Matanuska-Susitna Borough Code 17.60.145 TALL STRUCTURES, INCLUDING BUT NOT LIMITED TO TOWERS, TOWER FARMS, TOWER ROUTES, AND TOWER SERVICE AREA GRIDS. (A) Tall structures, tower farms, tower routes, tower service area grids, and their uses are subject to regulation in order to protect the public health, safety, and welfare from the negative impacts of tall structures and their uses including but not limited to physical danger, electromagnetic variations, reduced light, air, and open space, reduced property values, glare, noise, vibration, damage due to collapse, odor, runoff, drainage, litter, and loss of quiet enjoyment of residential property. These standards are in addition to all other applicable laws. (B) Exemptions. The following are exempt from the requirement for a conditional use permit under the provisions of this section: (1) church spires, religious icons, and flag poles displaying official government or religious flags; (2) minor customary and incidental fixtures and attachments located above 100 feet, or the maximum allowable height for the structure, placed upon other structures which are not otherwise regulated as tall structures, such as buildings less than the maximum height allowed in the district. Exempt minor fixtures shall not increase the maximum height of the structure to more than 135 feet or ten feet above the maximum allowable height for the structure, except that, a maximum of four “whip” or “pole” type antennas, less than six inches in diameter at the base each, may be placed to increase the height of the structure to a maximum of 145 feet or 20 feet above the maximum allowable height for the structure. Exempt minor fixtures shall not require safety lights or be illuminated. Exempt minor fixtures include but are not limited to: elevator shafts, cupolas, vent pipes, heating and air conditioning equipment, dish type antennas, and minor architectural features. Signs are not exempt under this section; (3) towers and antennas utilized for temporary emergency services of 180 days or less in response to a local disaster; (4) a temporary wireless communication facility shall be allowed for a maximum of 90 days during the construction of a permitted, permanent facility; (5) temporary tall structures, including but not limited to: drilling derricks and construction cranes, which are on site less than 120 consecutive days, or 180 days total within a consecutive 12-month period, and are not intended to routinely reoccur on the same site; (6) support structures less than 185 feet in height when used exclusively for illuminating major arterial highways; (7) routine maintenance and repair of legal nonconforming or permitted tall structures and related equipment may be performed without issuance or amendment of a conditional use permit. Equipment, including lines and antennas, may also be removed from, added to or reoriented upon a legal tall structure. All work allowed under this subsection shall comply with the performance standards of this section, subject to the following guidelines: (a) allowed work shall not require additional air safety or strobe lighting and shall not substantially change the profile or other characteristics of the tall structure to increase the negative visibility or other impacts across lot lines as regulated by this chapter. (b) allowed work shall not increase the width of the tall structure by more than five feet at any point. (c) allowed work shall not increase the height of the tall structure by more than five feet, except that a maximum of four “whip” or “pole” antennas less than six inches in diameter, each, at the base may be placed to increase the height of the existing tall structure a maximum of 20 feet; (8) licensed amateur (ham) radio stations, except that, modification or use of such towers for commercial use shall require a conditional use permit in accordance with this section; (9) structures within the boundaries of the port district as defined in MSB 18.02. (C) Performance standards. The following standards shall apply to regulated structures and uses: (1) The ability of utility services to efficiently provide such services to the community shall be protected to the extent feasible. The best balance between cost efficient service provided to the public by the use and protection of the public interest will be pursued by the planning commission in accordance with these standards. (2) The planning commission may vary or waive one or more of the standards and requirements of this chapter based upon specific findings that the change will result in better overall implementation of the goals of this chapter and the comprehensive plan. (3) The number of tall structures, tower line routes, tower service area grids, and antenna farms authorized by the borough shall be the minimum reasonably required to provide services. (4) To the extent feasible, location of tall structures, tower line routes, and tower farms shall be in compatible areas where the adverse impact of the use is minimized. Tall structure location is generally more favored in industrial and agricultural districts designated by borough code, nonresidential areas, and areas where the tall structure will not unduly detract from land values or economic value related to tourism or cultural values. (5) Tower line routes and tower service area grids subject to this chapter shall be reviewed for those areas where the regulated tall structures will have impact. The planning commission shall not unreasonably expand the permit review to areas or uses not specifically addressed by this chapter. (6) Tall structures may be principal or accessory structures on a lot. A different existing use or an existing structure on the same lot shall not preclude the installation of a tall structure on the lot. (7) Tall structures for telecommunications, lighting, and electrical transmission that are constructed and maintained in accordance with the provisions of a permit issued under this chapter shall not be deemed to constitute the expansion of a pre-existing nonconforming use or structure. (8) Conditions may be required for design, scheduling, fences, walls, warning signs, camouflage, vegetation, setbacks, collocation, use of existing and alternative structures, tower farms, and other mitigation. (9) Unless specifically provided for by code, signs intended for view across lot lines shall not be permitted on tall structures except for warning signs required to address safety issues on the site. (10) The proposed development shall not interfere with the approaches to any existing airport or airfield, including water bodies supporting aircraft use. (11) Tall structures shall be constructed, configured, and maintain color schemes to reduce adverse visual impact. (12) Tall structures shall use nonstrobe type red lights for night air safety illumination unless otherwise required by law. The negative impact across lot lines caused by tall structure lights and illumination on the site shall be minimized. Scenic and night sky views, traffic safety, enjoyment of residential and other lawful uses shall be protected. Conditions may be required for lighting: type, wattage, brightness, shrouds, direction, location, height, and other buffers. (13) Surrounding topography and development shall be used to reduce negative impacts. Height above nearby ridge lines, hills, trees, and buildings shall be the minimum needed to reasonably conduct the use. (14) Visibility of tall structures and aerial lines from public parks, trails, and water bodies will be minimized. (15) Aerial lines crossing parks, trails, and water bodies will be minimized. (16) For purposes of determining whether the installation of a tall structure or antenna complies with district development regulations including, but not limited to, setback requirements, lot size and coverage requirements, and other requirements, the dimensions of the entire lot shall control, even though the antennas or tall structures may be located on leased parcels within such lots. (17) In residential districts designated by code, towers must be set back at least the minimum required distance for structures in the zoning district, and may be required to be set back a greater distance to a maximum distance equal to the height of the tower. (18) In districts designated by code for commercial use, and public or institutional use, towers must be set back at least the minimum required distances for structures in the zoning district, and may be required to be set back a greater distance to a maximum of equal the height of the tower. (19) In areas outside of special land use districts and in districts designated by code for agricultural and industrial use, towers must be set back at least the minimum required distances for structures in the zoning district. (20) Guys, guy anchors, and accessory facilities must meet zoning district setback requirements. (21) Towers over 100 feet in height shall not be located within one-quarter of a mile from another existing tower that is over 100 feet in height except as authorized in tower farms, tower service area grids, or tower line routes. (22) Adequate vehicle parking shall be provided on the subject property, outside of public use easements and rights-of-way. (D) Upon issuance of a permit under this chapter, the permittee shall provide all necessary documentation to maintain current information sufficient to demonstrate continued compliance with permit conditions. (E) The property owner and the permittee shall be responsible for maintaining all aspects of the operation, improvements, development, and site in compliance with the terms and conditions of the permit and all applicable local, state, and federal requirements. (F) Authorized representatives of the borough shall be allowed to inspect the site and related records at reasonable time for the purpose of monitoring compliance with all permit conditions. Upon reasonable notice from the borough, the permittee shall provide necessary assistance to facilitate authorized inspections. (G) As part of the application for conditional use permit under this section, the applicant shall provide the following supporting information: (1) Written confirmation from the applicable community council that a pre-application public meeting was held with the applicant to discuss issues related to the siting of the proposed tall structure. (2) A plan of development and operations describing the proposed use in detail sufficient to demonstrate compliance with all applicable borough ordinances, standards, and conditions. At a minimum this submittal shall also include: (a) Name, title and contact telephone numbers for persons in charge of the operation and who will be responsible for compliance with the permit. (b) Legal description of the subject parcel and borough tax account number. A location by latitude and longitude may also be required at the discretion of the planning director if appropriate to implement the requirements of this chapter. (c) Current maps at appropriate scale, showing: the location of the proposed use, the locations of other tall structure facilities operated by the applicant, and those proposed by the applicant that are within the borough or outside of the borough but within one-half mile of the borough boundary, the designated residential districts and the existing residential uses within one-half mile of the proposed use. (d) Evidence of compliance with applicable local, state, and federal laws regarding the proposed use of the property. (e) An organization chart or description identifying the lines of responsibility and general function of the organization that will own and operate the facility. (f) A description of all major types of activities proposed to occur on the site including at a minimum the purpose, number, type, and general performance specifications of all tall structures and antennas, on-site staffing, accessory structures, equipment such as generators, and plans for collocation of other tall structures, and antennas on the site. (g) A general description of the security and safety measures proposed to protect the public safety. (h) A site plan, drawn to scale under the seal of a qualified Alaska registered surveyor, clearly indicating all site boundaries, location of existing and proposed tall structures, antennas, other structures, and other development on site, means of access, screening and fencing, topography, landscaping, drainage management, adjacent public easements, and rights-of-way. (i) Elevation drawings of the facilities depicting existing and proposed tall structures, other structures, landscaping, proposed color(s), method of camouflage, and illumination. Photo simulations may be used to provide required information. (j) Certification by a qualified Alaska licensed professional engineer that the structural integrity of the tall structure is in compliance with applicable safety standards. (k) Signed statements by the applicant containing the following information: (i) confirmation the proposed use is not part of a larger network or explanation of the proposed facility’s function in a network; (ii) the feasibility of locating the facility in a district where the tall structure would be permitted as an administratively approved use; (iii) an explanation of why the proposed facility cannot be located on an existing facility; (iv) a description of how the tall structure will accommodate collocation of additional antennas and other compatible services for future users or why such collocation is not feasible; (v) agreement by the applicant and landlord to remove the facility within 90 days after abandonment, or termination of the permit; and (vi) assurance the proposed uses and structures shall comply with all Federal Aviation Administration, Federal Communications Commission, and other applicable federal, state, and local laws and regulations. (Ord. 12-157(SUB), § 2, 2013) 17.60.180 TRANSFER OF A CONDITIONAL USE PERMIT. (A) Except as otherwise specified by code, the privileges and requirements of a conditional use permit shall run with the land, subject to the following requirements: (1) Within 90 days of recording the transfer of ownership of the subject land, the new owner must provide written notification and a signed acknowledgment that the new owner assumes responsibility for compliance with the requirements of the permit. (2) The commission may limit the term of a permit or place conditions upon the transfer of ownership of a permit. (Ord. 99-093(AM), § 6, 1999; Ord. 97-084(AM), § 5, 1997) 17.60.190 TERMINATION OF CONDITIONAL USE PERMITS. (A) Except as otherwise specified by code, a conditional use permit issued under this chapter will become null and void under the following conditions: (1) notification of termination of the permit for failure to comply with an order to correct violations of a conditional use permit; (2) failure to initiate the use for which the conditional use permit was issued within five years of the date of the permit issuance; (3) cessation of the use for which the conditional use was issued for a period exceeding five consecutive years. (B) For good cause the planning commission may grant a one-time one-year extension of a conditional use permit. The planning commission must find that the request is reasonable and the proposed use is still appropriate under the standards for consideration under the subject use. An application for extension shall be subject to the same application fee as a conditional use permit and shall require public notice and public hearing in accordance with the requirements of MSB 17.03. (Ord. 97-084(AM), § 6, 1997) 17.60.200 NONCONFORMING USES. (A) Within the borough there may exist non-conforming uses as of the date of adoption of the ordinance codified in this chapter, or amendments thereto which were lawful before the effective date of applicable regulations, but which would otherwise be prohibited, regulated, or restricted under this chapter. Such existing nonconforming uses are permitted to continue subject to the provisions of this section, but shall not be expanded except as specifically provided in this chapter. (B) Except as specifically provided for by code, this chapter does not require the relocation or removal of a nonconforming use existing or under construction at the time of adoption of the ordinance codified in this chapter if such use was lawful at the time of its construction. No nonconforming use shall be constructed or operated except in accordance with these regulations, except to the extent it was in existence or under actual construction as of the effective date of the ordinance codified herein or amendment thereto. “Actual construction” is defined as the substantial placement of construction materials and performance of labor for construction of facilities which cannot reasonably be used except in a manner which does not conform with these regulations. (C) Nonconforming uses under construction or in existence as of the date of the ordinance codified in this chapter shall apply for approval of their use within 90 days of the effective date of such ordinance or of a later amendment which makes the use nonconforming. The planning director shall grant approval of the nonconforming use if it complies with the requirements of this chapter excepting only those facilities and improvements which were under construction or in existence prior to the effective date of the respective regulation. The nonconforming use shall meet all other requirements of this chapter within 12 months which are not in conflict with the pre-existing use or construction. (D) No existing nonconforming use shall be expanded to include an adjacent parcel or parcels unless the area of expansion meets the requirements of this chapter, except that contiguous, unplatted tracts constituting a block of land in the same ownership held for the same purpose on April 17, 1984, and containing a nonconforming use permitted under subsection (C) of this section shall be considered one parcel. No nonconforming use which is abandoned shall be used until it meets the requirements of this chapter. “Abandonment” is defined as a discontinuation of use of a nonconforming use, or a discrete portion or parcel thereof, or the failure to complete construction and begin use, for a continuous period of more than one year. If abandoned, the land shall not thereafter be used except in conformity with the requirements of this chapter. (Ord. 97-084(AM), § 7, 1997; Ord. 84-27, § 2 (part), 1984) 17.60.210 Violations and enforcement. [Repealed by Ord. 95-088(SUB)(am), § 13 (part), 1995. For current provisions, see MSB 17.60.215] 17.60.215 VIOLATIONS, ENFORCEMENT, AND PENALTIES. (A) Except as otherwise specified in this chapter violations of this chapter are infractions. (B) Remedies, enforcement actions, and penalties shall be consistent with the terms and provisions of MSB 1.45. (C) Failure to correct a violation of any permit condition is a violation of borough code. (D) In addition to other applicable penalties, failure to correct the violation of code, after reasonable notice, may result in revocation of the permit. (Ord. 99-093(AM), § 7, 1999; Ord. 95-088(SUB)(am), § 29 (part), 1995) 17.60.220 APPEAL PROCEDURE. Appeals from a decision of the manager or the manager’s authorized representative of an enforcement action or a decision of the commission granting or denying a permit under this chapter shall be filed and conducted in accordance with MSB 15.39. (IM 96-013, page 1 (part), presented 3-19-96; Ord. 84-27, § 2 (part), 1984) The Matanuska-Susitna Borough Code is current through 13-137, passed November 5, 2013. Disclaimer: The Borough Clerks Office has the official version of the Matanuska-Susitna Borough Code. Users should contact the Borough Clerks Office for ordinances passed subsequent to the ordinance cited above. Borough Website: matsugov.us/ Borough Telephone: (907) 745-4801 begin_of_the_skype_highlighting (907) 745-4801 FREE end_of_the_skype_highlighting Code Publishing Company eLibrary
Posted on: Sat, 16 Nov 2013 19:01:42 +0000
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