Inasmuch as the Congress of the United States enacted the Telecommunications Act of 1996, to deregulate the telecommunications industry by providing a more competitive environment for wired and wireless telecommunications, the Kentucky Legislature initially passed House Bill 168, and later enacted House Bill 270, to allow local governments which have adopted planning and zoning regulations to plan for and regulate the siting of cellular antenna towers. The intent of this Article of this Zoning Ordinance is to provide for cellular telecommunication towers in appropriate locations throughout the community at sites which provide adequate cellular telecommunication service while protecting the public, preserving the character and value of surrounding property, and protecting the view from residential areas.

(Code 1983, § 25-1; Ord. No. 99-2000 , § 1, 4-20-2000; Ord. No. 62-2003 , § 1, 3-20-2003)

This Article of this Zoning Ordinance shall apply to all cellular telecommunication towers located, or to be located, within the jurisdiction of the Lexington-Fayette Urban County Government.

(Code 1983, § 25-2; Ord. No. 99-2000 , § 1, 4-20-2000)

For the purposes of this Article, the following definitions shall apply:

Alternative Cellular Antenna Tower means any facility, such as a clock or bell tower; steeple; light pole; or other similar alternative-design mounting structure that accommodates, minimizes, camouflages or conceals the presence of a cellular antenna or cellular antenna tower and that is constructed (or reconstructed) primarily for the purpose of accommodating a cellular antenna or tower and related equipment.

Antenna or Related Equipment means a transmitting or receiving device that may be mounted on a tower, or other equipment used to support cellular telecommunication services or personal communication services.

Cellular Antenna, Rooftop, means any exterior transmitting or receiving device mounted on, or attached to, the rooftop of a building through gravity mounts or other surface attachments used for wireless or other telecommunication signals; integrated into the natural rooftop profile of a building so that it resembles a permissible rooftop structure, such as a ventilator, cooling equipment, solar equipment, water tank, chimney or parapet; to be no higher than fifteen (15) feet above the roof unless a 1:1 height-to-yard ratio is provided, in which case it may extend up to twenty (20) feet.

Cellular Antenna Tower means a monopole, lattice or guyed 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 telecommunication services or personal communication services.

Cellular Antenna Tower Height means the distance from the anchored base of the tower, whether on the top of another building or at grade, to the highest point of the antenna structure.

Cellular Equipment Cabinet means a cabinet designed to house radio equipment, similar in size to a traffic signal cabinet, not designed for human occupancy. Any maintenance to radio equipment can only be done from outside the cabinet, as opposed to an alternative larger sized equipment shelter that can be totally accessed by service personnel.

Cellular Telecommunication Facility means the lot, tract, or parcel of land that contains the cellular antenna tower, its supporting structure, any accessory building, parking, and any other uses or structures that are associated with the transmission facility.

Cellular Telecommunication Service means a retail telecommunications service that uses radio signals transmitted through cell sites and mobile switching stations.

Cellular Telephone Transmitting Facility, Temporary, means any system of wires, poles, rods, reflecting disks, or similar devices used for the transmission or reception of electromagnetic waves, not meeting the definition of a "structure" as defined by this Zoning Ordinance. Temporary facilities shall be subject to issuance of a locational permit from the Division of Planning prior to being located on a property.

Cellular Tower Height-to-Yard Ratio means for the purposes of this section of this Zoning Ordinance, a cellular tower height-to-yard ratio shall be the relationship of the height of the tower to the lot line, the boundary of the long-term lease area, or to the nearest building intended for human habitation, whichever is greater, whether or not that building is located on the lot with the tower, and as further specified in these regulations.

Co-Location means locating two (2) or more transmission antennae or related equipment on the same cellular antenna tower.

Search Ring means the necessary search area within which a site for a cellular antenna tower should, pursuant to radio frequency requirements, be located.

Uniform Application means the application submitted to the Planning Commission by an applicant, complete and meeting all requirements as provided in KRS 100.9865, for the construction of a cellular antenna tower for cellular telecommunication services or personal communication services.

(Code 1983, § 25-3; Ord. No. 99-2000 , § 1, 4-20-2000; Ord. No. 62-2003 , § 1, 3-20-2003; Ord. No. 148-2004 , § 1, 6-24-2004; Ord. No. 116-2008 , §

To the largest extent feasible, applicants are encouraged to consider properties owned by the local government for the location of cellular towers, if such properties are appropriate in view of surrounding land uses. Whenever possible, cellular antenna towers, whether temporary or permanent, shall be sited at locations that minimize their adverse effect on residential uses in the immediate area. Only when no other adequate site is available shall a cellular antenna tower be permitted in a residential zone, unless located on a property not used or intended for residential purposes. In accordance with the procedures established by this Article, cellular antenna towers may be permitted in any zone when approved by the Planning Commission, with the following exceptions:

(Code 1983, § 25-4; Ord. No. 99-2000 , § 1, 4-20-2000; Ord. No. 62-2003 , § 1, 3-20-2003; Ord. No. 148-2004 , § 1, 6-24-2004; Ord. No. 116-2008 , § 2, 6-12-2008)

The following design standards shall apply to all cellular antenna towers:

(Code 1983, § 25-5; Ord. No. 99-2000 , § 1, 4-20-2000; Ord. No. 62-2003 , § 1, 3-20-2003; Ord. No. 148-2004 , § 1, 6-24-2004; Ord. No. 116-2008 , § 3, 6-12-2008)

When no adequate alternate site for a cellular antenna tower is available, a site in a residential or an agricultural zone may be permitted. The Planning Commission shall consider the following mitigating design standards and may reduce or modify these standards in cases where it can be demonstrated that there is extreme hardship:

(Code 1983, § 25-6; Ord. No. 99-2000 , § 1, 4-20-2000; Ord. No. 62-2003 , § 1, 3-20-2003)

Temporary cellular antenna towers, which shall be subject to approval by the Planning Commission, shall be limited to a time period of no more than six (6) months; renewable upon application for an additional six (6) months, not to exceed one (1) year, from the date the locational permit is issued by the Division of Planning; shall be subject to the same screening requirements (other than plant material) as a permanent tower; and shall be limited to a height of seventy (70) feet. Removal of the security fence when the tower and any associated accessory structures are dismantled or removed from the site shall be the responsibility of the owner of the tower and shall be accomplished within ninety (90) days of its removal. Temporary transmitting facilities shall be permitted by right where permanent cellular towers and/or antennae have been approved for the same applicant and on the same property, until permanent construction is completed. The Planning Commission shall have the power to require a bond or other appropriate alternative surety in order to ensure the safe removal of the tower and any accessory structures. If required by the Planning Commission, this surety shall be equal to an amount, as determined by current industry standards, required for tower and equipment removal.

(Code 1983, § 25-7; Ord. No. 62-2003 , § 1, 3-20-2003; Ord. No. 148-2004 , § 1, 6-24-2004; Ord. No. 116-2008 , § 4, 6-12-2008; Ord. No. 122-2011 , § 35, 9-29-2011)

Any applicant that proposes to construct a cellular antenna tower for cellular telecommunication services or personal communication services within Lexington-Fayette County, whether rooftop or ground construction, must submit a completed Uniform Application to the Planning Commission, as mandated by KRS 100.9865. A copy of the requirements for submission of a Uniform Application are on file and may be obtained from the Division of Planning Office. Unless waived by the applicant, 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, shall be deemed confidential and proprietary. In accordance with KRS 100.987, the Planning Commission may not approve public requests 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 or when the applicant has provided a written waiver of confidentiality. In addition, the applicant shall submit the following information:

Completion of a Uniform Application shall not be required for temporary cellular antennae that are deployed during construction of permanent facilities on the same property and by the same applicant; used in the event of emergency situations where infrastructure has been damaged; or in connection with temporary high usage situations, such as sporting events.

(Code 1983, § 25-8; Ord. No. 99-2000 , § 1, 4-20-2000; Ord. No. 62-2003 , § 1, 3-20-2003; Ord. No. 116-2008 , § 5, 6-12-2008)

Upon filing of the Uniform Application, the Planning Commission shall charge the applicant a fee as established by the Urban County Council. The Commission shall have sixty (60) days to complete its review of the request for a cellular antenna tower and act on the request. If an application does not contain all of the information as required by KRS 100.9865, it will be considered incomplete and shall not be accepted as "filed." The 60-day time limit for review will not begin until the application has been completed and filed in accordance with the requirements of the Uniform Application. In situations where it can be demonstrated by the applicant that some portions of the Uniform Application are unreasonable for the location and construction of a cellular antenna tower, the Planning staff (or other authorized representative of the Planning Commission) may waive such requirements, and the application shall be considered complete. However, the applicant must first provide a written request, including a justification of the waiver, before it can be considered by the staff. Once it has been determined that portions of the Uniform Application may be waived, the application shall be considered complete as of the date that determination is made. The requisite 60-day time period for review and/or final action on the application will begin at that time.

(Code 1983, § 25-9; Ord. No. 99-2000 , § 1, 4-20-2000; Ord. No. 62-2003 , § 1, 3-20-2003; Ord. No. 116-2008 , § 6, 6-12-2008)

If the application is approved, the applicant shall inform the Public Service Commission of the Planning Commission's action within ten (10) working days of the approval. The notice to the Public Service Commission shall include a map showing the location of the construction site. If an applicant fails to file notice of an approved Uniform Application with the Public Service Commission, the applicant shall be prohibited from obtaining a permit for construction of the cellular antenna tower until such notice has been made.

(Code 1983, § 25-10; Ord. No. 99-2000 , § 1, 4-20-2000; Ord. No. 62-2003 , § 1, 3-20-2003; Ord. No. 116-2008 , § 7, 6-12-2008)

Any existing cellular antenna towers that were constructed prior to the adoption of these regulations shall be considered permitted uses and shall be subject to these regulations in the event the cellular tower is to be removed. These regulations shall also apply to existing facilities if a tower or antenna is replaced and/or augmented to increase the height more than fifty percent (50%). Replacement towers for lattice or guyed towers located in residential zones shall be monopoles or alternative tower design unless, in the review of the application, the Planning Commission finds that the replacement with a lattice or guyed tower would improve the opportunities for co-location. In its review of such an application, the Commission shall consider the impact of the proposed tower on the immediate neighborhood and the surrounding neighborhoods, and may attach appropriate and reasonable conditions to the approval of the tower to mitigate such impacts.

(Code 1983, § 25-11; Ord. No. 99-2000 , § 1, 4-20-2000; Ord. No. 62-2003 , § 1, 3-20-2003)

The owner of a cellular tower or antenna shall file annually with the Division of Planning a declaration of intent for continued operation and use of the tower or antenna. In the event that the tower or antenna is abandoned, it must be removed within six (6) months of ceasing operation at the owner's expense. Prior to issuance of a building permit for construction of a tower or antenna, a bond or other appropriate surety equal to twenty-five percent (25%) of the construction cost of the tower shall be filed with the Division of Building Inspection, in order to assure the successful dismantling and removal of the tower or antenna and any associated accessory structure. The bond or surety shall be reviewed and updated annually to allow for inflation or other factors that may affect the cost of tower removal.

(Code 1983, § 25-12; Ord. No. 62-2003 , § 1, 3-20-2003; Ord. No. 116-2008 , § 8, 6-12-2008)

When an applicant seeks to place antennae on an existing structure, provided the antenna(s) will not be greater than fifteen (15) feet in height (or up to twenty (20) feet, with a 1:1 height-to-yard ratio); or in the event an applicant proposes to augment the height of an existing tower, provided the height of the tower will not be increased over fifty percent (50%), and the height will not result in additional lighting requirements pursuant to Federal Aviation Administration rules; and provided a "dead area" will not be created for emergency radio communication systems, the application may then be reviewed and acted on by the staff.

(Code 1983, § 25-13; Ord. No. 99-2000 , § 1, 4-20-2000; Ord. No. 62-2003 , § 1, 3-20-2003; Ord. No. 148-2004 , § 1, 6-24-2004; Ord. No. 116-2008 , § 9, 6-12-2008)

Any party claiming to be aggrieved by a final action of the Planning Commission under the provisions of KRS 100.985 to 100.987 may bring an action for review in Fayette Circuit Court.

All orders of the Planning Commission which have not been appealed within thirty (30) days shall become final; however, there shall be no stay of any action on the subject property until such time as an appeal has been filed.

(Code 1983, § 25-14; Ord. No. 62-2003 , § 1, 3-20-2003)