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.

(Ord. 10-2020, passed 5-19-2020)

   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."

(Ord. 10-2020, passed 5-19-2020)

   These regulations are adopted pursuant to authority granted to planning commissions in the Commonwealth of Kentucky by KRS 100.985 - 100.987

(Ord. 10-2020, passed 5-19-2020)

   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of these regulations cites a provision of the Kentucky Revised Statutes (KRS), and that provision is later amended or superseded, these regulations shall be deemed amended to refer to the amended provision, or to the provision that most closely corresponds to the superseded provision.

(Ord. 10-2020, passed 5-19-2020)

   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.

(Ord. 10-2020, passed 5-19-2020)

   These regulations shall be effective throughout the city. (Ord. 10-2020, passed 5-19- 2020)

   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.

(Ord. 10-2020, passed 5-19-2020)

   These regulations are not intended to supersede in any way the requirements of the mandatory statewide Kentucky Building Code.

(Ord. 10-2020, passed 5-19-2020)

   It is the intention of the city 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.

(Ord. 10-2020, passed 5-19-2020)

   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.

(Ord. 10-2020, passed 5-19-2020)

   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.

(Ord. 10-2020, passed 5-19-2020)

   Where a conflict may occur between the text and any graphic, illustration, or figure, the text shall control.

(Ord. 10-2020, passed 5-19-2020)

   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.

(Ord. 10-2020, passed 5-19-2020)

   In addition to the definitions as stated in §158.002, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      (1)   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).

      (2)   The term includes any structure other than a tower that, at the time the required application is filed with the Planning Commission under this division, supports or houses equipment described in division (1) 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.

      (3)   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.

      (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.

(Ord. 10-2020, passed 5-19-2020)

   For the purposes of these regulations, the following fees shall apply.

      (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.

(Ord. 10-2020, passed 5-19-2020)

   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.

(Ord. 10-2020, passed 5-19-2020)

   No administrative review by staff is required for antennas locating on existing telecommunications structures, water towers, buildings, utility poles (as defined by these regulations) 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 this Code of Ordinances and applicable building codes.

(Ord. 10-2020, passed 5-19-2020)

   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, this 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 style and structure height one week prior to the meeting with staff and submitting an application under these regulations.

(Ord. 10-2020, passed 5-19-2020)

   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.

(Ord. 10-2020, passed 5-19-2020)

   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 inch equals 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 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;

      (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.

(Ord. 10-2020, passed 5-19-2020)

   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.

(Ord. 10-2020, passed 5-19-2020)

   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 the height of the tower, but not less than 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 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.

   (H)   Woven wire or chain link (80% open) or solid fences made from wood or other materials (less than 50% open), shall be used to enclose the site. Such fences shall be eight feet in height. Fencing enclosure shall be set back no less than 40 feet from the public right-of-way.

   (I)   Screening shall be provided by evergreen trees, with a minimum height of six feet, planted in a staggered pattern at a maximum distance of 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 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 this 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 total square feet in area.

   (M)   All new cellular antenna towers shall be designed and constructed to accommodate a minimum of three 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 division 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 division (Q)(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.

      (2)   The Planning Commission shall hold at least one public hearing after giving notice as according to KRS Chapter 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.

(Ord. 10-2020, passed 5-19-2020)

   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).

(Ord. 10-2020, passed 5-19-2020)

   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, 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, this 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.

(Ord. 10-2020, passed 5-19-2020)

   Except proposed small tower systems exempted by this subchapter, 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 this Code of Ordinances and the Comprehensive Plan.

   (C)   One application for multiple proposed towers within the same small cell system is encouraged whenever possible.

(Ord. 10-2020, passed 5-19-2020)

   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;

   (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 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 500 feet of the proposed antenna location.

(Ord. 10-2020, passed 5-19-2020)

   (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 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 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.

   (B)   Staff shall review and take final action on applications for new small cell systems within 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 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 30 consecutive calendar days of the final action by staff. The appeal shall be filed with staff along with an appeal fee of $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 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 30 days after such action.

   (D)   In addition to Planning Commission approval, separate applicable building, zoning, and electrical permits, and permission from the city, right-of-way or property owner are required prior to the beginning of construction.

(Ord. 10-2020, passed 5-19-2020)

   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.

      (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 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 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. Such display shall not exceed one 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.

      (1)   Facilities in residential areas are strongly encouraged to be non-tower wireless communication facilities, which are exempt from these regulations per this chapter.

      (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 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 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 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.

      (1)   In instances where a facility is proposed to be constructed in the right of way within 100 feet of a residential zone or use, even if the antenna's physical location is within a non-residential zone, regulations in this division 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 this chapter.

      (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 this chapter.

         (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 cubic feet in volume, 24 inches in width, 12 inches 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-inch offset between the pole and pole mounted equipment enclosures.

(Ord. 10-2020, passed 5-19-2020)

   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;

   (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).

(Ord. 10-2020, passed 5-19-2020)