(A) Intent and purpose. The purpose of these regulations are to provide for safe and efficient integration of cellular antenna towers for cellular telecommunications services or personal communications services within the city; to provide for such facilities in conformance with the goals and guidelines and recommendations of the comprehensive plan; and to allow such facilities with the intention of protecting the public health, safety and general welfare.
(B) Pre-application conference. Applicants are encouraged to meet with the Department to discuss their proposal, to allow for early coordination and to identify those items that are in conformance/non-conformance with the comprehensive plan, specific standards of this chapter, other provisions of the zoning ordinance, and other city regulations or standards prior to filing a uniform application with the Commission.
(C) Definitions. For the purpose of this section and chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALTERNATE CELLULAR ANTENNA TOWER. Human-made trees, clock towers, bell towers, steeples, light poles and similar alternative-design mounting structures that accommodate, camouflage, minimize or conceal the presence of cellular antennas or cellular antenna towers or are reconstructed for the purpose of accommodating cellular antennas or cellular antenna towers. This term does not include existing structures erected for another primary purpose, but which subsequently have cellular antennas attached to or located within them, without any reconstruction of the original structure. For the provision of these regulations an ALTERNATIVE CELLULAR ANTENNA TOWER is considered a cellular antenna tower.
ANTENNAS OR RELATED EQUIPMENT. Transmitting, receiving or other equipment used to support cellular telecommunications service or personal communications service. This definition does not include towers.
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 communications services.
CELLULAR TELECOMMUNICATIONS SERVICE. A retail telecommunications service that uses radio signals transmitted through cell sites and mobile switching stations.
CO-LOCATION. Locating two or more transmission antennas or related equipment on the same cellular antenna tower.
GUYED CELLULAR ANTENNA TOWER. A type of wireless transmission tower that is supported by guy wires.
LATTICE CELLULAR ANTENNA TOWER. A self-supporting tower with multiple legs and cross bracing of structural steel.
MONOPOLE CELLULAR ANTENNA TOWER. A single self-supporting tower on which wireless antenna can be placed.
PERSONAL COMMUNICATION SERVICE. Has the meaning as defined in 47 U.S.C. § 332(c).
UNIFORM APPLICATION. An application to construct a cellular antenna tower submitted to the Planning Commission in conformity with KRS 100.985 through 100.987.
UTILITY. Has the meaning as defined in KRS 278.010(3).
(D) General. Cellular antenna towers may be allowed in any residential zoning district if the property is owned by a public agency or utility or within any C-3, C-4, C-5, C-6 Zoning District or within any I-1 or I-2 Zoning District after a review in accordance with the procedures in this chapter to determine agreement with the comprehensive plan and the regulations contained within city ordinances and regulations.
(1) Applicability. Every utility, or a company that is engaged in the business of providing the required infrastructure to a utility, that proposes to construct a cellular antenna tower shall submit a completed uniform application to the Commission. Where the Commission finds that circumstances or conditions relating to the application of an alternative cellular antenna tower are such that one or more of the requirements of the uniform application listed in KRS Chapter 100 are not necessary or desirable for the protection of the surrounding property or the public health, safety and general welfare, and that such special conditions or circumstances make one or more of said requirements unreasonable, the Commission may modify or waive such requirements of the uniform application, either permanently or on a temporary basis. Any such modification or waiver shall be requested by the applicant, and the applicant shall submit a written justification for each requested modification or waiver. The Commission shall not regulate the placement of antennas or related equipment on an existing structure.
(2) Application requirements. Applications for the construction of cellular antenna towers for cellular telecommunications services or personal communications services shall include all information for the uniform application as noted in KRS 100.9865 and 100.987. Notice to local officials as outlined in KRS Chapter 100 shall be to the Mayor of the city, the City Administrator and the City Council members. Additionally, the applicant shall notify the Elizabethtown-Hardin County Airport Board.
(3) Application fee. Applicants shall pay the applicable fee as established by city ordinances to the Department upon the filing of a uniform application.
(E) Review process. Applications for the construction of a cellular antenna tower for cellular telecommunications services or personal communications services shall be processed as follows.
(1) Hearing. At least one public hearing on the application shall be held by the Commission at which interested parties and citizens shall have the opportunity to be heard. Notice of the date, time and place of the hearing shall be published in the local newspaper not less than seven days and not more than 21 days before the hearing. Notice of the hearing shall also be posted on the site at least 14 days prior to the hearing as required by KRS Chapter 100. Written notice shall be given to all property owners within 500 feet of the site as required by KRS Chapter 100. The applicant shall certify that proper notice was given as part of their uniform application.
(2) Hearing action. Upon holding a hearing the Commission shall, within 60 days commencing from the date the application is received by the Commission, or within a date specified in a written agreement between the applicant and the Commission, make its final decision to approve or disapprove the uniform application. If the Commission fails to issue a final decision within 60 days and if there is no written agreement between the Commission and the applicant for a specific date for the Commission to issue a final decision it shall be presumed that the Commission has approved the applicant’s uniform application.
(F) Design standards. The applicant shall provide information demonstrating compliance with the requirements contained within this section and any other applicable laws or statute. Potential sites that should be considered (in order of most preferred to least preferred) include existing utility towers, existing water towers, industrial zones, commercial zones and government owned property. Co-location of service facilities (towers and equipment) is preferred. All new cellular antenna towers or alternate cellular antenna towers shall be designed to accommodate a minimum of three service providers.
(1) Pole. Monopole cellular antenna towers shall be permitted in any zone specified in division (E) above. Lattice or guyed cellular antenna towers shall be permitted only in industrial zones.
(2) Setbacks. All cellular antenna towers or alternate cellular antenna towers shall be setback at least the height of the tower, but not less than 50 feet. The Commission may require a greater setback when the proposed cellular antenna tower or alternate cellular antenna tower adjoins residential properties. This setback requirement does not include fencing and guy wires.
(3) Height. All cellular antenna towers or alternate cellular antenna towers shall not exceed a maximum height of 200 feet. This also applies to any antenna tower taller than 15 feet in height constructed on the top of another building or structure, with the height being the overall height of the building/structure and tower together, measured at its highest point. The Commission may allow an antenna tower greater than 200 feet in height based upon review of the applicant’s justification pursuant to information provided in the uniform application.
(4) Construction. All cellular antenna towers or alternate cellular antenna towers shall be constructed in compliance with the current ANSI/EIA/TIA 222-F standards and other applicable state standards.
(5) Illumination. All cellular antenna towers or alternate cellular antenna towers shall not be illuminated, except as required by other state or federal regulations.
(6) Site staffing. All cellular antenna towers or alternate cellular antenna towers shall be unstaffed. Personnel may periodically visit the site for maintenance, equipment modification, or repairs.
(7) Fencing. All cellular antenna towers or alternate cellular antenna towers shall be enclosed by fencing or fencing materials to provide for a minimum opacity of 50%. Such fences shall not be more than eight feet in height and may be located in the front, side or rear yard. Barbed wire may only be used at sites within industrial zones.
(8) Screening. All cellular antenna towers or alternate cellular antenna towers shall be screened by evergreen trees with a minimum height of six feet upon planting; planted on a staggered pattern a maximum distance of 15 feet on center. The screening shall be located within a landscape buffer area that is located within a minimum of ten feet and a maximum of 20 feet of the fenced area and shall be placed to provide a screen to adjoining structures. Additional screening may be required by the Commission when the site is adjacent to a residential use regardless of the zoning district classification.
(9) Driveways. All cellular antenna towers or alternate cellular antenna towers shall be provided with a hard bound surface driveway and off-street parking area. The area inside the fenced equipment compound area may be gravel. Ingress/egress shall be provided from an access point approved by the applicable agency and any required encroachment permit shall be obtained prior to construction of the driveway.
(10) Signs. No signs shall be permitted, except those displaying emergency information, owner contact information, warning or safety instructions or signs require by a federal, state or local agency. Such signs shall not exceed five square feet in area.
(11) Number of service providers. All new cellular antenna towers or alternate cellular antenna towers shall be designed to accommodate a minimum of three service providers.
(12) Lease agreements. All option and site lease agreements shall not prohibit the possibility of co-location, and in the case of abandonment, shall include a method that the applicant or utility will follow in dismantling and removing the proposed cellular tower including a time schedule for the removal.
(13) Other agency approvals. Federal Aviation Administration (FAA) and the Kentucky Airport Zoning Commission (KAZC) approvals or documentation that approval is not required shall be submitted prior to the issuance of a construction permit for the construction of a cellular antenna tower.
(G) Criteria. Approval or disapproval of the proposal shall be based upon an evaluation of the proposal’s agreement with the comprehensive plan and the standards established within this chapter and other applicable city standards and ordinances.
(1) Co-location. The Commission may require the applicant to make a reasonable attempt to co-locate additional transmitting or related equipment. The Commission may provide the location of existing cellular antenna towers on which the Commission deems the applicant can successfully co-locate its transmitting or related equipment. If the Commission requires the applicant to attempt co-location, the applicant shall provide the Commission with a statement indicating that the applicant has:
(a) Successfully attempted to co-locate on towers designed to host multiple wireless service providers facilities or existing structures such as a telecommunications tower or another suitable structure capable of supporting the applicant’s facilities, and that identifies the location of the tower or suitable structure on which the applicant will co-locate its transmission and related facilities; or
(b) Unsuccessfully attempted to co-locate on towers designed to host multiple wireless services providers’ facilities or existing structures such as a telecommunications tower or another suitable structure capable of supporting the applicant’s facilities and that:
1. Identifies the location of the towers or other structures on which the applicant attempted to co-locate; and
2. Lists the reasons why the co-location was unsuccessful in each instance.
(2) Denial. The Commission may deny a uniform application to construct a cellular antenna tower based on an applicant’s unwillingness to attempt to co-locate additional transmitting or related equipment on a new or existing towers or other structures.
(3) Limits of approval. The Commission shall not regulate the placement of cellular antenna towers on the basis of the environmental effects of radio frequency emissions to the extent that the proposed facility complies with the regulations of the Federal Communication Commission concerning radio frequency emissions.
(H) Amendments. Any amendments to plans, except for minor amendments as determined by the Commission, or its duly authorized representative, shall be made in accordance with the procedures required in division (B) above, subject to the same limitations and requirements as those under which such plans were originally approved.
(Ord. 06-2008, passed 6-16-2008, § 2.9.7)