The following requirements apply to all wireless telecommunications facilities regardless of the zoning district in which they are to be located. These general standards are to be supplemented with specific regulations for nonresidential and residential districts set forth in §§ 155.20 and 155.21 of this code.
(A) When the proposed wireless telecommunications facility is to include a new tower, a plot plan at a scale of not less than one inch is equal to 100 feet shall be submitted. This plot plan shall indicate all building uses within 300 feet of the proposed facility. Aerial photos and/or renderings may augment the plot plan.
(B) The location of the tower and equipment shelter shall comply with all natural resource protection standards established in the zoning code, including those for floodplain, wetlands and steep slopes.
(C) Security fencing eight feet in height shall surround the tower, equipment shelter and any guy wires, either completely or individually as determined by the Planning Commission.
(D) The following buffer plantings may be located around the perimeter of the security fence as deemed appropriate by the Planning Commission. An evergreen screen shall be planted that consists of either a hedge, planted three feet on center maximum, or row of evergreen trees planted five feet of center maximum.
(E) Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.
(F) Any applicant requesting permission to install a new tower shall provide evidence of written contact with all wireless service providers who supply service within a quarter mile of the proposed facility. The applicant shall inquire about potential collocation opportunities at all technically feasible locations. The contacted providers shall be requested to respond in writing to the inquiry within 30 days. The applicant’s letter(s) as well as response(s) shall be presented to the City Council as a means of demonstrating the need for the tower.
(G) Any application to locate an antenna on a building or structure that is listed on an historic register, or is in an historic district shall be subject to review by the municipality’s Building Commissioner.
(H) The tower shall be painted a non-contracting gray or similar color minimizing its visibility, unless otherwise required by the FCC or FAA. No advertising is permitted anywhere on the facility, with the exception of identification signage.
(I) (1) All providers utilizing towers shall present a report to the Building Commissioner notifying them of any tower facility located in, the municipality, whose use will be discontinued and the date this use will cease.
(2) If at any time the use of the facility is discontinued for 180 days, a designated local official may declare the facility abandoned. (This excludes any dormancy period between construction and the initial use of the facility.)
(3) The facility’s owner/operator will receive written notice from the Building Commissioner and instructed to either reactivate the facility’s use within 180 days, or dismantle and remove the facility.
(4) If reactivation or dismantling does not occur, the municipality will remove or will contract to have removed the facility and assess the owner/operator the costs.
(J) All towers above 100 feet shall be artificially lighted. In addition, all FAA regulations addressing safety marking and obstruction lighting shall be followed when necessary. Security lighting around the equipment shelter is permitted.
(K) “No trespassing” signs shall be posted around the facility with a telephone number to contact in the event of an emergency.
(L) Applicant will provide evidence of legal access to the tower site thereby maintaining this access regardless of other developments that take place on the site.
(M) A conditional use permit must be approved by the Planning Commission and the City Council with a subsequent building permit issued by the Building Commissioner for the construction of towers in nonindustrial districts. Collocation of antennas on a single tower, antennas attached to existing structures/buildings, towers located in industrial districts or replacement towers to be constructed at the site of a current tower are permitted uses and will not subject to the conditional use permitting process.
(N) Any decision to deny a request to place, construct or modify a wireless telecommunications antenna and/or tower shall be in writing and supported by evidence contained in a written record of the proceeding of the Planning Commission.
(O) Underground equipment shelters are encouraged, especially in nonindustrial districts, and may be requested by the Planning Commission.
(P) The employment of any other method to effectuate an equitable allocation and apportionment of net profit or gross sales.
(KRS 67.753(4)(d)) (Ord. 2009-06, passed 9-16-2009)