At the time of application submittal, the applicant shall provide information demonstrating compliance with the following requirements. Where the Planning Commission finds that circumstances or conditions relating to the particular application are not necessary or desirable for the protection of surrounding property or the public health, safety, and general welfare, and that such special conditions or circumstances make one or more requirements unreasonable, the Planning Commission may modify or waive such requirement, either permanently or on a temporary basis. Any modification or waiver, along with justification for each, shall be requested in writing by the applicant.
(A) All cellular antenna towers shall be constructed as a monopole structure, unless stealth technology is used, or unless a waiver is granted.
(B) All cables and wires shall be installed inside the monopole structure.
(C) Unless required by state and/or federal regulations, all cellular antenna towers shall be uniform grey or black in color.
(D) All structures, except fences, shall be located a minimum distance from the property line or lease line of any adjoining property that is equal to one-half the height of the tower, but not less than 50 feet.
(E) A cellular antenna tower, or alternative antenna tower structure, shall not exceed the maximum height requirements listed in the specific zoning district. This also applies to any tower taller than ten feet constructed on the top of another building or structure, with the height being the overall height of building/structure and tower together, measured from the grade to the highest point. Antennas proposed above the maximum height requirements listed in the specific zoning district may request a dimensional variance issued by the Board of Zoning Adjustment.
(F) Cellular antenna towers shall not be illuminated, except in accordance with state or federal regulations.
(G) The site shall be unstaffed. Personnel may periodically visit the site for maintenance, equipment modification, or repairs. To accommodate such visits, ingress/egress shall only be from approved access points.
(H) Woven wire or chain link (80% open) or solid fences made from wood or other materials (less than 50% open), shall be used to enclose the site. Such fences shall be eight feet in height. Fencing enclosure shall be set back no less than 40 feet from the public right-of-way.
(I) Screening shall be provided by evergreen trees, with a minimum height of six feet, planted in a staggered pattern at a maximum distance of 15 feet on center. The screening shall be placed in a ten-foot perimeter area surrounding the compound.
(J) Any site to be purchased or leased for the installation of a cellular antenna tower, or alternative antenna tower, and ancillary facilities, shall be at least 2,500 square feet in area, unless located on a preexisting structure such as a building, water tank, etc.
(K) Surfacing of all driveways and off-street parking areas shall comply with the requirements of this Code of Ordinances.
(L) There shall be no signs permitted, except those displaying emergency information, owner contact information, warning or safety instructions, or signs which are required by a federal, state, or local agency. Such signs shall not exceed five total square feet in area.
(M) All new cellular antenna towers shall be designed and constructed to accommodate a minimum of three additional service providers.
(N) All option and site lease agreements shall not prohibit the possibility of co-location.
(O) Cell towers locating in a residential zone shall be located on a lot in a location that would have the least impact on the natural setting and adjacent properties and in a location most compatible with surrounding properties. The Planning Commission shall have the authority to approve a proposed cell tower only at a different location on the same property if it determines an alternative location is more appropriate.
(P) A cell tower in a residential district must employ the use of stealth technology in the form of an alternative tower structure such as a flagpole, light pole, or steeple so that it is compatible with the natural setting and surrounding structures as determined by the Planning Commission.
(Q) This division sets forth a procedure by which the Planning Commission may allow for non-dimensional waivers in this section. The purpose is to allow some flexibility in dealing with unique issues that are outlined in division (Q)(4) below.
(1) An application requesting a waiver, and any additional documentation necessary to meet the requirements of this section shall be submitted for review.
(2) The Planning Commission shall hold at least one public hearing after giving notice as according to KRS Chapter 424 for the purposes of reviewing the requested waiver.
(3) After the public hearing, the Planning Commission may approve, approve with conditions, or disapprove the requested waiver.
(4) The Planning Commission may grant a waiver to these regulations balanced against the public interest, providing the Planning Commission finds that the waiver will not be detrimental to the public interest and that the jurisdiction where the proposed small cell tower is to be located approves the waiver, and at least one of the following criteria apply:
(a) That strict compliance with these regulations will create a hardship or unsafe situation in the face of unusual conditions;
(b) That granting the waiver creates a situation more in keeping with unique character within the general vicinity;
(c) That the requested waiver better meets the objectives of these regulations;
(d) That granting the waiver creates a safer situation than strict compliance with these regulations.
(Ord. 10-2020, passed 5-19-2020)