(A) At the time of the application submittal, the applicant shall provide information demonstrating compliance with the following requirements. Where the 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 of said requirements unreasonable, the Commission 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.
(B) All structures except fences shall be located at least 50 feet from the property line or lease line of any residentially zoned property.
(C) 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 height requirement 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 to the highest point.
(D) When any cellular antenna tower or alternative antenna tower structure is taller than the distance from its base to the nearest property line or lease line, the applicant shall furnish the Commission with a certification from an engineer registered in the Commonwealth of Kentucky that the tower will withstand winds of 70 miles per hour, in accordance with current ANSI/EIA/TIA standards.
(E) Cellular antenna towers shall not be illuminated, except in accordance with other state or federal regulations. Upon commencement of construction, in cases where there are residential uses located within a distance which is 300% of the height of the cellular tower from the cellular tower and when required by federal law, dual mode lighting shall be requested from the FAA.
(F) The site shall be unstaffed. Personnel may periodically visit the site for maintenance, equipment modification or repairs. To accommodate such visits, ingress/egress shall be only from approved access points.
(G) A minimum of one off-street parking space per provider shall be provided on the site.
(H) 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 be not less than six feet in height nor more than eight feet in height. The use or barbed wire or sharp-pointed fences is prohibited.
(I) Screening shall be required where the site in question abuts residentially-zoned property. Screening shall be provided by evergreen trees planted in a staggered pattern at a maximum distance of 15 feet on center. The screening shall be placed in an area between the property or lease line and a ten-foot setback. The site shall be landscaped in accordance with the requirements applicable to utility substations under the provisions of the city's code of ordinances.
(J) Any site to be purchased or leased for the installation of a cellular antenna tower or alternative antenna tower and ancillary facilities shall comply with the minimum lot size requirements of the zone in which the facility is to be located; provided, however, that such area shall not be required to exceed one-half acre.
(K) Surfacing of all driveways and off-street parking areas shall comply with the requirements of the applicable regulations for the district in question.
(L) 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.
(M) All new cellular antenna towers shall be designed and constructed to accommodate a minimum of three service providers.
(N) All option and site lease agreements shall contain non-exclusive co-location clauses.
(O) 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 painted light gray or light blue in color. Alternate sections of aviation orange and aviation white paint may be used only when the FAA finds that none of the alternatives to such markings are acceptable.
(Ord. 01-25, passed 7-24-01; Am. Ord. 01-38, passed 11-03-01)