HomeMy WebLinkAbout06162020 Planning & Zoning Work Session Packet Planning and Zoning Commission -Work Session
June 16, 2020 6:00 PM City Council Chambers
Topic:Discussion of design and development specifications for communication towers
PUBLIC NOTICE
TEMPORARY PROCESS FOR CITIZEN COMMENTS & PUBLIC PARTICIPATION AT THE
June 16, 2020 SEWARD PLANNING AND ZONINIG COMMISSION WORK SESSION
The Seward Planning and Zoning Commission will hold a Virtual Work Session on Tuesday,
June 16, 2020. Because the City of Seward is currently experiencing a declared public health
emergency due to Coronavirus Disease 2019 ( COVID- 19), alternate methods for providing
Citizen Comments and Public Participation have been created:
How to Attend the Work Session in person:
Due to the size of the Council chambers and the required social distancing no more than 5
members of the community can be in the room at one time with the commission. If there are
more people interested in attending in person groups of 5 will be rotated in from distanced
waiting stations in the hall.
• Participants will be required to wear a face covering during the meeting.
• Participants will be required to use provided hand sanitizer on entry to Council chambers
• Participants will be required to sign in, and have their temperature taken upon entry
How To Virtually Attend The Meeting
1. The meeting will be Live Streamed on the city' s YouTube page. Log onto YouTube and type
City of Seward Alaska" into the search bar.
2. Watch on television. Tune into GCI Cable Channel 9.
How To Submit Your CITIZEN COMMENTS
1. Email your written Citizen Comments to no later than 2:00 p.m.
on Tuesday, June 16, 2020. Identify whether you want your comments READ ALOUD at the
meeting or EMAILED to the commission upon receipt. Comments requested to be read aloud
will be delivered verbally to council by the Planner at the appropriate time during the meeting. In
response to your email, you should expect to receive a verification email from the Planner—if
you do not receive this email, please call the Planner at 224-4020.
2. If you wish to be called on the telephone during the meeting to provide your comments
telephonically, send an email request to the Planner along with your contact information to
,..,,1ning(a-)cityofseward.ne', including your full name and the telephone number you wish to
have called. The Planner must receive your request no later than 2:00 p.m. on June 16, 2020.
Identify whether you wish to be called during the TELEPHONE citizen comment period. Please
be prepared to answer your phone starting at 6:00 p.m. In response to your email, you should
expect to receive a verification email from the Planner—if you do not receive this email, please
call the planner at 224-4020.
All Citizen Comments will be timed and limited to three minutes. The telephone number will be
called ONE time; if there is no answer, the Planner will move on to the next citizen.
Thank You For Your Cooperation!
Packet Contents
1. Current Communication tower sites.................................................. 01
2. Chapter 15.10.226 Table (excerpt) ..................................................04
3. Chapter 15.10.245 Wind Energy Conversion Systems ........ ..................05
4. Kenai Municipal Code: communication towers and antennas ..................09
5. Sitka Municipal Code: Communication antennas and towers...................17
6. Blog Post- `stealthy tower' https://www.steelintheair.com/Blog/2009/06/which-stealth-cell-
tower-is-snore-stealthy.html ............................................................................18
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4118
15.10.245 Wind Energy Conversion Systems—Seward Municipal Code
15.10.245 -Wind Energy Conversion Systems.
A. Purpose. It is the purpose of this section to establish health and safety standards for small wind
energy conversion systems (WECS) as defined in this Code, and to encourage the development of
small wind energy systems.
B. Definitions. For purposes of this section, the following definitions shall apply unless the context
clearly indicates or requires a different meaning:
Wind Energy Conversion System (WECS). Any device or assemblage, which directly converts wind
energy into usable thermal, mechanical, or electrical energy, including such devices as windmills and
wind turbines, towers and supporting structures and such directly connected facilities as generators,
alternators, inverters, batteries, and associated equipment. This system is designed as a secondary
accessory use to existing principal uses and to existing buildings or facilities, wherein the energy
generated is used primarily for consumption on the same or adjoining parcel on which it is located.
Small Wind Energy Conversion System, A Wind Energy Conversion System that has a rated power
capaCity of not more than 100kW and is intended to produce energy primarily for on-site consumption,
either instead of or as a supplement to public utility power.
Total height, freestanding WECS. The distance measured from the preexisting natural grade to the
highest point of any blade of the turbine.
Total height, roof-mounted WECS. The distance measured from the building height to the highest
point of any blade of the turbine.
Wind turbine. A device which converts the kinetic energy of the wind into a rotational energy
transmitted through a drive train to a generator and where the generated power can be connected directly
to the load or feed.
C. Approval process. WECS are subject to a building permit under Seward City Code chapter 12.05,
codes of technical regulation, and a building permit shall be obtained prior to construction,
installation or modification of the system. The Building Official shall review each building permit for
compliance with the requirements of this section. The Building Official shall grant approval if he or
she is satisfied that the standards of this section have been met, that the applicant has sized and
sited the system to reduce impacts on surrounding properties to the maximum extent feasible, and
that the WECS is not otherwise prohibited by law. The applicant shall provide the Building Official
documentation that the WECS meet the requirements of this section, including:
1. A description of the project, including the maximum rated power output capaCity of the WECS.
2. The make, model, an illustrative photograph or brochure, manufacturer's specifications including
noise decibels data for the proposed WECS, Manufacturer's Guaranteed Maximum Sound
Power Level in dBA re 1 pW, the support structure and method of attachment to the ground
and/or structure.
3. Foundation plans designed for the installation location of the WECS and be stamped by an
engineer licensed in the State of Alaska.
4. Elevation drawing of the WECS showing total height, turbine dimensions, tower and turbine
colors, distance between ground and lowest point of any blade, and if proposed, the location of
ladders, climbing pegs, and access doors.
5. Site plans showing the installation location, including any related components, and the location
of other structures, fences or retaining walls on the property.
6. For roof-mounted WECS, the owner must provide the City with certification from an engineer
licensed in the State of Alaska that the roof is built to accommodate the system.
7. If the WECS is not certified as meeting the IEEE1547 standard (Institute of Electrical and
Electronic Engineers), then an assessment of potential electromagnetic interference with
5/18
15.10.245 Wind Energy Conversion Systems—Seward Municipal Code
microwave, radio, television, personal communication systems and other wireless
communication is required.
8. A visual impact analysis of the proposed WECS as installed, which shall include color
photographs of the proposed site from at least three locations accurately depicting the existing
conditions. A computerized photographic simulation, demonstrating any visual impacts from
strategic vantage points, is desirable and may be required at the Building Official's discretion.
The applicant shall indicate any visual screening proposed to be incorporated into the project
that is intended to lessen the system's visual prominence.
9. Evidence of compliance with Federal Aviation Administration requirements.
D. Zoning and lot requirements. Monopole, guyed, lattice, vertical access and roof-mounted WECS are
allowed outright as a secondary use in all zoning districts if they meet the following requirements and
adhere to all requirements listed in this section. Only one WECS is permitted per lot in all zoning
districts.
E. Development and design requirements. The requirements of this section shall apply to all WECS.
1. The turbine to be constructed as a component of the WECS must be approved by the Small
Wind Certification Program recognized by the American Wind Energy Association (AWEA) or
any other accredited organization such as the Small Wind Certification Council, National Wind
Technology Certification Center, or the U.S. Department of Energy, National Renewable Energy
Laboratory or must be certified by a professional mechanical engineer licensed in the State of
Alaska as a system that meets or exceeds industry safety standards for small wind energy
systems.
2. The total height limitations for WECS for secondary use are as follows:
a. Freestanding WECS.
i. In RR, R1, R2, R3, UR, OR, AC, HC, CB and P, WECS are allowed as an outright use
with a total height not to exceed 150 feet.
ii. In I, RM and INS WECS with total height not exceeding 300 feet may be permitted.
b. Roof-mounted WECS.
i. In all zoning districts WECS on buildings of 34 feet or less in total height, roof-top
WECS shall have a total height not to exceed 20 feet.
c. Both freestanding and roof-mounted WECS.
i. Structures shall not interfere with Federal Aviation Administration Regulations on
airport approaches.
ii. In no case shall the total height of the WECS exceed manufacturer's specifications.
3. Minimum blade ground clearance in all zoning districts is 15 feet.
4. All portions of any WECS, including guy wires and other anchors, shall comply with the following
setback standards unless otherwise specified:
a. All WECS shall be set back from all property lines at least 1.1 times the height of the
system, except that the setback from a lot edge abutting a lake or pond may be one-half
the total height of the system.
b. All WECS shall be set back from all property lines so that noise generated by the system
shall not exceed the 10:00 p.m. through 7:00 a.m. decibel levels set forth in Table 1,
section 9.25.020, at the closest property line to the system, as calculated with the following
formula for a 6dB doubling decay curve:
S;sub§\sub;=10^((L w+L u+ L;sub§\sub;+ -.5-S 1 )/20)
Where:
6/18
15.10.245 Wind Energy Conversion Systems—Seward Municipal Code
S;sub§\sub; -Acoustic Setback Distance in Feet
L W- Manufacturer's Guaranteed Maximum Sound Power Level, in dBA re 1 pW
L u- Uncertainty Factor = 5
L;sub§\sub; - Safety Factor= 2
S 1 -Sound Level Limit
c. All WECS shall be located so that the principal structure is between the WECS and the
front or side property line.
d. All systems shall be set back at least 1.1 times the total height of the system from all
overhead power and telecommunication lines, aboveground electric and
telecommunication equipment and any telecommunication towers.
e. All portions of any WECS, including guy wires and other anchors, shall comply with the
setback standards for the lot as shown on Table 15.10.220, development requirements. No
part of the WECS may extend into any access or utility easements.
5. The rotating turbine shall not produce vibrations that are humanly perceptible beyond the
property lines of the site not to exceed the decibel level in Table 1, section 9.25.020. Those who
violate this provision will be subject to the penalties and remedies found in section 9.25.035.
6. All portions of the WECS shall be a nonreflective, nonobtrusive color, subject to the approval of
the Community Development Department. The appearance of the turbines, towers and any
other related components shall be maintained throughout the life of the WECS pursuant to
industry standards.
7. All power and telemetry lines from the tower to any building or other structure shall be placed
underground and an as-built indicating the locations will be provided to the Building Department.
8. No tower shall be illuminated unless required by a State or Federal agency, such as the FAA.
9. No commercial advertisements, signs, or other messages shall be placed or painted on any
portion of the WECS; except that a system's or tower's manufacturer's logo, inspection tags, the
owner's emergency contact information and appropriate warnings as required by national, State
and local laws may be displayed on a system generator housing in an unobtrusive manner.
10. WECS structure shall be designed to prevent unauthorized external access to electrical and
mechanical components and shall have access doors that are kept securely locked. No climbing
pegs or tower ladders shall be located closer than 12 feet to the ground level at the base of the
structure.
11. The installation of a WECS may not enlarge, increase or expand a nonconforming use or
structure.
F. Maintenance. A WECS shall be erected and maintained plumb, level, and true and shall be repaired,
painted, and maintained in accordance with this section, any manufacturer's recommendations and
instructions, manufacturer's and inspector's repair and maintenance schedules and with industry
standards for WECS. The Building Official may order the repair or removal of any WECS that is not
maintained in accordance with this section. The Building Official may also order that the WECS
cease operating until satisfied that the WECS meets maintenance and operating standards. An
inspection of the WECS components by a recognized Wind Turbine Inspection firm is required every
five years and following a natural disaster. A tag indicating the firm and date of the last inspection
must be displayed on the WECS.
G. Nuisances; removal.
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15.10.245 Wind Energy Conversion Systems—Seward Municipal Code
1. Any WECS that is not operated on a functional basis for a period of 12 months is hereby
declared, unlawful, abandoned, and a public nuisance. In addition to other remedies provided
by this title, the nuisance may be restrained, enjoined, or otherwise abated by the City.
2. Demolition permits are required before a person removes a WECS. The permit shall require the
entire system be removed (foundations to below natural grade, collection, connection, and
transmission equipment) and disposed of properly at the owner's sole expense.
H. Enforcement; abatement.
1. Failure to maintain a WECS is a violation of this title.
2. The City may issue an enforcement order under chapter 9.20, public nuisances for the repair or
removal of any WECS that is not operated on a functional basis for a period of 12 months or
where the WECS becomes a hazard to the safety of persons or property.
3. Where the system presents no immediate hazard to health or safety, the owner shall repair or
remove the system within 15 days of receipt of notification of the enforcement order. Upon
agreement in writing that the owner will comply with an enforcement order to repair or remove
the system if allowed additional time, the City may grant an extension of time within which to
abate the public nuisance, if the City determines that such an extension of time will not create or
perpetuate a situation dangerous to life or property. If the WECS is not operational or is not
removed after 15 days from the date of notification of the enforcement order, or after the time of
any extension provided, the City may remove the system at the owner's expense.
4. Where the City identifies an immediate health or safety hazard, and when the owner or other
person responsible for the system is either not available to immediately remedy the hazard or
refuses to remedy the hazard, the City may enter upon the property and disconnect, dismantle,
or otherwise remove any WECS. The City shall attempt to notify any owner or other person
responsible for the system of such action within 48 hours. For purposes of this section, notice is
effective the earlier of posting the notice on the property, personal delivery, or upon receipt, if
sent by certified mail.
5. The costs and expenses incurred by the City in abatement of any health and/or safety hazard or
of any nuisance as defined in subsection 15.10.245 H. shall be chargeable to the owner and/or
may be collected in a civil action by the City.
6. A person aggrieved by an enforcement order may appeal under section 15.10.410.
(Ord. No. 2010-004, § 1, 10-11-2010)
8/18
14.20.255 Communications towers and communications antenna(s) I Kenai Municipal Code Page 1 of 8
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
resou rces;
(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.
The Kenai Municipal Code is current through Ordinance 3110-2020, passed March 18,2020.
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14.20.255 Communications towers and communications antenna(s) I Kenai Municipal Code Page 2 of 8
(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
The Kenai Municipal Code is current through Ordinance 3110-2020, passed March 18,2020.
10/18
14.20.2SS Communications towers and communications antenna(s) I Kenai Municipal Code Page 3 of 8
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)
The Kenai Municipal Code is current through Ordinance 3110-2020, passed March 18,2020.
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14.20.255 Communications towers and communications antenna(s) I Kenai Municipal Code Page 4 of 8
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)(41 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.
The Kenai Municipal Code is current through Ordinance 3110-2020, passed March 18,2020.
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14.20.255 Communications towers and communications antenna(s) I Kenai Municipal Code Page 5 of 8
(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.
(1) 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
The Kenai Municipal Code is current through Ordinance 3110-2020, passed March 18,2020.
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14.20.255 Communications towers and communications antenna(s) I Kenai Municipal Code Page 6 of 8
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, IRS, 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.
The Kenai Municipal Code is current through Ordinance 3110-2020, passed March 18,2020.
14/18
14.20.255 Communications towers and communications antenna(s) I Kenai Municipal Code Page 7 of 8
(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.
The Kenai Municipal Code is current through Ordinance 3110-2020, passed March 18,2020.
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14.20.255 Communications towers and communications antenna(s) I Kenai Municipal Code Page 8 of 8
(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.
0) 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.
The Kenai Municipal Code is current through Ordinance 3110-2020, passed March 18,2020.
16/18
SITKA
22.20.055 Communications antennas and towers.
.......................................................................................................................................................................................................................................................................................................................................
Communications antennas and towers are permitted accessory uses within the R-1, R-1 MH, R-1 LDMH, R-2
and R-2 MHP zoning districts as long as the tower or antenn does not exceed the allowable height
of structures allowed within the specific district. If ground-mounted, guy wires shall not exceed the property on
which the antenna/tower is located. In all cases, towers and an enna6 shall be structurally sound and properly
constructed. Any request for a tower or exceeding the height limits of the zoning district shall require
a variance. (Ord. 02-1683 §4 (part), 2002.)
17/18
Which Stealth Cell Tower is more Stealthy?
Reading an article in the Press Democrat for Santa Rosa, CA where they show two
separate stealth cell towers. The article is not particularly innovative- just commentary
on the battle between aesthetics and wireless expansion. However, the reason that I
found it interesting is that they contrast two stealth towers. (Photos from Press
Democrat)
The first is a water tower at a farm: The second is a stealth pine tree in the
middle of an orchard:
IIII
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Clearly, one of these accomplishes the objective of being fairly stealthy- in that it is not
readily apparent without a second look where the cell tower is. The water tower is well
done- fits the environment. The pine tree on the other hand is ridiculous.
The question that remains is whether the second tower is really that much better than a
typical monopole in terms of visibility? This is similar to a 100' pine tree tower near
downtown Tampa that rises out of a commercial area. It is completely out of place.
Seems to me that stealth towers should actually be stealthy in the area that they are
located. This burden falls on the local land use planners to actually understand what
they are approving.
18/18