It is the general purpose of these regulations to provide for integration of wireless telecommunications facilities for cellular telecommunications services or personal communications services within the community while providing for such facilities in coordination with the recommendations of the comprehensive plan. Furthermore, it is the purpose and intent of the city to provide for the integration of cellular telecommunications facilities in a manner that will retain the integrity and character of neighborhoods, property values and aesthetic value of the community at large. The city, while recognizing the need to provide essential utilities to citizens of Alexandria, furthermore states that the purpose of this regulation is as follows:

   (A)   To establish an administrative process for the approval/disapproval of cellular telecommunications facilities;

   (B)   Protect the public health, safety and welfare by requiring that the cellular telecommunications facilities are adequately secured and encouraging the timely maintenance of the structures;

   (C)   Minimize the adverse impacts of technological obsolescence of such facilities, including a requirement to remove unused and/or unnecessary facilities in a timely manner;

   (D)   Ensure that cellular telecommunications facilities are situated in appropriate locations while minimizing the negative visual impact of wireless facilities on neighborhoods, community landmarks, historic sites and buildings and natural scenic areas;

   (E)   Minimize the number of cellular telecommunications facilities by requiring the use of existing structures and co-location where feasible; and

   (F)   Provide for adequate information about plans for cellular telecommunications facilities in order to permit the community to effectively plan for the location of such facilities.

   Cellular telecommunications facilities for cellular telecommunications services or personal communications services may be allowed in any zone after a Planning Commission review in accordance with the following procedures to ascertain agreement with the adopted comprehensive plan and the regulations contained within this ordinance.

   Every utility or company that is engaged in the business of providing the required infrastructure to a utility that proposes to construct a cellular antenna tower for cellular communications or personal communications services within the jurisdiction of the city’s Planning Commission shall submit a copy of the utility’s complete uniform application, as specified below, to the city’s Planning Commission.

   Applications for the construction of a cellular antenna tower for cellular telecommunications services or personal communications services shall be submitted in two parts. Five copies of the application entitled, “For the Public Record” and one original (including attachments) of the application entitled “Uniform Application: Confidential and Proprietary” shall be submitted to the city’s Planning Commission. The uniform application shall contain the following information:

   (A)   All information and items specified in KRS 100.9865;

   (B)   The uniform application shall include 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 all of the planning unit’s jurisdiction and a one-half mile area outside of the boundaries of the planning unit’s jurisdiction if that area contains either existing or proposed construction sites for cellular antenna towers;

   (C)   The applicant shall make a reasonable attempt to co-locate additional transmitting or related equipment if the Planning Commission determines such co-location is feasible. If so, the Planning Commission will 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 local planning unit with a statement indicating that the applicant has:

      (1)   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

      (2)   Unsuccessfully attempted to co-locate on towers designed to host multiple wireless service provider’s facilities or existing structures such as a telecommunications tower or another suitable structure capable of supporting the applicant’s facilities and that:

         (a)   Identifies the location of the towers or other structures on which the applicant attempted to co-locate; and

         (b)   Lists the reasons why the co-location was unsuccessful in each instance.

   (D)   A statement demonstrating that the proposal is in agreement with the adopted comprehensive plan and is in conformity with these regulations, subject to the limitations imposed by 47 U.S.C. § 332(c), KRS 278.030, 278.040 and 278.280;

   (E)   Any contract with an owner of property upon which a cellular antenna tower is to be constructed shall include a provision that specifies, in the case of discontinuance or abandonment, the method that the utility will follow in dismantling and removing a cellular antenna tower including a timetable for removal in accordance with § 12.9 of this ordinance. The portion of the agreement demonstrating compliance with this section shall be included in the uniform application; and

   (F)   The submission of application materials in addition to those required by KRS 100.9865 and 100.987 shall not be required unless agreed upon by the Planning Commission and the applicant.

   Applications for the construction of cellular antenna towers for cellular telecommunications services or personal communications services shall be processed as follows: new cellular antenna towers.

   (A)   At least one 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, but may be published two or more times, in a newspaper of general circulation in the county; provided that, publication occurs not less than seven calendar days nor more than 21 calendar days before the occurrence of such hearing.

   (B)   (1)   Notice of the hearing shall be posted conspicuously on the property in question, for 14 consecutive days immediately prior to the hearing. Said posting shall consist of at least two signs:

         (a)   Posted in a visible location on the proposed site; and

         (b)   On the nearest road.

      (2)   The sign shall be constructed of durable material, and clearly depict the following information:

      “(Name of utility) proposes to construct a cellular telecommunications facility on this site (four inch (4”) high lettering). A Public Hearing will be held on (date, place and time of public hearing in one inch (1”) high lettering). For further information, contact the Alexandria Planning Commission at 8236 West Main Street, Alexandria, KY at (859) 635-4125.”

   (C)   Notice of the hearing shall be given at least 14 days in advance of the hearing, by first class mail, with certification by the Commission Secretary, or other officer of the Planning Commission, that the notice was mailed to an owner of every parcel of property within 500 feet of the base of the proposed tower or monopole. It shall be the duty of the person(s) proposing the facility to furnish to the Planning Commission the names and addresses of said property owners. Records maintained by the Property Valuation Administrator may be relied upon conclusively to determine the identity and address of said owner. In the event such property is in condominium or cooperative forms of ownership, then the person notified by mail shall be the president or chairperson of the owner group which administers property commonly owned by a 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.

   (D)   Upon holding such hearing, the Planning Commission shall, within 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 and advise the applicant in writing of such decision. If the Planning Commission fails to issue a final decision within 60 days, and if there is no written agreement between the Planning Commission and the utility to a specific date for the Planning Commission to issue a decision, the uniform application shall be deemed approved. If the Planning Commission disapproves of the proposed construction, it shall state the reasons for disapproval in its written decision and may make suggestions which, in its opinion better accomplish the objectives of the comprehensive plan or zoning regulations.

   (E)   No permit for construction of a cellular or personal communications services antenna tower shall be issued until the Planning Commission approves the uniform application or the 60-day time period has expired, whichever comes first.

   Pursuant to KRS 100.987(3), all information contained in the uniform application and any updates, except for information that specifically identifies the proposed location of the cellular antenna tower then being reviewed by the applying utility, shall be deemed confidential and proprietary within the meaning of KRS 61.878. The city’s Planning Commission shall deny any of this information, whether submitted under the state’s Open Records Act, being KRS 61.870 to 61.884 or otherwise, except when ordered to release the information by a court of competent jurisdiction. Any person violating this section shall be guilty of misconduct in the second degree as provided under KRS 522.030.

   At the time of application submittal, the applicant shall provide information demonstrating compliance with the following requirements. Where the Planning Commission, or its duly authorized representative, 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 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 justification for each requested modification or waiver.

   (A)   All structures, except fences, shall be located at least ten feet from all property lines or lease lines. The cellular telecommunications facilities shall be set back at least twice the height of the proposed tower when the site abuts a residence or residentially zoned property and must setback the height of the facility when the site abuts a street.

   (B)   A minimum of one off-street parking space, per provider, shall be provided on the site. In no case shall there be more than three parking spaces per site.

   (C)   Screening shall be required where the site in question abuts residentially zoned property. Screening shall be provided by evergreen trees planted in a staggered pattern at a maximum distance of 15 feet on center per row. The screening shall be placed in the area between the structure and property line or lease line per § 3.18 of this ordinance.

   (D)   Any site to be purchased or leased for the installation of a cellular antenna tower, or alternative antenna tower, and ancillary facilities, shall comply with the minimum lot size requirements of the zone in which the facility is to be located.

   (E)   Surfacing of all driveways and off-street parking areas shall comply with the requirements of Article 5.

   (F)   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 square feet in area.

   The Planning Commission shall evaluate the CTF proposal based upon the following criteria:

   (A)   Agreement with the various elements of the adopted comprehensive plan and zoning regulations;

   (B)   The extent to which the applicant willingly attempted to co-locate additional transmitting or related equipment on any new or existing towers or other structures;

   (C)   Extent to which the proposal is consistent with the purposes of these regulations;

   (D)   Adequacy of the proposed site, considering such factors as the sufficiency of the size of the site to comply with established design standards as specified in § 12.6 of this ordinance, 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 and the like);

   (E)   Extent to which the proposal responds to the impact of the proposed development on adjacent land uses and values, especially in terms of visual impact; and

   (F)   Extent to which the proposed facility is integrated with existing structures (i.e., buildings, signs).

   Any amendments to plans, except for minor adjustments as determined by the Planning Commission or its duly authorized representative, shall be made in accordance with the procedure required by § 12.4 of this ordinance, subject to the same limitations and requirements as those under which such plans were originally approved.

   If the use of any cellular antenna or cellular antenna tower or alternative tower structure is discontinued, the owner shall provide the Planning Commission with a copy of the notice to the FCC of intent to cease operations within 30 days of such notice to the FCC. If the CTF will not be reused, the owner shall have six months from submittal of the FCC notice to the Planning Commission to obtain a demolition permit and remove the antenna or tower that will not be used. If the CTF is to be reused, the owner shall have no more than six from submittal of the FCC notice to the Planning Commission in which to commence new operation. Upon failure to commence new operation of the CTF within six months, the CTF shall be presumed to be abandoned, and the owner shall obtain a demolition permit and remove the CTF within 60 days of obtaining the demolition permit. If the owner fails to remove an antenna or tower in the time provided by this section, the Planning Commission may, on grounds of public safety, cause the demolition and removal of the CTF and recover all costs in accordance with the guarantee.