(A) After an applicant's submission of the uniform application to construct a cellular antenna tower, the Planning Commission shall:
(1) Review the uniform application in light of its agreement with the Comprehensive Plan and the Zoning Ordinance for the City of Lawrenceburg and Anderson County.
(2) Make its final decision to approve or disapprove the uniform application.
(3) Advise the applicant in writing of its final decision within sixty (60) days from the date that the uniform application is submitted to the Planning Commission or within a date certain specified in a written agreement between the Planning Commission and the applicant. If the Planning Commission fails to issue a final decision within sixty (60) days or fails to comply with the date certain agreement, the uniform application shall be deemed to be approved.
(B) No permit for construction for a cellular or personal wireless services antenna tower shall be issued until the Planning Commission approves the uniform application or until the sixty (60) day time period has expired, whichever occurs first.
(C) The applicant shall notify the Public Service Commission within ten (10) working days of the approval of an application for the construction of a cellular antenna tower by the Planning Commission. The notice to the Public Service Commission shall include a map showing the location of the construction site. The applicant shall be prohibited from beginning construction on the tower until such notice has been made.
(D) Upon disapproval of a uniform application by the Planning Commission, it shall issue a written decision stating the reasons for disapproval and may make suggestions which, in its opinion, better accomplish the objectives of the Comprehensive Plan and the Zoning Ordinance for the City of Lawrenceburg and Anderson County.
(E) The Planning Commission's Technical Review Committee will review the application and forward its comments to the Commission. The Planning Commission's evaluation shall be based on the following criteria:
(1) The applicants' willingness to co-locate additional transmitting or related equipment on any new or existing towers.
(2) The conformity of the uniform application with the various elements of the Lawrenceburg-Anderson County Comprehensive Plan, and where applicable, any other adopted plans.
(3) The extent to which the proposal is consistent with the purposes of these regulations.
(4) The adequacy of the proposed site, considering such factors as its size and its compliance with the design standards listed in § 116.07 of these regulations.
(5) The impact(s), including visual impact(s), of the proposed development on adjacent land uses.
(6) The extent to which the proposed facility integrates with existing structures.
(F) A party aggrieved by a final action of the Planning Commission may bring an action for review in any court of competent jurisdiction.
(G) In regulating the placement of cellular antenna towers, the Planning Commission shall not:
(1) Regulate the placement of a cellular antenna tower on the basis of the environmental effects of radio frequency emissions, to the extent that these facilities comply with the regulations of the Federal Communications Commission concerning radio frequency emission;
(2) Institute a moratorium upon the siting of cellular antenna towers;
(3) Charge an application fee that exceeds an amount that is reasonably related to expenses associated with processing an application to construct a cellular antenna tower, and to issue any necessary permits including any required building permit, up to a maximum of two thousand five hundred dollars ($2,500.00);
(4) Regulate the placement of antennas or related equipment on an existing structure; or
(5) Require the submission of application materials in addition to those required by KRS 100.9865 and 100.987, unless agreed by both parties.
(Ord. 2010-06, passed 11-8-10)