(A) This section defines the
process and basic design standards required by the
for:
(1)
; and
(2)
towers.
(B)
.
(1) (a)
requirement.
for a
shall conform to the requirements as set forth in KRS 100.9865 and KRS 100.987 on a form prescribed by the
.
(b) All information contained in the
and any updates, except for any map or other information that specifically identifies the proposed location of the
being reviewed, shall be deemed confidential and proprietary within the meaning of KRS 61.878. The
shall deny any public request for the inspection of this information, whether submitted under Kentucky's Open Records Act or otherwise, except when ordered to release the information by a court of competent jurisdiction. All
shall be required to make a reasonable attempt to co-locate and shall provide the
with supporting documentation of its efforts to co-locate.
(2) Permitted locations.
and support facilities are permitted in all zoning
. Whenever possible,
, whether temporary or permanent, shall be sited at locations that minimize their adverse effect on adjoining properties and residential uses in the immediate area.
(3) Non-preferred locations. The following locations shall be avoided unless no other reasonable site is available:
(a) No
shall be located in a residential zoning
unless the
determines that no other reasonable site is available that meets the applicant's or wireless provider's coverage objectives.
(b) No
shall be located in or within a quarter mile (1,320 feet) of a Historic Landmark/Historic District Overlay District (H) or within a quarter mile of a National Register District or Property unless the
determines that no other reasonable site is available that meets the applicant's or wireless provider's coverage objectives.
(c) No
shall be located within a Kentucky Scenic Byway as designated by the State of Kentucky or its view shed, so as to have a negative impact on the scenic qualities of the roadway and the views from the roadway unless the
determines that no other reasonable site is available that meets the applicant's or wireless provider's coverage objectives.
(4) Design guidelines.
(a) Tower design.
1. Stealth towers (such as clock towers, church steeples, flagpole towers, etc. with concealed
) shall be permitted in all zoning
.
2.
towers shall be permitted in all zoning
and shall have a grey, or galvanized steel finish. The
and foundation shall be designed to accommodate as many co-locators as possible. An alternate color may be approved by the
based upon site conditions.
3. Lattice towers shall be permitted in non-residential zoning
and shall have a grey or galvanized steel finish. The lattice tower and foundation shall be designed to accommodate as many co-locators as possible. Lattice towers shall only be permitted when the tower height is greater than 199 feet.
4. Guyed towers shall be permitted in agricultural
only and shall have a grey or galvanized steel finish. The guyed tower and foundations must be designed to accommodate as many co-locators as possible. Guyed towers shall only be permitted when the tower height is greater than 199 feet.
(b) Tower heights.
1. The overall height of a
in a residential
shall be limited so it does not have to be lit or marked per FAA standards.
2. The overall height of a
in a non-residential
(except agricultural
) shall be limited to 199 feet.
3. The overall height of a
in an agricultural
shall be limited to 315 feet.
(c) Setback requirements.
1.
shall be setback a minimum of one times the tower height (tower,
and lightning rod) from any
or
.
2.
shall be setback a minimum of two times the tower height (tower,
, and lightning rod) from any residence or residentially zoned property.
3.
shall be setback a minimum of one times the tower height (tower,
, lightning rod) from agriculturally zoned property.
4.
shall be setback a minimum of one-fourth the tower height (tower,
, lightning rod) from any non-residentially zoned properties (does not apply to agriculturally zoned properties).
5. All accessory
associated with the
shall be located as close to the tower base or tower legs as possible. All accessory
and
shall be located a minimum of 50 feet from adjoining property lines.
(d) Lighting.
shall not be lit, except as required by the Federal Aviation Administration (FAA).
(e) Access and parking.
1. If applicable, a proposed access point on a
shall meet the applicable zoning ordinance and regulations regarding the number of
permitted on a property, spacing of driveways, and required sight distance.
2. The first 20 feet of a proposed driveway (measured from the
line) that is used exclusively to access a cell tower site shall be paved.
3. One parking space and/or turnaround area shall be provided immediately to the side of the cell tower compound.
(f) Fencing and landscaping. A privacy
, not less than eight feet, shall enclose the base of the
and associated ground equipment. In addition, the outside perimeter of the
compound (except the access gate) shall be bound on all sides by a ten foot wide landscaping buffer.
(g) Signage. No
and/or commercial advertising shall be located on the
, on the
surrounding the tower and equipment, or on any buildings accessory to the
, with the exception of
providing ownership, safety, and emergency information.
(h) Mitigating design standards. The
shall consider the following mitigating design standards for
proposed in residential zoning
and other non-preferred locations.
1. The
shall have the power to require a stealth tower in a residential
or other non-preferred locations.
2. Example considerations:
a. Is the
proposed at a location that minimizes adverse impacts on adjoining properties, residential uses, historic properties, or scenic byways?
b. Would a stealth tower design help mitigate these impacts and still allow the wireless provider(s) to fulfill their coverage objectives? If so, what type of stealth tower should be used?
c. How many wireless providers will be able to locate on the stealth tower? The
shall document the
opportunities on alternative stealth tower designs and a similarly sized monopoie, lattice, or guyed tower.
3. The
shall have the power to impose additional landscaping requirements, which may include trees, shrubs, and fencing designed to complement the character of the surrounding area.
4. Design and
materials standards may be imposed on accessory buildings.
5. Asphalt or other hard surface parking may be required to complement the character of the surrounding area.
(5) Amendments to approved plans. Any amendments to approved plans, except for the minor adjustments as outlined below, shall be made in accordance with the above procedures.
(6) The following activities shall be considered minor adjustments from the original approval of an
for towers not located in public
. Changes are measured cumulatively from the original approval of the tower or
.
(a) Tower height increases of less than ten percent or 20 feet, whichever is less.
(b) Support
height increases of less than ten percent or ten feet, whichever is less.
(c) New equipment extensions from a tower horizontally of less than 20 feet or width of tower at elevation of change.
(d)
or new item extensions on a non-tower wireless communication facility horizontally less than six feet from existing
.
(e) The addition of four or fewer new equipment cabinets within the boundaries of the leased/owned site.
(f) Any excavation or deployment within the current boundaries of the leased/owned site and any access/
easements.
(g) Concealment elements of the tower are not defeated.
(h) Activities that comply with all other conditions in any prior approval not related to the limits set forth above.
(7)
towers.
(a)
submittal. All proposed
, shall be subject to the review and approval of the Planning Commission's duly authorized representative. The Planning Commission's duly authorized representative may refer the
to the
for action. One
for multiple proposed towers within the same
is encouraged whenever possible. Applications are limited to ten towers per
. Multiple towers may only be included on a single
if they are located within the same city or unincorporated area of the County.
(b) All information contained in the
and any updates except for any map or other information that specifically identifies the proposed location of the
then being reviewed shafi be deemed confidential and proprietary within the meaning of KRS 61.878. The
shall deny any public request for the inspection of this information, whether submitted under Kentucky's Open Records Act or otherwise, except when ordered to release the information by a court of competent jurisdiction.
(c)
for the construction of
for
or personal communications services may choose to provide either the uniform
per KRS 100.9865 or in lieu of the uniform
, the following information should be submitted:
1. A written description and map showing the coverage area of the provider's existing facilities in the general and site-specific areas that are the subject of the
.
2. A statement of the telecommunications objectives for the proposed location, whether the proposed facility is necessary to prevent or fill a gap or capacity shortfall in the
or provider's service area, whether it is the least obtrusive means of doing so, and whether there are any alternative sites that would have fewer aesthetic impacts while providing comparable service.
3. A statement by an authorized representative that the
or provider holds all applicable licenses or other approvals required by the Federal Communications Commission, the Kentucky Public Service Commission, and any other agency of state or federal government with authority to regulate telecommunications facilities that are required in order for the
to construct the proposed facility.
4. A statement by an authorized representative that the
or provider is in compliance with all conditions required for such license and approvals.
5. A full description of the number and dimensions of all
proposed to be installed.
6. A site development plan, signed and sealed by a professional engineer registered in Kentucky, showing the proposed location of the tower and existing
within 500 feet of the proposed site. For applications in which multiple towers are proposed, an overall site development plan showing all proposed locations within a single city or unincorporated area must be provided.
7. A vertical profile sketch or drawing of the towers, signed and sealed by a professional engineer registered in Kentucky, indicating the height of the tower and the placement of all
and equipment enclosures. Written approval from the property owner stating the
or provider has permission to construct a facility on their property. In the case of public
or public property, written approval must be submitted from the duly authorized representative of the governing body holding ownership.
8. Photographs of view shed from each proposed tower location, taken in at least four directions.
9. Description of whether other
exist within 500 feet of the proposed
location.
10. All
shall be required to make a reasonable attempt to co-locate and shall provide the
with supporting documentation of its efforts to co-locate.
(d) Permitted location and design. The design criteria required for the new
is determined by the type of location or zoning
in which the facility is to be located.
1. Non-tower
location: No administrative review is required for
locating on existing telecommunications
, water towers, buildings, or other existing
. These non-tower locations must adhere to all other applicable federal, state, and local zoning codes,
codes or permits.
2. New
tower location and design in all
.
a. Temporary, mobile or wheeled
shall not be permitted.
b. New
shall not exceed the maximum
for the zoning
within which they are located.
c. New
shall be designed and constructed to accommodate a minimum of two service providers.
d. New
may be located on public or private non-residential land or within a public
provided it does not interfere with other
, functionality of sidewalks, visibility, or other matters of public safety.
e. New
shall not be illuminated, except in accord with state or federal regulations, or unless illumination is integral to the Stealth Technology, such as a design intended to look like a street light pole.
f. New
shall not include advertisements and may only display information required by a federal, state, or local agency; Such display shall not exceed one square foot in area, unless required by state or federal regulations, or unless a larger display is integral to the stealth technology. Such display shall not exceed the width of the pole, unless a wider
is integral to the stealth technology such as a design which integrates a decorative banner.
g. If a new
is located in an area with primarily
, or where no adjacent
lines exist, it shall not utilize
lines.
3. New
tower location and design in residential
.
a. Facilities located within, or immediately adjacent to, residential zoning residential areas are strongly encouraged to be
.
b. New
and
or related equipment shall be camouflaged by stealth technology. Examples of appropriate stealth technology for residential areas includes, at a minimum, towers with all cables, wires,
, electric meters, power equipment, etc. installed inside the
. Other types of stealth technology may be approved by the
or its duly authorized representative.
c. All poles and
shall be uniform grey or black in color, unless another color is integral to the stealth technology as approved by the
or its duly authorized representative.
d. The use of cooling fans is discouraged. When needed, fans with lower noise profiles must be used.
e. New
should avoid areas without
. If a
is located in an area with primarily
it must adhere to stealth technology that incorporates the telecommunications equipment into a streetscape amenity such as a decorative lamp post, street light or other approved design, in areas with
, cylindrical
are required.
f. In residential areas, a
shall not be located closer than the height of the proposed tower to an existing or proposed residential
, or no closer than 30 feet, whichever is greater.
g. Efforts should be made to iocate new
in the
location where other
are located.
h. New
within residential areas should be located to avoid obstructing the view of
facades by placing the tower at a corner, intersection or along a
line.
i. New
shall not be located within 500 feet of an existing
tower. Multiple carriers are permitted and encouraged to locate on one tower, where possible.
j. Reasonable efforts shall be made to locate new
in the order of hierarchy below, based on the following functional roadway classification:
i. Interstate;
ii. Arterial;
iii. Collector; and
iv. Local.
4. New
tower location and design in non-residential
.
a. In instances where a facility is proposed to be constructed in the
within 100 feet of a residential
or use, even if the antenna's physical location is within a non-residential
, regulations for a residential
shall be followed.
b. In instances where an
is proposed to be constructed within a historic or commercial
with established public or private design control measures, regulations for a residential
shall be followed. Efforts shall be made to adhere to any established design control measures or existing furnishing or fixture styles within the
.
c.
in commercial, institutional, or park areas are encouraged to be installed as
.
d. Reasonable effort shall be given to locate new equipment based upon the following hierarchy of
and land uses:
i. Co-locate on an existing
whenever possible;
ii. Institutional;
iii. Industrial;
iv. Commercial;
v. Public parks; and
vi. Agricultural.
e. Equipment enclosures, including electric meters, should be nearly the same width as the pole or as small as possible. Ground mounted equipment boxes should be screened from view with shrubs or other appropriate screening as approved by the
or its duly authorized representative.
f. Shrouds, risers, and conduits shall be used to reduce the appearance of external cabling.
g. All poles,
, brackets, cabling, risers, shrouds, and conduits shall be uniform grey or black in color, or other color as approved by the
or its duly authorized representative.
h. Cylindrical
shall be required, unless another
style is integral to the stealth technology as approved by the
or its duly authorized representative.
i. There shall be no more than a four-inch offset between the pole and pole mounted equipment enclosures.
(e) Amendments to approved plans. Any amendments to approved plans, except for the minor adjustments as outlined below, shall be made in accordance with the above procedures subject to the same limitations and requirements as those under which such plans were originally approved.
(f) The following activities shall be considered minor adjustments from the original approval of an
for towers located in public
. Changes are measured cumulatively from the original approval of the tower or
.
1. Tower height increases by less than ten percent or ten feet, whichever is greater.
2. Change in the tower width of less than ten percent or six feet, whichever is greater.
(Ord. O-07-16, passed 6-15-16)