(A) "CELLULAR TELECOMMUNICATIONS SERVICE." 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.
A cellular antenna tower is permitted in the A-1 (Agricultural) District or in any (B) Business or (I) Industrial District, except within districts containing the Central Business District, Historic Districts or Scenic Highways. Location of cellular antenna towers in (R) Residential Districts, (A-2) Small Community Districts, Historic Districts and Scenic Highway Viewsheds is prohibited.
(B) Any request for review of a proposal to construct a cellular antenna tower or to reconfigure, enlarge or reconstruct an existing cellular antenna tower shall be made only in accordance with these regulations and shall comply with any local ordinances concerning land use, subject to the limitations imposed by 47 U S.C. sec. 332 (c) and KRS 278.030, 278.040 and 278.280.
(C) Co-location of cellular service facilities is preferred. Co-location objectives may be satisfied by configuration of new facilities for future use by multiple carriers or by co-location on existing facilities. The Planning 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 any new or existing towers or other structures.
(D) In the event of co-location, a utility shall be considered the primary user of the cellular antenna tower if the utility is the owner of the tower and if no other agreement exists that prescribes an alternate arrangement between the parties for use of the tower. Any other entity that co-locates transmission or related facilities on a cellular antenna tower shall do so in a manner that does not impose additional costs or operating restrictions on the primary user.
(E) If the proposed site of a cellular antenna tower is on property subject to an existing Conditional Use Permit, the property owner shall obtain approval of a modification request from the Board of Adjustment (BOA) Review of the Conditional Use Permit plan shall be limited to a determination of the impact of the cellular antenna tower construction on the requirements of the Conditional Use Permit. The modification request shall be filed simultaneously with the request to locate the cellular antenna tower. The property owner shall be responsible for making any required alterations for the modification of a Conditional Use Permit, or shall obtain a variance or waiver of any permit requirement affected by the location of the cellular antenna tower on the site.
(F) 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 have no authority to grant 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. Any person violating this subsection shall be guilty of official misconduct in the second degree as provided under KRS 522.030.
(G) The Planning Commission may appoint an enforcement officer who shall have the authority to issues citations for violations of this chapter, following procedures contained within KRS 431.015. Should a citation be issued, the defendant shall appear within a designated time pursuant to the citation.
(Ord. 2010-06, passed 11-8-10)