HomeMy WebLinkAboutOrd2020-012 Sponsored by: Planning&Zoning Commission
Introduction Date: September 28, 2020
Public Hearing Date: October 12, 2020
Enactment Date: October 12, 2020
CITY OF SEWARD,ALASKA
ORDINANCE 2020-012
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING SEWARD CITY CODE CHAPTER 15
REGARDING COMMERCIAL COMMUNICATIONS TOWERS TO
PROVIDE SPECIAL PROVISIONS FOR SUCH LAND USE
WHEREAS, Seward City Code Title 15, provides for commercial communications
towers in the City of Seward; and
WHEREAS, Planning and Zoning Commission staff has completed a review of portions
of the City Code relating to commercial communications towers in the City of Seward; and
WHEREAS, upon review, staff determined it important to provide a subsection of
Article 2. — District Regulations specific to Commercial Communication Towers with the intent
to provide for the purpose behind the ordinance and the special provisions for such a land use;
and
WHEREAS, the Planning and Zoning Commission held three (3) public work sessions
on June 16, July 21, and August 18, 2020 to discuss code provisions addressing the process and
standards for permitting communications towers; and
WHEREAS, at its September 1, 2020 meeting, the Planning and Zoning Commission
held a public hearing and recommended City Council approval of the proposed commercial
communication tower code amendments.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA HEREBY ORDAINS that:
Section 1. Seward City Code Chapter 15.10 Planning and Land Use Regulations, Seward
Zoning Code is hereby amended to read as follows:
(Deletions are ;Additions are italicized, underlined, and
bolded.)
15.10.140 Definitions (b)
b. Specific definitions. (Parenthetical references are for cross-reference only.) In this chapter,
unless otherwise provided or the context otherwise requires:
* * *
CITY OF SEWARD, ALASKA
ORDINANCE 2020-012
27. Commercial Communications tower. A structure intended to support equipment used to
transmit and/or receive communication signals including monopoles, guyed and lattice steel structures.
This definition does not include a tower that supports only one or more amateur radio antennas.
* * *
15.10.226 Land uses allowed.
* * *
* * *
15.10.226- Land Uses Allowed Table
(Deletions are Bold Stril oughs; Additions are Bold Italic Underline)
Districts: Principally Residential Principally Principally
Commercial Public
Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P
Commercial Communications -0 -0 -0 0 -0 0
tower, commercial satellite
dishes, wireless; towers, CC C CC C
less than
16 feet diameter or 75 feet in
height
Commercial Communications C C C
tower, commercial satellite
dishes, wireless; towers,
poles, and antennas 16 feet
diameter or greater than 75
feet in height
* * *
15.10.250—Commercial Communications Towers.
A. Purpose. The purpose of this section is to establish a process, rules, and standards
for the siting and construction of wireless communication facilities to:
(1) Protect and promote public health, safety and welfare;
(2) Ensure that facilities are compatible with adjacent land uses;
(3) Provide guidelines for the siting and design of communication facilities
(4) Protect the City's environmental and economic resources including the
viewshed;
(5) Minimize the number of towers by encouraging the colocation of facilities
and maximizing the use of existing structures;
(6) Provide for the ability of communications companies to enhance wireless
coverage and capacity services for the City's residents, businesses, and
CITY OF SEWARD, ALASKA
ORDINANCE 2020-012
visitors.
B. Supplemental Definitions.
(1) Total height. The distance as measured from the ground at the preexisting
natural grade to the topmost point of the entire tower and attachments.
(2) Equipment. Refers to satellite dishes, antennas, and other wireless
electronics intended to transmit and/or receive commercial communication
signals.
(3) Stealth facility. Any tower/facility designed to make the structure look like
something other than a wireless facility.
C. Permitting. The Planning Commission may approve a conditional use permit for a
communications tower in the AC', HC, CB, I, RM, and INS zoning districts, subject
to the conditions in this section and sections 15.10.220, 15.10.320.
(1) The application for a conditional use permit for a communications tower shall
include the following information:
(a)A written narrative explaining why the proposed site has been chosen, why
the communications tower is necessary, why the requested height was chosen,
and a full explanation regarding the communication tower's ability to
accommodate other providers;
(b) Specifications for the communications tower and all equipment to be located
on it, including a description of design characteristics and material;
(c)A site plan drawn to scale showing property boundaries, communication
tower location, communication tower height,guy wires and anchors and
existing structures and land uses on the site and on adjacent property;
(d)A map showing the locations of the applicant's existing communications
towers that serve customers within the city, the proposed new communications
tower, expected changes to the applicant's existing coverage and capacity
within the city, and/or other improvements to wireless service;
(e)A report prepared by a person registered as a structural engineer in Alaska
showing the structural capacity of the communications tower, the equipment
type and number to be installed, and that the communications tower and
antennas are designed to withstand winds in accordance with the latest revision
Immo of ANSI/EIA/TIA-222 standards("Structural standards for steel
CITY OF SEWARD, ALASKA
ORDINANCE 2020-012
mai
communications antenna towers and communications antenna supporting
structures");
(n Identification of the person or persons who will own the communication
tower and the equipment that is to be located on it;
(g) Written authorization for the application from the owner of the site;
(h) Evidence that the applicant has a valid FCC license for the use of the
communications tower;
(i) A line of sight analysis showing the potential visual and aesthetic impacts of
the communications tower on adjacent residential districts through the use of
photo simulations of the communications tower, including all antennas,
structures, and equipment, using three vantage points and photo simulations
from locations requested by the planning department;
(I) A written agreement, on a form approved by the city attorney, to remove the
communications tower and restore the site to its original condition, and
consistent to the natural grade, within one hundred eighty days after the
communications tower is substantially unused for a period of twelve
consecutive months, and providing that if the communications tower is not
removed within this one hundred eighty-day period, the city may remove the
communications tower at the cost of the owner;
(k)Any additional information required by the planning department during the
application process for determination that all applicable zoning laws are met.
(2) For permits issued under subsection (1.) of this section, the applicant must show
all applicable conditions are met as follows:
(a) Location and Visual Impacts.
(i) The proposed location shall minimize the visual impact on the
surrounding area while allowing the communications tower to function in
accordance with minimum standards imposed by the applicable
communications regulations and the applicant's technical design
requirements.
(ii) Communications towers and attached antennas and equipment must be
a color that blends with the surrounding environment or complementary to
the viewshed. Muted colors, earth tones, and subdued hues, such as gray,
CITY OF SEWARD, ALASKA
ORDINANCE 2020-012
6r
are preferable. All associated structures such as equipment buildings,
including the roofs, shall be painted with earth tone colors unless otherwise
required under this code or other applicable law.
(iii) Where necessary to make a communications tower compatible with the
historical, environmental or cultural character of its location, the Planning
Commission may require that the communications tower be stealth facility,
hidden, or integrated as an architectural feature of a structure, to reduce its
visual impact.
(b) Inability to Collocate.
(i) The applicant must show that it is not feasible to locate the proposed
communications antenna and equipment on an existing structure within the
area required for service. New towers shall be designed to allow collocation
of an equal number of facilities to the applicants present and reasonably
foreseeable future requirements.
(ii)A communications tower shall not be approved if it is located within
one-half mile (two thousand six hundred forty feet) of an existing
s"' communications tower, unless the applicant certifies that the existing
communications tower does not meet the applicant's structural
specifications and technical design requirements, or that a collocation
agreement could not be obtained.
(c) Setbacks and Safety.
(i) In all allowable zoning districts, a communications tower must be located
no less than a distance equal to the factor of 1.1 of the tower height from
any lot line; or the towers highest engineered breaking point, as certified
from a person registered as a structural engineer in Alaska.
(ii) The tower and facilities will be fenced for security and screening
Qurposes, fencing shall be a minimum of 6 feet in height. Landscaping may
be required as additional screening buffer between land uses.
(iii) The structure and accessory facilities shall meet all applicable laws and
code requirements including but not limited to health, nuisance, noise, fire,
building, and safety code requirements.
(d) Zoning Requirements. With the exception for those requirements,
Lr established within this section, the commercial communications tower must
CITY OF SEWARD, ALASKA
ORDINANCE 2020-012
r..r'
comply with all applicable zoning laws and regulations, including all laws
governing land development,parking, lot size, and storage.
(e) Signs. No signs may be located on a communications tower except for
identification signage, and safety signage as required by law, regulation,
and standards.
(f) Lighting No lighting may be located on a communications tower except as
reasonably required for safety purposes or as required by the Federal
Communications Commission, Federal Aviation Administration or other
government agency with jurisdiction.
(g) Height. The height of a communications tower may not exceed the
maximum tower height specified in the conditional use permit or in this
section.
(h) Towers located on existing buildings. A communications tower may be
mounted on an existing building, as long as it does not extend more than
thirty feet(30') above the roofline and the applicable conditions of this
section have been met. For example, if a building was constructed to its
maximum allowed height of thirty-four feet (34') 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.
(i) Variances to development requirements may be granted pursuant to
applications as provided for in SCC 15.10.325
(3) For permits issued under subsection (1.) of this section,
(a) No decision regulating the placement, construction or modification of a
communications tower may be made on the basis of environmental or health
effects of radio frequency emission if the antennas and other equipment on
the communications tower comply with Federal Communications
Commission regulations.
(b) All permit applications shall be processed in a timely manner under the
circumstances and not unreasonably delayed.
(c) Denial of any permit application shall be in writing and supported by
substantial evidence.
CITY OF SEWARD, ALASKA
moi+ ORDINANCE 2020-012
(d) Appeals to the Board of Adjustment in the case where an application has
been denied shall be made pursuant to SCC 15.10.410.
Section 2. This ordinance shall take effect ten (10) days following its enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA
this 12`1'day of October, 2020.
T TA A. ' i i
iC 1 1 1..-
C'sty Terry, 1 ay s
AYES: Crites, McClure, Baclaan, Osenga, Seese, Terry
NOES: None
ABSENT: None
LABSTAIN: None
ATTEST:
d"L
Brenda J. Ballou, MC
City Clerk
(City Sga4 of SEW
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Council Agenda Statement
Meeting Date: September 28, 2020
To: City Council
Through: Scott Meszaros, City Manager;,,,,, �
Jackie C. Wilde, Community Development
Director
From: Eric A. Kozielski, Planner
Agenda Item: Amending Title 15 of Seward City Code regarding
Commercial Communications Towers to provide special
provisions for such land use
BACKGROUND &JUSTIFICATION:
Attached for the Council's review and enactment is Ordinance 2020-012, amending
Title 15 of Seward City Code regarding Commercial Communications Towers to provide
special provisions for such land use
Review of the code pertaining to commercial communications towers has been on the
priorities list for the Planning and Zoning Commission since 2015. City Council approves
the Planning and Zoning Commission priorities list. Members of the public have
requested a review of the code regarding Commercial Communications Towers currently
addressed in Title 15 of the City Code.
Upon review, staff determined it important to provide a subsection of Chapter 15.10
Article 2. — District Regulations, specific to Commercial Communication Towers, with
the intent to provide for the purpose behind the ordinance and the special provisions for
such a land use.
The Planning and Zoning Commission has held public work sessions to review and
update portions of the City Code pertaining to Communication Towers addressing the
process and development standards for permitting of Commercial Communication
Towers. Three work sessions were held on the following dates: June 16, July 21, August
18, 2020.
The Planning and zoning Commission approved Resolution 2020-10 recommending City
Council amend Title 15 of Seward City Code regarding commercial communications tower to
provide special provisions foe such land use.
INTENT:
Amend Title 15 of Seward City Code regarding Commercial Communications Towers to
provide special provisions for such land use.
CONSISTENCY CHECKLIST: Yes No N/A
_------
Comprehensive Plan(2030, approved by Council May 30, 2017):
3.1.1 Attract new business and industry to
the greater Seward area.
3.1.1.2, bullet 5 (Pg. I-12) Support development of modern
communications infrastructure.
3.2.1 Promote residential and commercial development within the
1 city of Seward and its vicinity in accordance with community X
values
3.2.1.1, bullet 4(Pg. I-13) Ensure uniform and consistent
enforcement of the zoning code, building code, subdivision
ordinance, and city lease agreements, and evaluate potential code
changes to make enforcement easier.
3.9.2.2 Preserve and Protect the scenic views of the mountains and
Resurrection Bay.
Strategic Plan (Approved by Council Resolution 99-043).
Economic Base- Goals and Objectives
* Attract New Industry — Endeavor to provide modem
communication infrastructure (Pg. 5, Bullet 3)
2' History and Sense of Community - Goals and Objectives X
* Enhance the Sense of Community Among Residents of the
Greater Seward Area—Maintain Seward's small-town character
throughout the growth process(Pg 13, Bullet 2)
PUBLIC NOTICE:
As per City Code §15.01.040 Public Hearings; the public notice requirements were met.
FISCAL NOTE:
The City of Seward will have no costs associated with this amendment to the Land Use
Plan and change of zoning designation.
Approved by Finance Department
ATTORNEY REVIEW: Yes_X No
PUBLIC COMMENT:.
Public comment has been incorporated into the development of this ordinance through
work sessions. No other comment has been received at this time.
RECOMMENDATION.-
The Planning Commission approved the Resolution recommending this Ordinance by a
vote of 6 to 1. Staff recommends approval of the proposed ordinance
Ordinance 2020-012