As used in this article, unless the context requires a different meaning:
"Administrative review-eligible project" means a project that provides for:
1. The installation or construction of a new structure that is not more than 50 feet above ground level, provided that the structure with attached wireless facilities is (i) not more than 10 feet above the tallest existing utility pole located within 500 feet of the new structure within the same public right-of-way or within the existing line of utility poles; (ii) not located within the boundaries of a local, state, or federal historic district; (iii) not located inside the jurisdictional boundaries of a locality having expended a total amount equal to or greater than 35 percent of its general fund operating revenue, as shown in the most recent comprehensive annual financial report, on undergrounding projects since 1980; and (iv) designed to support small cell facilities; or
2. The co-location on any existing structure of a wireless facility that is not a small cell facility.
"Antenna" means communications equipment that transmits or receives electromagnetic radio signals used in the provision of any type of wireless communications services.
"Base station" means a station that includes a structure that currently supports or houses an antenna, transceiver, coaxial cables, power cables, or other associated equipment at a specific site that is authorized to communicate with mobile stations, generally consisting of radio transceivers, antennas, coaxial cables, power supplies, and other associated electronics.
"Co-locate" means to install, mount, maintain, modify, operate, or replace a wireless facility on, under, within, or adjacent to a base station, building, existing structure, utility pole, or wireless support structure. "Co-location" has a corresponding meaning.
"Department" means the Department of Transportation.
"Existing structure" means any structure that is installed or approved for installation at the time a wireless services provider or wireless infrastructure provider provides notice to a locality or the Department of an agreement with the owner of the structure to co-locate equipment on that structure. "Existing structure" includes any structure that is currently supporting, designed to support, or capable of supporting the attachment of wireless facilities, including towers, buildings, utility poles, light poles, flag poles, signs, and water towers.
"Micro-wireless facility" means a small cell facility that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height and that has an exterior antenna, if any, not longer than 11 inches.
"New structure" means a wireless support structure that has not been installed or constructed, or approved for installation or construction, at the time a wireless services provider or wireless infrastructure provider applies to a locality for any required zoning approval.
"Project" means (i) the installation or construction by a wireless services provider or wireless infrastructure provider of a new structure or (ii) the co-location on any existing structure of a wireless facility that is not a small cell facility. "Project" does not include the installation of a small cell facility by a wireless services provider or wireless infrastructure provider on an existing structure to which the provisions of § 15.2-2316.4 apply.
"Small cell facility" means a wireless facility that meets both of the following qualifications: (i) each antenna is located inside an enclosure of no more than six cubic feet in volume, or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six cubic feet and (ii) all other wireless equipment associated with the facility has a cumulative volume of no more than 28 cubic feet, or such higher limit as is established by the Federal Communications Commission. The following types of associated equipment are not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation boxes, back-up power systems, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.
"Standard process project" means any project other than an administrative review-eligible project.
"Utility pole" means a structure owned, operated, or owned and operated by a public utility, local government, or the Commonwealth that is designed specifically for and used to carry lines, cables, or wires for communications, cable television, or electricity.
"Water tower" means a water storage tank, or a standpipe or an elevated tank situated on a support structure, originally constructed for use as a reservoir or facility to store or deliver water.
"Wireless facility" means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including (i) equipment associated with wireless services, such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services, such as microwave backhaul, and (ii) radio transceivers, antennas, coaxial, or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.
"Wireless infrastructure provider" means any person that builds or installs transmission equipment, wireless facilities, or wireless support structures, but that is not a wireless services provider.
"Wireless services" means (i) "personal wireless services" as defined in 47 U.S.C. § 332(c)(7)(C)(i); (ii) "personal wireless service facilities" as defined in 47 U.S.C. § 332(c)(7)(C)(ii), including commercial mobile services as defined in 47 U.S.C. § 332(d), provided to personal mobile communication devices through wireless facilities; and (iii) any other fixed or mobile wireless service, using licensed or unlicensed spectrum, provided using wireless facilities.
"Wireless services provider" means a provider of wireless services.
"Wireless support structure" means a freestanding structure, such as a monopole, tower, either guyed or self-supporting, or suitable existing structure or alternative structure designed to support or capable of supporting wireless facilities. "Wireless support structure" does not include any telephone or electrical utility pole or any tower used for the distribution or transmission of electrical service.
2017, c. 835; 2018, cc. 835, 844.
Structure Code of Virginia
Title 15.2 - Counties, Cities and Towns
Chapter 22 - Planning, Subdivision of Land and Zoning
§ 15.2-2200. Declaration of legislative intent
§ 15.2-2202. Duties of state agencies; electric utilities
§ 15.2-2205. Additional notice of planning or zoning matters
§ 15.2-2206. When locality may require applicant to give notice; how given
§ 15.2-2207. Public notice of juvenile residential care facilities in certain localities
§ 15.2-2208. Restraining violations of chapter
§ 15.2-2209. Civil penalties for violations of zoning ordinance
§ 15.2-2209.1. Extension of approvals to address housing crisis
§ 15.2-2209.1:1. Extension of approvals to address the COVID-19 pandemic
§ 15.2-2209.2. Public infrastructure maintenance bonds
§ 15.2-2211. Cooperation of local planning commissions and other agencies
§ 15.2-2215. Quorum majority vote
§ 15.2-2217. Officers, employees and consultants; expenditures; rules and records; special surveys
§ 15.2-2218. County planning commission serving as commission of town
§ 15.2-2219. Joint local planning commissions
§ 15.2-2220. Duplicate planning commission authorized for certain local governments
§ 15.2-2221. Duties of commissions
§ 15.2-2222. Expenditures; gifts and donations
§ 15.2-2222.1. Coordination of state and local transportation planning
§ 15.2-2223. Comprehensive plan to be prepared and adopted; scope and purpose
§ 15.2-2223.1. Comprehensive plan to include urban development areas
§ 15.2-2223.2. Comprehensive plan to include coastal resource management guidance
§ 15.2-2223.4. Comprehensive plan shall provide for transit-oriented development
§ 15.2-2223.5. Comprehensive plan shall address manufactured housing
§ 15.2-2224. Surveys and studies to be made in preparation of plan; implementation of plan
§ 15.2-2226. Adoption or disapproval of plan by governing body
§ 15.2-2227. Return of plan to local planning commission; resubmission
§ 15.2-2228. Adoption of parts of plan
§ 15.2-2230. Plan to be reviewed at least once every five years
§ 15.2-2230.1. Public facilities study
§ 15.2-2232. Legal status of plan
§ 15.2-2233. Maps to be prepared in localities; what map shall show
§ 15.2-2234. Adoption; filing in office of clerk of court
§ 15.2-2235. Additions and modifications
§ 15.2-2236. Periodic review and readoption
§ 15.2-2238. Authority of counties under Article 2 (§ 33.2-705 et seq.) of Chapter 7 not affected
§ 15.2-2240. Localities to adopt ordinances regulating subdivision and development of land
§ 15.2-2241. Mandatory provisions of a subdivision ordinance
§ 15.2-2242. Optional provisions of a subdivision ordinance
§ 15.2-2243. Payment by subdivider of the pro rata share of the cost of certain facilities
§ 15.2-2243.1. Payment by developer or subdivider
§ 15.2-2244. Provisions for subdivision of a lot for conveyance to a family member
§ 15.2-2244.1. Additional method for subdivision of a lot for conveyance to a family member
§ 15.2-2244.2. Subdivision of a lot of property held in trust for a family member
§ 15.2-2245. Provisions for periodic partial and final release of certain performance guarantees
§ 15.2-2245.1. Stormwater management ponds; removal of trees
§ 15.2-2246. Site plans submitted in accordance with zoning ordinance
§ 15.2-2247. Applicability of subdivision ordinance to manufactured homes
§ 15.2-2249. Application of county subdivision regulations in area subject to municipal jurisdiction
§ 15.2-2250. Disagreement between county and municipality as to regulations
§ 15.2-2252. Filing and recording of ordinance and amendments thereto
§ 15.2-2253. Preparation and adoption of amendments to ordinance
§ 15.2-2254. Statutory provisions effective after ordinance adopted
§ 15.2-2255. Administration and enforcement of regulations
§ 15.2-2256. Procedure to account for fees for common improvements
§ 15.2-2257. Procedure to modify certain covenants in Shenandoah County
§ 15.2-2258. Plat of proposed subdivision and site plans to be submitted for approval
§ 15.2-2259. Local planning commission to act on proposed plat
§ 15.2-2260. Localities may provide for submission of preliminary subdivision plats; how long valid
§ 15.2-2261. Recorded plats or final site plans to be valid for not less than five years
§ 15.2-2261.1. Recorded plat or final site plans; conflicting zoning conditions
§ 15.2-2262. Requisites of plat
§ 15.2-2263. Expedited land development review procedure
§ 15.2-2266. Validation of certain plats recorded before January 1, 1975
§ 15.2-2267. Petition to restrict access to certain public streets
§ 15.2-2268. Localities not obligated to pay for grading, paving, etc.
§ 15.2-2269. Plans and specifications for utility fixtures and systems to be submitted for approval
§ 15.2-2270. Vacation of interests granted to a locality as a condition of site plan approval
§ 15.2-2271. Vacation of plat before sale of lot therein; ordinance of vacation
§ 15.2-2272. Vacation of plat after sale of lot
§ 15.2-2273. Fee for processing application under § 15.2-2271 or § 15.2-2272
§ 15.2-2274. Effect of vacation under § 15.2-2272
§ 15.2-2275. Relocation or vacation of boundary lines
§ 15.2-2276. Duty of clerk when plat vacated
§ 15.2-2278. Vacating plat of subdivision
§ 15.2-2279. Ordinances regulating the building of houses and establishing setback lines
§ 15.2-2280. Zoning ordinances generally
§ 15.2-2281. Jurisdiction of localities
§ 15.2-2282. Regulations to be uniform
§ 15.2-2283. Purpose of zoning ordinances
§ 15.2-2283.1. Prohibition of sexual offender treatment office in residentially zoned subdivision
§ 15.2-2284. Matters to be considered in drawing and applying zoning ordinances and districts
§ 15.2-2285. Preparation and adoption of zoning ordinance and map and amendments thereto; appeal
§ 15.2-2286.1. Provisions for clustering of single-family dwellings so as to preserve open space
§ 15.2-2287. Localities may require oath regarding property interest of local officials
§ 15.2-2287.1. Disclosures in land use proceedings
§ 15.2-2288. Localities may not require a special use permit for certain agricultural activities
§ 15.2-2288.1. Localities may not require a special use permit for certain residential uses
§ 15.2-2288.2. Localities may not require special use permit for certain temporary structures
§ 15.2-2288.3. Licensed farm wineries; local regulation of certain activities
§ 15.2-2288.3:1. Limited brewery license; local regulation of certain activities
§ 15.2-2288.3:2. Limited distiller's license; local regulation of certain activities
§ 15.2-2288.4. Extension of expiration dates for special use permits
§ 15.2-2288.5. Meaning of "cemetery" for purposes of zoning
§ 15.2-2288.6. Agricultural operations; local regulation of certain activities
§ 15.2-2288.7. Local regulation of solar facilities
§ 15.2-2288.8. Special exceptions for solar photovoltaic projects
§ 15.2-2289. Localities may provide by ordinance for disclosure of real parties in interest
§ 15.2-2290. Uniform regulations for manufactured housing
§ 15.2-2291. Assisted living facilities and group homes of eight or fewer; single-family residence
§ 15.2-2292. Zoning provisions for family day homes
§ 15.2-2292.1. Zoning provisions for temporary family health care structures
§ 15.2-2293. Airspace subject to zoning ordinances
§ 15.2-2293.1. Placement of amateur radio antennas
§ 15.2-2293.2. Regulation of helicopter use
§ 15.2-2294. Airport safety zoning
§ 15.2-2295.1. Regulation of mountain ridge construction
§ 15.2-2295.2. Dam break inundation zones
§ 15.2-2296. Conditional zoning; declaration of legislative policy and findings; purpose
§ 15.2-2297. Same; conditions as part of a rezoning or amendment to zoning map
§ 15.2-2299. Same; enforcement and guarantees
§ 15.2-2301. Same; petition for review of decision
§ 15.2-2302. Same; amendments and variations of conditions
§ 15.2-2303. Conditional zoning in certain localities
§ 15.2-2303.1. Development agreements in certain counties
§ 15.2-2303.1:1. When certain cash proffers collected or accepted
§ 15.2-2303.2. Proffered cash payments and expenditures
§ 15.2-2303.3. Cash proffers requested or accepted by a locality
§ 15.2-2303.4. Provisions applicable to certain conditional rezoning proffers
§ 15.2-2304. Affordable dwelling unit ordinances in certain localities
§ 15.2-2305. Affordable dwelling unit ordinances
§ 15.2-2305.1. Affordable housing dwelling unit ordinances
§ 15.2-2306. Preservation of historical sites and architectural areas
§ 15.2-2306.1. Creation of working waterfront development areas
§ 15.2-2307. Vested rights not impaired; nonconforming uses
§ 15.2-2307.1. Protection of established commercial fishing operations
§ 15.2-2308. Boards of zoning appeals to be created; membership, organization, etc.
§ 15.2-2308.1. Boards of zoning appeals, ex parte communications, proceedings
§ 15.2-2309. Powers and duties of boards of zoning appeals
§ 15.2-2310. Applications for special exceptions and variances
§ 15.2-2312. Procedure on appeal
§ 15.2-2313. Proceedings to prevent construction of building in violation of zoning ordinance
§ 15.2-2314. Certiorari to review decision of board
§ 15.2-2315. Conflict with statutes, local ordinances or regulations
§ 15.2-2316. Validation of zoning ordinances prior to 1971
§ 15.2-2316.2. Localities may provide for transfer of development rights
§ 15.2-2316.4. Zoning; small cell facilities
§ 15.2-2316.4:1. Zoning; other wireless facilities and wireless support structures
§ 15.2-2316.4:2. Application reviews
§ 15.2-2316.4:3. Additional provisions
§ 15.2-2316.5. Moratorium prohibited
§ 15.2-2316.7. Negotiations; siting agreement
§ 15.2-2316.8. Powers of host localities
§ 15.2-2316.9. Effect of executed siting agreement; land use approval
§ 15.2-2317. Applicability of article
§ 15.2-2319. Authority to assess and impose impact fees
§ 15.2-2320. Impact fee service areas to be established
§ 15.2-2321. Adoption of road improvements program
§ 15.2-2322. Adoption of impact fee and schedule
§ 15.2-2323. When impact fees assessed and imposed
§ 15.2-2324. Credits against impact fee
§ 15.2-2325. Updating plan and amending impact fee
§ 15.2-2327. Refund of impact fees