A. Purposes. The purposes of these regulations are, within the grant of authority by the General Assembly in KRS 100.985, et seq.:
1. To provide for the safest and most efficient integration of cellular antenna towers for cellular communications services or personal communications services within the community;
2. To provide for such facilities in coordination with the recommendations of the comprehensive plan;
3. To allow for such facilities with the intention of furthering the public health, safety, and general welfare;
4. To foster the promotion of co-location;
5. To provide aesthetic protection in residential districts, central business district, general business districts, neighborhood commercial districts, industrial districts. and scenic highways.
6. To provide aesthetic protection for properties, sites, structures, buildings and objects of historical significance, including those surveyed by the Kentucky Heritage Council and designated as on the National Register of Historic Places (Register), contributing to a Register listing, or eligible for the Register. Also includes State of Kentucky Landmarks (hereinafter referred to as "historic properties").
B. Prohibited actions of Planning Commission in regulating placement in cellular antenna towers.
1. The provisions of KRS 100.986, as amended from time to time, are incorporated herein by reference.
C. Definitions. For the purposes of these regulations, the definitions as found in KRS 100.985, as amended from time to time, are incorporated herein by reference, and shall apply, supplemented by the following:
1. Guyed towers. A type of wireless transmission tower that is supported by thin guy wires.
2. Monopole. A slender self-supporting tower on which wireless antennas can be placed.
3. Stealth technology. Cellular antenna tower is camouflaged, such as in a steeple or flag pole, to make it less visible.
D. Pre-application conference.
1. Applicants are encouraged to notify the Planning Commission to discuss proposals, allow for early coordination and to identify those items which are in conformance/nonconformance with the adopted Comprehensive Plan, Zoning Ordinance, and the provisions of these regulations.
E. Application fee.
1. An applicant for the construction of cellular antenna towers for cellular telecommunications services, or personal communications services, shall pay an application fee in the amount of $2,500 upon submission of a uniform application. This fee includes review by the Planning Commission based upon the required development plan, review of the Planning Commission for grading and construction plans as defined by the Subdivision and Development Regulations, and review and permitting by the Building Inspector. Applications for co-location of antenna(e) on an existing structure shall pay an application fee in the amount of $250. This fee includes review by the Planning Commission for grading and construction plans (if needed) as defined by the Subdivision and Development Regulations, and permitting by the Building Inspector.
F. Contents of uniform application.
1. The provisions of KRS 100.9865, as amended from time to time, are incorporated herein by reference.
G. Applicability.
1. Every utility, or a company, that is engaged in the business of providing the required infrastructure to a utility, that proposes to construct an antenna tower for cellular telecommunications services, or personal communications services, shall submit a completed uniform application to the Paris-Bourbon County Joint Planning Commission. The Planning Commission shall not regulate the placement of antennas or related equipment on an existing structure (co-location).
H. Confidentiality of application.
1. 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 deny 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. The confidentiality of the application and any updates of the application may be waived by the applicant in writing.
I. General.
1. A cellular antenna tower for cellular telecommunications services of personal communications services may be allowed:
(a) In any (A-1) Agricultural, (B) Business, or (I) Industrial District, except those with the districts containing the Central Business District, historic properties, or scenic highways;
(b) After a review by the Planning Commission, in accordance with the adopted goals and objectives of the Paris-Bourbon County Comprehensive Plan, the regulations contained within the City of Paris Zoning Ordinance, and these Cellular Antenna Tower Regulations;
2. Location of a cellular tower in an (R) Residential District, and historic property, the Central Business District, or near scenic highways is discouraged, and the placement of a cellular tower in any of these areas should be avoided.
3. Co-location of service facilities is preferred. Co-location objectives may be satisfied by configuration of new facilities for multiple carriers or by co-location on existing facilities. Any request for review of a proposal to construct such an antenna tower or to reconfigure, enlarge or reconstruct an existing antenna tower, shall be made only in accordance with these regulations.
4. However, if the property is subject to an existing Conditional Use Permit, the property owner shall obtain approval of the appropriate modification request. Such request shall be filed simultaneously with the uniform application. Review of the Conditional Use Permit plan shall be limited to a determination of the impact of the antenna tower for cellular telecommunications services or personal communications services construction on the requirements of the Conditional Use Permit. The property owner shall be responsible for making alternative provision for any alteration of Conditional Use Permit or shall obtain a variance or waiver of the Permit requirement affected by the location of the tower on the site.
J. Processing of application.
1. Applications for the construction of cellular antenna towers for cellular telecommunications services or personal communications services shall be processed as follows:
(a) At least one (1) public hearing on the proposal shall be held, at which hearing interested parties and citizens shall have the opportunity to be heard. Notice of the time and place of such hearing shall be published at least once, in a newspaper of general circulation in Bourbon County, provided that one (1) publication occurs not less than seven (7) calendar days or more than twenty-one (21) calendar days before the occurrence of such hearing.
(b) Notice of the proposal shall be posted on the site at least fourteen (14) days in advance of the hearing. Such notice shall consist of a written notice, of durable material at least two (2) feet by four (4) feet in size, stating that "[Name of applicant] proposes to construct a telecommunications tower on this site" and including the addresses and telephone numbers of the applicant and the Planning Commission. Notice of the proposal shall also be posted on the public road nearest the site. Such notice shall consist of a written notice, of durable material at least two (2) feet by four (4) feet in size, stating that "[Name of applicant] proposes to construct a telecommunications tower near this site" and including the addresses and telephone numbers of the applicant and the Planning Commission.
(c) Notice of the hearing shall be given at least fourteen (14) days in advance of the hearing, by certified mail, return receipt requested, to the owner of every parcel of property within five hundred (500) feet of the proposed tower or property contiguous to the site upon which the tower is proposed to be constructed. Said notice shall include a map of the location of the proposed construction, the telephone number and address of the Planning Commission, and shall inform the addressee of his or her right to participate in the Planning Commission's proceedings on the applications. 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 administer 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 Valuations Administrator's records as having the same address.
(d) Upon holding such hearing, the Planning Commission shall, within sixty (60) days commencing from the date that the application is received by the Planning Commission, or within a date specified in a written agreement between the Planning Commission and the applicant, make its final decision to approve or disapprove the uniform application. If the Planning Commission fails to issue a final decision within sixty (60) days, and there is no written agreement between the Planning Commission and the utility to a specific date for the Planning Commission to issue a decision, it shall be presumed that the Planning Commission has approved the utility's uniform application.
(e) The Planning Commission Technical Review Committee will review the application, then forward their comments to the Commission. The evaluation will be based on the following criteria:
(1) The Planning Commission will 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 existing towers.
(2) Agreement with the various elements of the Paris-Bourbon County Comprehensive Plan, and where applicable, any other adopted plans.
(3) Extent to which the proposal is consistent with the purposes of these regulations.
(4) Adequacy of the proposed site, considering such factors as the sufficiency of the site to comply with the established Design Standards listed in Section L. (Design standards) below, of these regulations.
(5) Extent to which the proposal responds to the impact of the proposed development on adjacent land uses, especially in terms of visual impact.
(6) Extent to which the proposed facility is integrated with existing structures, or the extent to which the proposed cellular antenna tower uses stealth technology.
(f) Upon approval of a cell tower application, a building permit must be obtained within five (5) years of Planning Commission approval of the site plan. From issuance of the building permit no more than two (2) extensions may be obtained. Otherwise, the plan shall be deemed as disapproved by the Commission and the applicant must reapply.
K. Amendments.
1. Any amendments to the site development plans, except for minor adjustments as determined by the Planning Commission, or its duly authorized representative, shall be made in accordance with the procedure required in Section L. (Design standards) below, subject to the same limitations and requirements as those under which such plans were originally approved.
L. Design standards.
1. At the time of application submittal, the applicant shall provide information demonstrating compliance with the following requirements: Where the Planning Commission, or its duly authorized representative, 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 of the said requirements unreasonable, the Planning Commission, or its duly authorized representative, may modify or waive such requirement, either permanently or on a temporary basis. 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.
(a) The site configuration should be formed by logical boundaries (e.g., topography, natural features, streets, relationship of adjacent uses, and the like).
(b) A cellular antenna tower, or alternative antenna tower structure, may be constructed to a maximum height of two hundred (200) feet in business, industrial or agricultural districts, except where a tower is located adjacent to residential districts, historic properties or the Central Business District; then the maximum height shall be one hundred and twenty-five (125) feet, and shall consist of a monopole, stealth technology or co-location. Cellular tower are discouraged in residential districts, historic properties or the Central Business Districts, except for ones using stealth technology or co-location. The maximum height also applies to any tower taller than fifteen (15) feet constructed on the top of another building or structure, with the height being the overall height of the building/structure and tower together, measured from the grade to the highest point. The Planning Commission may allow antennas greater than two hundred (200) feet in height, upon review of the applicant's justification that the additional height meets all other criteria identified in these regulations.
(c) When any cellular antenna tower, or alternative antenna tower structure, is proposed, the applicant shall furnish the Planning Commission with a certification from an engineer, registered in the Commonwealth of Kentucky, that the tower will meet the current ANSI/EIA/TIS 222-F standards and other applicable state standards.
(d) Cellular antenna towers shall not be illuminated, except in accordance with other state or federal regulations.
(e) The site shall be enclosed by a security fence, which shall not be less than eight (8) feet in height and shall be made from a material appropriate to the adjacent land use. The use of barbed wire, or sharp pointed fences, shall be prohibited from the ground to a height of six (6) feet. Such fence may be located within the front, side or rear yard setbacks.
(f) In any district, whenever possible, all antenna towers shall be designed and constructed so as to minimize any potential negative aesthetic, environmental or visual impacts.
(g) Any site to be purchased, or leased, for the installation of the cellular antenna tower, or alternative antenna tower, and ancillary facilities, shall be at least five thousand (5,000) square feet in area.
(h) Surfacing of all driveways and off-street parking areas shall comply with the requirements of the City of Paris Zoning Ordinance.
(i) 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 (5) square feet in area.
(j) All new cellular antenna towers shall be designed and constructed to reasonably accommodate a minimum of three (3) service providers. This includes space on-site to accommodate the ground equipment for the three (3) additional providers.
(k) All option and site lease agreements shall not prohibit the possibility of co-location.
(l) Any monopole, guyed, lattice, or similar type cellular antenna tower and any alternative cellular antenna tower structure similar to these towers, such as light poles, shall be maintained in either galvanized steel finish or be painted light gray or light blue in color. Alternative sections of aviation orange and aviation white may be used ONLY when the FAA finds that none of the alternatives to such marking are acceptable.
(m) In residential districts, historic properties and the Central Business District, all antenna towers and related structures shall comply with the yard setbacks for that district, plus three (3) times the height of the towers.
(n) In agricultural districts, all antenna towers and related structures shall have a front yard setback of two hundred (200) feet, and adhere to all other yard setbacks for that district.
(o) In all (B) Business and (I) industrial (excluding historic properties and the Central Business District) all antenna towers and related structures shall have a front yard setback of one hundred, twenty-five (125) feet, plus adhere to the yard setbacks for that district. The tower should be located where it will have the lowest visual impact.
(p) All antenna towers and related structures, except fences, where adjacent to a residential district, historic district or the Central Business District; shall have a setback from the property line of a distance equal to the height of the antenna tower, plus the yard setbacks for that district (agricultural, business or industrial), and using the setbacks for "adjacent to residential district". Visual screening shall be required along the property line where the proposed site abuts a residential district, historic district or the Central Business District. Options for screening include, but are not limited to: fencing, plant material, or berms.
(q) All antenna towers and related structures, except fences, shall be located at least one thousand (1,000) feet from a scenic highway; or at a shorter distance if the topography will visually screen the tower.
M. Existing telecommunications facilities.
1. Telecommunications facilities in existence on the date of the adoption of this ordinance, or any amendment thereto, which do not comply with this ordinance, or any amendment thereto, ("existing telecommunications facilities") are subject to the following provisions:
(a) Existing telecommunications facilities may continue in use for the purpose now used, but may not be expanded or replaced without complying with this ordinance, except as further provided in this section.
(b) Existing telecommunications facilities which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored to their former use, location and physical dimensions subject to obtaining a building permit therefore, but without otherwise complying with this ordinance.
(c) The owner of any existing telecommunication facility may replace, repair, rebuild and/or expand such telecommunications facility to accommodate co-located antennas or facilities, or to upgrade the facilities current engineering, technological or communications standards by obtaining a building permit therefore, and without having to conform to the provisions of this ordinance (including, but not limited to, provisions of this ordinance regarding notice to local zoning authorities or posting of signs) or to otherwise request local zoning approval, so long as such facilities are not increased in height by more than 20% and/or setbacks are not changed.
(d) Any such replacement, repair, reconstruction or enlargement shall not violate the design standards described in Section L. (Design standards) above beyond that existing at the date of the adoption of this ordinance.
(e) Any legally permitted and constructed telecommunications tower shall be exempt from these regulations; except when discontinued for a period of twelve (12) months. In such cases, the applicant or utility shall be required to follow the procedures listed herein.
N. Maintenance removal.
1. Any contract with an owner of property upon which a cellular antenna tower is to be constructed, shall include a provision that specifies, in the case of abandonment, a method that the utility will follow in dismantling and removing a cellular antenna tower including a timetable for removal.
2. To insure removal of all improvements at any abandoned telecommunications facility, any applicant filing a request under these regulations shall, at the time of submittal, deposit with the Planning Commission, and to the benefit of the Planning Commission, a letter of credit, a performance bond, or other security acceptable to the Planning Commission in the amount equal to the cost of demolition and removal of the facility. An applicant having multiple telecommunications facilities within the Planning Commission's jurisdiction may deposit a single guarantee in the amount equal to the cost of demolition and removal of the one facility it owns which would cost the most to demolish and remove until such time as the number of its multiple facilities exceeds four (4) such facilities. At such time as the approved number of the applicant's multiple facilities exceeds four (4) such facilities, the applicant shall increase the amount on deposit to an amount equal to the cost of the most costly demolition and removal plus twenty-five (25) percent of the cost of demolition and removal of the applicant's other existing facilities. Any guarantee submitted shall be irrevocable and shall provide for the Planning Commission to collect the full amount of the guarantee if the applicant fails to maintain the guarantee.
3. If the use of any cellular antenna or cellular antenna tower or alternative cellular antenna tower structure is discontinued, the owner shall provide the Planning Commission with a copy of the notice to the FCC of intent to cease operations within thirty (30) days of such notice to the FCC. If the cellular antenna or cellular antenna tower or alternative cellular antenna tower structure will not be reused, the owner shall have one-hundred, eighty (180) days from submittal of the FCC notice to the Planning Commission to obtain a demolition permit and remove the antenna or tower that will not be reused. If the cellular antenna or cellular antenna tower or alternative cellular antenna tower is to be reused, the owner shall have no more than twelve (12) months from submittal of the FCC notice to the Planning Commission in which to commence new operation of the antenna or tower to be reused. Upon failure to commence new operation of the antenna or tower to be reused within twelve (12) months, the cellular antenna or cellular antenna tower or alternative cellular antenna tower structure shall be presumed abandoned, and the owner shall obtain with ninety (90) days of the expiration of the twelve (12) month period, a demolition permit and remove the antenna or tower that is presumed abandoned with sixty (60) days of obtaining the demolition permit. If the owner fails to remove an antenna or tower in the time provided by this paragraph, the Planning Commission may, on grounds of public safety, health, and welfare, cause the demolition and removal of the antenna or tower and recover its costs of demolition and removal.
O. Severability.
1. That if any clause, section, or other part of this ordinance shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of the ordinance shall not be affected thereby, but shall remain in full force and effect.
(Ord. 2003-18, passed 11-11-03; Am. Ord. 2007-25, passed 11-11-08; Am. Ord. 2014-12, passed 7-15-14; Am. Ord. 2017-6, passed 6-27-17)