A. Purpose:
1. The purpose of these regulations is to facilitate the planning and placement of Cellular Antenna Towers and Small Cell System Towers and facilities within the community in accordance with the requirements of the most recent and applicable Kentucky Revised Statutes (KRS), Kentucky Administrative Regulations (KAR), and Federal Communications Commission (FCC). These regulations are intended to:
a. Accommodate the need for cellular antenna towers and small cell system towers and facilities, while regulating their location;
b. Balance the visual effects of cellular antenna towers and small cell system towers and facilities through proper siting, design, and screening;
c. Encourage the joint use of any new and existing towers and/or support structures to reduce the number of sites.
2. These regulations apply to every Utility or company that is engaged in the business of providing the required infrastructure to construct or maintain an antenna tower for Cellular Telecommunications Services or Personal Communications Services.
3. Except as hereinafter specified, no Cellular Antenna Tower or Small Cell System Tower shall hereafter be modified, placed or constructed except in conformity with these regulations.
B. Definitions: the following words and phrases are used to supplement the definitions include in the Zoning Ordinance.
“ANTENNAS OR RELATED EQUIPMENT.” Any transmitting, receiving or other equipment used in conjunction with a Wireless Communications Facility. The term includes utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters, or similar equipment. This definition does not include cellular antenna towers.
“APPLICANT.” A person or entity who is authorized by the provisions of these regulations to file for approval under these regulations.
“APPLICATION.” The completed form or forms and all accompanying documents, exhibits, and fees required of an applicant by these regulations.
“CELLULAR ANTENNA TOWER.” A tower constructed for, or an existing facility that has been adapted for, the location of transmission or related equipment to be used in the provision of cellular telecommunications services or personal communication services not considered a small cell tower.
“CELLULAR TELECOMMUNICATIONS SERVICES.” A retail telecommunications service that uses radio signals transmitted through cell sites and mobile switching stations.
“CO-LOCATION.” Locating two (2) or more transmission antennas or related equipment on the same cellular antenna tower or small cell system tower.
“COMMUNICATION BASE STATION.” A structure or equipment at a fixed location that enables Federal Communications Commission-licensed or authorized wireless communication between user equipment and a communication network.
“MONOPOLE.” A tower that consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications antennas and connected appurtenances.
“NON-TOWER WIRELESS COMMUNICATION FACILITIES.” Wireless
communications facilities other than tower-based wireless communications that are located on buildings, utility poles, and other existing structures.
“PERSONAL COMMUNICATION SERVICES.” Commercial mobile services unlicensed wireless services, and common carrier wireless exchange access services as defined in 47 U.S.C. § 332(c).
“RIGHT-OF-WAY.” The surface of and space above and below any real property in the municipality in which the federal government, Commonwealth, municipality, or municipal authority has a regulatory interest, or interest as a trustee for the public, as such interests now or hereafter exist, including, but not limited to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels, bridges, or any other public place, area, or property under the control of the federal government, Commonwealth, municipality, or municipal authority.
“SMALL CELL SYSTEM.” A network of remote antenna nodes that distributes radio frequency signals from a central hub through a high capacity signal transport medium to a specific area. The term includes mini commercial towers, small cells, distributed antenna systems, mini cell, or similar systems.
“SMALL CELL TOWER.” Any structure under fifty (50) feet in height with an antenna or transmitter that is constructed for the sole or primary purpose of supporting any Federal Communications Commission-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. A pole originally installed for the primary purpose of supporting wireless telecommunications equipment, regardless of the timeframe between pole installation and connection/ implementation of transmission equipment, is considered a small cell tower, and is not a utility pole. The term “SMALL CELL TOWER” includes mini cell towers, distributed antenna system towers, micro cell towers, mini cell, or similar systems.
“TRANSMISSION EQUIPMENT.” Equipment that facilitates transmission for any Federal Communications Commission-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wirelesses services such as microwave backhaul.
“UTILITY.” Has the meaning as defined in KRS 278.010(3) as amended or supplemented from time to time.
“UTILITY, OVERHEAD.” Utility infrastructure that is located primarily above ground. Overhead Utilities include but are not limited to power lines and communications lines.
“UTILITY POLE.” A structure originally constructed for the support of electrical, telephone, cable television or other video services, street lighting, or other similar cables and located within the public right-of-way or Utility easements. A pole originally installed for the primary purpose of supporting wireless telecommunications equipment, regardless of the timeframe between pole installation and connection/implementation of transmission equipment, is considered a small cell tower, and is not a utility pole.
“UTILITY, UNDERGROUND.” Utility infrastructure that is located primarily underground. For purposes of these regulations, utilities include but are not limited to water lines, sanitary sewer lines, storm sewer lines, culverts, natural gas lines, power lines, and communications lines. This definition does not include electric transformers, switch boxes, telephone pedestals and telephone boxes, traffic boxes, and similar devices which are ground mounted.
“WIRELESS COMMUNICATIONS FACILITY.” The set of equipment and network components including antennas, transmitters, receivers, communication base stations, cabling, and antenna or related equipment, used to provide wireless data and telecommunication services.
C. Public notification.
1. At least one public hearing on the proposal shall be held by the Planning Commission for the construction of a new or modified cellular antenna tower. As part of this hearing, the Planning Commission shall review the proposal for consistency with the Comprehensive Plan, Zoning Ordinance and other relevant regulations.
2. Upon holding such hearing, the Planning Commission shall review and take final action on applications for new cellular antenna towers within sixty (60) days of a completed application, or within a date otherwise specified in a written agreement between the Planning Commission and the applicant. This time period will not begin until the filing fee is submitted and the application is deemed complete. The Planning Commission shall notify the applicant once the application is deemed complete and provide the deadline for the review period. The Planning Commission shall either approve, approve with conditions, or deny the application. If the Planning Commission does not make a final decision within the required sixty (60) days, or the date specified in the written agreement, the application shall be deemed to be approved as submitted. The Planning Commission shall submit to the applicant and the local zoning administrator, along with its action, the bases for the decision.
D. Application process and design standards: this article defines the application process and basic design standards required by the Planning Commission for:
1. Cellular antenna towers; and
2. Small cell system towers.
D1. Cellular antenna towers.
D1A. Application requirement.
1. application for a cellular antenna tower shall conform to the requirements as set forth in KRS 100.9865 and KRS 100.987 on a form prescribed by the Planning Commission.
2. All information contained in the application and any updates, except for any map or other information that specifically identifies the proposed location of the cellular antenna tower being reviewed, shall be deemed confidential and proprietary within the meaning of KRS 61.878. The Planning Commission 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 Applicants shall be required to make a reasonable attempt to co-locate and shall provide the Planning Commission with supporting documentation of its efforts to co-locate.
D1B. Permitted locations: Cellular antenna towers and support facilities are permitted in all zoning districts. Whenever possible, cellular antenna towers, whether temporary or permanent, shall be sited at locations that minimize their adverse effect on adjoining properties and residential uses in the immediate area. Non-preferred locations - the following locations shall be avoided unless no other reasonable site is available:
1. No cellular antenna tower shall be located in a residential zoning district unless the Planning Commission determines that no other reasonable site is available that meets the applicant’s or wireless provider’s coverage objectives.
2. No cellular antenna tower 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 Planning Commission determines that no other reasonable site is available that meets the applicant’s or wireless provider’s coverage objectives.
3. No cellular antenna tower 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 Planning Commission determines that no other reasonable site is available that meets the applicant’s or wireless provider’s coverage objectives.
D1C. Design guidelines:
1. Tower Design:
a. Stealth towers (such as clock towers, church steeples, flagpole towers, and the like with concealed antennas) shall be permitted in all zoning districts.
b. Monopole towers shall be permitted in all zoning districts and shall have a grey, or galvanized steel finish. The monopole and foundation shall be designed to accommodate as many co-locators as possible. An alternate color may be approved by the Planning Commission based upon site conditions.
c. Lattice towers shall be permitted in non-residential zoning districts 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.
d. Guyed towers shall be permitted in agricultural zones 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.
2. Tower heights:
a. The overall height of a cellular antenna tower in a residential zone shall be limited so it does not have to be lit or marked per FAA standards.
b. The overall height of a cellular antenna tower in a non-residential zone (except agricultural zones) shall be limited to 199 feet.
c. The overall height of a cellular antenna tower in an agricultural zone shall be limited to 315 feet.
3. Setback requirements:
a. Cellular antenna towers shall be setback a minimum of one (1) times the tower height (tower, antennas and lightning rod) from any public or private street.
b. Cellular antenna towers shall be setback a minimum of two (2) times the tower height (tower, antennas, and lightning rod) from any residence or residentially zoned property.
c. Cellular antenna towers shall be setback a minimum of one (1) times the tower height (tower, antennas, lightning rod) from agriculturally zoned property.
d. Cellular antenna towers shall be setback a minimum of one-fourth (1/4) the tower height (tower, antennas, lightning rod) from any non-residentially zoned properties (does not apply to agriculturally zoned properties).
e. All accessory structures associated with the cellular antenna tower shall be located as close to the tower base or tower legs as possible. All accessory structures and fences shall be located a minimum of fifty (50) feet from adjoining property lines.
4. Lighting: cellular antenna towers shall not be lit, except as required by the Federal Aviation Administration (FAA).
5. Access and parking:
a. If applicable, a proposed access point on a public street shall meet the applicable zoning ordinance and regulations regarding the number of curb cuts permitted on a property, spacing of driveways, and required sight distance.
b. The first twenty (20) feet of a proposed driveway (measured from the right-of-way line) that is used exclusively to access a cell tower site shall be paved.
c. One (1) parking space and/or turnaround area shall be provided immediately to the side of the cell tower compound.
6. Fencing and landscaping: a privacy fence, not less than eight (8) feet, shall enclose the base of the Cellular Antenna Tower and associated ground equipment. In addition, the outside perimeter of the fence compound (except the access gate) shall be bound on all sides by a ten (10) foot wide landscaping buffer.
7. Signage: no signs and/or commercial advertising shall be located on the cellular antenna tower, on the fence surrounding the tower and equipment, or on any buildings accessory to the cellular antenna tower, with the exception of signs providing ownership, safety, and emergency information.
8. Mitigating design standards: The Planning Commission shall consider the following mitigating design standards for cellular antenna towers proposed in residential zoning districts and other non-preferred locations.
a. The Planning Commission shall have the power to require a stealth tower in a residential zone or other non-preferred locations.
Example Considerations:
1) Is the cellular antenna tower proposed at a location that minimizes adverse impacts on adjoining properties, residential uses, historic properties, or scenic byways?
2) 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?
3) How many wireless providers will be able to locate on the stealth tower? The applicant shall document the co-location opportunities on alternative stealth tower designs and a similarly sized monopole, lattice, or guyed tower.
b. The Planning Commission 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.
c. Design and building materials standards may be imposed on accessory buildings.
d. Asphalt or other hard surface parking may be required to complement the character of the surrounding area.
D1D. 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. The following activities shall be considered minor adjustments from the original approval of an application for towers not located in public rights-of-way. Changes are measured cumulatively from the original approval of the tower or communication base station.
1. Tower height increases of less than ten (10) percent or twenty (20) feet, whichever is less.
2. Support structure height increases of less than ten (10) percent or ten (10) feet, whichever is less.
3. New equipment extensions from a tower horizontally of less than twenty (20) feet or width of tower at elevation of change.
4. Structure or new item extensions on a non-tower wireless communication facility horizontally less than six (6) feet from existing structure.
5. The addition of four (4) or fewer new equipment cabinets within the boundaries of the leased/owned site.
6. Any excavation or deployment within the current boundaries of the leased/owned site and any access/utility easements.
7. Concealment elements of the tower are not defeated.
8. Activities that comply with all other conditions in any prior approval not related to the limits set forth above.
D2. Small cell system towers.
D2A. Application submittal: all proposed small cell systems, 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 application to the Planning Commission for action. One (1) application for multiple proposed towers within the same small cell system is encouraged whenever possible. Applications are limited to ten (10) towers per application. Multiple towers may only be included on a single application if they are located within the same city or unincorporated area of the county. All information contained in the application and any updates except for any map or other information that specifically identifies the proposed location of the cellular antenna tower then being reviewed shall be deemed confidential and proprietary within the meaning of KRS 61.878. The Planning Commission 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. Applicants for the construction of small cell systems for cellular telecommunications services or personal communications services may choose to provide either the uniform application per KRS 100.9865 or in lieu of the uniform application, 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 application.
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 applicant 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 applicant 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 applicant to construct the proposed facility.
4. A statement by an authorized representative that the applicant 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 small cell towers 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 structures within five hundred (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 antennas and equipment enclosures. Written approval from the property owner stating the applicant or provider has permission to construct a facility on their property. In the case of public Right-of-Way 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 overhead utilities exist within five hundred (500) feet of the proposed antenna location.
10. All Applicants shall be required to make a reasonable attempt to co-locate and shall provide the Planning Commission with supporting documentation of its efforts to co-locate.
D2B. Permitted location and design: the design criteria required for the new small cell systems is determined by the type of location or zoning district in which the facility is to be located.
1. Non-tower small cell system location: no administrative review is required for antennas locating on existing telecommunications structures, water towers, buildings, or other existing structures. These non-tower locations must adhere to all other applicable federal, state, and local zoning codes, building codes or permits.
2. New small cell system tower location and design in all zones:
a. Temporary, mobile or wheeled small cell towers shall not be permitted.
b. New small cell towers shall not exceed the maximum building height for the zoning district within which they are located.
c. New small cell towers shall be designed and constructed to accommodate a minimum of two (2) service providers.
d. New small cell towers may be located on public or private non-residential land or within a public right-of-way provided it does not interfere with other utilities, functionality of sidewalks, visibility, or other matters of public safety.
e. New small cell towers 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 small cell towers shall not include advertisements and may only display information required by a federal, state, or local agency. Such display shall not exceed one (1) 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 sign is integral to the stealth technology such as a design which integrates a decorative banner.
g. If a new small cell tower is located in an area with primarily underground utilities, or where no adjacent overhead utility lines exist, it shall not utilize overhead utility lines.
3. New small cell system tower location and design in residential zones:
a. Facilities located within, or immediately adjacent to, residential zoning residential areas are strongly encouraged to be non-tower wireless communication facilities.
b. New small cell towers and antenna 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, transmission equipment, electric meters, power equipment, etc. installed inside the small cell tower. Other types of stealth technology may be approved by the Planning Commission or its duly authorized representative.
c. All poles and antennas shall be uniform grey or black in color, unless another color is integral to the stealth technology as approved by the Planning Commission 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 small cell towers should avoid areas without overhead utilities. If a small cell tower is located in an area with primarily underground utilities 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 overhead utilities, cylindrical antennas are required.
f. In residential areas, a small cell tower shall not be located closer than the height of the proposed tower to an existing or proposed residential structure, or no closer than thirty (30) feet, whichever is greater.
g. Efforts should be made to locate new small cell towers in the yard location where other overhead utilities are located.
h. New small cell towers within residential areas should be located to avoid obstructing the view of building facades by placing the tower at a corner, intersection or along a lot line.
i. New small cell tower shall not be located within five hundred (500) feet of an existing small cell system tower. Multiple carriers are permitted and encouraged to locate on one tower, where possible.
j. Reasonable efforts shall be made to locate new Small Cell Towers in the order of hierarchy below, based on the following functional roadway classification:
1) Interstate.
2) Arterial.
3) Collector.
4) Local.
4. New small cell system tower location and design in non-residential zones:
a. In instances where a facility is proposed to be constructed in the right of way within one hundred (100) feet of a residential zone or use, even if the antenna’s physical location is within a non-residential zone, regulations for a residential zone shall be followed.
b. In instances where an antenna is proposed to be constructed within a historic or commercial district with established public or private design control measures, regulations for a residential zone shall be followed. Efforts shall be made to adhere to any established design control measures or existing furnishing or fixture styles within the district.
c. Antennas in commercial, institutional, or park areas are encouraged to be installed as non-tower wireless communication facilities.
d. Reasonable effort shall be given to locate new equipment based upon the following hierarchy of zones and land uses:
1) Co-locate on an existing structure whenever possible.
2) Institutional.
3) Industrial.
4) Commercial.
5) Public parks.
6) 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 Planning Commission or its duly authorized representative.
f. Shrouds, risers, and conduits shall be used to reduce the appearance of external cabling.
g. All poles, antennas, brackets, cabling, risers, shrouds, and conduits shall be uniform grey or black in color, or other color as approved by the Planning Commission or its duly authorized representative.
h. Cylindrical antennas shall be required, unless another antenna style is integral to the stealth technology as approved by the Planning Commission or its duly authorized representative.
i. There shall be no more than a four (4) inch offset between the pole and pole mounted equipment enclosures.
D2C. 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. The following activities shall be considered minor adjustments from the original approval of an Application for towers located in public rights of way. Changes are measured cumulatively from the original approval of the tower or communication base station.
1. Tower height increases by less than ten (10) percent or ten (10) feet, whichever is greater.
2. Change in the tower width of less than ten (10) percent or six (6) feet, whichever is greater.
E. Waiver of requirements: the Planning Commission can modify or waive the design guidelines if there are special circumstances or conditions as determined by the Planning Commission.
(Ord. 2017-6, passed 4-4-17)