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FY2018-17 Amending Various Sections Of Title 17 To Provide For Additional Regulation Of Communications Towers1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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 Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2018-17 Page 1 of 10 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 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 Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2018-17 Page 2 of 10 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 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 Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2018-17 Page 3 of 10 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 "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. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2018-17 Page 4 of 10 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 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. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2018-17 Page 5 of 10 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 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; Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2018-17 Page 6 of 10 270 271 272 273 k74 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 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 Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2018-17 Page 7 of 10 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 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 Kodiak Island Borough, Alaska Deletion - Red, Strikeout Insertion - Bold, Blue, Underlined Ordinance No. FY2018-17 Page 8 of 10 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 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 Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2018-17 Page 9 of 10 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 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 Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2018-17 Page 10 of 10