Ketchikan Gateway Borough
Neutral Data Center Policies
Ketchikan Gateway Borough zoning allows telecommunications hotels—which could include data centers—in several zone types, potentially easing site approval. Regular permits still apply, and data centers aren’t named directly.
current law · County measureWould repeal and reenact KGBC Title 18, Planning and Zoning, and amend related code provisions to streamline zoning procedures, implement the comprehensive plan, and protect public health, safety, community character, housing, infrastructure, and natural resources.Ketchikan Gateway Borough Ordinance No. 2022 (2023)
What this means
The measure lists telecommunications hotels, which could include data centers, as permitted in several types of zones, making some sites easier to approve. Regular zoning permits still apply, and data centers are not named directly, so the benefit is modest and some uncertainty remains.
People behind it
- Ketchikan Gateway Borough Assembly
Introduced, considered, and adopted Ordinance 2022 repealing and replacing KGBC Title 18.
- Ketchikan Gateway Borough Planning Commission
Held the public hearing and forwarded the Title 18 rewrite to the Assembly with a recommendation for approval.
- Ketchikan Gateway Borough Code and Planning Committee
Reviewed the zoning code and developed recommended changes for the rewrite.
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- Ketchikan Gateway Borough Planning Department staff
Completed the Title 18 rewrite and prepared the proposed ordinance.
- Richard Harney
Planning Director and identified responsible staff member for Ordinance 2022.
- Zoning Official
Designated to administer and enforce the reenacted Title 18.
Restrictions & requirementsHide restrictions & requirements17
Any use or structure not listed as an accessory, permitted, permitted with standards, or conditional use is prohibited. Because data centers are not expressly listed, they must be classified under an allowed existing use before they can be built or operated.
New construction, placement, enlargement, or structural alteration of a data-center building requires a zoning land development permit before work begins, generally with scaled site plans, parking information, height calculations, utility locations, and applicable water and sewer permit information.
Starting a new data-center use, adding a use, or expanding an existing use requires a zoning land use permit. A permit is also required when a project affects a use-dependent development standard or increases wastewater flow.
A zoning permit cannot be issued for a project on property containing uses or structures that violate Title 18, so existing violations must be corrected or separately permitted first.
If a data center is classified as a conditional use, it requires Planning Commission approval after a public hearing. A majority of the commission's full authorized membership must find that the use is necessary for public welfare, will not substantially injure neighboring lawful uses, is consistent with the comprehensive plan, is allowed in the zone, and meets applicable use-specific standards.
Conditional-use applications require advance public notice: hearing notice must be published at least 15 days beforehand, and notice must be mailed to property owners within 600 feet inside Ketchikan city limits or 1,200 feet outside the city limits. The application generally must reach the Planning Commission within 60 days after being deemed complete, and the hearing must occur within 30 days after receipt.
A conditional-use permit may impose additional requirements, including landscaping, water and sewage facilities, parking, curb cuts, traffic controls, and performance bonds. Unless otherwise conditioned, the approved use must begin within 12 months, and the permit expires if the use ceases for 12 consecutive months or 18 months within any 36-month period.
Zoning permits generally expire after two years unless the new use begins or actual construction starts and is diligently continued; excavation alone does not count as starting construction.
Data-center development must meet the applicable zoning district's lot-size, setback, maximum-height, lot-coverage, dwelling, buffer, and screening standards. Examples include maximum heights of 30 feet in CC, 50 feet in CG, and 50 feet in IL zones.
Off-street parking is required for land uses on lots connected, or expected within one year to be connected, to the developed public road system. Required spaces generally must be on the same or an adjoining lot; parking on another lot requires Planning Commission approval, must be within 200 feet, and is allowed only when on-site parking is impractical.
Parking creates ongoing space requirements based on the use. For industrial uses, the code requires one-half space per employee, one space per company owner, one per company vehicle, and one space per 4,000 square feet of floor area, excluding storage areas. Where no specific standard applies, the Zoning Official determines the requirement by comparison with similar uses.
Zoning-permit applications must address required water and sewer infrastructure, including water permits, sewer permits or private-system certifications, and applicable wastewater requirements. Before a zoning permit is issued, an approved onsite wastewater treatment system plan and inspection and maintenance requirements may also be required.
Commercial and industrial properties served by borough water must use an approved water meter.
Zoning applications are subject to fees established under KGBC 2.105.030, and required inspections or surveys may also involve fees. Foundation inspections and acceptable as-built surveys are generally required to verify compliance with approved plans and setbacks.
If a data center is classified as a telecommunications facility, it requires a conditional-use permit in zones where telecommunications facilities are conditional, along with a professional-engineer report, site plan, demonstration of need, and evidence that existing towers or support structures cannot adequately serve the area.
Telecommunications facilities must meet additional operating and design restrictions, including tower setbacks generally at least equal to tower height, maximum heights of 200 feet in nonresidential zones and 60 feet in residential zones, security fencing, co-location capacity, and removal of unused towers or antennas after three years unless the Planning Commission grants an extension.
Violations may result in fines of up to $500 per violation, with each day of a continuing violation treated as a separate violation. Unlawful buildings, structures, or uses may also be declared public nuisances and subject to removal proceedings.
Benefits & exceptionsHide benefits & exceptions13
Telecommunications hotels are permitted uses in the CG, FD, IL, IH, AD, and PLI zoning districts, so a qualifying data center may be approved without conditional-use approval, subject to other requirements. Telecommunications hotels
Telecommunications facilities are allowed as conditional uses in numerous residential, commercial, industrial, airport, and public-land districts, providing a permitting path subject to the conditional-use process and required telecommunications documentation, including an engineer's report, site plan, demonstration of need, and co-location analysis. Telecommunications facilities
Completed zoning-permit applications generally must receive a decision within 30 days, with only one additional 30-day extension allowed by agreement between the applicant and the Zoning Official. 30-day zoning-permit decision period
Conditional-use applications have defined processing deadlines: after an application is complete, it generally must be forwarded to the Planning Commission within 60 days, heard within 30 days after referral, and followed by written findings within 30 days after the hearing. Conditional-use deadlines
Industrial IL and IH zones provide favorable dimensional standards for an allowed industrial data center, including no minimum lot area, a 50-foot minimum lot width, zero-foot front, side, and rear yards, and 100% maximum lot coverage; IL buildings may be up to 50 feet high and IH has no listed height limit. Industrial dimensional standards
Interior fit-out and maintenance work in an existing enclosed structure generally does not require a zoning land development permit, including interior building systems, partitions, finishes, cabinetry, and heating, electrical, or plumbing systems; certain exterior finish, window, door, walkway, and deck work is also exempt. Permit exceptions for interior work
A planned unit development can provide flexible design standards, mixed land uses, shared facilities, and smaller utility and street networks. A nonresidential PUD generally requires at least two acres, rezoning, and an approved master development plan. PUD flexible design and shared facilities
Joint parking areas serving two or more uses may meet the combined requirement with 75% of the separately calculated total when at least 20 spaces would otherwise be required. Commercial and industrial lots may also use compact spaces for up to 50% of required spaces on a one-for-one basis. Joint and compact parking allowances
A minor variance for a quantifiable zoning standard of less than 10% may be approved administratively by the Zoning Official rather than through a full Planning Commission proceeding. It cannot reduce parking requirements or authorize a use prohibited in the district. Minor variance threshold
Temporary construction offices, equipment storage, and material storage in mobile buildings, trailers, or similar structures may be allowed in any zoning district for up to 12 months, subject to temporary-use permit requirements and no dwelling use. Temporary construction uses
Telecommunications towers supporting a data center may exceed ordinary zone height limits up to 200 feet in nonresidential zones or 60 feet in residential zones. Freestanding towers must generally be set back from property lines by at least their height and designed to accommodate the applicant's antennas plus at least two additional users. Telecommunications tower height and co-location rules
Lawfully established data-center uses, structures, and lots that later become nonconforming may continue under the nonconforming-use rules. Nonconforming structures may generally be repaired or reconstructed after damage if a zoning permit is issued within one year and construction is timely pursued, but enlargement that increases nonconformity is restricted. Continuation of lawful nonconformities
A project for which lawful actual construction had begun before the new zoning title was adopted may proceed under its existing plans and designated use, provided construction is diligently continued to completion. Protection for projects already under construction
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