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Ordinance 10-2020ORDINANCE 10-2020 AN ORDINANCE ESTABLISHING REGULATIONS FOR CELLULAR ANTENNA TOWERS AND SMALL CELL TOWERS IN HOPKINSVILLE, KENTUCKY SUMMARY By summary, a new section of Chapter 158 of the Hopkinsville Code of Ordinances is enacted as follows: SECTION ONE GENERAL PROVISIONS This section contains general provisions regarding the purpose, title, authorization, applicability, jurisdiction, relationship to local zoning and building code, burden of proof, confidentiality, and non -tower system locations. This section also contains definitions of terms used in the ordinance, including: antennas or related equipment, applicant, application, base station, cellular antenna tower, cellular telecommunications services, co -location, monopole, non -tower wireless communication facilities, personal communication services, planning commission, right-of-way, small cell system, small cell tower, staff, stealth technology, transmission equipment, uniform application, utility, overhead utility, utility pole, underground utility, and wireless communications facility. Pursuant to KRS 83A.060, Section 1.14 is set forth in its entirety as follows: SECTION 1.14 FEE STRUCTURE. For the purposes of these regulations, the following fees shall apply. Cellular Antenna Towers (excluding small cell towers). An application for the construction of cellular antenna towers for cellular telecommunications services or personal communications services shall pay an application fee of $2,500.00. Small Cell Towers (1) The application fee is $500 for up to five Antennas which are placed on existing Utility Poles. For each additional Antenna placed on existing Utility Poles beyond the five, there is an additional fee of $100 per Antenna. (2) The application fee is $1,000 for each new Small Cellular Tower which supports an Antenna. SECTION TWO CELLULAR ANTENNA TOWERS (Excluding Small Cell Towers) SECTION 2.0 PRE -APPLICATION CONFERENCE: This section sets forth the requirements for a pre -application conference. SECTION 2.1 UNIFORM APPLICATION REQUIREMENTS: Applications for the construction of a Cellular Antenna Tower for Cellular Telecommunication Services or Ordinance 10-2020 Summary Page 1 of 3 Prepared by City Attorney Personal Wireless Services shall include all information specified in KRS 100.985 — 100.987. SECTION 2.2 ADDITIONAL INFORMATION: This section sets forth the additional information to be provided by Applicants prior to the required pre -application conference. SECTION 2.3 REVIEW PROCEDURE FOR APPLICATIONS: Applications for Cellular Antenna Towers shall be reviewed by the Planning Commission in accordance with the Uniform Application Requirements as outlined in KRS 100.985 — 100.987. SECTION 2.4 DESIGN STANDARDS: This section sets forth the minimum design standards for Cellular Antenna Towers and also sets forth a procedure by which the Planning Commission may allow for non -dimensional waivers under limited circumstances. SECTION 2.5 EVALUATION CRITERIA: This section sets forth the evaluation criteria to be used in considering an Application. SECTION THREE SMALL CELL TOWERS SECTION 3.0 PRE -APPLICATION CONFERENCE: This section sets forth the requirements for a pre -application conference. SECTION 3.1 APPLICATION SUBMITTAL: This section sets forth the procedure for submitting applications for proposed small cell tower systems, which shall be subject to administrative review and approval by Staff. Proposed Small Cell Systems located on private property shall be required to receive a Conditional Use Permit and if the height of the proposed structure exceeds the allowable height in the zoning district, a Dimensional Variance, from the Board of Zoning Adjustment. Prior to making an Application for a Small Cell System Tower in the rights -of -way, Applicant must first obtain a franchise. SECTION 3.2 REQUESTED APPLICATION INFORMATION: Applicants for the construction of Small Cell Systems for Cellular Telecommunications Services or Personal Communications Services may choose to provide either the Uniform Application per KRS 100.9865 or in lieu of the Uniform Application, the information set forth in this section. SECTION 3.3 PROCESSING OF APPLICATION: This section sets forth the procedure for review of applications and provides that staff shall approve, approve with conditions, or deny the Application within 60 days. This section further sets forth the appeals procedure to the Planning Commission and the Christian County Circuit Court. Ordinance 10-2020 Summary Page 2 of 3 Prepared by City Attorney SECTION 3.4 SMALL CELL TOWER LOCATION AND DESIGN REGULATIONS: This section sets forth the design criteria for new Small Cell Systems in residential and non- residential zones and establishes evaluation criteria. SECTION FOUR CHAPTER 158, APPENDIX A The Schedule of Uses as set forth on Appendix A to Chapter 158 of the Hopkinsville Code of Ordinances is amended as set forth on Exhibit A, attached and incorporated therein by reference. The full text of this Ordinance is on file in the office of the undersigned City Clerk of the City of Hopkinsville at 715 South Virginia Street, Hopkinsville, Kentucky, where it is available for public inspection between the hours of 8:00 a.m. to 4:30 p.m., Monday through Friday. ORDINANCE 10-2020 SUMMARY AN ORDINANCE ESTABLISHING REGULATIONS FOR CELLULAR ANTENNA TOWERS AND SMALL CELL TOWERS IN HOPKINSVILLE, KENTUCKY PUBLICLY READ AND PASSED FIRST TIME:1U 5R aC PUBLICLY READ AND PASSED SECOND TIME: . MOO I APPROVED: Wendell A. Lync Mayor ATTEST: Christine M. Fle ch r, MMC City Clerk I, H. Douglas Willen, hereby certify I am an Attorney licensed to practice law in the Commonwealth of Kentucky, my office is located at 317 West Ninth Street, Hopkinsville, Kentucky 42240. 1 further certify the foregoing Summary of Ordinance 10-2020, of the City of Hopkinsville, Kentucky, was prepared in accordance with the requirements of KRS 83A.060(9), and is a true and accurate summary of the contents of said Ordinance. Ordinancei0:2020-- 4U�L�_ was published in the Kentucky New Era H ouglas Willen As Certified By Ordinance 10-2020 Summary Page 3 of 3 Prepared by City Attorney ORDINANCE 10-2020 AN ORDINANCE ESTABLISHING REGULATIONS FOR CELLULAR ANTENNA TOWERS AND SMALL CELL TOWERS IN HOPKINSVILLE, KENTUCKY WHEREAS, Community and Development Services, at a special called session on December 16, 2019 voted to favorably recommend Hopkinsville City Council approval of a zoning text amendment; and WHEREAS, said amendment adds new sections to the Hopkinsville Zoning Code (Chapter 158) to address cellular tower placements and amends Appendix A to Chapter 158 (Schedule of Uses); and WHEREAS, the Committee of the Whole made a favorable recommendation at their April 23, 2020 meeting to adopt this ordinance. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HOPKINSVILLE, KENTUCKY, AS FOLLOWS: SECTION ONE GENERAL PROVISIONS SECTION 1.0 PURPOSE: These regulations balance the need for new Cellular Antenna Towers with the impacts new towers have on adjacent land uses; provide for the safest and most efficient integration of cellular antenna facilities for Cellular Telecommunications Services or Personal Communications Services within the community; provide for these facilities in coordination with the recommendations of the Hopkinsville-Christian County Comprehensive Plan; and, to further the public health, safety, and general welfare of the City of Hopkinsville. SECTION 1.1 TITLE: These regulations shall be known as the Regulations for Cellular Antenna Towers and Small Cell System Towers in Hopkinsville and may be referred to as "these regulations." SECTION 1.2 AUTHORIZATION: These regulations are adopted pursuant to authority granted to planning commissions in the Commonwealth of Kentucky by Kentucky Revised Statutes (KRS) 100.985 — 100.987. SECTION 1.3 CITATIONS OF KENTUCKY REVISED STATUTES: Whenever a provision of these regulations cites a provision of the Kentucky Revised Statutes (KRS), and that provision is later amended or superseded, these regulations shall be deemed amended to refer to the amended provision, or to the provision that most closely corresponds to the superseded provision. SECTION 1.4 APPLICABILITY: These regulations apply to every Utility or company that is engaged in the business of providing the required infrastructure to a Utility that proposes to construct an antenna tower for Cellular Telecommunications Services or Personal Communications Services. Ordinance 10-2020 Page 1 of 17 Prepared by CDS; Edited by City Attorney SECTION 1.5 JURISDICTION: These regulations shall be effective throughout the City of Hopkinsville, KY. SECTION 1.6 RELATIONSHIP TO LOCAL ZONING: These regulations are not intended to supersede in any way the requirements of the Hopkinsville Code of Ordinances including, where applicable, any requirement for a Conditional Use Permit or Dimensional Variance issued by the Board of Zoning Adjustment. SECTION 1.7 RELATIONSHIP TO MANDATORY BUILDING CODE: These regulations are not intended to supersede in any way the requirements of the mandatory statewide Kentucky Building Code. SECTION 1.8 STATEMENT OF SEVERABILITY: It is the intention of the City of Hopkinsville that the articles, sections, subsections, sentences, clauses, and phrases of these regulations are severable. If any article, section, subsection, sentence, clause, or phrase is declared unconstitutional, or otherwise invalid by a court of competent jurisdiction in a valid judgment or decree, that unconstitutionality or invalidity shall not affect the remaining articles, sections, subsections, sentences, clauses, and phrases. These would have been adopted without the incorporation into these regulations of the unconstitutional article, section, subsection, sentence, clause, or phrase. SECTION 1.9 STATUS AS MINIMUM STANDARDS: In their interpretation and application, these regulations shall be viewed as minimum standards or requirements, adopted for promotion of the public health, safety, and general welfare. Whenever these regulations conflict with a requirement of any other lawfully -adopted rule, regulation, ordinance, order, or resolution, the most restrictive or that imposing the higher standards shall govern. SECTION 1.10 COMPLIANCE REQUIRED: Except as hereinafter specified, no Cellular Antenna Tower or Small Cell System Tower shall hereafter be placed or constructed except in conformity with these regulations. SECTION 1.11 USE OF GRAPHICS, ILLUSTRATIONS, AND FIGURES: Where a conflict may occur between the text and any graphic, illustration, or figure, the text shall control. SECTION 1.12 BURDEN OF PROOF: The burden of demonstrating that an Application subject to these regulations complies with applicable review and approval standards is on the Applicant. The burden is not on the Staff, the Planning Commission, or other parties to show that the standards have been met by the Applicant or person responsible for the development. SECTION 1.13 DEFINITIONS: In addition to the definitions as stated in §158.002 of the Hopkinsville Code of Ordinances, the following definitions shall apply. ANTENNAS OR RELATED EQUIPMENT: Any transmitting, receiving or other equipment used in conjunction with a Wireless Communications Facility. The Ordinance 10-2020 Page 2 of 17 Prepared by CDS; Edited by City Attorney term includes Utility or Transmission Equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters, or similar equipment. This definition does not include Cellular Antenna Towers. APPLICANT: An Applicant is a person or the entity who is authorized by the provisions of these regulations to file for approval under these regulations. APPLICATION: An Application is the completed form or forms and all accompanying documents, exhibits, and fees required of an Applicant by Staff or the Planning Commission part of a submission for review. BASE STATION: A structure or equipment at a fixed location that enables Federal Communications Commission -licensed or authorized wireless communication between user equipment and a communication network. The term does not include a Cellular Antenna Tower as defined in this section or any equipment associated with a tower. The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. A. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Small Cell Systems). B. The term includes any structure other than a tower that, at the time the required Application is filed with the Planning Commission under this subsection, supports or houses equipment described in sub -paragraph (A) of this definition that has been reviewed and approved under the applicable zoning or siting process even if the structure was not built for the sole or primary purpose of providing such support. C. The term does not include any structure that, at the time the required Application is filed with the Planning Commission under this definition, does not support or house equipment described in this definition. 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 Communication Services. CELLULAR TELECOMMUNICATIONS SERVICES: 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. Ordinance 10-2020 Page 3 of 17 Prepared by CDS; Edited by City Attorney MONOPOLE: A tower that consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications antennas and connected appurtenances. NON -TOWER WIRELESS COMMUNICATION FACILITIES: Wireless communications facilities other than tower -based wireless communications that are located on buildings, Utility Poles as defined by this section, and other existing structures. PERSONAL COMMUNICATION SERVICES: Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services as defined in 47 U.S.C. sec. 332(c). PLANNING COMMISSION: The term "Planning Commission" shall mean the Hopkinsville-Christian County Planning Commission dba Community and Development Services. RIGHT-OF-WAY: Has the meaning as defined in § 99.03 of the Hopkinsville Code of Ordinances. SMALL CELL SYSTEM: A network of remote antenna nodes that distributes radio frequency signals from a central hub through a high capacity signal transport medium to a specific area. The term includes mini commercial towers, small cells, distributed antenna systems, mini cell, or similar systems. SMALL CELL TOWER: Any Structure under fifty (50) feet in overall height with an antenna or transmitter that is constructed for the sole or primary purpose of supporting any Federal Communications Commission -licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. A pole originally installed for the primary purpose of supporting wireless telecommunications equipment, regardless of the timeframe between pole installation and connection/implementation of Transmission Equipment, is considered a Small Cell Tower, and is not a Utility Pole. The term Small Cell Tower includes mini cell towers, distributed antenna system towers, micro cell towers, mini cell, Wi-Fi antennas, or similar systems. STAFF: Those employees of the Planning Commission assigned to support and/or administer the powers and duties prescribed to the Planning Commission. STEALTH TECHNOLOGY: State-of-the-art design techniques used to camouflage and blend objects into the surrounding environment and to minimize visual impact. These design techniques may be applied to wireless communications towers, antennas, and other facilities, which blend the proposed facility into the existing structure or visual backdrop in such a manner as to Ordinance 10-2020 Page 4 of 17 Prepared by CDS; Edited by City Attorney render it less visible to the casual observer. Such methods include, but are not limited to: 1. Facilities constructed to resemble light poles, flag poles or other streetscape amenities; 2. The use of additional features such as flags, decorative streetlamps and banners or signs may be utilized to blend the proposed facility into the visual backdrop; 3. Placement within a part of an existing structure; or 4. Facilities constructed in such a way that the facilities appear to be part of existing structures. TRANSMISSION EQUIPMENT: Equipment that facilitates transmission for any Federal Communications Commission -licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wirelesses services such as microwave backhaul. UNIFORM APPLICATION: An Application to construct a Cellular Antenna Tower submitted to a planning commission in accordance with KRS Chapter 100 and these regulations. UTILITY: Has the meaning as defined in KRS 278.010(3). UTILITY, OVERHEAD: Utility infrastructure that is located primarily above ground as determined by Staff. For purposes of these regulations, Overhead Utilities include but are not limited to power lines and communications lines. UTILITY POLE: A structure originally constructed for the support of electrical, telephone, cable television or other video services, street lighting, or other similar cables and located within the public right of way or Utility easements. A pole originally installed for the primary purpose of supporting wireless telecommunications equipment, regardless of the timeframe between pole installation and connection/implementation of Transmission Equipment, is considered a Small Cell Tower, and is not a Utility Pole. UTILITY, UNDERGROUND: Utility infrastructure that is located primarily underground as determined by Staff. For purposes of these regulations, utilities include but are not limited to water lines, sanitary sewer lines, storm sewer lines, culverts, natural gas lines, power lines, cable television lines and communications lines. This definition does not include electric transformers, switch boxes, telephone pedestals and telephone boxes, traffic boxes, and similar devices which are ground mounted. Ordinance 10-2020 Page 5 of 17 Prepared by CDS; Edited by City Attorney WIRELESS COMMUNICATIONS FACILITY: The set of equipment and network components including antennas, transmitters, receivers, Base Stations, cabling, and Antenna or Related Equipment, used to provide wireless data and telecommunication services. 1.14 FEE STRUCTURE: For the purposes of these regulations, the following fees shall apply. Cellular Antenna Towers (excluding small cell towers). An application for the construction of cellular antenna towers for cellular telecommunications services or personal communications services shall pay an application fee of $2,500.00. Small Cell Towers (1) The application fee is $500 for up to five Antennas which are placed on existing Utility Poles. For each additional Antenna placed on existing Utility Poles beyond the five, there is an additional fee of $100 per Antenna. (2) The application fee is $1,000 for each new Small Cellular Tower which supports an Antenna. 1.15 CONFIDENTIALTY AS REQUIRED BY KRS: 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 Antenna Tower then being reviewed shall be deemed confidential and proprietary within the meaning of KRS 61.878. The 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. 1.16 NON -TOWER CELL SYSTEM LOCATIONS: No administrative review by Staff is required for antennas locating on existing telecommunications structures, water towers, buildings, Utility Poles (as defined by this regulation) or other existing structures. These non -tower locations must adhere to all other applicable federal, state, and local zoning codes, including but not limited to the Hopkinsville Code of Ordinances and applicable building codes. SECTION TWO CELLULAR ANTENNA TOWERS (Excluding Small Cell Towers) SECTION 2.0 PRE -APPLICATION CONFERENCE: Applicants must contact Staff and request a pre -application conference. This meeting will allow for early coordination, by identifying existing structures that might be suitable for collocation and identifying any other items which are in conformance/nonconformance with the Comprehensive Plan, the Hopkinsville Code of Ordinances, and/or the provisions of these regulations. The meeting will provide an opportunity for an initial discussion regarding proposed structure locations, design and the Application submittal, and approval process. Applicants shall supply the Provider's preferred location, base elevation, search ring, structure design Ordinance 10-2020 Page 6 of 17 Prepared by CDS; Edited by City Attorney style and structure height one week prior to the meeting with Staff and submitting an Application under these regulations. SECTION 2.1 UNIFORM APPLICATION REQUIREMENTS: Applications for the construction of a Cellular Antenna Tower for Cellular Telecommunication Services or Personal Wireless Services shall include all information specified in KRS 100.985 — 100.987. SECTION 2.2 ADDITIONAL INFORMATION: In addition to the Uniform Application requirements specified in KRS 100.985 — 100.987, Applicants for a Cellular Antenna Tower should submit the following information to Staff prior to the required pre - application conference to assure a quick and judicious review of the submittal. A. A statement demonstrating that the proposal is in agreement with the Comprehensive Plan, and that the Applicant has attempted to Co -locate the proposed facility on an existing approved tower or facility or locate on sites that might be in better conformance with the adopted Comprehensive Plan, and that: 1. Identifies the location of the sites attempted to locate; and 2. Lists the reasons why the Co -Location or locating on the alternative sites was unsuccessful in each instance. B. A development site plan, signed and sealed by a professional engineer registered in Kentucky, drawn to a scale not smaller than one (1) inch equals one hundred (100) feet, showing the following information, where applicable. The Staff may waive the submission of such data involving detailed engineering study until such time as the Application has been approved. 1. The total area of the site in question. 2. All Rights -of -Way and easement lines located on or adjacent to the subject property which are proposed to be continued, created, enlarged, relocated, or abandoned. 3. Existing topography, and approximate delineation of any topographical changes shown by contour with intervals not to exceed five (5) feet. 4. Location, height, arrangement, and identification of all nonresidential buildings, structures, and uses on the subject property and, where applicable, location and arrangement of all lots with lot dimensions. 5. A circle drawn on the site plan showing the setback distance requirement. 6. Landscaping features, including identification of planting areas and the location, type, and height of walls and fences. 7. Location of signs, indicating their orientation, size, and height. Ordinance 10-2020 Page 7 of 17 Prepared by CDS; Edited by City Attorney 8. All electric Utility lines and easements. 9. Locations of all off-street parking, loading and/or unloading, and driveway areas, including typical cross sections, the type of surfacing, dimensions, and the number and arrangement of off- street parking and loading and/or unloading spaces. SECTION 2.3 REVIEW PROCEDURE FOR APPLICATIONS: Applications for Cellular Antenna Towers shall be reviewed by the Planning Commission in accordance with the Uniform Application Requirements as outlined in KRS 100.985 — 100.987. SECTION 2.4 DESIGN STANDARDS: At the time of Application submittal, 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 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 requirements unreasonable, the Planning Commission may modify or waive such requirement, either permanently or on a temporary basis. Any modification or waiver, along with justification for each, shall be requested in writing by the Applicant. A. All Cellular Antenna Towers shall be constructed as a Monopole structure, unless Stealth Technology is used, or unless a waiver is granted. B. All cables and wires shall be installed inside the Monopole structure. C. Unless required by state and/or federal regulations, all Cellular Antenna Towers shall be uniform grey or black in color. D. All structures, except fences, shall be located a minimum distance from the property line or lease line of any adjoining property that is equal to one-half (1/2) the height of the tower, but not less than fifty (50) feet. E. A Cellular Antenna Tower, or alternative antenna tower structure, shall not exceed the maximum height requirements listed in the specific zoning district. This also applies to any tower taller than ten (10) 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. Antennas proposed above the maximum height requirements listed in the specific zoning district may request a Dimensional Variance issued by the Board of Zoning Adjustment. F. Cellular Antenna Towers shall not be illuminated, except in accordance with state or federal regulations. G. The site shall be unstaffed. 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. Ordinance 10-2020 Page 8 of 17 Prepared by CDS; Edited by City Attorney H. 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 be eight (8) feet in height. Fencing enclosure shall be set back no less than 40' from the public right-of-way. 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 fifteen (15) feet on center. The screening shall be placed in a ten foot perimeter area surrounding the compound. J. Any site to be purchased or leased for the installation of a Cellular Antenna Tower, or alternative antenna tower, and ancillary facilities, shall be at least two thousand five hundred (2,500) square feet in area, unless located on a preexisting structure such as a building, water tank, etc. K. Surfacing of all driveways and off-street parking areas shall comply with the requirements of the Hopkinsville Code of Ordinances. 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 (5) total square feet in area. M. All new Cellular Antenna Towers shall be designed and constructed to accommodate a minimum of three (3) additional service Providers. N. All option and site lease agreements shall not prohibit the possibility of co - location. O. Cell towers locating in a residential zone shall be located on a lot in a location that would have the least impact on the natural setting and adjacent properties and in a location most compatible with surrounding properties. The Planning Commission shall have the authority to approve a proposed cell tower only at a different location on the same property if it determines an alternative location is more appropriate. P. A cell tower in a residential district must employ the use of Stealth Technology in the form of an alternative tower structure such as a flagpole, light pole, or steeple so that it is compatible with the natural setting and surrounding structures as determined by the Planning Commission. Q. This subsection sets forth a procedure by which the Planning Commission may allow for non -dimensional waivers in this section. The purpose is to allow some flexibility in dealing with unique issues that are outlined in Subsection 4 below. 1. An application requesting a waiver, and any additional documentation necessary to meet the requirements of this section shall be submitted for review. Ordinance 10-2020 Page 9 of 17 Prepared by CDS; Edited by City Attorney 2. The Planning Commission shall hold at least one public hearing after giving notice as according to KRS 424 for the purposes of reviewing the requested waiver. 3. After the public hearing, the Planning Commission may approve, approve with conditions, or disapprove the requested waiver. 4. The Planning Commission may grant a waiver to these regulations balanced against the public interest, providing the Planning Commission finds that the waiver will not be detrimental to the public interest and that the jurisdiction where the proposed small cell tower is to be located approves the waiver, and at least one of the following criteria apply: a. That strict compliance with these regulations will create a hardship or unsafe situation in the face of unusual conditions. b. That granting the waiver creates a situation more in keeping with unique character within the general vicinity. c. That the requested waiver better meets the objectives of these regulations. d. That granting the waiver creates a safer situation than strict compliance with these regulations. SECTION 2.5 EVALUATION CRITERIA: Evaluation of the proposal shall be based upon the following criteria. A. Agreement with the various elements of the adopted Comprehensive Plan, and where applicable, any other adopted plan. B. The extent to which the proposal is consistent with the purposes of these regulations. C. The adequacy of the proposed site, considering such factors as the sufficiency of the size of the site to comply with the established criteria, the configuration of the site, and the extent to which the site is formed by logical boundaries (e.g., topography, natural features, streets, relationship of adjacent uses, etc.). D. The extent to which the proposal responds to the impact of the proposed development on adjacent land uses, especially in terms of visual impact. E. The extent to which the proposed Cellular Antenna Tower is camouflaged (i.e., using Stealth Technology). F. The extent to which the proposed facility is integrated with existing structures (i.e., buildings, signs). SECTION THREE Ordinance 10-2020 Page 10 of 17 Prepared by CDS; Edited by City Attorney SMALL CELL TOWERS SECTION 3.0 PRE -APPLICATION CONFERENCE: Applicants must contact Staff and request a pre -application conference. Upon receipt of this request, Staff will set up the meeting which shall include Staff, the Applicant, any applicable Utility providers, the City of Hopkinsville, and the owner of the right of way or property on which the Small Cell System is proposed to be installed. This meeting will allow for early coordination by identifying existing structures that might be suitable for collocation and identifying any other items which are in conformance/nonconformance with the Comprehensive Plan, the Hopkinsville Code of Ordinances, and/or the provisions of these regulations. The meeting will provide an opportunity for an initial discussion regarding proposed structure locations, design and the Application submittal, and approval process. Coordination with utilities for possible use of pre-existing structures will be required. Applicants should supply the Provider's preferred locations, structure design style and structure height one week prior to the pre -application meeting and submitting an Application under these regulations. SECTION 3.1 APPLICATION SUBMITTAL: Except proposed small tower systems exempted by Section 1.17, applications for proposed small cell tower systems shall be submitted as follows: A. All proposed Small Cell Systems, shall be subject to administrative review and approval by Staff. 1. Proposed Small Cell Systems located on private property shall be required to receive a Conditional Use Permit and if the height of the proposed structure exceeds the allowable height in the zoning district, a Dimensional Variance, from the Board of Zoning Adjustment. 2. Prior to making an Application for a Small Cell System Tower in the rights - of -way, Applicant must first obtain a franchise. B. The factual determination approving or rejecting such plans shall be made in accordance with requirements of this and other applicable sections of the Hopkinsville Code of Ordinances and the Comprehensive Plan. C. One Application for multiple proposed towers within the same Small Cell System is encouraged whenever possible. SECTION 3.2 REQUESTED APPLICATION INFORMATION: Applicants for the construction of Small Cell Systems for Cellular Telecommunications Services or Personal Communications Services may choose to provide either the Uniform Application per KRS.100.9865 or in lieu of the Uniform Application, the following information should be submitted: A. A written description and map showing the coverage area of the provider's existing facilities in the general and site -specific areas that are the subject of the Application. Ordinance 10-2020 Page 11 of 17 Prepared by CDS; Edited by City Attorney B. A statement of the telecommunications objectives for the proposed location, whether the proposed facility is necessary to prevent or fill a gap capacity shortfall, expand or provide new coverage, or to deploy new technology in the Applicant or provider's service area, whether it is the least obtrusive means of doing so, and whether there are any alternative sites that would have fewer aesthetic impacts while providing comparable service. C. A statement by an authorized representative that the Applicant or provider holds all applicable licenses or other approvals required by the Federal Communications Commission, the Kentucky Public Service Commission, and any other agency of state or federal government with authority to regulate telecommunications facilities that are required in order for the Applicant to construct the proposed facility. D. A statement by an authorized representative that the Applicant or provider is in compliance with all conditions required for such license and approvals. E. A full description of the number and dimensions of all Small Cell Towers proposed to be installed. F. A site development plan, signed and sealed by a professional engineer registered in Kentucky, showing the proposed location of the tower and existing structures within five hundred (500) feet of the proposed site. G. A vertical profile sketch or drawing of the towers, signed and sealed by a professional engineer registered in Kentucky, indicating the height of the tower and the placement of all antennas and equipment enclosures. H. A statement indicating the individual who is the authorized agent and their preferred email and mailing address to receive communications under the application. I. Photographs of view shed from each proposed tower location, taken in at least four directions. J. Description of whether other Overhead Utilities exist within five hundred (500) feet of the proposed antenna location. SECTION 3.3 PROCESSING OF APPLICATION: A. Applications will be reviewed for substance only when they meet all submittal requirements. If applications are not complete, staff must notify the applicant within ten (10) days from the submission of the application stating the application is incomplete and identifying the missing materials, which must be submitted in order to complete the application. No further review of the application will take place until the application is complete. If the resubmitted materials are not complete, staff must notify the applicant within ten (10) days from the submission of the application stating the application is incomplete and identifying the missing Ordinance 10-2020 Page 12 of 17 Prepared by CDS; Edited by City Attorney materials, which must be submitted in order to complete the application. No further review of the application will take place until the application is complete. B. Staff shall review and take final action on Applications for new Small Cell Systems within sixty (60) days of a completed Application, commencing from the date that the complete application is submitted to the Planning Commission. Staff shall notify the applicant once the application is deemed complete and provide the deadline for the Staff review period. Staff shall either approve, approve with conditions, or deny the Application. If Staff does not make a final decision within the required sixty (60) days, the Application shall be deemed to be approved as submitted. C. An applicant claiming to be injuriously affected or aggrieved by an official action, order, requirement, interpretation, grant, refusal, or decision of Staff in the administration of these regulations may appeal the action to the Planning Commission. Such appeal must be taken within thirty (30) consecutive calendar days of the final action by Staff. The appeal shall be filed with Staff along with an appeal fee of five hundred dollars ($500). Staff will fix a reasonable time for hearing the appeal and give public notice in accordance with KRS Chapter 424, as well as written notice to the appellant, the jurisdiction where the proposed Small Cell System is located, and the owner of Right -of -Way or property (if different from the jurisdiction) at least one (1) calendar week prior to the hearing. An applicant claiming to be injured or aggrieved by any final action of the Planning Commission shall appeal from the final action to the Christian County Circuit Court. Such appeal shall be taken within thirty (30) days after such action. D. In addition to Planning Commission approval, separate applicable building, zoning, and electrical permits, and permission from the City of Hopkinsville, Right -of -Way or property owner are required prior to the beginning of construction. SECTION 3.4 SMALL CELL TOWER LOCATION AND DESIGN REGULATIONS: A new Small Cell System is subject to design review and approval by Staff. The design criteria required for the new Small Cell Systems is determined by the type of location or zoning district in which the facility is to be located. A. NEW SMALL CELL SYSTEM TOWER LOCATIONS IN ALL ZONING DISTRICTS: The regulations in this subsection apply to all new Small Cell System Towers. 1. Temporary, mobile or wheeled cellular antenna towers to provide short term, high volume telecommunications services to a specific location are required to receive a temporary structure permit prior to siting of the equipment. In the case of temporary cellular antenna tower placements Ordinance 10-2020 Page 13 of 17 Prepared by CDS; Edited by City Attorney that have a duration not to exceed 15 days, the Staff may provide an expedited review of the proposed placement. 2. New Small Cell Towers shall not exceed the maximum building height for the zoning district within which they are located. A height that is in excess of what is permitted within the zoning district may be approved through the granting of a Dimensional Variance by the Board of Zoning Adjustment. 3. New Small Cell Towers shall be designed and constructed to accommodate a minimum of two (2) service providers. 4. New Small Cell Towers may be located on public or private nonresidential land or within a public Right -of -Way provided it does not interfere with other utilities, functionality of sidewalks, visibility, or other matters of public safety. 5. New Small Cell Towers shall not be illuminated, except in accord with state or federal regulations, or unless illumination is integral to the Stealth Technology, such as a design intended to look like a streetlight pole. 6. New Small Cell Towers shall not include advertisements and may only display information required by a federal agency, state agency, or the City of Hopkinsville. Such display shall not exceed one (1) square foot in area, unless required by state or federal regulations, or unless a larger display is integral to the Stealth Technology. Such display shall not exceed the width of the pole, unless a wider sign is integral to the Stealth Technology such as a design which integrates a decorative banner. 7. If a new Small Cell Tower is located in an area with primarily Underground Utilities, or where no adjacent Overhead Utility lines exist, it shall not utilize Overhead Utility lines. B. NEW SMALL CELL SYSTEM TOWER LOCATIONS IN RESIDENTIAL ZONES: The regulations in this subsection apply to Small Cell Towers to be located within, or immediately adjacent to, residential zoning districts as defined in Article III, Section 3.4., D., (1). 1. Facilities in residential areas are strongly encouraged to be Non -Tower Wireless Communication Facilities, which are exempt from these regulations per Article III, Section 3.4, A. 2. New Small Cell Towers and Antenna or Related Equipment shall be camouflaged by Stealth Technology. Examples of appropriate Stealth Technology for residential areas includes, at a minimum, towers with all cables, wires, Transmission Equipment, electric meters, power equipment, etc. installed inside the Small Cell Tower. Other types of stealth Ordinance 10-2020 Page 14 of 17 Prepared by CDS; Edited by City Attorney technology or other methods which will reduce the visual impact may be approved by Staff. 3. All poles and antennas shall be uniform grey or black in color, unless another color is integral to the Stealth Technology as approved by Staff. 4. The use of cooling fans is discouraged. When needed, fans with lower noise profiles must be used. 5. New Small Cell Towers should avoid areas without Overhead Utilities. If a Small Cell Tower is located in an area with primarily Underground Utilities it must adhere to Stealth Technology that incorporates the telecommunications equipment into a streetscape amenity such as a decorative lamp post, streetlight or other approved design. In areas with Overhead Utilities, cylindrical antennas are required. 6. In residential areas, a Small Cell Tower shall not be located closer than the height of the proposed tower to an existing or proposed residential structure, or no closer than thirty-five (35) feet, whichever is greater. 7. Efforts should be made to locate new Small Cell Towers in the yard location where other Overhead Utilities are located. 8. New Small Cell Towers within residential areas should be located to avoid obstructing the view of building facades by placing the tower at a corner, intersection or along a lot line. 9. New Small Cell Towers shall not be located within five hundred (500) feet of an existing Small Cell System Tower. Multiple carriers are permitted and encouraged to locate on one tower, where possible. 10. Reasonable efforts shall be made to locate new Small Cell Towers in the order of hierarchy below, based on the following functional roadway classification from the most to least preferred: a. Interstate b. Arterial c. Collector d. Local C. NEW SMALL CELL SYSTEM TOWER LOCATIONS IN NON-RESIDENTIAL ZONES: The regulations in this subsection apply to towers to be located within non-residential zoning districts. 1. In instances where a facility is proposed to be constructed in the right of way within one hundred (100) feet of a residential zone or use, even if the Ordinance 10-2020 Page 15 of 17 Prepared by CDS; Edited by City Attorney antenna's physical location is within a non-residential zone, regulations in subsection 3.4, C., shall be followed. 2. Antennas in commercial, institutional, or park areas are encouraged to be installed as Non -Tower Wireless Communication Facilities, which are exempt from this regulation per Article III, Section 3.4, A. 3. Reasonable effort shall be given to locate new equipment based upon the following hierarchy of zones and land uses from the most to least preferred: a. Co -locate on an existing structure whenever possible, which is exempt from these regulations, per Section 3.4, A. b. Institutional. c. Industrial. d. Commercial. e. Public parks. f. Agricultural. 4. Equipment cabinets/shrouds/enclosures not integrated into a pole or mounted on a cable strand may not exceed seven (7) cubic feet in volume, 24" in width, 12" in depth, and should be mounted directly behind any road signs located on a pole. Equipment cabinets and associated components should not block any road signs. The design of non- integrated equipment cabinets/shrouds should be slim in profile to match the pole. Ground mounted equipment boxes should be screened from view with shrubs or other appropriate screening as approved by Staff. 5. Shrouds, risers, and conduits shall be used to reduce the appearance of external cabling. 6. All poles, antennas, brackets, cabling, risers, shrouds, and conduits shall be uniform grey or black in color, or other color as approved by Staff. 7. Cylindrical antennas shall be required, unless another antenna style is integral to the Stealth Technology as approved by Staff. 8. There shall be no more than a four (4) inch offset between the pole and pole mounted equipment enclosures. SECTION 3.5 EVALUATION CRITERIA: Evaluation of the proposal shall be based upon the following criteria and shall be subject to administrative approval by Staff: A. The extent to which the proposal is consistent with the purposes of these regulations. Ordinance 10-2020 Page 16 of 17 Prepared by CDS; Edited by City Attorney B. The extent to which the proposal minimizes the impact on adjacent land uses, especially in terms of visual impact. C. The extent to which the proposed facility is camouflaged (i.e., use of Stealth Technology). D. The extent to which the proposed facility conforms to the character of the surrounding area (i.e., buildings, street lighting, signs). SECTION FOUR CHAPTER 158, APPENDIX A Appendix A to Chapter 158 of the Hopkinsville Code of Ordinances is amended as set forth on Exhibit A, attached hereto and incorporated herein by reference. SECTION FIVE If any section, subsection, sentence, clause, or phrase of this ordinance is held unconstitutional or otherwise invalid, such infirmity shall not affect the validity of the remaining portions of this ordinance. SECTION SIX All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. SECTION SEVEN This ordinance shall take effect upon passage and publication according to law. ORDINANCE 10-2020 AN ORDINANCE ESTABLISHING REGULATIONS FOR CELLULAR ANTENNA TOWERS AND SMALL CELL TOWERS INH�OPKINSVILLE, KENTUCKY n PUBLICLY READ AND PASSED FIRST TIME: r 1' I 5,goao PUBLICLY READ AND PASSED SECOND TIME: NI al I vl ,2cab APPROVED: ATTEST: Wendell A. Lynch Mayor VVIA+CLLAJ� Christine M. Fletcher, MMC City Clerk Ordinance ! o.abab was published in the Kentucky New Era on: '�7• zap As Certified By 1 QpQI"1 Ordinance 10-2020 Page 17 of 17 Prepared by CDS; Edited by City Attorney EXHIBIT A EST-1 R-1 R-2 R-3 R-4 R-5 B-1 B-2 B-3 8-4 P-1 1-1 1-2 [ . d--dislos (sammecsial)] [GU] [GU] [CU] [CU] [R] [R] [R] [R] [GU] [GU] [CU] [CU] [GU] Towers [cellular antenna CU CU CU CU CU CU CU CU CU CU CU CU CU towers and small cell towers1 Towers (radio/tv receiving or transmitting) [fer ROnGomfne vial -Ease], in accordance with federal communications commission or federal aviation agency requirements CU CU CU CU CU CU CU CU CU CU CU CU CU AFFP ORDINANCE 10-2020 Affidavit of Publication STATE OF KY} SS COUNTY OF CHRISTIAN } Bobbie Fisher, being duly swom, says: That she is Accounting Clerk of the Kentucky New Era, a daily newspaper of general circulation, printed and published in Hopkinsville, Christian County, KY; that the publication, a copy of which is attached hereto, was published in the said newspaper on the following dates: May 27, 2020 That said newspaper was regularly issued and circulated on those dates. NED: Accounting Clerk Subscribed to and swom to me this 27th day of May 2020. Melanie Miller, , Christian County, KY My commission expires: September 26, 2023 00149957 00718115 Tiffany Terrell 25NE-City of Hopkinsville PO Box 707 HOPKINSVILLE, KY 42241 ORDINANCE 10-2020 AN ORDINANCE ESTABLISHING REGULATIONS FOR CELLULAR ANTENNA TOWERS AND SMALL CELL TOWERS IN HOPKINSVILLE, KENTUCKY SUMMARY By summary, a new section of Chapter 158 of the Hopkinsville Code of Ordinances is enacted as follows: SECTION ONE GENERAL PROVISIONS This section contains general provisions regarding the purpose, title, authorization. applicability, jurisdiction, relationship to local zoning and building code, burden of proof, confidentiality, and non -tower system locations. This section also contains definitions of terms used in the ordinance, including: antennas or related equipment, applicant, application, base station, cellular antenna tower, cellular telecommunications services, co -location, monopole, non -tower wireless communication facilities, personal communication services, planning commission, right-of-way, small cell system, small cell tower, staff, stealth technology, transmission equipment, uniform application, utility, overhead utility, utility pole, underground utility, and wireless communications facility. Pursuant to KRS 83A.060, Section 1.14 is set forth in its entirety as follows: SECTION 1.14 FEE STRUCTURE. For the purposes of these regulations, the following fees shall apply. Cellular Antenna Towers (excluding small cell towers). An application for the construction of cellular antenna towers for cellular telecommunications services or personal communications services shall pay an application fee of $2,500.00. Small Cell Towers (1) The application fee is $500 for up to five Antennas which are placed on existing Utility Poles. For each additional Antenna placed on existing Utility Poles beyond the five. there is an additional fee of $100 per Antenna. (2) The application fee is $1,000 for each new Small Cellular Tower which supports an Antenna. SECTION TWO CELLULAR ANTENNA TOWERS (Excluding Small Cell Towers) SECTION 2.0 PRE -APPLICATION CONFERENCE: This section sets forth the requirements for a pre -application conference. SECTION 2.1 UNIFORM APPLICATION REQUIREMENTS: Applications for the construction of a Cellular Antenna Tower for Cellular Telecommunication Services or Personal Wireless Services shall include all information specified in KRS 100.985 — 100.987. SECTION 2.2 ADDITIONAL INFORMATION: This section sets forth the additional information to be provided by Applicants prior to the required pre -application conference. SECTION 2.3 REVIEW PROCEDURE FOR APPLICATIONS: Applications for Cellular Antenna Towers shall be reviewed by the Planning Commission in accordance with the Uniform Application Requirements as outlined in KRS 100.985 —100.987. SECTION 2.4 DESIGN STANDARDS: This section sets forth the minimum design standards for Cellular Antenna Towers and also sets forth a procedure by which the Planning Commission may allow for non -dimensional waivers under limited circumstances. SECTION 2.5 EVALUATION CRITERIA: This section sets forth the evaluation ����ttltrttrrrHp��, criteria to be used In considering an Application. 1`,`����a S. .,f� SECTION THREE ���` •. . ."Z% SMALL CELL TOWERS ' • SECTION 3.0 PRE -APPLICATION CONFERENCE: This section sets forth the L Z". NOTAR V .. Iequiremenls for a pre -application conference. •SECTION 3.1 APPLICATION SUBMITTAL: This section sets forth the procedure for "" Zubmitting applications for proposed small cell tower systems, which shall be subject y •• Pij i O • - 3o administrative review and approval by Staff. Proposed Small Cell Systems located °. ••4 on private property shall be required to receive a Conditional Use Permit and lithe �.y�; • . . • �,1�,�� height of the proposed structure exceeds the allowable height in the zoning district, a ing the Board of Adjustment. Prior to `''�►iq,TLA,R '''`l,` Applelcatlon for a Small CelVariance, mSystem Towe in ZoningSystemrights-of-way, Applicantkmust first Dimobtain a franchise. SECTION 3.2 REQUESTED APPLICATION INFORMATION: Applicants for the construction of Small Cell Systems for Cellular Telecommunications Services or Personal Communications Services may choose to provide either the Uniform Application per KRS 100.9865 or in lieu of the Uniform Application, the information set forth in this section. SECTION 3.3 PROCESSING OF APPLICATION: This section sets forth the procedure for review of applications and provides that staff shall approve. approve with conditions, or deny the Application within 60 days. This section further sets forth the appeals procedure to the Planning Commission and the Christian County Circuit Court. SECTION 3.4 SMALL CELL TOWER LOCATION AND DESIGN REGULATIONS: Thls section sets forth the design criteria for new Small Cell Systems in residential and non-residential zones and establishes evaluation criteria. SECTION FOUR CHAPTER 158, APPENDIX A The Schedule of Uses as set forth on Appendix A to Chapter 158 of the Hopkinsville Code of Ordinances Is amended as set forth on Exhibit A, attached and incorporated therein by reference. The full text of this Ordinance is on file in the office of the undersigned City Clerk of the City of Hopkinsville at 715 South Virginia Street, Hopkinsville, Kentucky, where it is available for public inspection between the hours of 8:00 a.m. to 4:30 p.m., Monday through Friday. ORDINANCE 10-2020 SUMMARY AN ORDINANCE ESTABLISHING REGULATIONS FOR CELLULAR ANTENNA TOWERS AND SMALL CELL TOWERS IN HOPKINSVILLE, KENTUCKY PUBLICLY READ AND PASSED FIRST TIME: May 5, 2020 PUBLICLY READ AND PASSED SECOND TIME: May 19, 2020 APPROVED: Is/ Wendell A. Lynch Wendell A. Lynch Mayor ATTEST: /s/ Christine M. Fletcher Christine M. Fletcher, MMC City Clerk I, H. Douglas Willen, hereby certify I am an Attomey licensed to practice law in the Commonwealth of Kentucky, my office is located at 317 West Ninth Street, Hopkinsville, Kentucky 42240. I further certify the foregoing Summary of Ordinance 10-2020, of the City of Hopkinsville, Kentucky, was prepared in accordance with the requirements of KRS 83A.060(9), and is a true and accurate summary of the contents of said Ordinance. /s/ H. Douglas Willen H. Douglas Willen