Telecommunications towers shall be permitted in all zoning districts subject to the following standards.
(A) Any legally permitted and constructed telecommunications towers, as of the effective date of this section, shall be exempt from these regulations; except when discontinued for a period of 12 months in accordance with § 155.051. In such cases, the applicant or utility shall be required to follow the procedures listed herein.
(B) All applications for telecommunications towers and related equipment shall be in accordance with KRS Chapter 100, KRS Chapter 278, and KAR 807.
(C) All applicants for telecommunications tower approval shall file a development plan in accordance with § 155.130 for public hearing before the Planning Commission, except where co-location is proposed as hereinafter provided.
(D) In residential districts, the following setbacks shall apply to telecommunications towers and related structures:
(1) The minimum front, side, and rear yards in the applicable district, or 25 feet, whichever is greater;
(2) For each two feet of height the tower exceeds the maximum allowable building height within the district, one foot shall be added to the minimum setback;
(3) The total height shall not exceed 150 feet; and
(4) The tower shall be a monopole structure.
(E) In Agricultural Districts, the minimum front, side, and rear yard requirements shall be increased by one foot for each two feet in height the tower exceeds the maximum allowable building height.
(F) In all residential and agricultural districts, and wherever possible, all telecommunications towers shall be designed and constructed so as to minimize any potential negative aesthetic, environmental, or visual impacts. This may include the use of camouflage and/or additional screening techniques.
(G) In commercial, industrial, and professional office districts, the following requirements shall apply.
(1) The minimum front, side, and rear yard requirements shall be increased by one foot for each two feet in height the tower exceeds 50 feet.
(2) Where adjacent to residential or agricultural districts, the setback requirements for the adjacent district shall apply with respect to the property line adjacent to the residential or agricultural district.
(3) In those districts where no setbacks are required, the minimum front, side, and rear yards shall be 25 feet plus one foot for each two feet of height the tower exceeds 50 feet.
(H) The following method shall be used to measure the height of the telecommunications towers; beginning at the base of the tower, at ground level and including any support structures, to the top of the main tower structure, excluding the antennas assembly.
(I) Co-location of antennas on existing structures (i.e., telecommunications towers, buildings, and water towers) is encouraged. Where co-location is proposed, the applicant must file with the application a written consent executed by the owner of the existing structure, and in such case, no development plan shall be required.
(J) The Planning Commission shall review and approve or deny an application in accordance with KRS Chapter 100. Such review and approval or denial shall be made, in writing, within 60 days of the date the application is submitted for Planning Commission review, unless the applicant or utility requests, in writing, an extension of time.
(K) The following landscaping requirements shall apply.
(1) All telecommunications towers shall have one or more rows of evergreen trees or shrubs capable of forming a continuous hedge six feet in height. The hedge shall screen the base of the tower and related structures from public view. A break in the hedge, not to exceed 15 feet in width, shall be allowed for access of maintenance personnel and vehicles.
(2) New or existing vegetation, earth berms, existing topographic features, wall opaque fences, and features other than those listed may be used to meet these requirements upon finding by the Planning Commission that the same degree of screening required above is achieved by the proposed alternative.
(3) No screening shall be required where explicitly prohibited by the Federal Communications Commission regulations. In such cases, the applicant or utility shall provide the Planning Commission with a written statement of the facts explaining the prohibition of locally required screening.
(Prior Code, § 9.10) (Ord. 2000-2, passed 2-9-2000)