CHAPTER 120: CELLULAR PHONE TOWER REGULATIONS
Section
General Provisions
   120.01   Purpose
   120.02   Pre-application conference
   120.03   Definitions
   120.04   Review by Zoning Commission
   120.05   Applicability
Construction Applications
   120.10   Requirements
   120.11   Confidentiality
   120.12   Fee
   120.13   Processing
Regulatory Provisions
   120.20   Design standards
   120.21   Criteria for approval
   120.22   Amendments
GENERAL PROVISIONS
§ 120.01 PURPOSE.
   The purposes of this chapter are:
   (A)   To provide for the safest and most efficient integration of cellular antenna towers for cellular telecommunications services or personal communications services within the community;
   (B)   To provide for such facilities in coordination with the recommendations of the Comprehensive Plan; and
   (C)   To allow for such facilities with the intention of furthering the public health, safety, and general welfare.
(Ord. 2004-015, passed 8-23-04)
§ 120.02 PRE-APPLICATION CONFERENCE. 
   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.
(Ord. 2004-015, passed 8-23-04)
§ 120.03 DEFINITIONS.
   For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ANTENNAS OR RELATED EQUIPMENT. Transmitting, receiving, or other equipment used to support cellular telecommunications service or personal communications service. This definition does not include towers.
   CELLULAR ANTENNA TOWER. A tower constructed for, or an existing facility that has been adapted for, the location of transmission or related equipment to be used in the provision of cellular telecommunications services or personal communications services.
   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 or other applicable structure.
   DEVELOPMENT PLAN. A presentation in the form of sketches, maps and drawings (plans and profiles) of a proposed use and/or structure by the owner or developer of the land which sets forth in detail the intended development, according to the standards and procedures in Article IV (Development Approval Procedure) and Articles V through VIII.
   PPEPC. Pike County, City of Pikeville & Elkhorn City Planning Commission or Planning Commission.
   PERSONAL COMMUNICATION SERVICE. Has the meaning as defined in 47 U.S.C. § 332(c).
   UNIFORM APPLICATION. An application to construct a cellular antenna tower submitted to a planning commission in conformity with KRS 100.987 and KRS ______ (section number not yet assigned).
   UTILITY. Has the meaning as defined in KRS 278.010(3).
(Ord. 2004-015, passed 8-23-04)
§ 120.04 REVIEW BY ZONING COMMISSION.
   Cellular antenna towers for cellular telecommunications services or personal communications services may be allowed in any zone after review by the Planning Commission in accordance with the following procedures to ascertain agreement with the adopted Comprehensive Plan and the regulations contained within the Zoning Ordinance.
(Ord. 2004-015, passed 8-23-04)
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