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Ordinance 10-2020 summaryORDINANCE 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 2of3 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: 6a ‘20,20 PUBLICLY READ AND PASSED SECOND TIME: r v ia, do -pc APPROVED: (31P91 ATTEST: Wendell A. Lync Mayor f 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. 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. Ordinance iO-=.0 was published in the Kentucky New Era on: 5' ;CT a010 As Certified By 16' 60t ouglas Willen Ordinance 10-2020 Summary Page 3 of 3 Prepared by City Attorney