Communication Towers
Localities in the Hampton Roads region regulate towers through their zoning ordinances. Usually, the regulations require that wireless providers install antennas on existing structures, such as, buildings, water towers, and other communications towers before building another tower. Locating more than one antenna on a communication tower is called co-location. The FCC encourages co-location of antennas on towers when technologically and structurally feasible.
The 1996 Telecommunications Act, Section 704, "establishes a comprehensive framework for the exercise of jurisdiction by state and local zoning authorities over the construction, modification, and placement of facilities such as towers for cellular, personal communications service (PCS) and specialized mobile radio (SMR) transmitters. The … law preserves local zoning authority, but clarifies when the exercise of local zoning authority may be preempted by the FCC. (43)
The City's zoning ordinance for communication towers requires co-location of antennas to the maximum extent possible and encourages the use of existing public buildings and structures. Towers are permitted with a conditional use permit in commercial, industrial, and park zones. Communication towers are not permitted in residential zoning districts and require City Council approval of a conditional use permit in commercial and industrial zoning districts. If communication towers are allowed in residential areas, stealth antennas and towers are encouraged. Stealth antennas can be located on rooftops, flagpoles, bell towers, church steeples, crosses, clock towers, road signs, water towers, etc. However, not many tall structures are located in the residential areas of the City and stealth towers usually serve a single provider.
In Newport News' residential areas cell towers are placed in parks and high school sites. An issue that requires careful study and evaluation is whether cell towers should be allowed on elementary school sites, which tend to be smaller and provide recreation space for adjoining neighborhoods.