FY2022-14 Amending Kodiak Island Borough Code Section 17.145.070 Regarding Communication Tower Approval CriteriaI Introduced by: Community Development Department thru the Mayor
2 Drafted by: Community Development Director
3 Introduced on: 04/07/2022
4 Public Hearing Date:04/21/2022
5 Adopted on: 04/21/2022
6 KODIAK ISLAND BOROUGH
7 ORDINANCE NO. FY2022-14
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9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING
10 KODIAK ISLAND BOROUGH CODE SECTION 17.145.070 REGARDING THE
11 COMMUNICATION TOWER APPROVAL CRITERIA
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13 WHEREAS, on March 23, 2018, the Assembly adopted Ordinance No. FY 2018-17 adding
14 communication towers as a conditional use in eleven zoning districts and setting out application
15 requirements and approval criteria which supplement the default approval criteria for conditional
16 use permits in KIBC 17.200.050; and
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18 WHEREAS, when Ordinance No. FY2018-17 adopted Kodiak Island Borough Code (KIBC)
19 17.145.070, it was silent on the requirement for a public hearing and established a sixty (60) day
20 time limit from application to Planning Commission decision on a conditional use permit
21 application for a communications tower; and
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23 WHEREAS, all conditional use permit applications under KIBC 17.200 are subject to a ninety
24 (90) day review period and public hearing; and
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26 WHEREAS, the Assembly finds that the risk of confusion is reduced, and the public interest
27 served, by resolving inconsistencies for action on conditional use permit applications; and
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29 WHEREAS, the Planning and Zoning Commission has reviewed the proposed amendment
30 pursuant to KIBC 17.205.020 and has recommended approval of the amendment.
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32 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
33 BOROUGH that:
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35 Section 1: Classification. Section 2 of this ordinance is of a general and permanent nature
36 and shall become a part of the Code of Ordinances of the Kodiak Island Borough.
37 The remainder shall not be codified.
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39 Section 2: Kodiak Island Borough Code section 17.145.070, Approval Criteria, is amended to
40 read as follows:
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42 17.145.070 AppFeva!-Criteria Approval Process and Criteria
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Kodiak Island Borough, Alaska Ordinance No. FY2022-14
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Except as modified by this chapter, conditional use permits for communication towers will be
processed following the procedures for all conditional use permits set out in KIBC Chapter 17,200.
The commission shall hold- a publichearing on each properly submitted a0plication for a
communication tower or other tall structure permit within 90 days after the date of the next
available meeting agenda deadline. The community development department shall dive notice of
the hearing in the same manner prescribed for variances in KIBC 17.195.040. Nihin 60 ';�"`
from •app�j cation, *o& pla nn ingeod4;omrniission approve,
deRy a pex -0 the �*3RM After the public
hearing, the commission shall render its decision,_ unless such time limit has been extended by
common consent and agreement of the applicant and the commission. In addition to the criteria
in KIBC 17.200.050, the commission shall consider the following criteria specific to
communication towers:
A. Location and Visual Impact. The proposed communications tower, antenna or accessory
structure will be placed in a reasonably available location which will minimize the visual impact on
the surrounding area and allow the facility to function in accordance with minimum standards
imposed by the applicable communications regulations and applicant's technical design
requirements. Conditions may be imposed, including camouflage, screening, vegetative buffers
and/or site requirements, to ensure this criteria is met.
64 B. Inability to Locate on an Existing Structure. A permit should not be issued unless a proposed
65 antenna and equipment cannot be accommodated and function as required by applicable
66 regulations and applicant's technical requirements without unreasonable modifications on any
67 existing structure or communications tower.
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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 neighborhood, including limitations on times for
maintenance work to be performed, number of vehicles present, 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 detriment to the service to the
customers of the owners. All licensed carriers shall cooperate with each other in collocating
additional facilities upon such towers. All licensed carriers shall exercise good faith in collocating
with other licensed carriers and in the sharing of towers, including the sharing of technical
information to evaluate the feasibility of collocation.
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.
88 G. Distance from Existing Tower. A permit for a proposed tower within 1,000 feet of an existing
89 + tower shall not be issued unless the applicant certifies that the existing tower does not meet the
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Kodiak Island Borough, Alaska Ordinance No. FY2022-14
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applicant's structural specifications and the applicant's technical design requirements, or that a
collocation agreement could not be obtained.
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 requirement if
the tower and equipment will be adequately screened to mitigate its visual impact and no safety
hazards are presented.
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.
M. A report from a structural engineer registered in the state of Alaska showing that the tower
will contain only equipment meeting FCC rules, the tower antenna capacity by type 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 at midnight on the day of adoption of this ordinance.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS TWENTY FIRST DAY OF APRIL, 2022.
KODIAK ISLAND BOROUGH
All ST:
V - I -A -
William Roberts, Mayor
VOTES:
Ayes: Arndt, Delgado, Smith, Turner, and Williams.
Noes:
Kodiak Island Borough, Alaska
Nova M. Javier, MMC, (Borough Clerk
Ordinance No. FY2022-14
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