For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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, antennas, radios, 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 staff or the Planning Commission part of a submission for review.
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. The term does not include a cellular antenna tower as defined in this section or any equipment associated with a tower. The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
(1) The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber- optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including small cell systems).
(2) The term includes any structure, other than a cellular antenna tower, that, at the time the required application is filed with the Planning Commission under this subchapter, supports or houses equipment described in division (1) of this definition that has been reviewed and approved under the applicable zoning or siting process even if the structure was not built for the sole or primary purpose of providing such support.
(3) The term does not include any structure that, at the time the required application is filed with the Planning Commission under this definition, does not support or house equipment described in this definition.
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.
CELLULAR TELECOMMUNICATIONS SERVICES. 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.
NON-TOWER WIRELESS COMMUNICATION FACILITIES. Wireless communications facilities other than tower-based wireless communications that are located on buildings, utility poles as defined by this section, 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. Sec. 332(c).
PLANNING COMMISSION. The Frankfort/Franklin County Planning Commission.
RIGHT-OF-WAY. The surface of and space above and below any real property in the municipality in which the federal government, commonwealth, county government, 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, county government, municipality, or municipal authority. Private rights-of-way, access-easements and other government-owned lands not listed above shall not be considered a RIGHT-OF-WAY. The phrase IN THE RIGHT(S)-OF-WAY means in, on, over, along, above and/or under the rights-of-way.
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, micro cell, or similar systems.
SMALL CELL TOWER. Any structure under 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 distributed antenna system towers, micro cell towers, mini cell, Wi-Fi antennas, or similar systems.
STAFF. Those employees of the City of Frankfort or Franklin County assigned to administer these regulations.
STEALTH TECHNOLOGY. Design techniques used to blend objects into the surrounding environment and to minimize visual impact. These design techniques may be applied to wireless communications towers, antennas, and other facilities, which blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it less visible to the casual observer. Such methods include, but are not limited to, facilities constructed to resemble light poles, flag poles or other streetscape amenities. The use of additional features such as flags, decorative streetlamps and banners or signs may be utilized to blend the proposed facility into the visual backdrop.
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 wireless services such as microwave backhaul.
UNIFORM APPLICATION. An application to construct a cellular antenna tower submitted to a planning commission in accordance with KRS Ch. 100 and these regulations.
UTILITY. Has the meaning as defined in KRS 278.010(3).
UTILITY, OVERHEAD. Utility infrastructure that is located primarily above ground as determined by staff. For purposes of these regulations, 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 time frame between pole installation and connection/implementation of transmission equipment, is considered a small cell tower, and is not a utility pole. Note: this definition is not meant to prohibit the use of a small cell tower as a utility pole if appropriate.
UTILITY, UNDERGROUND. Utility infrastructure that is located primarily underground as determined by staff. 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, base stations, cabling, and antenna or related equipment used to provide wireless data and telecommunication services.
(Ord. 10-2021, passed 8-12-2021)