FY2018-17 Amending Various Sections Of Title 17 To Provide For Additional Regulation Of Communications Towers1
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Introduced by: CDD
Requested by: P&Z Commission
Drafted by: CDD
Introduced on: 03/01/2018
Public Hearing Date: 03/22/2018
Adopted on: 03/22/2018
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2018-17
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING
VARIOUS SECTIONS OF TITLE 17 TO PROVIDE FOR ADDITIONAL REGULATION OF
COMMUNICATIONS TOWERS (P&Z CASE NO. 18-011)
WHEREAS, as a second class Borough, the Kodiak Island Borough exercises planning,
platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska
Statues; and
WHEREAS, KIBC 17.205.010 provides that "Whenever the public necessity, convenience,
general welfare or good zoning practice requires, the assembly may, by ordinance and after report
thereon by the commission and public hearing as required by law, amend, supplement, modify,
repeal or otherwise change these regulations and the boundaries of the districts"; and
WHEREAS, the need for communications infrastructure has grown over the past several years
as consumer demand for cellular and data services has increased; and
WHEREAS, KIBC title 17 (Zoning) does not explicitly provide for the regulation of
communications towers; and
WHEREAS, providers or property owners seeking to lease, install, update, or modify existing
communications technology and infrastructure do not have clear guidance in how
communications towers are regulated locally; and
WHEREAS, the public necessity and general welfare of the community will be better served by
amending the code to include standardized permitting requirements for communications towers
and to list them as a conditional use in certain zoning districts; and
WHEREAS, the Planning and Zoning Commission discussed this issue at work sessions on
February 8, 2017, March 9, 2017, April 12, 2017, August 9, 2017, September 13, 2017, October
11, 2017, November 8, 2017, and January 17, 2018; and
WHEREAS, the Planning and Zoning Commission directed the KIB Community Development
Department to hold a public meeting on the subject, and a meeting was held on June 28, 2017;
and
Kodiak Island Borough, Alaska
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Ordinance No. FY2018-17
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WHEREAS, the Planning and Zoning Commission held public hearing on this issue at their
January 24, 2018 meeting.
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Section 1: This ordinance is of a general and permanent nature and shall become a part of the
Kodiak Island Borough Code of Ordinances; and
Section 2: That Chapters 17.25 (Definitions), 17.35 (W—Watershed District), 17.45 (NU — Natural
Use District), 17.90 (B — Business District), 17.95 (RNC — Rural Neighborhood Commercial
District), 17.100 (UNC— Urban Neighborhood Commercial District), 17.105 (1— Industrial District),
17.110 (RB — Retail Business District), 17.120 (LI — Light Industrial District), 17.130 (PL — Public
Use Lands District), and 17.17.145 (Height Limitations) of the Kodiak Island Borough Code of
Ordinances is amended to read as follows:
Chapter 17.25
DEFINITIONS
17.25.020 A definitions.
"Accessory dwelling unit (ADU)" means an additional dwelling unit attached to or within a single-
family residence or within a detached accessory structure or as a separate structure on the
same lot as the single-family residence. ADUs have a separate entrance and exit and contain
kitchen, bathroom, and sleeping facilities.
"Accessory equipment" means any equipment serving or being used in coniunction with
a personal wireless service facility or mount. This includes utility or transmission
equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets
and storage sheds, shelters, or similar structures.
"Agricultural activities" means the production, keeping, or maintenance, for sale, lease, or
personal use, of plants and animals useful to people. This does not include any uses involving
or related to commercial marijuana activities.
"Airport elevation" means the established elevation of the highest point of the usable landing
area.
Airport, Municipal. "Municipal airport" means the City of Kodiak Municipal Airport and Lilly Lake.
Airport, Utility. "Utility airport" means any airport in the borough designed and/or constructed to
serve aircraft in approach category A (speed less than 91 knots).
"Alley" means a public way designed and intended to provide only a secondary means of
access to any property abutting thereon.
"Alteration" means any change, addition, or modification in the construction, location, or use
classification.
"Antenna" means the equipment from which wireless radio signals are sent and received
by a personal wireless service facility.
Apartment House. For "apartment house," see "Dwelling, multiple -family," KIBC 17.25.050.
"Approach surface" means an approach surface longitudinally centered on the extended runway
centerline and extending outward and upward from each end of a runway. The inner edge of the
Kodiak Island Borough, Alaska
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approach surface is the same width as the runway and it expands uniformly to a width of 1,500
feet of each end of the runway. The approach surface extends for a horizontal distance of 5,000
feet at a slope of 20:1. No building or structure may be constructed or erected nor may any
other object be stored or placed in such a manner as to protrude into the approach surfaces.
A. The approach surfaces for the municipal airport extend upward and outward from the
south end of the existing lake surface (towards Larch Street) and the north end of the
gravel runway (Von Scheele Way) only.
"Automobile wrecking" means the dismantling of used motor vehicles or trailers or the storage or
sale of parts from dismantled or partially dismantled, obsolete, or wrecked vehicles.
17.25.040 C definitions.
"Clear zone" means that area within 50 feet from and on the outside of both edges of the municipal
airport gravel runway and all of the water area of Lilly Lake, excepting the parking zone, within
which no structure may be constructed, erected, or placed and no vehicle or other object may be
parked, stored, or placed. The 'blear zone" also means that area 140 feet wide extending from
the southerly end of Lilly Lake to the Larch Street right-of-way.
"Commercial fishing" means fishing activities involving the harvest and sale of seafood products
carried out for a profit.
"Commercial livestock grazing" means rearing and grazing of livestock (horses, cattle, buffalo,
elk, reindeer, [lamas) for slaughter and commercial sale of meat, for hunting, or for rent for
recreational uses, when these activities are carried out for profit.
"Communications tower (tower)" means a structure that is built for the sole or primary
purpose of supporting equipment for the transmission and/or reception of radio frequencv
signals, other wireless communications, or meteorological purposes, and usually
consisting of an antenna or antenna array, transmission cables, equipment cabinets, and
their associated facilities.
"Conditional use permit" means a method of allowing for flexibility within the zoning regulations
by permitting certain specified uses in zoning districts after additional controls and safeguards are
applied by the commission to ensure their compatibility with permitted principal uses.
"Coverage" means that percentage of the total lot area covered by the building area. [Ord. 2001-
05 §2, 2001; Ord. 93-66 §3, 1993; Ord. 87-09-0 §7, 1987; Ord. 81-31-0 §1, 1981; prior code Ch.
5 subch. 2 §9B. Formerly §§17.06.162 —17.06.170].
17.25.170 P definitions.
"Parking zone" means a strip of land 25 feet in width immediately adjacent to the clear zone along
the municipal airport and on that side of the clear zone which is farthest from the gravel runway.
No structure may be constructed, erected, or placed within the parking zone except motor vehicles
and aircraft. Motor vehicles used for storage or living or sleeping accommodations are not
permitted within parking zones. "Parking zone" also means a water area 30 feet in width on Lilly
Lake, measured out from the existing shoreline of the lake, within which seaplanes may be parked
or stored.
"Person" means a natural person, his heirs, executors, administrators, or assigns, and also
includes firm, partnership, or corporation, or their successors or assigns, or the agent of any of
the aforesaid.
Kodiak Island Borough, Alaska
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"Personal Wireless Service Facility" means any tower, structure, or other equipment
intended for a primary use of providing commercial or public wireless, radio, microwave,
or other communication services and functionality.
"Premises" means a lot, together with all buildings and structures thereon.
Chapter 17.35
W — Watershed District
17.35.030 Conditional uses.
The following land uses and activities may be allowed by obtaining a conditional use permit in
accordance with the provisions of Chapter 17.200 KIBC:
A. Communication facilities and towers; and
B. Recreational uses not requiring structures for overnight habitation.
Chapter 17.45
NU — Natural Use District
17.45.040 Conditional uses.
The following land uses and activities may be allowed by obtaining a conditional use permit in
accordance with the provisions of Chapter 17.200 KIBC:
A. Communication facilities and towers;
B. Parks and recreational support structures, including related equipment, facilities, and
structures (e.g., playground equipment, bathroom facilities, picnic shelters, parking lots, and
other paved areas, etc.);
C. Public recreational cabins;
D. Road and utility installations; and
E. Structures which enhance the intent of the natural use district (e.g., fish, wildlife, or habitat
enhancement and/or rehabilitation structures, fish ladders, hatcheries, etc.).
Chapter 17.90
B — Business District
17.90.030 Conditional uses.
The following land uses and activities may be allowed by obtaining a conditional use permit in
accordance with the provisions of Chapter 17.200 KIBC:
A. Churches;
B. Hospitals;
C. Recreational vehicle parks;
D. Mobile home parks;
E. Warehouses;
F. Marijuana cultivation, limited; and
G. Marijuana cultivation, standard -.Land
H. Communications towers.
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Chapter 17.95
RNC — Rural Neighborhood Commercial District
17.95.040 Conditional uses.
The following land uses and activities may be allowed by obtaining a conditional use permit in
accordance with the provisions of Chapter 17.200 KIBC:
A. Institutional facilities (e.g., hospitals, fire stations, group homes, correctional facilities, etc.);
B. Utility and service uses (e.g., substations); and
C. Recreational vehicle parks-
D. Communications towers.
Chapter 17.100
UNC — Urban Neighborhood Commercial
17.100.040 Conditional uses.
The following land uses and activities may be allowed by obtaining a conditional use permit in
accordance with the provisions of Chapter 17.200 KIBC:
A. Animal hospitals, veterinary clinics, and boarding kennels;
B. Automobile service stations;
C. Churches;
D. Commercial recreation facilities (e.g., racquetball courts, health clubs, ice rinks, etc.);
E. Institutional facilities (e.g., hospitals, fire stations, group homes, correctional facilities, etc.);
F. Utility and service uses (e.g., substations, etc.); aad
G. Recreational vehicle parks -Land Communications towers.
Chapter 17.105
1— Industrial District
17.105.020 Conditional uses.
The following uses may be permitted by obtaining a conditional use permit in accordance with
the provisions of Chapter 17.200 KIBC:
A. Acetylene gas manufacture or storage;
B. Ammonia, bleaching powder or chlorine manufacture;
C. Cement, concrete, lime and plaster manufacture;
D. Chemical bulk storage and sales;
E. Garbage disposal sites, dumps and sanitary landfills;
F. Petroleum or flammable liquid production, refining or storage; and
G. Recreational vehicle parks -.Land
H. Communications towers.
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Chapter 17.110
RB — Retail Business District
17.110.040 Conditional uses.
The following land uses and activities may be allowed by obtaining a conditional use permit in
accordance with the provisions of Chapter 17.200 KIBC:
A. Automobile and boat sales, storage, and repair;
B. Churches;
C. Institutional facilities (e.g., hospitals, fire stations, group homes, correctional facilities, etc.);
D. Outdoor storage, when screened by a sight -obscuring fence a minimum of six feet in height;
E. Utility and service uses (e.g., substations, etc.);
F. Warehouses;
G. Wholesaling and distributing operations (excluding bulk fuel operations);
H. Recreational vehicle parks;
I. Marijuana cultivation, limited; and
J. Marijuana cultivation, standard -.Land
K. Communications towers.
Chapter 17.120
LI — Light Industrial District
17.120.040 Conditional uses.
The following land uses and activities may be allowed by obtaining a conditional use permit in
accordance with the provisions of Chapter 17.200 KIBC:
A. New airports (when a facility is granted a CUP, all aviation -related uses will be considered
permitted uses);
B. Institutional facilities (e.g., hospitals, fire stations, group homes, correctional facilities, etc.);
C. Junkyards and salvage yards; and
D. Recreational vehicle parks -.Land
E. Communications towers.
Chapter 17.130
PL — Public Use Lands District
17.130.030 Conditional uses.
The following land uses may be allowed by obtaining a conditional use permit in accordance
with the provisions of Chapter 17.200 KIBC:
A. Airports;
B. Correctional facilities;
C. Dormitories;
D. Governmental maintenance and service facilities and storage yards;
E. Natural resource extraction;
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F. Solid waste disposal sites;
G. Radio and television transmitters; and
H. Recreational vehicle parks -.Land
I. Communications towers.
17.145
Sections:
17.145.010 Height limitations.
17.145.020 Airport height limitations.
17.145.040 Exemptions.
17.145.050 Communications towers as conditional uses.
17.145.060 Application requirements.
17.145.070 Approval criteria.
17.145.010 Height limitations.
The height limitations contained in this title do not apply to spires, belfries, cupolas, chimneys,
antennas, water tanks, ventilators, elevator housing, or other similar structures placed above the
roof level which are required for the operation and maintenance of a building.
17.145.020 Airport height limitations.
A maximum height limitation of 35 feet is established for all structures on lands contiguous to or
adjoining a utility airport, Lilly Lake and the Kodiak Municipal Airport. This height limitation
applies even if the zoning district in which the property is located permits a greater height
limitation.
A. For all lands contiguous to or adjoining a utility airport, no structures or equipment may be
located in such a manner that any portion of a structure or piece of equipment projects into the
runway clear zone or approach surfaces.
B. For all lands contiguous to or adjoining Lilly Lake and the Kodiak Municipal Airport, no
structures or equipment may be located in such a manner that any portion of a structure or
piece of equipment projects into the approach surfaces or the clear zone.
dedicated to commercial or public use as either primary or accessory structures and uses.
17.145.040 Exemptions.
The following structures are exempt from the regulations of this chapter:
A. Facilities owned by or maintained for the use of the United States military:
B. Facilities constructed for private use: and
C. Temporary structures that will stand for no more than 30 days.
17.145.050 Communications towers as conditional uses.
A. Communications towers are a conditional use in the following zoning districts:
1. Chapter 17.35 KIBC. W — Watershed District
2. Chapter 17.45 KIBC. NU — Natural Use District
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3. Chapter 17.50 KIBC, C - Conservation District
4. Chapter 17.55 KIBC, RD - Rural Development District
5. Chapter 17.90 KIBC, B - Business District
6. Chapter 17.95 KIBC, RNC - Rural Neighborhood Commercial District
7. Chapter 17.100 KIBC, UNC - Urban Neighborhood Commercial District
8. Chapter 17.105 KIBC, I - Industrial District
9. Chapter 17.110 KIBC, RB - Retail Business District
10. Chapter 17.120 KIBC, LI - Light Industrial District
11. Chapter 17.130 KIBC, PL - Public Use Lands District
B. Communications towers are a prohibited use in all other zoning districts.
17.145.060 Application requirements.
In addition to providing the information specified in this title for conditional uses, an
application for a conditional use permit for the construction of a communications tower or
placement of a telecommunications antenna on an existing structure other than a tower or
antenna previously permitted must include the following information:
A. A copy of the specifications for the proposed structures and antennas, including
description of the design characteristics and material;
B. A site plan drawn to scale showing property boundaries, tower location, tower height,
uses on adjacent property;
C. A current map showing locations of all of the applicant's antennas, facilities, existing
towers, and proposed towers within the borough;
D. Names of the owners of the tower, antennas and equipment to be located on the site;
E. Evidence that a valid FCC license for the proposed activity has been issued, if required;
F. A copy of the FAA determination as to whether the tower poses an aviation hazard,
including the safety lighting and marking required bV FAA, if any, and whether preferences
or requests for deviations from such marking and lighting systems were submitted;
G. A written agreement,, -to remove the tower and/or antenna within 180 days after the tower
or antenna is substantially unused for a period of 12 consecutive months;
H. A visual impact analysis that quantifies the amount of visual impact on properties
located within 1,000 feet of any proposed tower under 65 feet or within 2,500 feet of any
proposed tower over 65 feet. Such analysis should include, to the extent practicable, the
visual impact from at least two of the four compass directions, and show the relationship
of the tower and its facilities against the massing of surrounding structures, trees, and
other intervening visual masses. This analysis will include recommendations to mitigate
adverse visual impacts on other properties;
I. An alternative site analysis including the availability of suitable existing towers and other
alternative structures or locations for the proposed tower considered by the applicant; and
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17.145.070 Approval criteria.
shall
following criteria:
A. Location and Visual Impact. The proposed communications tower, antenna or
accessory structure will be placed in a reasonably available location which will minimize
applicable regulations and applicant's technical requirements without unreasonable
modifications on any existing structure or communications tower.
C. Necessity for Location in a Residential Neighborhood. A permit should not be issued in
a residential neighborhood unless the area cannot be adequately served by a facility
placed in a nonresidential area for valid technical reasons. Conditions may be imposed to
lessen the impact of a communications tower on a residential neiahborhood. includina
yard maintenance, and similar requirements.
D. Design for Future Use. A new tower must be designed to accommodate additional
antennas equal in number to the applicant's present and reasonably foreseeable future
requirements.
E. Collocation. A permit shall be conditioned to require the applicant to make the tower
available for use by as many other licensed carriers as can be technically collocated
thereon when the use will not result in substantial injury to the owner, or in substantial
:Ya
of collocation.
nical
F. Illumination. A communications tower may not be illuminated unless otherwise required
by state or federal law or regulations or unless evidence has been presented that lighting
is necessary to ensure the safety of the public. To prevent direct light reflection on other
property, tower structure lighting shall be shielded to the extent permitted by the Federal
Aviation Administration.
G. Distance from Existing Tower. A permit for a proposed tower within 1.000 feet of an
existing tower shall not be issued unless the applicant certifies that the existing tower
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H. Yard Area Requirements. Yards shall be a distance equal to at least 50 percent of the
height of the tower from a lot line. The planning and zoning commission may modify this
I. Height. The permitted height of a proposed tower shall be no higher than technically
required to satisfy the specific purpose of the tower and will consider the impact on the
surrounding uses.
J. Zoning District Standards. Nothing in this section alters the requirements for visibility,
fencing, screening, landscaping, parking, access, lot size, exterior illumination, sign,
storage, or other general zoning district regulations, except yard and height requirements,
of any specific zone. Yard and height requirements in this section shall apply.
K. Design Drawings and Specifications. A permit shall be conditioned to require the
applicant to submit design drawings and specifications stamped by a registered
professional in the state of Alaska certifying compliance with the building code of the
authority having jurisdiction.
L. Compliance with Other Laws. A proposed tower must comply with all local, state, and
federal laws.
and number, and a certification that the tower is designed to withstand winds in
accordance with ANSI/EIA/TIA 222 (latest revision) standards.
Effective Date: This ordinance takes effect upon adoption.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS TWENTY THIRD DAY OF MARCH, 2018.
KODIAK ISLAND BOROUGH
A. Rohrer, Mayor
ATTEST:
ti
Nova M. Javier, M Jerk
VOTES:
Ayes: Kavanaugh, Schroeder, Skinner, Smiley, Symmons, Van Daele
Noes: Crow
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