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A. In all zones in which major communications towers are a permitted or conditional use, one freestanding tower with a maximum height of 200 feet is permitted per lot. Additional freestanding towers and those with a height exceeding 200 feet are conditional uses and are subject to the requirements of subsection (C) of this section.

B. In all zones in which minor communications towers are a permitted or conditional use, the following standards apply:

1. One freestanding tower with a maximum height of 80 feet is permitted per lot; or

2. One nonfreestanding tower and/or antenna, affixed atop a building or structure, is permitted per lot.

3. Additional towers or roof-mounted antennas are a conditional use subject to the requirements of subsection (C) of this section.

C. The following standards shall apply to major or minor communications towers when a conditional use permit is required pursuant to this section or other sections of this title:

1. Application Requirements. 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. One 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, approved by the Borough Attorney, 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 500 feet of any proposed tower; for major communications towers, additional analysis must be conducted at 2,500 feet, and two miles from the proposed communications tower site. 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;

j. Additional information required by the Planning Department for determination that all applicable laws are met.

2. Approval Criteria. The Planning Commission shall approve, approve with conditions or deny a permit under this section after considering all of the following criteria:

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 criterion 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 tower under control of the applicant.

c. Necessity for Location in a Residential Zone. A permit should not be issued in a residential zone (RE, RR, SF, TF, MF, MFO) unless the area cannot be adequately served or the provider’s service objective cannot otherwise be met by a facility placed in a nonresidential zone for valid technical or network deployment reasons. Conditions may be imposed to lessen the impact of a communications tower on a residential zone, 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 Requirements. Yards shall be a distance equal to 50 percent or greater of the height of the tower from a lot line. The Planning 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. Fencing. The area around the tower, including all associated equipment, shall be enclosed within a sight-obscuring fence of no less than six feet in height unless equipment is located within a fully enclosed building.

j. Height. The permitted height of a proposed tower shall be the minimum required to meet the applicant’s technical needs and will consider the impact on the surrounding uses.

k. 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.

l. 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.

m. Compliance with Other Laws. A proposed tower must comply with all local, state, and federal laws.

D. In all zones in which communications towers are a permitted or conditional use, the following standards apply:

1. Modification. Modification may only be made to communications towers and their associated antennas and equipment if they meet all applicable permitting requirements, including prior conditions of approval, or are legal nonconforming.

a. Minor modifications to towers, antennas, and equipment shall be permitted with a zoning permit. A minor modification is a collocation or other change to an existing tower, antennas or equipment that meets the following criteria:

i. The modification does not increase the height of a minor communications tower to more than 80 feet in height or more than 30 feet above the roofline of any building atop which the tower is constructed; and

ii. The modification does not increase the height of a major communications tower to more than 200 feet in height; and

iii. The modification does not add an antenna or appurtenance to the body of the tower that protrudes more than 20 feet from the edge of the tower; and

iv. The modification is located on an existing tower, within a fenced compound area, or within a cabinet or fully enclosed building; and

v. The modification does not violate any prior conditions of approval.

b. Major modifications to a conditional use shall be submitted to the Planning Commission as a request to amend the conditional use permit. Major modifications to a permitted use shall be submitted as a zoning permit application unless the communication tower with the modification otherwise requires a conditional use permit. A major modification is a change that does not meet the criteria for a minor modification.

2. Replacement. Existing communication towers may be replaced if the following criteria are met:

a. The existing tower meets all applicable permitting requirements, including prior conditions of approval, or is legal nonconforming; and

b. The replacement tower does not exceed 110 percent of the height of the existing tower; and

c. The replacement tower is placed in the same location as the existing tower; and

d. The replacement tower does not violate any prior conditions of approval; and

e. A zoning permit and all other applicable permits are obtained prior to the replacement of the tower.

3. Height. The height of a communications tower is the distance measured from the base of the structure to the top of the structure, including all antennas, lights, lightning rods, and other appurtenances. For purposes of this section, “structure” means pole, tower, base station, or other building, whether or not it has an existing antenna facility.

4. Compliance. Communications towers and antennas must comply with all federal, state and local laws. (Ord. 2019-10 § 18, 2019; Ord. 2012-58 § 7, 2013; Ord. 2009-05 § 14, 2009. 2004 Code § 18.50.155.)