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(A) 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 such that one or more of the requirements listed below 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 said requirements unreasonable, the Planning Commission, or its duly authorized representative, may modify or waive such requirement, either permanently or on a temporary basis.
(B) Any such modification or waiver shall be requested by the applicant, and the applicant shall submit a written justification for each requested modification or waiver.
(1) Monopole cellular antenna towers shall be permitted in any zone. Lattice and guyed cellular antenna towers shall be permitted in any zone except for residential zones. Monopole cellular antenna towers in residential zones shall be limited to 100 feet in height, unless otherwise approved by the Planning Commission as approved as a variance request and as part of the required development plan.
(2) Lattice and guyed cellular antenna towers constructed in an agricultural zone shall be located a minimum distance of not less than 250 feet from all existing residential structures.
(3) Setbacks for all structures constructed in connection with cellular antenna towers, except fences and/or guy wires, shall be a minimum distance from the property line or lease line equal to the setback of the respective district plus one-half the height of the tower. All structures constructed in connection with stealth towers shall comply with the applicable setback requirements established for other structures within the applicable zoning district. Stealth towers that are to be located as part of a utility service facility (e.g., power pole or telephone pole) shall comply with setback requirements applicable to such utility service facilities, if any. No tower may be located closer than 50 feet to any property line.
(4) A cellular antenna tower, or alternative antenna tower structure, may be constructed to a maximum height of 200 feet regardless of the maximum height requirements listed in the specific zoning district. This also applies to any tower taller than 15 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 at ground level to the highest point of the tower. The Planning Commission may allow antennas greater than 200 feet in height upon review of the applicant’s justification that the additional height meets the criteria identified in § 154.255.
(4) The cellular antenna tower shall be constructed in compliance with the current ANSI/EIA/TIA 222-F standards and other applicable state standards.
(5) Cellular antenna towers shall not be illuminated, except in accordance with other state or federal regulations.
(6) The site shall be unstaffed or unmanned. 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 as shown on the approved development plan subject to the entrance requirements outlined in the Subdivision and Development Regulations of KYTC (where applicable).
(7) 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 not be more than eight feet in height. The use of barbed wire or sharp pointed fences shall be prohibited. Such fence may be located within the front, side or rear yard.
(8) Screening shall be provided by evergreen trees, with a minimum height of six feet, planted in a staggered pattern at a maximum distance of ten feet on center.
(a) The Director of Development Services may increase the distance between plantings based on the type (species) of evergreen tree and its growth characteristics.
(b) The screening shall be placed in an area between the property line, or lease line, and a ten-foot setback.
(c) A break in the hedge, not to exceed 15 feet in width, shall be allowed for access of maintenance personnel and vehicles.
(9) Surfacing of all driveways and off-street parking areas shall comply with the requirements of the applicable subdivision regulations and be at least constructed of gravel or other durable surface. The Planning Commission may require alternative surface materials based on grade, construction and potential for erosion.
(10) 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 square feet in area.
(11) All new cellular antenna towers shall be designed and constructed to accommodate a minimum of three service providers.
(12) All option and site lease agreements shall not prohibit the possibility of co-location.
(Ord. passed 1-11-2005)
(A) Approval or disapproval of the proposal shall be based upon an evaluation of the proposal’s agreement with the Comprehensive Plan, zoning ordinance and applicable subdivision regulations.
(B) The Planning Commission may require the applicant to make a reasonable attempt to co-locate additional transmitting or related equipment.
(1) The Planning Commission may provide the location of existing cellular antenna towers on which the Commission deems the applicant can successfully co-locate its transmitting and related equipment.
(2) If the Planning Commission requires the applicant to attempt co-location, the applicant shall provide the Planning Commission with a statement indicating that the applicant has:
(a) Successfully attempted to co-locate on towers designed to host multiple wireless service providers’ facilities or existing structures such as a telecommunications tower or another suitable structure capable of supporting the applicant’s facilities, and that identifies the location of the tower or suitable structure on which the applicant will co-locate its transmission and related facilities; or
(b) Unsuccessfully attempted to co-locate on towers designed to host multiple wireless service provider’s facilities or existing structures such as a telecommunications tower or another suitable structure capable of supporting the applicants facilities and that:
1. Identifies the location of the towers or other structures on which the applicant attempted to co-locate; and
2. Lists the reasons why the co-location was unsuccessful in each instance.
(3) 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.
(4) The Planning Commission shall not regulate the placement, of a cellular antenna tower on the basis of the environmental effects of radio frequency emissions to the extent that the proposed facility complies with the regulations of the Federal Communications Commission concerning radio frequency emissions.
(Ord. passed 1-11-2005)
AMENDMENTS
Whenever the public necessity, convenience, general welfare or good zoning practices require, the legislative body may, by ordinance, after receiving a recommendation thereon from the Planning Commission, and subject to procedures by law, amend, supplement, change or repeal the regulations, restrictions and boundaries or classification of property.
(Ord. passed 1-11-2005)
A proposal for amendment to the official zoning map may originate with the Planning Commission, the Fiscal Court, any other governmental body, the owner of the subject property, or by a person having written authorization from the owner of the subject property. A proposal for amendment to the text of this chapter may originate with any person or governmental body. Regardless of the origin of the proposed amendment an application must be filed with the Planning Commission requesting the proposed amendment in such form and accompanied by such information as required by this chapter and the Planning Commission. The Planning Commission may require the prior submission of a development plan prepared in accordance with §§ 154.225 through 154.231, which when approved by the Commission, shall be followed. At the time of filing an application, a non-returnable filing fee shall be paid according to the schedule of fees; however, there shall be no filing fee for an amendment requested by the Fiscal Court, the Planning Commission or any governmental agency. Upon the filing of an application for a map amendment by a governmental body, the Planning Commission shall promptly notify the owner of the subject property by registered mail or certified mail, return receipt requested.
(Ord. passed 1-11-2005)
(A) Upon the filing of an application for an amendment to the official zoning map or the text of this chapter, the Planning Commission shall study and review the application as provided in this chapter and the bylaws of the Planning Commission.
(B) The Planning Commission shall then hold at least one public hearing after notice as required by KRS Chapter 424 and KRS Chapter 100 and shall make findings of fact and a recommendation for approval or disapproval of the proposed amendment to the various legislative bodies involved. A tie vote shall be subject to further consideration by the Planning Commission for a period not to exceed 30 days, at the end of which if the tie has not been broken, the application shall be forwarded to the or legislative body without a recommendation for approval or disapproval.
(Ord. passed 1-11-2005)
(A) Notice of the time, place and reason for the required public hearing shall be given by one publication in the newspaper of general circulation in the county, not earlier than 21 days or later than seven days before the public hearing in accordance with KRS 424.130 and KRS 100.211.
(B) Any published notice shall include the street address of the property in question, or if one is not available or practicable due to the number of addresses involved, a geographic description sufficient to locate and identify the property, and the names of two streets on either side of the property which intersect the street on which the property is located; and when the property in question is located at the intersection of two streets, the notice shall designate the intersection by name of both streets rather than name two streets on either side of the property.
(C) (1) When a hearing is scheduled on a proposal by a property owner to amend any zoning map, the following notice shall be given in addition to any other notice required by statute, local regulation or ordinance:
(a) Notice of the hearing shall be posted conspicuously on the property the classification of which is proposed to be changed for 14 consecutive days immediately prior to the hearing. Posting shall be as follows:
1. The sign shall state “zoning change” and the proposed classification change in letters three inches in height. The time, place and date of hearing shall be in letters at least one inch in height;
2. The sign shall be constructed of durable material and shall state the telephone number of the Planning Commission Office; and
3. It shall be the responsibility of the applicant to post the sign conspicuously on the property. The Administrative/Enforcement Officer shall verify to the Planning Commission at the hearing that placement occurred pursuant to the provisions of this chapter.
(b) The County Planning Commission provides the required signage for use by the property owner requesting the zone change with a refundable deposit.
(2) Notice of the hearing shall be given at least 14 days in advance of the hearing by first class mail, with certification by the Commission Secretary or other officer of the Planning Commission that the notice was mailed to an owner of every parcel of property adjoining the property the classification of which is proposed to be changed. It shall be the duty of the person or persons proposing the map amendment to furnish to the Planning Commission the names and addresses of the owners of all adjoining property. Records maintained by the Property Valuation Administrator may be relied upon conclusively to determine the identity and address of said owner. In the event such property is in condominium or cooperative forms of ownership, then the person notified by mail shall be the president or Chairperson of the owner group which administers property commonly owned by the condominium or cooperative owners. A joint notice may be mailed to two or more co-owners of an adjoining property who are listed in the Property Valuation Administrator’s records as having the same address.
(D) In addition to the public notice requirements of this section, when the Planning Commission or legislative body of any planning unit originates a proposal to amend the zoning map of that unit, notice of the public hearing shall be given at least 30 days in advance of the hearing by first class mail to an owner of every parcel of property the classification of which is proposed to be changed. Records by the Property Valuation Administrator may be relied upon to determine the identity and address of said owner.
(Ord. passed 1-11-2005)
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