Ordinance 1407 - Cell Towers as Permitted UseORDINANCE NO. 1407
AN ORDINANCE AMENDING THE KALISPELL ZONING ORDINANCE, (ORDINANCE NO.
1175), BY ALLOWING THE INSTALLATION OF CELLULAR TOWERS IN THE B-5,
COMMERCIAL/INDUSTRIAL, I-1, LIGHT INDUSTRIAL AND I-2, HEAVY INDUSTRIAL
ZONES AS CONDITIONALLY PERMITTED USES, SUBJECT TO PERFORMANCE STANDARDS,
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, J.R. Reger of TriStar Communications, LLC has submitted a
written request to amend the Kalispell Zoning Ordinance, by
allowing the installation of cellular towers in the B-5,
Commercial/Industrial, I-1, Light Industrial and I-2, Heavy
Industrial zones as conditionally permitted uses, and
WHEREAS, the request was forwarded to the Kalispell City -County
Planning Board and Zoning Commission by the Flathead Regional
Development Office after having been evaluated under
27.14.030, Kalispell Zoning Ordinance, and
WHEREAS, the Kalispell City -County Planning Board and Zoning Commission
recommended that the text of the Kalispell Zoning Ordinance be
amended to reflect the change, and
WHEREAS, the City Council has reviewed the FRDO Report and the
transmittal from the Kalispell City -County Planning Board and
Zoning Commission and hereby adopts the findings made in
Report #KZTA-01-3 as the Findings of Fact applicable to this
Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. The City of Kalispell Zoning Ordinance,
Ordinance No. 1175, is hereby amended as
follows:
See Exhibit "A", attached hereto and made a part
hereof.
SECTION II. All parts and portions of Ordinance No. 1175 not
amended hereby remain unchanged.
SECTION III. This Ordinance shall take effect thirty (30) days
after its final passage.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL THIS 19TH DAY OF NOVEMBER, 2001.
. , I5 rs
Wm E. Boharski
Mayor
ATTEST:
� �' �' Z6 �� -
Theresa White
City Clerk
EXHIBIT A
PROPOSED ZONING TEXT AMENDMENT FOR
CELLULAR COMMUNICATION TOWERS
TRISTAR COMMUNICATIONS, LLC
MAY 8, 2001
The following amendments to the Kalispell Zoning Ordinance are recommended by
the Kalispell City County Planning Board:
A. Add "Transmission Towers and Cellular Communication Towers" as a
conditionally permitted use to the B-5, Industrial / Commercial, I-1, Light
Industrial, and 1-2, Heavy Industrial zones.
B. Amend the B-1, B-2, B-3, B-4 and P-1 zoning district to list "Transmission Towers
and Cellular Communication Towers" as conditionally permitted uses (and delete
other references to transmission towers).
C. Add a definition: 27.37.010 Transmission Towers / Cellular Communication
Towers and Facilities - Commercial radio and television service antenna,
unlicensed wireless service antenna/tower, common carrier wireless exchange
structure/antenna/towers commonly referred to as cellular communications.
D. Amend Section 27.35.080: Additional Requirements for Specific Conditional Uses,
Transmission Towers and Cellular Communication Towers, Equipment and
Facilities
1. A Conditional Use Permit shall be required for transmission towers and cellular
communication towers in all zoning districts which list transmission towers and
cellular communication towers.
2. These regulations shall not be required for antenna associated with ham radio,
citizens band radio, a telecommunications device that only receives an RF
signal, and a sole -source emitter with more than one kilowatt average output or
the mounting of an antenna or other transmission device on an existing tower
provided no structural alterations are made.
3. The location of transmission towers and cellular communication towers,
equipment and facilities shall take into consideration the following:
a. Visual effects;
b. Height;
c. Structural integrity;
d. Radiation emissions;
e. Effects on adjoining land use;
f. Possibility of shared use;
g. Effects on City airport operations;
h. Effects on other communication devices; and
i. Site location alternatives.
4. Application for a Conditional Use Permit shall include a site plan for review by
the Site Development Review Committee.
5. General requirements of a Conditional Use Permit for locating a transmission
tower or cellular communication tower shall include:
a. Required colocation on an existing tower or other structure whenever
possible and practical;
b. A minimum 15 foot setback from all residentially zoned or developed
properties or minimum setback of five feet or the setback required in
the underlying zone, whichever is greater.
c. Screening when located adjacent to a residential district;
d. Engineer's certification regarding structural safety;
e. Location of the tower so that visual impact to adjacent property owners
is limited to the greatest extent possible;
f. That the structure be placed to avoid location on the crest of a mountain
or hill or extension into the skyline thus creating aesthetic concerns.
g. Address potential FAA (Federal Aviation Administration) lighting
requirements for aviation safety.
h. That the structure/tower be camouflaged to blend in with the
surrounding environment when beneficial and practical;
i. The new structure shall allow for co -location with a minimum of four
other users.
j. That all transmission and cellular communication towers be located a
minimum of one mile apart., unless co -location opportunities do not
exist.
k. If a security fence is proposed, a five-foot tall dense landscaping screen
shall be planted around the security fence of any structure/tower.
1. Where a new tower is proposed, the applicant shall demonstrate that
there are no feasible existing structure upon which to locate.
6. Should any cellular communication tower, facility or antenna be abandoned or
cease to operate for a period of 180 days, the structure/tower shall be removed
at the expense of the owner. It shall be the responsibility of the
structure/tower owner to promptly notify the City if a facility is abandoned or
ceases operation.
E. Amend Section 27.22.070, Exceptions to Height Restrictions, The height
limitations contained in any district regulations do not apply to spires, belfries,
cupolas, chimneys, water tanks, ventilators, elevator housing, grain elevators, or
other agriculture buildings, transmission towers and cellular communication
towers and facilities unless otherwise prohibited by Federal Aviation Regulations,
part 77. Masts for flag poles shall not exceed the height limits of the zoning
district. Furthermore, said flag mast must be set back from the property line to
prevent the intrusion of the extended flag into or over any public right-of-way or
adjoining property.