HomeMy WebLinkAbout2003-11-6722603
ORDINANCE NO. 2003-11-6722
AN ORDINANCE CREATING SECTION 126-82, CELLULAR ANTENNA TOWER
REGULATIONS, OF CHAPTER 126, ZONING, OF THE CODE OF ORDINANCES OF THE CITY
OF PADUCAH, KENTUCKY
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That Section 126-82, Cellular Antenna Tower Regulations, of Chapter
r` 126, Zoning, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby created and ordained
to read as follows:
Section 126-82 - Cellular Antenna Tower Regulations
(1) PURPOSE. The purposes of these regulations are: to provide for the safest and
most efficient integration of cellular antenna towers for cellular telecommunications services or personal
communications services within the community; to provide for such facilities in coordination with the
recommendations of the comprehensive plan; and to allow for such facilities with the intention of
furthering the public health, safety, and general welfare.
(2) PRE -APPLICATION CONFERENCE. Applicants are encouraged to notify
the planning commission to discuss proposals, to allow for early coordination, and to identify those items
that are in conformance/nonconformance with the comprehensive plan, zoning ordinance, and the
provisions of these regulations.
(3) DEFINITIONS. For the purposes of these regulations, the following definitions
shall apply:
"Alternative Cellular Antenna Tower" means man-made trees, clock towers, bell towers,
steeples, light poles and similar alternative -design mounting structures that accommodate,
camouflage, minimize or conceal the presence of cellular antennas or cellular antenna
towers that are constructed primarily for the purpose of accommodating cellular antennas
or cellular antenna towers or are reconstructed for the purpose of accommodating cellular
antennas or cellular antenna towers. This does not include existing structures erected for
another primary purpose, but which subsequently have cellular antennas attached to or
located within them, without any reconstruction of the original structure. For the
provisions of these regulations, an alternative cellular antenna tower is considered a
cellular antenna tower.
"Antennas or Related Equipment" means transmitting, receiving, or other equipment used
to support cellular telecommunications service or personal communications service. This
definition does not include towers.
"Cellular Antenna Tower" means a tower constructed for, or an existing facility that has
been adapted for, the locations of transmission or related equipment to be used in the
provision of cellular telecommunications services or personal communications services.
"Cellular Telecommunications Service" means a retail telecommunications service that
uses radio signals transmitted through cell sites and mobile switching stations.
"Co -location" means locating two (2) or more transmission antennas or related equipment
on the same cellular antenna tower.
"Guyed Cellular Antenna Tower" means a type of wireless transmission tower that is
supported by thin guy wires.
"Lattice Cellular Antenna Tower" means a self-supporting tower with multiple legs and
i cross bracing of structural steel.
"Monopole Cellular Antenna Tower" means a slender self-supporting tower on which
wireless antennas can be placed.
"Personal Communication Service" has the meaning as defined in 47 U.S.C. sec. 332 (c).
"Planning Commission" means the Paducah Planning Commission.
"Uniform Application" means an application to construct a cellular antenna tower
submitted to a planning commission in conformity with KRS 100.985 through KRS
100.987.
"Utility" has the meaning as defined in KRS 278.010(3).
(4) GENERAL. Cellular antenna towers for cellular telecommunications services
or personal communications services may be allowed in any zone after a planning commission review in
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accordance with the following procedures to ascertain agreement with the adopted comprehensive plan
and the regulations contained within the zoning ordinance.
A. Applicability. Every utility, or a company that is engaged in the business of
providing the required infrastructure to a utility, that proposes to construct a
cellular antenna tower shall submit a completed uniform application to the
planning commission. Where the planning commission finds that circumstances
or conditions relating to the application of an alternative cellular antenna tower
are such that one or more of the requirements of the uniform application 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 said requirements unreasonable, the planning
commission, or its duly authorized representative, may modify or waive such
requirement of the uniform application, 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. The planning commission shall not regulate the placement of
antennas or related equipment on an existing structure.
B. Application Requirements. Applications for the construction of cellular
antenna towers for cellular telecommunications services or personal
communications services shall include the following:
1. The full name and address of the applicant.
2. The applicant's articles of incorporation, if applicable.
3. A geotechnical investigation report signed and sealed by a professional
engineer registered in Kentucky that includes boring logs and foundation
design recommendations.
4. A written report, prepared by a professional engineer or land surveyor,
of findings as to the proximity of the proposed site to flood hazard areas.
5. Clear directions to the proposed site, including highway numbers and
street names, if applicable, with the telephone number of the person who
prepared the directions.
6. The lease or sale agreement for the property on which the tower is
proposed to be located, except that, if the agreement has been filed in
abbreviated form with the County clerk, an applicant may file a copy of
the agreement as recorded by the County clerk and, if applicable, the
portion of the agreement that specifies, in the case of abandonment, a
method that the utility will follow in dismantling and removing the
proposed cellular antenna tower including a timetable for removal.
7. The identity and qualifications of each person directly responsible for
the design and construction of the proposed tower.
8. A site development plan, signed and sealed by a professional engineer or
surveyor licensed in Kentucky, that shows the proposed location of the
tower and all easements and existing structures within five hundred
(500) feet of the proposed site on the property on which the tower will
be located, and all easements and existing structures within two hundred
(200) feet of the access drive, including the intersection with the public
street system. Additionally the development plan shall show the
following
9. A survey, prepared by a surveyor licensed in Kentucky. The survey
shall be in accordance with all of the requirements of the Paducah
Subdivision Ordinance and KRS 100, that shows lease lines or property
line, which upon approval, shall be recorded.
10. A vertical profile sketch of the tower, signed and sealed by a
professional engineer registered in Kentucky, indicating the height of the
tower and the placement of all antennas.
11. The tower and foundation design plans and a description of the standard
according to which the tower was designed, signed, and sealed by a
professional engineer registered in Kentucky.
12. A map, drawn to a scale no less than one (1) inch equals two hundred
(200) feet, that identifies every structure and every owner of real estate
within five hundred (500) feet of the proposed tower.
13. A statement that every person who, according to the records of the
property valuation administrator, owns 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, has been:
a) Notified by certified mail, return receipt requested, of the
proposed construction which notice shall include a map of the
location of the proposed construction.
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b) Given the telephone number and address of the local planning
commission; and
C) Informed of his or her right to participate in the planning
commission's proceedings on the application.
14. A list of the property owners who received the notice, together with
copies of the certified letters sent to the listed property owners.
15. A statement that the Mayor of Paducah has been notified, in writing, of
the proposed construction and a copy of the notification.
16. A statement that the Paducah -McCracken County Barkley Regional
Airport has been notified, in writing, of the proposed construction and a
�. copy of the notification.
17. A statement that:
a) 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, has been posted in a visible location on
the proposed site; and
b) A written notice, 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, has been posted on the property nearest to
the public road.
18. A statement that notice of the location of the proposed construction has
been published in the Paducah Sun newspaper.
19. A brief description of the character of the general area in which the
tower is proposed to be constructed, which includes the existing land use
for the specific property involved.
20. A statement that the applicant has considered the likely effects of the
installation on nearby land uses and values and has concluded that there
is no more suitable location reasonably available from which adequate
service to the area can be provided, and that there is no reasonably
available opportunity to locate its antennas and related facilities on an
existing structure, including documentation of attempts to locate its
antennas and related facilities on an existing structure, if any, with
supporting radio frequency analysis, where applicable, and a statement
indicating that the applicant attempted to locate its antennas and related
facilities on a tower designed to host multiple wireless service providers'
facilities or on an existing structure, such as a telecommunications tower
or other suitable structure capable of supporting the applicant's antennas
and related facilities.
21. A map of the area in which the tower is proposed to be located, that is
drawn to scale, and that clearly depicts the necessary search area within
which an antenna tower should, pursuant to radio frequency
requirements, be located.
22. A grid map that shows the location of all existing cellular antenna towers
and that indicates the general position of proposed construction sites for
new cellular antenna towers within an area that includes:
a) All of City of Paducah; and
b) A one-half (1/2) mile area outside the boundaries of the City of
Paducah, if that area contains either existing or proposed
construction sites for cellular antenna towers.
C. Confidentiality of Application. 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 tower then being reviewed, shall
be deemed confidential and proprietary within the meaning of KRS 61.878. The
4 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 applications and any updates of the application can be
waived by the written authorization of the applicant.
D. Application Fee. An applicant for the construction of cellular antenna towers
for cellular telecommunications services or personal communications services
shall pay an application fee of $2,500.
•1•
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E. Processing of Application. Applications for the construction of cellular
antenna towers for cellular telecommunications services or personal
communications services shall be processed as follows:
1. 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 the Paducah Sun newspaper, provided that one (1)
publication occurs not less than seven (7) calendar days nor more than
twenty-one (2 1) calendar days before the occurrence of such hearing.
2. Notice of the proposed shall be posted on the site at least fourteen (14)
days in advance of the hearing. The 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 property nearest to the
public road. This notice shall consist of a written notice, of durable
material at least tow (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.
3. Notice of the hearing shall be given at lest 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. The 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 commissioner's proceedings on the
application. Records maintained by the property valuation administrator
may be relied upon conclusively to determine the identity and address of
said owner. In the event a property is in condominium of cooperative
forms of ownership, then the person notified by mail shall be the
president or chairperson of the owner group that administers 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 valuation administrator's records as having
the same address.
4. Upon holding the 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 if there is no written agreement between the planning
commission and the utility to a specific date of the planning commission
to issue a decision, it shall be presumed that the planning commission
has approved the utility's uniform application.
(5) DESIGN STANDARDS. The applicant shall provide information
demonstrating compliance with the requirements contained herein. Potential sites that should be
considered (in order from most -preferred to least -preferred) include existing utility towers, industrial
zones, commercial zones, and government buildings and properties. Where the planning 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 the surrounding
property or the public health, safety, and general welfare, and that such special conditions or
circumstances make one or more 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. Monopoles. Monopole cellular antenna towers shall be permitted in any zone.
Lattice and guyed cellular antenna towers shall be permitted in any zone except
for Residential zones.
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B.
Minimum Lot Size. Regardless of the minimum lot sizes listed in the specific
zoning districts, or the Paducah Subdivision Ordinance, the lot size may be the
minimum necessary to comply with the objectives and standards of this section.
C.
Setbacks. Setbacks for all structures constructed in connection with guyed or
lattice cellular antenna towers, except fences and/or guy wires, shall be a
minimum distance from the property line or lease line equal to at least one-half
(1/2) the height of the tower, but not less than fifty (50) feet. All structures
constructed in connection with monopole or alternative cellular antenna tower
shall comply with the applicable setback requirements established for other
structures within the applicable zoning district. Alternative cellular antenna
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.
D.
Height. 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 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 the criteria identified in Subsection 126-82(6).
E.
Construction Standards. The Cellular Antenna Tower shall be constructed in
compliance with the current ANSI/ELVTIA 222-F standard and other applicable
state standards.
F.
Illumination. Cellular antenna towers shall not be illuminated, except in
accordance with other state or federal regulations.
G.
Staffing. The site shall be un -staffed. 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.
H.
Fencing. Woven Wire or Chain Link (eighty (80) percent open) or solid fences
made from wood or other materials (less than fifty (50) percent open) shall be
used to enclose the site. Such fences shall not be less than four (4) feet an no
more than eight (8) feet in height, and may be located within the front, side, or
�.
rear yard.
I.
Screening. 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
fifteen (15) feet on center. The screening shall be placed in an area between the
property line, or lease line, and a ten (10) foot setback. Screening shall be
required when located in or adjacent to a residential zone.
M.
Surfacing. All driveways and off-street parking areas shall be paved with a
durable surface such as asphalt or concrete.
N.
Signs. There shall be no signs permitted, except those displaying emergency
information, owner contact information, warning or safety instructions, or signs
that are required by a federal, state, or local agency. Such signs shall not exceed
six (6) square feet in area.
O.
Number of Service Providers. All new cellular antenna towers shall be
designed and constructed to accommodate a minimum of three (3) service
providers.
P.
Lease Agreements. All option and site lease agreements shall not prohibit the
possibility of co -location, and in the case of abandonment, shall include a
method that the utility will follow in dismantling and removing the proposed
cellular antenna tower including a timetable for removal.
Q.
Other Approvals Required. Approval of the Federal Aviation Administration
(FAA) and the Kentucky Airport Zoning Commission (KAZC) or documentation
m.
where approval is not required shall be submitted prior to the issuance of a
building permit for the construction of the cellular antenna tower.
(6)
CRITERIA
A.
Approval or Disapproval of the proposal shall be based upon an evaluation of
the proposal's agreement with the comprehensive plan and zoning regulations.
1. The planning commission may require the applicant to make a
reasonable attempt to co -locate additional transmitting or related
equipment. The planning commission may provide the location of
existing cellular antenna towers on which the commission deems the
applicant can successfully co -locate its transmitting and related
equipment. If the planning commission requires the applicant to attempt
co -location, the applicant shall provide the planning commission with a
statement indicating that the applicant has:
a) Successfully attempted to co -locate on towers designed to host
multiple wireless service providers' facilities or existing
structures such as a telecommunications tower or another
suitable structure capable of supporting the applicant's facilities,
and that identifies the location of the tower or suitable structure
on which the applicant will co -locate its transmission and related
facilities; or
b) Unsuccessfully attempted to co -locate on towers designed to
host multiple wireless service provider's facilities or existing
structure such as a telecommunications tower or another suitable
structure capable of supporting the applicant's facilities and that:
1) Identifies the location of the towers or other structures
on which the applicant attempted to co -located; and
2) Lists the reasons why the co -location was unsuccessful
in each instance.
2. The planning commission may 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 or
existing towers or other structures.
3. The planning commission shall not regulate the placement of a cellular
antenna tower on the basis of the environmental effects of radio
frequency emissions to the extent that the proposed facility complies
with the regulations of the Federal Communications Commission
concerning radio frequency emissions.
(7) AMENDMENTS. Any amendments to plans, except for minor adjustments as
determined by the planning commission, or it duly authorized representative, shall be made in accordance
with the procedure required by Subsection 5, subject to the same limitations and requirements as those
under which such plans were originally approved.
SECTION 2. That if any section, paragraph or provision of this ordinance shall be found
to be inoperative, ineffective or invalid for any cause, the deficiency or invalidity of such section,
paragraph or provision shall not affect any other section, paragraph or provision hereof, it being the
purpose and intent of this ordinance to make each and every section, paragraph, an provision hereof
separable from all other sections, paragraphs and provisions.
SECTION 3. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
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/(Ma:�f Pro Tee;
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ATTEST:
Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners, October 28, 2003
Adopted by the Board of Commissioners November 11, 2003
Recorded by Tammara S. Brock, City Clerk, November 11, 2003
Published by The Paducah Sun, November 17, 2003
\ord\plan\zone\126-82 cell tower