosed by security fencing not less than six (6) feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the board of supervisors of Isle of Wight County may waive such requirements, as it deems appropriate.

14.

Landscaping. .....The following requirements shall govern the landscaping surrounding towers for which a conditional use permit is required; provided, however, that the board of supervisors of Isle of Wight County may waive such requirements if the goals of this section would be better served thereby:

a.

Tower facilities shall be landscaped with a buffer of plant materials that effectively screen the view of the support buildings from adjacent property. The standard buffer shall consist of a landscaped strip at least four (4) feet wide outside the perimeter of the facilities.

b.

In locations in which the board of supervisors of Isle of Wight County finds that the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived altogether.

c.

Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, the board of supervisors of Isle of Wight County may determine the natural growth around the property perimeter may be sufficient buffer.

d.

Existing trees within the lesser of two hundred (200) feet or the area controlled by the applicant/owner shall not be removed except as may be authorized to permit construction of the tower and installation of access for vehicle utilities.

15.

Local government access. .....Owners of towers shall provide the county a right of first refusal for co-location opportunities as a community benefit to improve radio communication for county departments and emergency services, provided it does not conflict with the co-location requirement of subsection 9.a., of this section.

16.

Removal of abandoned antennas and towers. .....Any antenna or tower that is not operated for a continuous period of twenty-four (24) months shall be considered abandoned, and the owner of each such antenna or tower shall remove same within ninety (90) days of receipt of notice from the county notifying the owner of such removal equipment requirement. Removal includes the removal of the tower, all tower and fence footers, underground cables and support buildings to a minimum depth of three (3) feet. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower. At the discretion of the county, a surety bond in a form acceptable to the county attorney may be required to insure that the funds necessary for removal are available to the county in the event the structure is abandoned.

17.

Required yearly report. .....The owner of each such antenna or tower shall submit a report to the board of supervisors of Isle of Wight County once a year, no later than July 1. The report shall state the current user status of the tower.

18.

Review fees. .....Any out-of-pocket costs incurred for review by a licensed engineer of any of the above-required information shall be paid by the applicant.

E.

Composting system, confined vegetative waste or yard.

1.

All composting operations shall submit the following in order to make application for a conditional use permit:

a.

A written plan operation demonstrating the composting facility owner and operators understand and will apply the principles and proper methods of composting. The plan also must demonstrate that the composting facility will be operated in a manner that will not pose a threat to human health and the environment, and the intended use of the compost.

b.

The plan shall include standards for siting, design, construction, operation, closure, and permitting procedures for vegetative waste management facilities, including yard waste composting facilities.

c.

The plan shall also specifically address odor minimization, including seasonal variations that effect wind velocity and direction shall be described.

2.

All state, federal and local permits shall be obtained and submitted to the department of planning and zoning prior to operation.

3.

A composting system shall not include the land application of compostable organic material to forestall or agricultural lands.

F.

Reconstructed wetland.

1.

Intent. .....The purpose of requiring a conditional use permit is to ensure consistency with the comprehensive plan and appropriate land use. Reconstructed wetlands, once permitted by state and federal agencies, become a permanent long-term land use that is expensive and difficult to re-permit if it is poorly placed on the landscape. Such facilities should therefore be evaluated in relationship to the long range plans of the county. Issues related to the technical design, feasibility, etc., shall remain the jurisdiction of the Army Corps of Engineers and the Department of Environmental Quality and shall not be a consideration m evaluating the conditional use permit request.

G.

Shooting range, outdoor.

1.

General standards:

a.

The site or area used as a shooting range or match shall be fenced, posted every fifty (50) feet or otherwise restricted so that access to the site is controlled to insure the safety of patrons, spectators and the public at large.

b.

The county sheriff shall review and make recommendations for the design and layout of any shooting range or match as to its safety to patrons of the range as well as surrounding property owners. As a general guideline, the following distances shall be maintained unless modified in writing by the county sheriff:

i.

The minimum distance from any firing point measured in the direction of fire to the nearest property line shall not be less than three hundred (300) feet;

ii.

Where a backstop is utilized to absorb the discharged load, the minimum distance may be two hundred (200) feet; and

iii.

No firing point shall be located within one hundred (100) feet of an adjoining property line.

2.

The distance for the written notice to adjoining property owners as set forth in section 1-1021 of this ordinance shall be extended to one thousand feet (1,000) for the purposes of this use.

H.

Turkey shoot.

1.

General standards:

a.

A turkey shoot shall be on a site of not less than three (3) acres.

b.

The firing line or points shall be located at least one hundred (100) feet from any public road.

c.

The site shall be so designed that the distance to any adjacent property measured from the firing point or points in the direction of fire shall be not less than six hundred (600) feet, or an earthen backstop of twenty (20) feet or greater shall be provided a minimum of two hundred (200) feet from the firing line.

d.

Shotguns only shall be used in a turkey shoot.

e.

The use or discharge of firearms shall be prohibited between the hours of 9:30 p.m. and 7:00 a.m.

f.

A zoning permit shall be valid for a period not to exceed sixty (60) consecutive days.

g.

A turkey shoot shall not be conducted on the same property for more than ninety (90) days in any twelve-month period. (7-7-05; Ord. No. 2011-11-C, 7-7-11; Ord. No. 2013-1-C, 4-18-13; 7-17-14; 7-21-16; 7-19-18; 11-15-18.)

For state law as to authority of the county to regulate boating within its territorial waterways, see Code of Va., § 29.1-700 et seq.