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 (1) 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 (1) or more of the 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) Monopole cellular antenna towers shall be permitted in any area or zone. Lattice and guyed cellular antenna towers shall be permitted in any zone except for residential areas or zones. Monopole cellular antenna towers in residential areas or zones shall be limited to one hundred (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.
(B) Lattice and guyed cellular antenna towers constructed in an other zone shall be located a minimum distance of not less than two hundred fifty (250) feet from all existing residential structures.
(C) 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 (1/2) 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 fifty (50) feet to any property line.
(D) A cellular antenna tower, or alternative antenna tower structure, may be constructed to a maximum height of two hundred (200) feet regardless of the maximum height requirements listed in the specific zoning district. This 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 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 two hundred (200) feet in height upon review of the applicant’s justification that the additional height meets the criteria identified in §
120.21.
(E) The cellular antenna tower shall be constructed in compliance with the current ANSI/EIA/TIA 222-F standards and other applicable state standards.
(F) Cellular antenna towers shall not be illuminated, except in accordance with other state or federal regulations.
(G) 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 or of the applicable KYTC-District (where applicable).
(H) Woven wire or chain link (eighty percent (80%) percent open) or solid fences made from wood or other materials (less than fifty percent (50%) percent open) shall be used to enclose the site. Such fences shall not be more than eight (8) 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.
(I) Screening shall be provided by evergreen trees, with a minimum height of six (6) feet, planted in a staggered pattern at a maximum distance of ten (10) feet on center. The Planning Commission may increase the distance between plantings based on the type (species) of evergreen tree and its growth characteristics. The screening shall be placed in an area between the property line, or lease line, and a ten (10) foot setback. A break in the hedge, not to exceed fifteen (15) feet in width, shall be allowed for access of maintenance personnel and vehicles.
(J) Surfacing of all driveways and off-street parking areas shall comply with the requirements of the applicable Subdivision and Development 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.
(K) 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.
(L) All new cellular antenna towers shall be designed and constructed to accommodate a minimum of three (3) service providers.
(M) All option and site lease agreements shall not prohibit the possibility of co-location.
(Ord. 2004-015, passed 8-23-04)
