Towers and Other Tall Structures
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. [Ord. FY2018-17 §2, 2018; Ord. 83-71-O §1, 1983. Formerly §17.39.010].
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. [Ord. FY2018-17 §2, 2018; Ord. 87-09-O §12, 1987. Formerly §17.39.020].
This chapter, except KIBC 17.145.010 and 17.145.020, applies to any communications towers dedicated to commercial or public use as either primary or accessory structures and uses. [Ord. FY2018-17 §2, 2018].
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. [Ord. FY2018-17 §2, 2018].
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.
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. [Ord. FY2018-17 §2, 2018].
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, guy wires and anchors, existing structures, photographs or elevation drawings depicting typical design of proposed structures, parking, fences, landscaping, and existing land 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 by 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
J. Additional information which may be required by the community development department for determination that all applicable laws are met. [Ord. FY2018-17 §2, 2018].
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 Chapter 17.200 KIBC. The commission shall hold a public hearing on each properly submitted application 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 give notice of the hearing in the same manner prescribed for variances in KIBC 17.195.040. 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.
B. Inability to Locate on an Existing Structure. A permit should not be issued unless a proposed antenna and equipment cannot be accommodated and function as required by 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 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.
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 does not meet the 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. [Ord. FY2022-14 § 2, 2022; Ord. FY2018-17 §2, 2018].
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. [Ord. FY2018-17 §2, 2018; Ord. 83-71-O §1, 1983. Formerly §17.39.010].
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. [Ord. FY2018-17 §2, 2018; Ord. 87-09-O §12, 1987. Formerly §17.39.020].
This chapter, except KIBC 17.145.010 and 17.145.020, applies to any communications towers dedicated to commercial or public use as either primary or accessory structures and uses. [Ord. FY2018-17 §2, 2018].
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. [Ord. FY2018-17 §2, 2018].
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.
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. [Ord. FY2018-17 §2, 2018].
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, guy wires and anchors, existing structures, photographs or elevation drawings depicting typical design of proposed structures, parking, fences, landscaping, and existing land 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 by 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
J. Additional information which may be required by the community development department for determination that all applicable laws are met. [Ord. FY2018-17 §2, 2018].
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 Chapter 17.200 KIBC. The commission shall hold a public hearing on each properly submitted application 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 give notice of the hearing in the same manner prescribed for variances in KIBC 17.195.040. 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.
B. Inability to Locate on an Existing Structure. A permit should not be issued unless a proposed antenna and equipment cannot be accommodated and function as required by 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 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.
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 does not meet the 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. [Ord. FY2022-14 § 2, 2022; Ord. FY2018-17 §2, 2018].
Towers and Other Tall Structures
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. [Ord. FY2018-17 §2, 2018; Ord. 83-71-O §1, 1983. Formerly §17.39.010].
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. [Ord. FY2018-17 §2, 2018; Ord. 87-09-O §12, 1987. Formerly §17.39.020].
This chapter, except KIBC 17.145.010 and 17.145.020, applies to any communications towers dedicated to commercial or public use as either primary or accessory structures and uses. [Ord. FY2018-17 §2, 2018].
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. [Ord. FY2018-17 §2, 2018].
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.
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. [Ord. FY2018-17 §2, 2018].
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, guy wires and anchors, existing structures, photographs or elevation drawings depicting typical design of proposed structures, parking, fences, landscaping, and existing land 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 by 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
J. Additional information which may be required by the community development department for determination that all applicable laws are met. [Ord. FY2018-17 §2, 2018].
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 Chapter 17.200 KIBC. The commission shall hold a public hearing on each properly submitted application 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 give notice of the hearing in the same manner prescribed for variances in KIBC 17.195.040. 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.
B. Inability to Locate on an Existing Structure. A permit should not be issued unless a proposed antenna and equipment cannot be accommodated and function as required by 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 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.
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 does not meet the 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. [Ord. FY2022-14 § 2, 2022; Ord. FY2018-17 §2, 2018].
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. [Ord. FY2018-17 §2, 2018; Ord. 83-71-O §1, 1983. Formerly §17.39.010].
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. [Ord. FY2018-17 §2, 2018; Ord. 87-09-O §12, 1987. Formerly §17.39.020].
This chapter, except KIBC 17.145.010 and 17.145.020, applies to any communications towers dedicated to commercial or public use as either primary or accessory structures and uses. [Ord. FY2018-17 §2, 2018].
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. [Ord. FY2018-17 §2, 2018].
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.
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. [Ord. FY2018-17 §2, 2018].
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, guy wires and anchors, existing structures, photographs or elevation drawings depicting typical design of proposed structures, parking, fences, landscaping, and existing land 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 by 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
J. Additional information which may be required by the community development department for determination that all applicable laws are met. [Ord. FY2018-17 §2, 2018].
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 Chapter 17.200 KIBC. The commission shall hold a public hearing on each properly submitted application 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 give notice of the hearing in the same manner prescribed for variances in KIBC 17.195.040. 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.
B. Inability to Locate on an Existing Structure. A permit should not be issued unless a proposed antenna and equipment cannot be accommodated and function as required by 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 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.
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 does not meet the 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. [Ord. FY2022-14 § 2, 2022; Ord. FY2018-17 §2, 2018].