Application for the construction of cellular antenna towers or co-location of cellular antennas for cellular telecommunications services or personal communications services shall be processed as follows.
(A) Applicability.
(1) Every utility, or a company that is engaged in the business of providing the required infrastructure to a utility, that proposes to construct an antenna tower or co-locate an antenna for cellular telecommunications services or personal communications services, and has officially registered with the Public Service Commission, shall submit a copy of the utility’s completed uniform application to the Frankfort/Franklin County Joint Planning Commission within five consecutive days of applying to the Public Service Commission for a certificate of necessity and convenience, as required by KRS 278.020(1).
(2) For applicants who are requesting co-location, all requirements in these regulations apply.
(B) Co-location.
(1) A utility planning to co-locate its antennas on an existing tower or to augment an existing structure to enable it to place its antennas on that structure shall file with the Planning Office its intent to do so, including the name and address of the utility, name of the owner of the structure, the latitude and longitude of the structure and a description of the plan to augment or co-locate, if:
(a) The proposed augmentation, if any, of the existing structure shall not increase the height of the structure; and
(b) The proposed augmentation, if any, of the existing structure will not result in altering lighting requirements for a structure on which lighting is not currently required.
(2) For facilities located on previously approved sites, a representative of the Frankfort/ Franklin County Planning Commission shall review the application for its conformity with these regulations and the regulations contained within this chapter. If the Planning Director determines that the application is in conformity with these regulations and the regulations contained within this chapter, an administrative approval may be granted. This administrative approval shall not be considered final until it is ratified by a vote of the full commission.
(3) If the Director determines that the application is not in conformity with these regulations and the regulations contained within this chapter, a public hearing, pursuant to division (C)(3) below, shall be scheduled.
(C) Evaluation.
(1) The Frankfort/Franklin County Planning Commission, shall, within 60 days commencing from the date that the application is received by the Frankfort/Franklin County Planning Commission, or within a date specified in a written agreement between the Frankfort/Franklin County Planning Commission and the applicant, make its final decision to approve or disapprove the uniform application. The Frankfort/Franklin County Planning Commission shall submit to the Public Service Commission, along with its action, the basis for its decision, along with suggestions which, in its opinion, better accomplishes the objectives of the Comprehensive Plan and this chapter. If the Frankfort/Franklin County Planning Commission fails to issue a final decision within 60 days, and if there is no written agreement between the Frankfort/Franklin County Planning Commission and the utility to a specific date for the Frankfort/Franklin County Planning Commission to issue a decision, it is presumed that the Frankfort/Franklin County Planning Commission has approved the utility’s uniform application. In the case that the Commission should deny an application, the applicant would have 30 days to appeal from the time of the Planning Commission’s “final action”.
(2) Whenever the Planning Commission may deny an application, it must do so in writing. According to 47 U.S.C. § 332(c)(7)(B)(iii), the Commission’s written denial must be separate from the written record (i.e., separate from the Planning Commission minutes), must describe the reasons for denial and must contain a “sufficient explanation of the reasons for the denial to allow a reviewing court to evaluate the evidence in the record that supports those reasons”.
(3) The evaluation of the application shall include, but not be limited to, the following criteria:
(a) The Frankfort/Franklin County Planning Commission will deny a uniform application to construct a cellular antenna tower based on an applicants’ unwillingness to attempt to co-locate additional transmitting or related equipment on any new or existing towers;
(b) Agreement with the various elements of the Frankfort/Franklin County Comprehensive Plan and, where applicable, any other adopted plans;
(c) Extent to which the proposal is consistent with the purposes of these regulations;
(e) Extent to which the proposal responds to the impact of the proposed development on adjacent land uses, especially in terms of visual impact. The Commission shall have substantial evidence, presented at a public hearing in order to deny an application based upon visual impact; and
(f) Extent to which the proposed facility is integrated with existing structures or the extent to which the proposed cellular antenna tower uses stealth technology.
(D) Amendments. Any amendments to the site development plans, except for minor adjustments as determined by the Frankfort/Franklin County Planning Commission, or its duly authorized representative, shall be made in accordance with the procedure required by division (C) above, subject to the same limitations and requirements as those under which such plans were originally approved.
(Ord. 8, passed 10-23-1987, § 6.308)