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Planning Commission
<br />Staff Report
<br />March 13, 2014
<br />BACKGROUND:
<br />The applicant is requesting a Special Review Use (SRU) to erect and operate a building
<br />mounted CMRS telecommunications facility with 15 antennas at 900 Via Appia.
<br />The SRU request comes forward to the Planning Commission in accordance with
<br />Section 17.42 of the Louisville Municipal Code (LMC) entitled, `Telecommunications /
<br />CMRS Facilities'. Section 17.42 provides specific regulations related to the location,
<br />height, design, construction and review for CMRS facilities. A CMRS facility is defined in
<br />Section 17.08.076 as, "Commercial mobile radio services and is a facility consisting of
<br />equipment for the reception, switching or receiving of wireless telecommunications
<br />operating at 9,000 watts or less effective radiated power, and utilizing frequencies
<br />authorized by the Federal Communications Commission for cellular, paging, enhanced
<br />specialized mobile radio, personal communications systems telecommunication services,
<br />point to point microwave signals, signals through FM radio transmitters, and signals
<br />through FM boosters under ten watts effective radiated power ".
<br />Section 17.42.020 of the LMC outlines the types of CMRS facilities and locations where
<br />such facilities are allowed and the associated review process applicable to the specific
<br />type of facility. The following table from Section 17.42.020 specifies by zone district the
<br />applicable process based upon whether the related facility is defined as a building
<br />mounted CMRS, a freestanding CMRS, or an alternative tower structure:
<br />Use
<br />Groups
<br />Districts
<br />A
<br />A-
<br />0
<br />B-
<br />0
<br />AO-
<br />T
<br />R-
<br />RR
<br />SF-
<br />R
<br />SF-
<br />E
<br />SF-
<br />LD
<br />SF-
<br />MD
<br />SF-
<br />HD
<br />R-
<br />R
<br />R-
<br />E
<br />R-
<br />M
<br />R-
<br />H
<br />C-
<br />N
<br />C-
<br />C
<br />C-
<br />B
<br />I
<br />PCZD
<br />Building
<br />mounted
<br />CMRS
<br />facility
<br />R
<br />R
<br />R
<br />R
<br />R
<br />R
<br />R
<br />R
<br />R
<br />R
<br />R
<br />R
<br />A,
<br />R
<br />A,
<br />R
<br />A,
<br />R
<br />A,
<br />R
<br />A, R
<br />Freestanding
<br />CMRS
<br />Facility
<br />No
<br />No
<br />No
<br />No
<br />No
<br />No
<br />No
<br />No
<br />No
<br />No
<br />No
<br />No
<br />No
<br />No
<br />No
<br />No
<br />No
<br />Alternative
<br />tower
<br />structure
<br />A,
<br />R
<br />A,
<br />R
<br />A,
<br />R
<br />A,
<br />R
<br />No,
<br />A,
<br />R
<br />No,
<br />A,
<br />R
<br />No,
<br />A,
<br />R
<br />No,
<br />A,
<br />R
<br />No,
<br />A,
<br />R
<br />No,
<br />A,
<br />R
<br />No,
<br />A,
<br />R
<br />No,
<br />A,
<br />R
<br />A,
<br />R
<br />A,
<br />R
<br />A,
<br />R
<br />A,
<br />R
<br />A, R
<br />R - Special review use application. Refer to chapter 17.40 of this Code for details on the special review
<br />process.
<br />A - Administrative special review use. Refer to section 17.42.080 of this chapter for details on the
<br />administrative review process. Administrative review is available for building mounted CMRS facilities that
<br />meet certain height, setback and other applicable design requirements.
<br />A, R - Applications in these zone districts will have varying reviewing processes depending on the
<br />proposed design of the CMRS facility. Refer to the design standards in section 17.42.030 to determine
<br />which review process will be required. Administrative review is available for alternative tower structure
<br />(ATS) CMRS facilities that do not alter the exterior appearance of the building, structure or site, as
<br />determined by the director.
<br />No, A, R - In residential zone districts, ATS are only allowed on institutional structures, as defined in
<br />chapter 17.08. ATS on institutional structures can be a part of either a primary building or other structure
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