Loading...
HomeMy WebLinkAbout2009-05-27 Planning & Zoning Packet - Work SessionCITY OF KENAI PLANNING & ZONING COMMISSION Work Session Reminder Immediately Following The MEETING May 27, 2009 - Amendment to Kenai Municipal Code - KMC 14.20.255 -Communication Towers - ~,~L~~m~sefapel~ite~yPi~~n~.,~Y;~~, ~~'~.~ Suggested by: Planning and Zoning Commission --_ -_y.~ry5ff=~_. the crfy o f f.'ITY OF KENAI IfENAv SKA ORDINANCE NO. *-2009 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTING KMC 14.20.255 ESTABLISHING A PROCESS FOR THE REGULATION AND PLACEMENT OF COMMUNICATIONS TOWERS WITHIN THE CITY OF KENAI AND AMENDING THE LAND USE TABLE.IN KMC 14.22.010 TU; PROVIDE THAT COMMUNICATIONS TOWERS ARE A CONDITIONAL [1SE IN THE RR AND CMU ZONE WHEREAS, the City of Kenai has enacted the Ket~~ti 7.drri~~, Code, in KMC 14.20; and, WHEREAS, the Kenai Zoning does not cont~l~. ~i "compreheir~i<<~e regulation of the establishment and placement of communf'~~#iails towers in its ,z~~ing code; and, WHEREAS, due to the proliferation of cell ~I`iorif• use wifihin the Unlt~d States and Alaska there is a rapid growtrr in the number r~~~ ~~n1~u~tr~~ications towcz°~ being established; and, ~ WHEREAS, the Federal Telecomm~~zi~ca~t~hs Aet ~~f 1~7~~~ places limitations on the manner in which local governments ~i~zy- rc•~;~il~~tr~ comiTiur~ications towers; and, WHEREAS, it is in tt~ l~~~f ink~rest of th~e,City Cris I{~r~~~ ,end its' citizens to enact an ordinance regulatir~~; the estal~li~hment~ixcl t~la~ement ~aI' c;ammunications towers within the City's bo~i~c~~ries tha~tis in coni'c~r tnaiice with the Federal Telecommunications lei cif ]9~)~~, __ NOW, THCR~FC~RC; BIB, I"1` t~l~pAINI~JT~ ~~',TH~~C''OUNCIL OF THE CITY OF KENAI, ALASIir1, ~liat; 1) tli~ C'ily of F~et~i Code ~f C~zc~inanees is hereby amended by adding a new se~~lit_~n to be numl7ered Iil~rC; 14.20.255 as shown irr Attachment "A" and 2) KMC 14.22.DI(~ is amended as 5I1c~~1~n in c~t~ Attachment "B." '' E PASSED BY THE COUNCIL C)F THE CITY OF KENAI, ALASKA, this * day of *, 2009. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: New Text i3nderlined; [DELETED TEXT' BAACI{E1'ED] Ordinance No. *-2009 Attachment "A" Page 1 of 7 K1VIC 14.20.255 Communications Towers and Communications Antenna(s) (a) Definitions. For purpose of this section, the following definitions apply: (1) "Communications tower" means a tower, monopole, pole or similar structure which supports a telecommunications antenna operated above ground in a fixed location, free-standing, guyed, or on a building or other structure. An amateur radio tower is not a "communications tower" under this section. (2) "Communications Antenna(s)" means any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals, including without limitation omni directional or whip antennas and direction or panel antennas, owned or operated by an person or entity required to be licensed by the Federal Cornrnunications Commission (FCC) to operate such device. This definition shall not include private residence mounted satellite dishes or television antennas ar amateur radio equipment including without limitation ham or citizen band radio antennas. (~) "Carrier on Wheels or Cell on Wheels (COW)" means aself-contained site that can be moved to a location and set up to provide personal wireless services on a temporary or emergency basis. A COW is normally vehicle- mounted and contains a telescoping boom as the antenna support structure. (4) "Height" of a communications tower is the distance from the base of the tower to the top of the structure. (5) "Stealth Communications Facility" means any telecommunications tower/antenna that is integrated as an architectural feature of a structure so that the purpose of the facility for providing wireless services is not readily apparent to a casual observer. (b) Permits. (1) Administrative Permit. (A) if allowed as a principal permitted use undex KMC 14.22.010 a communications tower shall be permitted by the Planner upon a determination that all of the applicable conditions of this section have been met. Ordinance No. *-2009 Attachment "A" Page 2 of 7 (B} Permitted height above structure. In all zones, the Planner may issue a permit for a communications tower to be mounted on an existing building, or structure other than a free standing or guyed communications tower, as long as it does not extend more than thirty (30) feet above the highest part of the structure and the applicable conditions of this section have been met. For example, if a building was constructed to its maximum allowed height of thirty-five (35) feet in a zone, a communications tower/antenna may be placed on it provided that it is not more than thirty (30) feet above the highest part of the building. (2) Conditional Use Permit. If allowed as a Condition Use under KMC 14.22.010 and after notice and public hearing as set forth under KMC 14.10.280, a communications tower shall be permitted by the Planning and Zoning Commission upon a determination that all of the conditions of this section and KMC 14.20.150 have been met. (3) Application requirements. The applicant for a permit for construction of a communications tower must file with the planning and Zoning Department an application accompanied by the following documents, if applicable: (A) One copy of specifications for proposed structures and communications antenna(s), including description of 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 drawing depicting typical design of proposed structures, parking fences, landscape plan, and existing land uses on adjacent property; (C) A current map, or update for an existing map on file, showing locations of applicant's communications towers/antenna(s}, facilities and proposed communications towers/antenna(s) which are reflected in public records, serving any property within the city; (D) A report from a structural engineer registered under AS 08.48 in the State of Alaska showing the cornrnunications tower/antenna capacity by type and number, and a certification that the tower/antenna is designed to withstand winds in accordance with the latest revision of ASI/EIA/TIA/222 standards ("Structural Ordinance No. *-2009 Attachment "A" Page 3 of 7 standards for steel communications antenna towers and communications antenna. supporting structures"); (E) Identification of the owners of the communications tower/antenna(s) and equipment to be located on the site; (F) Written authorization from the site owner for the application; [G) Evidence that a valid FCC license for the proposed activity has been issued; (H) Aline of sight analysis showing the potential visual and aesthetic impacts on adjacent residential districts; (I) A written agreement, on a form approved by the City Attorney, to remove the communications tower/antenna(s) within 180 days after the communications tower/antenna(s) is substantially unused for a period of 12 consecutive months; (J) A cell phone coverage map showing the applicant's cell phone coverage within the City of Kenai; (K) Evidence that applicable conditions in subsection (b)(4) are met; (L) Additional information required by the Planning and Zoning Department for determination that all applicable zoning laws are met. (4) Conditions. For permits issued under subsection (b) and (c) of this section, the applicant must show that all applicable conditions are met as follows: (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. {B) Inability to locate on an existing structure. The applicant must show that a proposed communications tower/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 tower under control of the applicant. Ordinance No. *-2009 Attachment "A" Page 4 of 7 (C) Necessity for location in a residential district. Applicant for a permit in a residential district must show that the area cannot be adequately served by a facility placed in anon-residential district for valid technical reasons. (D} Location on public property ar other private property not suitable. Frior to consideration. for a permit for location on private property which must be acquired, applicant must show that available publicly owned sites, and available privately owned sites occupied by a compatible use, are unsuitable for operation of the facility under applicable communications regulations and applicant's technical design requirements. (E) Design for future use. The applicant must show that a new communications tower is designed to accommodate additional communications antenna{s) equal in number to applicant' s present and reasonable foreseeable future requirements. (F) Safety code met. The applicant must meet all applicable health, nuisance, noise; fire building and safety code requirements. (G) Paint. A communications tower/antenna must be either unpainted or painted in anon-contrasting grey or similar color unless otherwise required under KMC 14.20.150 or by state or federal law or regulations. {H) Distance from existing tower. A permit for a proposed communications tower within 1,000 feet of an exaisting communications tower shall not be issued unless the applicant certifies that the existing tower does not meet applicant's structural specifications and applicant's technical design requirements, or that a collocation agreement could not be obtained. (I) FCC rules. The applicant must show by certificate from a registered engineer that the proposed facility will contain only equipment meeting FCC rules. (J) Application of zoning rules. Land development regulations, visibility, fencing, screening, landscaping, parking, access, lot size, exterior illumination, sign, storage, and all other general zoning district regulations except setback height, shall apply to the use. Setback and height conditions in this section shall apply. (K} Setback. In all zones, a communications tower must be a minimum distance equal to the height of the communications tower from Ordinance No. *-2009 Attachment "A" Page 5 of 7 all lot lines. No variance from the setback requirements of this section may reduce the minimum setback distance to below a distance equal to fifty percent (50%) of the height of the tower from a lot line. (L) No advertising is permitted of the communication tower with the exception of identification signage. (M) No signs or lighting shall be mounted on a communications tower except those reasonably needed for safety purposes ar as required by the Federal Communications Comrriission, Federal Aviation Administration or other government agency with jurisdiction. (N) The communications towers shall be secured by a fence with a minimum height of eight feet to limit accessibility to the public. {c) Height. (1) The height limitation on communications towers permitted or allowed by conditional use are as follows; (A) In the RR-1, RS, RS1, RS2, RU, CC, LC CMU and TSH districts a freestanding communications tower with height not exceeding 35 feet maybe permitted; height exceeding 35 feet requires a variance. (B) In the CG, ED, R, IL and C Districts a freestanding or guyed communications tower with height not exceeding 150 feet may be permitted; height exceeding 150 feet requires a variance. (C} In the IH District a freestanding or guyed communications tower with height not exceeding 300 feet maybe permitted; height exceeding 300 feet requires a variance. (D) In the RR district a freestanding or guyed communications tower with height not exceeding 150 feet may be permitted on lots larger than 10 acre; height exceeding i50 feet requires a variance. (E) In the RR District a freestanding tower with height not exceeding 35 feet may be permitted an lots of one acre or less; height exceeding 35 feet requires a variance. {F) Height limitation near the Kenai. Municipal Airport. Regardless of zone, all communications tower(s)/Antenna(s) in aircraft-approach zones and within eight thousand feet (8,000) feet of the main-runway shall be subject to height limitation on the basis of obstruction criteria as shown on the current FAA-approved Kenai Airport Master Plan drawings which Ordinance No. *-2009 Attachment "A" Page 6 of 7 are on file at Kenai City Hall. No variance may be granted under KMC 14.20.190 that deviates from this requirement. (G) Height variances. A freestanding or guyed communications tower/antenna exceeding height limitations may be permitted by the Planning and Zoning Commission as a variance under KMC 14,20.180. No height variance may be granted that exceeds 150% of the maximum height allowed under this section. (d) Amateur Radio Towers. The Planner may issue a permit for an amateur radio tower if the applicant meets the criteria of KMC Title 4 (Uniform Cades) and AS 29.35.141 {including height limitations). {e) Antennas located on existing structures. (1) Antennas and accessory equipment are permitted in all zoning districts when located on any existing structure, including, but not limited to buildings, water tanks, utility poles, broadcast towers or any existing support structure in accordance with the requirements of this section. (2} Antennas and accessory equipment may exceed the maximum building height limitations, subject to the height limitation of this section and provided the antennas and accessory equipment are in compliance with the requirements of this section. {3) Each antenna mounted on an existing structure and any accessory equipment shall meet the following standards: (A) Omni directional or whip antennas shall not exceed twenty (20) feet in length and not exceed seven (7) inches in diameter and shall be of a color that is identical or similar to the color of the supporting structure to make the antenna and related accessory equipment visually unobtrusive. {B) Directional or panel antennas shall not exceed ten (10) feet in length and two {2) feet in width shall be of a color that is identical or similar to the color of the supporting structure to make the antenna and related accessory equipment visually unobtrusive. (C) Cylinder-type antennas shall not exceed ten (10) feet in length and not exceed twelve (12} inches in diameter and shall be of a color that is identical to or similar to the color of the supporting structure to make the antenna and related accessory equipment visually unobtrusive. (D) Satellite anal microwave dishes shall not exceed ten { 10) feet in diameter. Dish antennas greater than three (3) feet in diameter shall be Ordinance Na. *-2009 Attachment "A" Page 7 of 7 screened with an appropriate architectural treatment that is compatible with or integral to the architecture of the building to which they are attached. This screening requirement shall not apply to dishes located upon towers or monopoles. (E} Other antenna types not specifically mentioned above shall be permitted if they are not significantly greater in size and will have a visual impact no greater than the antennas listed above. This provision is specifically included in this section to allow for future technological advancements in the development of antennas. (fl Stealth Communications Facilities. It is the intent of this ordinance that use of stealth communications facilities within the City of Kenai is encouraged. {g) Variances. Variances from other general zoning district regulations, including setbacks, maybe granted as allowed under KMC 14,20.150. (h) Exemptions. Ordinary maintenance of existing telecommunications towers, antennas and support structures shall be exempt from the requirements of this section. In addition, the following facilities are not subject to the provisions of this section: 1) antennas used by residential households solely for noncommercial broadcast and radio reception; 2} satellite antennas used solely for residential and household purposes; 3) the Planner may issue an administrative permit for COWS to be used temporarily for testing purposes or emergency communications. "Temporary" shall mean the COW is removed within seventy-two ('72} hours following the termination of testing or emergency communication needs. (i) Decision. A decision to issue or deny a permit must be in writing and supported by substantial evidence in the record. No decision regulating the placement, construction or modification of a communications tower may be made on the basis of environmental {i.e. health) effects of radio frequency emission if the facility complies with Federal. Communications Commission (FCC) regulations. (j) Appeals The applicant may appeal to the Board of Adjustment pursuant to KMC 14.20.290. Failure of the Planning and Zoning Commission to act on an application which is determined to be complete under this section within 45 days, unless extended by agreement, maybe considered by the applicant to be a denial of the permit which is subject to appeal to the Board of Adjustment.