14.20.255 Communications Towers and Communications Antenna(s).
(a) The purpose of this section is to establish a process, rules and standards for the construction of wireless telecommunication facilities to:
(1) Protect and promote the public health, safety and welfare;
(2) Provide guidelines for the siting and design of wireless communication facilities;
(3) Protect the City’s environmental resources and to minimize adverse impacts on visual resources;
(4) Ensure that wireless telecommunication facilities are compatible with adjacent land uses;
(5) Minimize the number of towers by encouraging the joint use (co-location) of facilities and by maximizing the use of existing towers and structures;
(6) Allow competition in telecommunications service; and
(7) Enhance the ability to provide wireless telecommunication services to City residents, businesses and visitors.
(b) 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 directional or panel antennas, owned or operated by any person or entity required to be licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private residence mounted satellite dishes or television antennas or amateur radio equipment including without limitation ham or citizen band radio antennas.
(3) “Carrier on wheels” or “cell on wheels (COW)” means a self-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, including any foundation, 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.
(c) Permits.
(1) Administrative Permit.
(A) If allowed as a principal permitted use under 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.
(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 freestanding or guyed communications tower, as long as it does not extend more than thirty feet (30') 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 feet (35') in a zone, a communications tower/antenna may be placed on it provided that it is not more than thirty feet (30') above the highest part of the building.
(2) Conditional Use Permit. If allowed as a conditional use under KMC 14.22.010 and after notice and public hearing as set forth under KMC 14.20.280, 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. A written narrative shall be submitted with the application explaining why the proposed site has been chosen, why the proposed telecommunication facility is necessary, why the requested height was chosen, ability of the facility to accommodate other providers, and any other information requested. 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 (1) 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 communications 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 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) A line of sight analysis showing the potential visual and aesthetic impacts on adjacent residential districts including photo simulations of the proposed facility from each direction shall be provided showing the tower, all antennas, structures, and equipment facilities, demonstrating the true impact of the facility on the surrounding visual environment. The Planning Department will assist in specifying recommended vantage points and the requested number of photo simulations;
(I) A written agreement, on a form approved by the City Attorney, to remove the communications tower/antenna(s) within one hundred eighty (180) days after the communications tower/antenna(s) is substantially unused for a period of twelve (12) consecutive months. If a facility is unused or if a facility becomes obsolete due to changing technology, it shall be the responsibility of the tower owner and/or property owner to remove the tower and to restore the site to its original condition within sixty (60) days. If the tower is not removed within this sixty (60) day period, the City of Kenai may notify the tower owner that it will contract for removal at the cost of the owner.
(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 subsections (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.
(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 a nonresidential district for valid technical reasons.
(D) Location on public property or other private property not suitable. Prior 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. Towers and attached antennas must be painted or coated in a color that blends with the surrounding environment. Muted colors, earth tones, and subdued hues, such as gray, shall be used. All associated structures such as equipment buildings, including the roofs, shall be painted with earth tone colors 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 one thousand feet (1,000') of an existing 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 engineer properly licensed in the State of Alaska 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 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 or as required by the Federal Communications Commission, 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 (8') to limit accessibility to the public.
(d) 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 thirty-five feet (35') may be permitted; height exceeding thirty-five feet (35') requires a variance.
(B) In the CG, ED, R, IL and C Districts a freestanding or guyed communications tower with height not exceeding one hundred fifty feet (150') may be permitted; height exceeding one hundred fifty feet (150') requires a variance.
(C) In the IH District a freestanding or guyed communications tower with height not exceeding three hundred feet (300') may be permitted; height exceeding three hundred feet (300') requires a variance.
(D) In the RR district a freestanding or guyed communications tower with height not exceeding one hundred fifty feet (150') may be permitted on lots larger than ten (10) acres; height exceeding one hundred fifty feet (150') requires a variance.
(E) In the RR District a freestanding tower with height not exceeding thirty-five feet (35') may be permitted on lots of one (1) acre or less; height exceeding thirty-five feet (35') 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') 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 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 one hundred fifty percent (150%) of the maximum height allowed under this section.
(e) Amateur Radio Towers. The Planner shall issue a permit for an amateur radio tower if the applicant meets the criteria of KMC Title 4 (Uniform Codes) and AS 29.35.141 (including height limitations).
(f) 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 feet (20') in length and not exceed seven inches (7") 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 feet (10') in length and two feet (2') in width 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.
(C) Cylinder-type antennas shall not exceed ten feet (10') in length and not exceed twelve inches (12") 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 and microwave dishes shall not exceed ten feet (10') in diameter. Dish antennas greater than three feet (3') in diameter shall be 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.
(g) Stealth Communications Facilities. It is the intent of this section that use of stealth communications facilities within the City of Kenai is encouraged.
(h) Variances. Variances from other general zoning district regulations, including setbacks, may be granted as allowed under KMC 14.20.180.
(i) 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.
(j) 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.
(k) 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 forty-five (45) days, unless extended by agreement, may be considered by the applicant to be a denial of the permit which is subject to appeal to the Board of Adjustment.
(Ord. 2425-2009)