HomeMy WebLinkAbout01222019 Planning & Zoning Work Sesison Packet t
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Seward Planning & Zoning Commission
Joint Work Session with PA CAB
January 22, 2019 6:00 PM Library Community Room
Packet Contents
1. Zoning Map 1
2. Land Use Allowed Colored Table(use with zoning map) 2
3. Zoning Definitions 8
4. Land use portions of Title 15 10
5. Development Requirements Table 24
6. Land Uses Allowed 15.10.225 ..26
7. Wind Energy Conversion Systems 30
8. Conditional Use Permits 15.10.320 33
9. Variances 15.10.325 35
10. Aerial Photos of SMIC 2010-2018 ..36
11. Note Paper 37
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Table 15.10.226 Land Uses Allowed Table
KEY: O-Use Permitted Outright H-Home Occupation C-Use Requires Conditional Use Permit
P-Use Requires Administrative Permit Blank-Use Prohibited
Zoning Districts Principally Residential Principally Commercial Principally
Uses RR R1 R2 R3 RM INS
Accessory Building 0 0 • . " 'O O 0 0
Adult entertainment INTENTIONALLY LEFT BLANK
Agency, i.e.,travel, 0 0'. O O
insurance,title,real
estate,etc. __
Agriculture ! 0
Airport and related services 0 C
Amusement or 0 0 O
recreation facility
Animal shelter 0 C
Antenna, personal TV, 0 0 n 0 0 O 0 0 0 0 0
satellite dish
Art gallery 0 0 0 0
Assemblages,temporary P P P PPP
large, i.e., circus, fair Attraction,permanent IC C C C l
major visitor
Auditorium 1O 0 0
Auto repair, i.e., C 0
mechanic, glass body,
upholstery _
Auto service/gas station 0 0 0
Auto/RV sales and rentals04 0 ?0 0
Boat sales 0 ` O 0
Boat,commercial 0 0
building/fabrication
Boat, harbor/marina I 'C C C C
Boat, repair and 0 0 O 'C
maintenance
Boat, storage commercial JO 0 0 ' 4 C
Bulk material, i.e., concrete, C C
gravel, sand,asphalt
Business, marine retail O O O C
' !"- ,
sales and service Business, package liquor O O
Business, retail sales O 0 0
and service
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a
,
'Uses RR RI R2 R3 HC = I RM INS P
Business,retail sales illir Phi*
and service, industrial
Campground,camperir
C/P (C/P /P C/P C/P
park, RV park
`
Campground,employee
Car/boat wash 0 0
Cemetery . C 0
Center, community/civic 0 0
C
C
Center, mariner's
O O 0
Center, senior or teen C - C 0 0 illEihC
Child care, licensed C 0 0 0 C
center
Child care, licensed 0 0 ! 0 '�O 0 0 0
home
Church C C C C 0 0 0 4110 ,,
Clinic, medical 0 0 0 0 0
Clubs,
C O , 0 C
fraternal/lodges/social/ve
terans
1 _
Cluster subdivision C t. C -
Communications,commercial 0 0 0 0 0 0
satellite dishes,towers,poles,
and antennas less than 16 feet
diameter or 75 feet in heightill_
Communications,commercial C C C
satellite dishes,towers,poles,
and antennas 16 feet diameter or
greater than 75 feet in height
Correctional/prison C C C C
facility
Crematory0
0
Docks/wharves, industrial 0 0 C C
cargo
Dock, passenger 0 0 0 C 0
Drinking establishment, C C C
i.e., bar, nightclub,
lounge
Drive-in facility—fast C C C IC C
food, banking, etc. I
3r'37
Uses RR R1 R2 R3 UR HC I RM INS P
Dwelling, apartment in a • 0 0 • 0
commercial building
(limited to one unit)
Dwelling, apartment in a 0 0 C C
commercial building
(two or more units)
5-welling,apartment, 0 0 • 0 0 0 . orisi,
•
mother-in-law or
accessory
pwelling,attached single- C C C C CIII
family, i.e.,townhouse,
row
Dwelling,condominium C C 1C C
Dwelling,detached 0 0 0 0 0 C ' ',:
MI '
single-family
Dwelling,group home 0 0 0 0
Dwelling,guest house 0 0 •
A MIL
Dwelling, multi-family C C C C C—r
(3 or more units)
Dwelling,two-family or 0 0 0 C
duplex
Dwelling, watchman or 0
OP
caretaker
Emergency services, C C C C i0 C 00 0
pub/vol; i.e., fire,
ambulance, rescue
4 C 10 0 _
Financial institution, i.e.,
bank, S&L
Flea market,open air C C
retail other than
occasional
Fuels, bulk storage and ;
sales
Golf course • O C
Golf driving range 0 • 0 C
Greenhouse/nursery 0 r •
commercial
Grocery, convenience C C 0 0 .0
store
Grocery, supermarket, 0 0
foodmart
Health club C 0 0 0i
Home occupation 0 0 0 0 0 0 0 10 i
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s Uses RR R1 R2 R3 HC CB liii RM INS P
Hospital - C Ir C
House rental on a nightly P P P P P
basis
Housing, bunkhouse • C C
Housing,dormitory r, O 0
Housing, nursing, ' C C
C all!
retirement, convalescent
s;
Kennel,commercial, INTENTIONALLY LEFT BLANK
illik"-A-11.111111 I
musher or fancier
Laundry, dry cleaning C 0 •
Library O O
Livestock,excluding P P
chickens and rabbits
Livestock, chickens and P P P P P P P
rabbits
Lodging, B&B, rooms, H/P H/PH/P 0/P 0/P 0/P 0/P
00
duplex and accessory
apartment
Lodging, hostel 111 P I P P P P
Lodging, hotel, motel, C _— 0 C C
lodge, inn
Lodging, multifamily P P 1p P P
dwelling apartment
Lumber yard/building C C
supply
Manufacturing—noxious,
heavy
Manufacturing, light 10 C
fabrication, assembly
Merchant, transient 0 0 0
Mobile home park C/P
Mobile home,residential,not INTENTIONALLY LEFT BLANK
in park
Mobile home sales ram'
Mobile medical unitiiii O O
Mobile Vendor p P P p p P P
Mortuary/funeral home 0 0 0
Museum O 0 0 0
r°
Office, boat charter, 0 0 0 O s C
guide
Office, business or lli0 0 0 0
professional
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I
Uses RR R1 R2 R3 UR HC CB I RM INS P
Office, government/quasi • 0 • • 0 '
government administration
Office, mobile/temporary P P P P " PP PP "
on construction site
Office,home, 0 !O 0 0
professional
Parking lot C 0 0 0 0 . O 0
Personal services, i.e., 0 0 0 0
beauty, shoe, tailor
Planned unit C C C C C
development
Playground, public tot lot 0 0 0 0 0 0 0 0
Railroad C C C
Recreation,commercial 0 0 C
indoor, i.e., bowling,
skating
Recreation, outdoor, i.e., 0 C :'..C
miniature golf
Recreation, shooting -C C C
range
Recycling center C / 0 C
Recycling,self-service 0 0 0 • 0 ,• 0
drop-off point t 1
Repair service, i.e., large C 0
appliance e
Resource extraction, C C
commercial subsurface,
i.e., mining
Resource extraction, C C C
commercial surface, i.e..
gravel
Resource extraction. C
commercial timber
harvesting
Restaurant, food service, 0 0 0 0 C
catering, brew pub
Rooming or boarding 0/P O/P OIP
house
Roving Vendor P P , P P P P (P I
Salvage—auto, wrecking,
scrap,junkyard
Sawmill or lumber mill C
School,college C C C
School, public/private C C C C C C C
elementary/secondary
School,vocational C 0 10 C C
•
rUses RR R1 -2 R3 VirrYWNW HC CFI' 1 • RM INS': P
Seafood processing, i.e., C C . C
canning,rendering
Shop, i.e.,welding,Sheet metal, C C
machine,steel fab.
Shop, i.e.,wood,signs, C 0 C I
cabinet,upholsteryiir
Shopping center(mall) C C
Solid waste disposal, - In
C C
i.e., baler,transfer,
landfill
Storage, container P P P P -
Storage, explosives r 1
Storage, outdoor,yard, C 0 C '
material/equipment
Storage, self service O 0 0
A
Storage, warehouse and O 0 C C
distribution . .
Studio, radio/television O 0 0 C
Tanks, aboveground IC C
associated with service
station
Taxidermy 0 0 0 0 _ '
Terminal, i.e.,bus,truck, 0 C C
freight
410
,___
Terminal,marine/boat 0 C 0 C
passenger
1
Theater,concert, movie 0 0
Tool/equipment rental 0
Temporary Structure P P P P P P P
Utility facility,public C C 1111 C C 0 0 0 0 0
electric,water,sewer,etc.
Vehicle impound lot 0
Vending machine repair, 0 aC
storage
Veterinary hospital C _ C
01
Wind Energy Conversion 0 0 O 0 ' -O ... `<:.0 0..• 0 0 p
S stem(WECS)
(Ord.626,§3,1989;Ord.633,§§3,4, 1990;Ord.639, 1991;Ord.90-2;Ord.91-I;Ord.91-04;Ord.92-02;Ord.94-11;Ord.94-25;Ord.95-07;
Ord.95-13;Ord.95-17;Ord.96-05;Ord.97-13;Ord.98-09,§4;Ord.No.2012-002,§ 1;Ord.No.2014-004,§1;Ord.No.2016-005,§3;Ord.
No.2018-004,§ I)Editor's note—Ord.No.2018-004,§ I,adopted§ 1,7-9-2018 renumbered§ 15.10.225,to§ 15.10.226,as herein set out.
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,
(b) Definitions—Purpose.
(1) Rural residential district (RR). Intended to provide for stable, quiet, low density (one or two dwelling
units per acre) detached single-family residential development, free from other uses except those which
are both compatible and convenient to residents of such a district including recreational, religious and
educational facilities of an appropriate scale and design complementary to the neighborhood character.
(2) Single-family residential district (R1). Intended to provide for stable and quiet low to medium density
(one to five dwelling units per acre) detached, single-family residential development, free from other uses
except those which are both compatible and convenient to residents of such a district.
(3) Two-family residential district (R2). Medium density (one to seven dwelling units per acre)
transitional housing area with a mix of single and two-family units. free from other uses except those
which are both compatible and convenient to residents of such a district.
(4) Multi-family residential district (R3). Intended to provide opportunities for a higher density residential
setting with a mix of housing units which are predominately multi-family units close to concentrations of
public services, employment and/or recreation. This district may provide a transition between more
intensive districts and lower density residential areas if sufficient screening and design features are
provided to protect multi-family residences from undesirable effects.
(5) Urban residential district (UR). Intended to allow an area of higher density mixed residential uses
from detached single-family housing to multi-family apartments in conjunction with compatible low impact
professional office uses in the area surrounding the downtown business district.
(6) Office/residential district (OR). Intended to provide for medium density residential, commercial and
office development designed to act as a transition zone between the high density central business district
and surrounding medium-high density residential districts.
(7) Harbor commercial district (HC). Provides an area for water-dependent or water-related uses with
particular emphasis on transportation, tourist, recreational, commercial or industrial enterprises which
derive major economic or social benefit from a harbor location.
(8) Auto commercial district (AC). Intended to provide areas to accommodate highway-oriented
commercial activities such as offices, certain institutional uses, and limited personal services and retail
uses requiring substantial outdoor activity, traffic and parking, and which also serve the offices and
nearby residential areas. and which do not materially detract from nearby residential areas.
(9) Central business district (CBD). Provides for an area of convenient, attractive, concentrated
commercial development primarily intended for retail, financial, entertainment and professional services
occurring within enclosed structures. Regulations applying to this zone are designed to encourage a
compact group of businesses of the type which are mutually beneficial and located close enough together
to encourage walk-in trade.
(10) Industrial district (I). Established as a district in which the principal use of land is for business,
manufacturing, processing, fabricating, repair, assembly, storage, wholesaling and distributing operations,
which may create some nuisance and which are not properly associated nor compatible with residential
land uses. It is intended to provide environmental safeguards for people employed in or visiting the
district. Some visual amenity is expected in this district to make it compatible with adjoining residential or
business districts.
(11) Institutional district (INS). Public and private educational, administrative, government and health
care uses, including public land reserve for future public development. The development standards are
intended to set a high standard to assure that the activities provide visual amenity to the surrounding
area.
(12) Parks district (P). Is intended to designate park, recreation and commemorative property owned by
the City, state or federal governments for recreation and other compatible public purposes.
(13) Resource management district (RM). Lands which are generally undeveloped and cannot be
precisely zoned due to inadequate information on the extension of public services and utilities; the
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•
i I r
15.10.226--TABLES
Zoning District Designations
The following zoning district abbreviations are provided for information and interpretation:
RR Rural, very low density single-family residential
Ill Single-family, low density residential
EllSingle and two-family, medium density residential
R3 Single, two and multi-family, high density residential
111 Urban residential, a mix of residential uses and low impact home professional
offices
OR Office residential _...__ ___
HC Harbor commercial
Mi.,. ._ tral business district- dense downtown commercial
11 Industrial
lir
eResourc � iyv opa a an,s Su ljec fo oo� p ams and—
e n tRM
steep slopes
INS Institutional,public,quasi-public uses
P = Parks
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suitability of the land to support commercial, residential, industrial or public uses; and other possible
environmental consideration.
(Ord. 626, § 3, 1989: Ord. 649, § 2, 1991)
Chapter 15.10. -Seward Zoning Code°
Footnotes:---(2)---See chapter 12.10 as to sign regulations in zoning districts.Article 1-General Provisions
15.10.110-Title.
This chapter shall be known and cited as the "Seward Zoning Code." The provisions of this chapter are
applicable to all lands within the municipal limits of the City.
(Ord. 626, § 3, 1989)
15.10.115-Purpose.
This chapter is adopted in order to:
1. Protect the public health, safety and general welfare of the community's residents;
2. Promote fire safety and public order;
3. Provide adequate open spaces for aesthetics, light, air and to prevent and fight fires;
4. Provide safe, aesthetic surroundings and living conditions;
5. Prevent undue traffic congestion;
6. Conserve and stabilize the value of property;
7. Prevent undue concentrations of population;
8. Provide for orderly and stable public, residential, commercial and industrial development;
9. Facilitate systematic development of adequate public improvements and services such as
transportation, utilities, schools, parks and other public facilities;
10. Determine the most appropriate use of land in accordance with the comprehensive plan;
11. Implement the comprehensive plan for the City; and
12. Provide a method of administration and to prescribe means of enforcement of the provisions of this
title.
(Ord. 626, § 3, 1989; Ord. 97-08)
15.10.120-Applicability of regulations.
Except as hereinafter provided,all land and structures within the City shall be constructed, used,occupied or
altered in conformance with the requirements of the zoning district in which they are located.The regulations set
by this chapter within each zone shall be minimum regulations and shall apply uniformly to private and public
property,and to each class or kind of structure or land,except as hereinafter provided.All lots,structures,and
uses within the corporate limits of the City shall conform to the applicable district purposes as defined in this
10/37
chapter and shall conform to applicable district regulations as enumerated in Tables 15.10.220 and 15.10.225.
(Ord. 626, §3, 1989)
15.10.125 -Permitted uses.
(a) The express enumeration and authorization of a particular class of building, structure, premises, or
use in a designated zone shall be deemed a prohibition of such building, structure, premises, or use in all
other zones unless otherwise specified.
(b) In cases of reasonable doubt as to whether a use is permitted in a specific zone, the guidelines
established for conditional uses in section 15.10.320 shall apply.
(Ord. 626, § 3, 1989)
15.10.130-Unlisted uses.
(a) Unlisted uses may be allowed within a district upon written decision by the commission provided
that each unlisted use meets all of the following conditions:
(1) The use is not specifically permitted in any other district:
(2) The use is not more appropriate in another district; and
(3) The use is consistent with the purpose of the district in question, and is similar to other uses
permitted outright.
(Ord. 626, § 3, 1989)
15.10.135 -Conflicts between codes.
Whenever there is a conflict within this chapter or with other ordinances pertaining to regulation of
property within the City, the most restrictive regulation shall apply.
(Ord. 626, § 3, 1989: Ord. 94-10: Ord. 99-16, § 3, 1999)
15.10.140-Definitions.
(a) General interpretation.
(1) Words used in the present tense include the future tense.
(2) The singular number includes the plural.
(3) The word "person" includes a corporation as well as an individual.
(4) The word "lot" includes the word "plot"or"parcel."
(5) The term "shall" is always mandatory.
(6) The word "used" or "occupied" as applied to any land or building shall be construed to include the words
"intended," "arranged,"or"designed to be used or occupied."
(b) Specific definitions. (Parenthetical references are for cross-reference only.) In this chapter, unless otherwise
provided or the context otherwise requires:
(1) Accessory building.A detached structure that:
a. Is clearly incidental to and customarily found in connection with a principal building or use;
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b. Is subordinate to and serves a principal building or use;
c. Is subordinate in area, extent or purpose to the principal building or use served;
d. Contributes to the comfort, convenience or necessity of occupants, business or industry in the principal
building or use served;and
e. Is located on the same or adjacent lot under the same ownership as the principal building or use served.
An accessory building shall be considered to be a part of the main building when joined by a common wall or
connected by a breezeway to the main building. Accessory building means any structure regardless of type of
foundation or base support, including skid-mounted or other moveable structures.
(Accessory or mother-in-law apartment. See Dwelling, Efficiency apartment)
(2) Agriculture. Commercial farming, dairying, pasturage, horticulture, floriculture, viticulture, or animal
and poultry husbandry including buildings used to shelter farm implements, hay, grain, poultry, livestock
or other farm produce in which there is no human habitation and which is not used by the public.
(3) Airport. A place where aircraft can land and take off, usually equipped with hangars, facilities for
refueling and repair, various accommodations for passengers, and business lease sites.
(4) Alley. A dedicated public way which affords a secondary means of access to abutting property and
not intended for general traffic circulation.
(5) Alteration. Any change, addition or modification in the construction, location or use of a building.
(6) Amusement and recreation facility. Establishment engaged primarily in providing entertainment for a
fee including such activities as bowling alleys, billiards and pool, dance hall, pinball machines, video
games or other similar player-operated amusement devices.
(7) Antenna. A device used to transmit and/or receive radio or electromagnetic waves between
terrestrially and/or orbital based structures. Includes satellite dish.
(Apartment. See Dwelling)
(8) Auto repair station. A place where a qualified automotive mechanic provides services such as
general motor vehicle and engine repair, reconditioning or rebuilding, and collision service including body,
frame and fender straightening and repair, painting and undercoating of motor vehicles.
(9) Auto service station. A place used primarily for the retail dispensing of motor fuels and/or installation
of tires, batteries and other accessories and services which do not customarily or usually require the
services of a qualified automotive mechanic. Also known as a gas station.
( Bed and breakfast. See Lodging)
( Boarding or rooming. See Lodging)
(10) Brewpub. An establishment that is primarily an eating place which includes the brewing of beer
as an accessory use.
(11) Building. Any structure built for the support, shelter or enclosure of persons, animals, chattels or
property of any kind.
(12) Building area. A total area taken on a horizontal plane at the main grade level of the principal
building and all accessory buildings, exclusive of external steps.
(13) Building, existing. A building erected prior to the adoption of this Code or one for which a legal
building permit has been issued.
(14) Building height. The vertical distance above a reference datum measured to the highest point of
the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable
of a pitched or hipped roof. The reference datum, which must be between the building and the property
line or in a dedicated public right-of-way that is accessible to fire suppression personnel and rescue
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equipment, shall be selected by either of the following, whichever yields the greater height of the building:
a. The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal
distance of the exterior wall of the building when such a sidewalk or ground surface is not more than ten
feet above the lowest grade; or
b. An elevation ten feet higher than the lowest grade when the sidewalk or ground surface described in
subsection a., above is more than ten feet above the lowest grade. The height of a stepped or terraced
building is the maximum height of any segment of the building.
(15) Building, principal or main. A building in which is conducted the principal or main use of the lot on
which the building is situated. Attached garages, porches and carports shall be considered to be part of
the principal building.
( Bunkhouse. See Housing)
(16) Business, general sales. A premises where the sale of goods or commodities to the consumer
takes place; i.e., groceries; bakeries; hobby, knot or yarn shops, book, gift or apparel shops; fishing
equipment, hardware or vehicle sales; restaurants; vehicle rentals or variety stores.
(17) Business, personal service. The conduct of business where personal assistance is offered for
compensation; i.e., dressmaking, tailoring, barbers and beauty, etc.
(18) Campground. A plot of ground upon which two or more campsites are located, established or
maintained for occupancy by camping units as temporary living quarters for recreational or vacation
purposes.
a. Campground, municipal. Campgrounds owned or operated by the City and designated as public
campgrounds by resolution of the City Council.
b. Campground, private camper parks. A privately owned and operated campground on any parcel, or
adjacent parcels of land in the same ownership, which is used by two or more camping units.
c. Campground, employee. An area operated by an established business with high seasonal
employment of transient workers as a housing alternative and not construed to be a construction camp.
(19) Camper park. A privately owned and operated campground on any parcel, or adjacent parcels of
land in the same ownership, which is used by two or more camping units.
(20) Camping unit. A tent or recreational vehicle.
(21) Child care, licensed home. In accordance with Alaska Statutes, a private residence where adult
care, protection and supervision is provided for children other than the occupant's. Also called day care,
nursery school, preschool and kindergarten.
(22) Church. A building, structure or group of buildings or structures primarily intended for conducting
organized religious services and associated accessory uses. The definition of a church shall be
dependent upon U.S. Internal Revenue Service and the Kenai Peninsula Borough Assessor's Office
interpretation. A standard single-family residence not remodeled for public meetings shall not be
considered a church.
(23) Clinic. A building or portion thereof containing offices and facilities for providing out-patient
medical, dental or psychiatric services, and which may include a dispensary to handle medication and
other merchandise prescribed by physicians in connection with their medical practice.
(24) Club, private. A building and related facilities owned or operated by a corporation, association or
group of individuals established for the fraternal, social, educational, recreational or cultural enrichment of
its members, but not primarily for profit, and whose members meet certain prescribed qualifications for
membership and pay dues. Includes lodges.
(25) Cluster subdivision. A development design technique that permits a reduction in lot area provided
there is no increase in the number of lots permitted under a conventional subdivision or increase in
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overall density of development by concentrating buildings in specific areas on a site to allow the
remaining land to be used for recreation, common open space and preservation of environmentally
sensitive areas.
( Commercial building apartment. See Dwelling)
(26) Commercial use. An occupation, employment or enterprise that is carried on for profit by the
owner, lessee or licensee.
(Condominium. See Dwelling)
(Convalescent or nursing home. See Housing)
(27) Convenience store. A small-scale neighborhood grocery establishment offering for sale
prepackaged food products, household items and other goods commonly associated with the same and
having a gross floor area of less than 5,000 square feet.
( Dormitory. See Housing)
(28) Drinking establishment. Any premises wherein the principal purpose is the retail sale of alcoholic
beverages for consumption on the premises and minors are excluded therefrom by law. Includes bar,
cocktail lounge, tavern and nightclub.
(29) Drive-in facility. Any portion of a building or structure which by design permits customers to receive
services, obtain goods or be entertained while remaining in their motor vehicles.
(30) Dwelling. A building designed or used exclusively as living quarters for one or more families.
a. Apartment. Any portion of a building which is designed, built, rented, leased, let or hired out to be
occupied or which is occupied as the home or residence of an individual for daily living and doing his own
cooking independently of any other individual or family in the same building.
b. Apartment, commercial building. An apartment located within a building designed to accommodate a
mix of residential and commercial uses.
c. Apartment, efficiency (also called accessory apartment ). A single separate dwelling unit consisting of
not more than one habitable room which includes combined kitchen, dining and sleeping areas with
accompanying sanitary facilities, and which is located within or shares a common wall with a single-family
dwelling.
d. Apartment, owner or manager. An apartment within a building that is designed to be used exclusively
as the living quarters for the owner or manager family of that building or a commercial business located in
the building.
e. Apartment, studio. A small apartment less than 500 square feet with a fully functional kitchen and
bathroom.
f. Condominium. A form of housing ownership by which a person may purchase and own one dwelling
unit in a multiunit building or development. Each owner owns a common interest in such things as the
underlying land, common walls, stairwells, elevators, lobbies, laundry rooms and recreation rooms.
g. Guest house. An accessory building occupied on a temporary basis solely by nonpaying guests.
h. Mobile home. A factory-built home designed to be used as a year-round residential dwelling and
originally designed and mounted on wheels and/or axle supports for transportation by another vehicle.
i. Modular home. A factory-built residential structure that is transportable in one or more sections, is
built on a permanent chassis, and is used as a place of human habitation, but which is not constructed
with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery
to a permanent site, and which does not have wheels or axles permanently attached to its body or frame.
Includes factory-built and manufactured home.
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j. Multiple-family. A building designed as a residence for three or more families, with the number of
families in residence not exceeding the number of dwelling units provided and each living independently
of the other under one roof.
k. Single-family, attached. A building containing two or more dwelling units, each of which has primary
ground floor access to the outside and which are attached to each other by party walls without openings.
Also commonly called townhouse, row house and zero-lot line.
I. Single-family, detached. A building designed and/or used exclusively for occupancy of one family and
entirely surrounded by open space on the same lot.
m. Two-family or duplex. A building containing two single-family dwelling units totally separated from
each other by an unpierced wall extending from ground to roof or unpierced ceiling and floor extending
from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.
n. Unit, dwelling unit. A building or separate portion thereof containing kitchen, living, sleeping
accommodations and at least one bathroom and designed to be occupied exclusively as a residence by
one family.
o. Watchman or caretaker dwelling. An accessory dwelling associated with a commercial or industrial
building or structure for the purpose of housing a watchman or caretaker and immediate family.
(31) Family. Any number of individuals not necessarily related by blood, marriage, adoption or
guardianship living together in a dwelling unit as a single housekeeping unit and distinguished from a
group occupying a rooming house, club, fraternity house or hotel.
(32) Farm animal. Any cow. horse, mule, goat, sheep, pig, chicken. or other similar animal commonly
kept as livestock.
(33) Flea market. An occasional or periodic sales activity held within a building or open area where
groups of individual sellers offer goods, new and used, for sale to the public, not to include private garage
sales.
(34) Floor area, useable. That area used for or intended to be used for the sale of merchandise or
services or as leasable office space as measured from the interior surfaces of the walls enclosing that
part of the building. Such floor area which is used or intended to be used for the storage or processing of
merchandise, hallway or for utilities or sanitary facilities is excluded from this computation of useable floor
area.
(35) Fractions. In the determination of density, required parking spaces or other requirements of this
Code, computations resulting in a fractional number of 0.50 or above shall be considered the next larger
whole number.
(36) Garage, private. An accessory building or portion of a main building designed or used solely for
storage of motor vehicles, boats and similar vehicles owned by the occupants of the building to which it is
accessory.
(37) Greenhouse, commercial. A light-permeating structure used for cultivating and growing plants in a
controlled temperature and humidity environment where such plants are offered for sale either on the
premises or at another location.
( Group care home. See Housing)
( Guest house. See Dwelling)
(38) Guide service. Any premises used for collecting or returning persons from recreation trips when
remuneration is provided for the service.
( Halfway house. See Housing)
(39) Health club. Includes, but is not limited to, gymnasiums (except public), private clubs (athletic,
health or recreational), reducing salons and weight control establishments.
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(40) Historic district. An area containing buildings or places in which historic events occurred or having
special public value because of notable architectural or other features relating to the cultural or artistic
heritage of the community of such significance as to warrant conservation and preservation.
(41) Home occupation. Any use customarily conducted entirely within a dwelling. or its accessory
building, and carried on by the occupants thereof, which is clearly incidental and secondary to the use of
the dwelling for dwelling purposes and does not change the character thereof, and in connection with
which there is no exterior sign, no display or stock in trade, no outside storage of materials or equipment,
no commodity sold upon the premises and not more than two persons are engaged in such occupation.
(42) Home professional office. A home occupation consisting of the office of a practitioner of a
recognized profession.
( Hostel. See Lodging)
( Hotel. See Lodging)
(43) Housing. Structures providing housing for groups of people, such as students, employees or
nursing home residents.
a. Bunkhouse. A building used as living quarters for people such as cannery workers or construction
laborers where shower and sanitary facilities are shared and in which there are no individual cooking
facilities.
b. Convalescent or nursing home. A structure with sleeping rooms where persons are housed or lodged
and are furnished with meals, nursing and medical care.
c. Dormitory. A building used as residential group living quarters for a student body or religious order as
an associated use to a school, orphanage or other similar institutional use, and does not include kitchen
facilities except a group kitchen facility to serve all residents.
d. Group care home. A dwelling shared by no more than five disabled persons, plus resident staff, who
live together as a single housekeeping unit and in a long-term, family-like environment in which staff
persons provide care. education and participation in community activities for the residents with the
primary goal of enabling residents to live as independently as possible in order to reach their maximum
potential. The term "group care home" shall not include alcoholism or drug treatment centers, work
release facilities for convicts or ex-convicts or other housing facilities serving as an alternative to
incarceration.
e. Halfway house. A licensed home for inmates on release from more restrictive custodial confinement,
or initially placed in lieu of more restrictive custodial confinement, wherein supervision, rehabilitation and
counseling are provided to mainstream residents back into society, enabling them to live independently.
Such placement is pursuant to the authority of the Alaska Department of Corrections.
(44) Junk. Dismantled or wrecked automobiles, aircraft, motor vehicles or machinery, mobile homes,
trailers, watercraft, used appliances or furniture, scrap building materials, metals, rubber, paper, plastic or
other scrap materials.
(45) Kennel. Any enclosure, building, shelter, area or establishment used for the purpose of breeding,
buying, selling, keeping or boarding five or more dogs over the age of four months, whether for profit,
pleasure, or as pets, by any person, individual, corporation, group of people or business entity. Does not
include an animal shelter.
(46) Livestock. Generally accepted large (over 250 pounds) and small (under 250 pounds) outdoor
farm animals (i.e., cows, goats. horses, pigs, barnyard fowl, etc.). Does not include cats, dogs and other
common household pets.
(47) Loading space. A space located on premises for pickup and delivery at the premises. Required off-
street loading space shall not be included as an off-street parking space.
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(48) Lodging. The renting out of a dwelling, or portion thereof, to provide overnight sleeping
accommodations for a period of less than 30 consecutive days. The use includes the providing of meals
to overnight guests only. This use includes bed and breakfast, but does not include motel, hotel or hostel.
a. Bed and breakfast. An owner occupied and operated single-family residential dwelling where lodging
with a meal is provided for compensation on a short-term basis. The term does not include
boardinghouses and separate apartments which are leased on a month-to-month or longer basis.
b. Boarding or rooming. An owner occupied building which has not more than five rooms available for
rent or lease on other than a day-to-day basis and not open to transient guests for residential occupancy
and in which no cooking or dining facilities are provided in the individual rooms. Meals may be regularly
prepared and served for compensation at a table, family-style, without service or ordering of individual
portions from a menu. The term includes lodging house or rooming house but does not include separate
apartments with individual kitchen and bath facilities.
c. Hostel. A building, or portion thereof, in which temporary or overnight lodging is provided for hikers,
cyclists or other travelers not generally traveling by car.
d. Hotel. A facility with six or more guest rooms and on-premises management offering transient
lodging accommodations to the general public on a daily rate where access to all sleeping rooms is
through a main entrance and which may provide food, entertainment, meeting rooms, recreational
facilities or various personal services. Includes lodges and inns.
e. Motel. A building, or group of detached or connected buildings, having six or more guest rooms, an
on-premises manager and parking conveniently located on the premises, which are designed primarily to
offer sleeping accommodations, with or without meals, to the motoring public on a daily rate. Includes
designations such as motor lodges, auto courts, tourist courts and similar terms.
(49) Lot. A parcel of land of at least sufficient size to meet minimum zoning requirements for use,
coverage and area and to provide such yards and other open spaces as are herein required. Such lot
shall have frontage or access on a public street or on an approved private street and may consist of:
a. A single lot of record;
b. A portion of a lot of record;
c. A combination of complete lots of record, or complete lots of record and portions of lots of record, or
portions of lots of record; or
d. A parcel of land described by metes and bounds, provided that in no case of division or combination
shall any residual lot or parcel be created which does not meet the requirements of this chapter and that,
in the case of multiple lots or portions thereof, the property be replatted to eliminate interior lot lines.
A. Lot area. The total horizontal area within the lot lines of a lot, exclusive of streets and alleys.
B. Lot, buildable or useable area. That portion of a lot that a prudent person would use to construct a
building and provide required parking. This excludes lakes and rivers, creeks, cliffs, marshes and other
similar natural obstacles to development with the property counting toward minimum required size.
C. Lot, corner. A lot situated at the intersection of two or more streets having an angle of intersection of
not more than 135 degrees.
D. Lot coverage. The area of a site covered by building or roofed areas, including covered porches,
decks and accessory buildings, but excluding allowed projecting eaves.
E. Lot depth. The horizontal distance between the front and rear lot lines measured on the longitudinal
centerline.
F. Lot. interior. A lot other than a corner lot.
G. Lot line, front. In the case of an interior lot, a line separating the lot from the street. In the case of a
corner lot, the owner may choose which street he shall designate as the front of the lot. Once the choice
of frontage has been made, it cannot be changed unless all requirements for yard space are met.
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H. Lot line, rear. A line opposite and most distant from the front lot line and, in the case of irregular or
triangular shaped lots, a line not less than ten feet in length within the lot, parallel to and at the maximum
distance from the front lot line.
I. Lot line, side. Lot boundary not a front lot line or a rear lot line.
J. Lot line, zero. The mean horizontal line whereby two adjacent buildings from adjacent lots can be
constructed with a common party wall providing a proper fire wall rating. All other aspects are the same
as in conventional development.
K. Lot width. The average horizontal distance separating side lot lines of a lot and at right angles to its
depth.
(50) Lumberyard. An establishment that sells sawn timber and other building materials typically stored
on the premises.
(51) Manufacturing, heavy. A use engaged in the basic processing and manufacturing of materials or
products predominately from extracted or raw materials; or a use engaged in storage of or manufacturing
processes using flammable or explosive materials; or storage or manufacturing processes that potentially
involve hazardous or commonly recognized offensive conditions.
(52) Manufacturing, light. A use engaged in the manufacture, predominantly from previously prepared
material, of finished products or parts, including processing, fabrication, assembly, treatment, packaging,
incidental storage, sales and distribution of such products, but excluding basic industrial processing.
(53) Marjjuana. Marijuana means "marijuana" as that term is defined in Alaska Statute 17.38.900 and
any amendments thereto.
(54) Marijuana establishment. Marijuana establishment means a marijuana cultivation facility, a
marijuana testing facility, a marijuana product manufacturing facility, or a retail marijuana store as those
terms are defined in AS 17.38.900 and any amendments thereto.
a. Marijuana cultivation facility. Marijuana cultivation facility means an entity registered to cultivate,
prepare, and package marijuana and to sell marijuana to retail marijuana stores, to marijuana product
manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers.
1. Limited marijuana cultivation facility. A limited marijuana cultivation facility has the privileges set forth
at 3 AAC 305.405(a) and (b). and is subject to the prohibitions at 3 AAC 306.405(c), except that it must
have fewer than 500 square feet under cultivation.
b. Marijuana product manufacturing facility. Marijuana product manufacturing facility means an entity
registered to purchase marijuana; manufacture, prepare, and package marijuana products; and sell
marijuana and marijuana products to other marijuana product manufacturing facilities and to retail
marijuana stores, but not to consumers.
c. Marijuana testing facility. Marijuana testing facility means an entity registered to analyze and certify
the safety and potency of marijuana.
d. Retail marijuana store. Retail marijuana store means an entity registered to purchase marijuana from
marijuana cultivation facilities. to purchase marijuana and marijuana products from marijuana product
manufacturing facilities, and to sell marijuana and marijuana products to consumers.
(55) Marijuana products. Marijuana products means concentrated marijuana products and marijuana
products that are comprised of marijuana and other ingredients and are intended for use or consumption.
such as, but not limited to, edible products, ointments, and tinctures.
(56) Marina. A facility for storing, servicing, fueling, berthing and securing and launching of boats that
may include the sale of fuel and incidental supplies for the boat owners and guests. Also includes harbor.
( Mobile home. See Dwelling)
(57) Mobile home park. A parcel or adjacent parcels of land in the same ownership upon which two or
more mobile homes are located or for which space is leased or held out for lease or use on a month-to-
month or longer basis. This does not include sale lots on which unoccupied mobile homes are parked for
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inspection and sales and shall not be construed to mean tourist facilities for parking of travel trailers,
motor homes or campers.
(58) Mobile medical unit. A trailer, motorized coach or van capable of being transported from place to
place, containing medical equipment such as a CT scanner, MRI or similarly complex medical diagnostic
device or decontamination equipment.
( Modular home. See Dwelling)
( Motel. See Lodging)
( Multiple-family. See Dwelling)
(59) Nonconforming building. Any building or portion thereof lawfully existing at the effective date of the
ordinance affecting it and which does not conform to all of the use, height and density regulations of the
zone in which it is located.
(60) Nonconforming use. A use which lawfully occupied a building or land at the effective date of the
ordinance affecting it that does not conform to the use provisions of the zoning district in which it is
located.
(61) Noxious use. A use which is injurious or harmful to health, highly disagreeable or offensive.
(62) Office. A building or portion of a building wherein services are performed involving predominantly
administrative, professional or clerical operations; i.e., travel, insurance, employment, utility, public
service or government agencies.
(63) Open area. Open area is any portion of the lot not:
a. Covered by a structure, or;
b. Used for parking spaces and maneuvering.
(64) Owner. Any individual, firm, association, syndicate, partnership, corporation, trust or any other
legal entity having sufficient proprietary interest in the land, including the attorney or agent thereof.
(65) Park. Any public land available for recreational, educational, cultural or aesthetic use.
(66) Parking area. A structure or an open area, other than a street, alley or other right-of-way, on which
vehicle parking spaces are defined. designated or otherwise identified and available, whether free or for
compensation, for use by the public, clients, tenants, customers, employees or owners of the property for
which the parking area is required by ordinance.
(67) Parking requirements as stated in terms of employees. The maximum number of employees who
will be at the site at one time on either a single shift or an overlap of shifts.
(68) Parking space, off-street. A designated area sufficient in size to accommodate one motor vehicle,
exclusive of maneuvering room, designed with adequate independent access to, but located off, any
street, alley or other right-of-way.
(69) Parking, valet. Attendant parking provided as a service to patrons of commercial establishments.
(70) Peddler. A person who, with no fixed place of business, goes from house to house, place to place,
or from store to store transporting goods, wares or merchandise for sale or offering or exposing the same
for sale or making sales and delivering articles to purchasers. (See Transient merchant and Vending,
Street.)
(71) Planned unit development. A land development under unified control that is planned and
constructed in its entirety as a single development operation or in a series of programmed stages. The
development may include streets, circulation ways, utilities, residences, commercial buildings, open
spaces and other site features and improvements some of which may not otherwise be individually
permitted.
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(72) Profession. An occupation or calling requiring the practice of a learned art through specialized
knowledge, training, experience or a degree issued by an institute of higher learning; i.e., doctor of
medicine, lawyer, engineer or real estate broker.
(73) Professional office. The office of a member of a recognized profession maintained for the conduct
of that profession.
(74) Recreational, indoor commercial. A facility accommodating such indoor recreation activities as
skating rinks, bowling lanes or shooting/archery ranges.
(75) Recreational, outdoor public. Outdoor recreation facilities such as sports fields, ice rinks, playing
fields or miniature golf.
(76) Recreational vehicle. A vehicle used or intended to be used as transient living or sleeping quarters
for humans and which may be driven, towed or propelled from one location to another without change in
structure or design, whether or not the same is supported by wheels or identified by a model. serial or
vehicle registration number. Includes travel trailers, camping trailers, tent campers, trailer coaches. motor
homes, truck campers and similar vehicles.
(77) Recreational vehicle (RV) park. Any parcel of land upon which two or more recreational vehicle
sites are located, established or maintained for commercial occupancy by recreational vehicles of the
general public as temporary living quarters for recreation or vacation purposes. Includes trailer park and
camper park.
(78) Recycling center. A building in which used material is separated and processed prior to shipment
to others who will use those materials to manufacture new products.
(79) Recycling collection point. An incidental use serving as a neighborhood drop-off point for
temporary storage of recoverable resources. No processing of such items would be allowed. This facility
would generally be located in a shopping center parking lot or in other public/quasi-public areas such as
churches and schools, as opposed to being allowed on residential or vacant lots.
(80) Repair service, household/appliance. A business establishment where repairs are made to
appliances and furniture.
(81) Residence. A home, abode or place where an individual is actually living at a specific point in time.
(82) Resource extraction. Commercial or industrial operations involving the removal of nonrenewable
natural resources such as ore, topsoil, sand, gravel, rock, gas, oil or any operations having similar
characteristics Said use includes the use of heavy equipment such as loaders, dozers, backhoes and
crushers.
(83) Restaurant. An establishment whose principal business is the sale of food and/or beverages to
customers in a ready-to-consume state and whose principal method of operation includes one or both of
the following characteristics:
a. Customers, normally provided with an individual menu, are served their foods and beverages by a
restaurant employee at the same table or counter at which the food and beverages are consumed; and/or
b. A cafeteria-type operation where food and beverages generally are consumed within the restaurant
building.
(84) Restaurant, fast-food. An establishment whose principal business is the sale of quickly prepared,
ready-to-eat food and/or beverages for consumption within the restaurant building, within a motor vehicle
parked on the premises, or off the premises as carry-out orders, and whose principal method of operation
includes the following characteristics: orders are generally taken at a main counter or drive-up window
and food and/or beverages are usually served in disposable wrapping or containers. This includes drive-
in and carry-out restaurants.
(85) Right-of-way. An area or strip of public land which incorporates or is intended to be occupied by,
but not limited to, streets. alleys, sidewalks, bike paths, curbs, gutters, landscaping and/or public utilities.
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a e
(86) Salvage yard (auto wrecking, scrap, junk). Any area used for the storage, keeping or abandonment
of junk or waste material, including scrap metal or other scrap materials, or for the dismantling, demolition
or abandonment of automobiles, machinery, other vehicles or parts thereof.
(87) School. Any public, religious or nonprofit facility providing a general curriculum of academic or
vocational instruction serving any or all grades between kindergarten and twelfth grade.
(88) School, commercial. A facility providing commercial instruction in such activities as music, dance,
arts, crafts and sailing.
(89) School, adult vocational. A facility providing a general curriculum of adult academic or vocational
instruction.
(90) Setback. The required minimum distance from a right-of-way or lot line that establishes the area
within which only fencing, landscaping, driveways, parking and similar uses are permitted. Any structure
including, but not limited to, decks, stairways, porches or other attachments to a building are specifically
prohibited in the setback. Building eaves are permitted to extend into the setback a maximum of two feet.
(91) Shopping center. A single complex which provides a combination of retail establishments designed
in such a manner as to provide convenience for shoppers with common parking facilities. Includes mall.
( Single-family, attached. See Dwelling)
( Single-family, detached. See Dwelling)
(92) Solid waste facility. A disposal site employing an engineering method for disposing of solid wastes
in a manner that minimizes environmental hazards. Includes landfill, compactor, transfer, etc.
(93) Storage. A structure or designated area that provides space for storing.
a. Container. An accessory storage use consisting of containers such as semi-tractor vans, shipping
containers and conex containers originally designed to transport goods and materials via highway, rail, air
or sea. which are placed on a parcel of land and used for covered storage provided that all wheel
assemblies have been removed, and the unit is located outside any setbacks. Containers, whether
temporary or permanent, are considered a structure and must comply with current adopted building
codes. Railroad box cars are excluded except in the industrial zone. (See Accessory Use/Building,
Building, and Structure)
b. Outdoor. The commercial keeping, in an unroofed area and usually enclosed by a fence, of any
goods, junk, material, merchandise or vehicles in the same place for an extended period of time. In the
harbor commercial area, the use is limited to the storage of boats only.
c. Self-service. A building or group of buildings consisting of individual, small, self-contained units that
are leased or owned for storage of business and household goods or contractors' supplies. Includes mini
warehouses.
d. Warehouse and distribution. A building used primarily for the storage and/or distribution of goods,
products, materials, supplies and equipment, but excluding bulk storage of materials that are flammable
or explosive or that create hazardous or commonly recognized offensive conditions.
(94) Street. A dedicated public way which affords the principal means of access to abutting property.
such as an avenue, place, drive, boulevard, highway or other similar public thoroughfare, except an alley
as defined herein.
(95) Structure. Anything constructed or erected on the ground or attached to something having location
on the ground, including, but not limited to, buildings, towers, and sheds. Fences, retaining walls less than
three feet in height, signs and similar improvements of a minor character are excluded.
(96) Surface, durable. Means brick, flag-type stone, gravel, cement, or asphalt.
(97) Temporary structure. A structure without any foundation or footings as allowed by the adopted
building code which must be completely removed from the parcel when the temporary permit for the
structure/use expires.
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(98) Trailer. A structure standing on wheels, towed or hauled by another vehicle and used for carrying
materials, goods or objects or as a temporary office or business.
(99) Transient merchant. Any person, partnership, firm or corporation, whether a resident of the City or
not, who engages in a temporary business, within a period not exceeding 150 consecutive days in a
calendar year, of selling and delivering goods and/or services, wares and merchandise for profit or
nonprofit within the City by operating on a door-to-door, street corner or similar basis; or from no fixed
location or office; or from a location out-of-doors or in quarters that are easily moveable, such as a
temporary leased area or space, motor vehicle, trailer or tent. Includes peddlers, solicitors, itinerant
merchants and vendors. Does not include vehicles for hire.
( Two-family or duplex. See Dwelling)
( Unit, dwelling unit. See Dwelling)
(100) Utility, public facility. An installation owned by an agency under public franchise or ownership, or
under certificate of convenience and necessity, providing the public with electriCity, gas, heat, steam,
communication, water, sewage collection or other similar service.
(101) Vehicle, motor. A self-propelled device used for transportation of people or goods over land
surfaces and licensed as a motor vehicle.
(102) Vending. The sale of food, services or merchandise.
a. Hawking. Is the loud or continuous audible solicitation of business by a vendor to the general public.
b. Mobile vending cart. Is a non-motorized structure or unit on wheels that is easily moved and used for
vending.
c. Mobile vendor. A person or business that sells food or permitted types of goods from City-approved
locations using (i) a licensed vehicle or cart capable of movement; or (ii) a licensed trailer pulled behind a
motor vehicle.
d. Pre-packaged food. Ready-to-eat food that is cooked, wrapped, packaged, processed. or portioned
for service, sale or distribution.
e. Roving vendor. A person who offers only pre-packaged food items to the public. with or without the
use of a licensed motor vehicle, from no fixed location on public property, only on rights of way within
designated zoning districts, excluding Fourth Avenue between Port Avenue and Van Buren Street, and
also excluding Fourth and Fifth Avenues between Jefferson Street and Railway Avenue.
f. Transient merchant. Any person, partnership, firm or corporation, whether a resident of the City or
not, who engages in a temporary business, within a period not exceeding 150 consecutive days in a
calendar year, of selling and delivering goods and/or services, wares and merchandise for profit or
nonprofit within the City by operating from a location out-of-doors or in quarters that are easily moveable,
such as a temporary leased area or space, or motor vehicle, trailer or tent. Includes peddlers, solicitors,
itinerant merchants and vendors. Does not include vehicles for hire. Transient merchants operate
exclusively from private property. (Note: Transient merchant definition relocated. Previously 15.10.140. B.
95.)
(103) Veterinary hospital. A facility, which may include animal runs, in which veterinary services are
rendered to animals and domestic pets and which may include clipping, bathing, boarding and other
services. Includes veterinary clinic.
( Watchman or caretaker dwelling. See Dwelling)
(104) Water-dependent. A use or activity which can be carried out only on, in or adjacent to water areas
because the use requires access to the water body for water-borne transportation, recreation, energy,
production or source of water.
(105) Water-related. Uses which are not directly dependent upon access to a water body but which
provide goods or services that are directly associated with water-dependent land or waterway use and
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which, if not located adjacent to water, would result in a public loss of the quality of goods or services
offered.
(106) Yard. A required open space on the same lot with a main building, unoccupied or unobstructed
from the ground upward, except as otherwise provided in this chapter.
a. Front. The area extending across the full width of a lot, measured between the front lot line and the
nearest exterior wall of the building, front of a bay window or the front of a covered porch or other similar
projection, whichever is the nearest to the front lot line.
b. Rear. A yard extending across the full width of the lot between the most rear extension of the main
building and the rear lot line. The depth of the required rear yard shall be measured horizontally from the
point of the rear lot line nearest to the main building. In cases of double frontages and corner lots, there
are no rear yards, only front and side yards.
c. Side. A yard between a main building and side lot line, extending from the front yard to the rear yard.
The width of the required side yard shall be measured horizontally from the nearest point of the side lot
line toward the nearest part of the main building.
(107) Zero-lot line. The location of a building on a lot in such a manner that one or more of the
building's sides rests directly on a lot line.
15.10.220 - Development requirements
(a) Table 15.10.222, development requirements, is incorporated herein by reference and the
restrictions and annotations contained therein are mandatory unless otherwise modified by this chapter.
(See tables at the end of this title; see also section 15.10.210.)
(b) Building height. The purpose of building height standards is to prevent loss of life or excessive
property damage through the inability of the City fire department to reach upper stories or roofs and to
help maintain the character of neighborhoods.
(c) Setbacks—Yards.
(1) Setbacks are required to insure sufficient open area for snow accumulation, sunlight, views, privacy,
fire separation and visual relief between structures.
(2) No yard or other open space provided about any building for the purpose of complying with the
provisions of this chapter shall be considered as providing a yard or open space for any other building,
and no yard or open space on one lot shall be considered as providing a yard or open space on any other
lot.
(3) No yard or lot shall be reduced in size or area below the minimum requirements set forth herein.
Yards or lots created after December 5, 1978 shall meet at least the minimum requirements established
by this chapter.
(4) In cases of corner lots with multiple frontages, the administrative official shall designate the front
yard, and all other frontages shall be designated as a side to a street.
(5) All structures shall be designed and constructed to prevent roofs from shedding snow onto adjacent
lots, structures, fences, or other property.
23/37
t t
Table 15.10.222. Development Requirements
Principally
Zoning Districts Principally Residential Principally Commercial
Public
RR RI 1:2 qg RM INS
Maximum Building
Height(ft.)(See Note 34 34 3-t 34 34 34
1,next page)
•
Minimum Buildable Varies Varies Varies Valk.,Lot Size(sq.ft.)(See 20.000 3,000 to 3.000 to 3.000 to 6,-(n)11 i„ 10.000 20.000 None
Notes 2 and 7,next
page) 7,000* 7,000* 9.000`` 9.0un
Minimum Lot Width Varies Varies Varies
(ft.)(See Notes 3 and 100 30 to 30 to 30 to t't) r 100 Nona
9n1
7,next page) 60* 60* 90*
Minimum Front Yard
Setback(ft.)(See Note
7,next page)except 20 20 111 I
Leirer and Tract C-1
below
Minimum Front Yard
Setback(ft.)for Leirer
Industrial Subdivision
and Alaska Skill 20 20 11 1 I n
Center Tract C-1 only.
(See Note 7,next
•
page)
Minimum Side Yard ' 5 or 5 5 or 5
Setback(ft.)(See min. min.
Notes 4 and 7,next 10 with 15 ‘xith 15 1�1
page) total* total*
•
Minimum Side Yard
Setback Adjacent to 10 10 I i I i 1Street(ft.)(See Note 7, -
next page)
Minimum Rear Yard •
Setback(ft.)(See 10 10 10 I I(1
Notes 5 and 7,next
page)
Maximum Accessory
Building Height(ft.) 20 20 ?ii 20 3-I 20 jo
•
Maximum Lot
Coverage(%)(See
Notes 2G and 6,next 30 351111 ,i n 100* 30
page)
24/37
Table 15.10.222. Development Requirements—Table Notes
NOTE 1. Within the HC District, in the area bounded by Fourth Avenue, the southern boundary of the
South Harbor Uplands - Tract H, Waterfront Park Replat, the harbor basin and J Float Ramp, building
height is limited to 26 feet.
NOTE 2.
A. Buildable/useable area—Lot may have to be larger to have minimum buildable area available.
B. In the R1, R2, R3, UR, OR , AC and CB Districts, from the Seward Highway/Phoenix Road
intersection South, to include the Bayview Subdivision, 3,000 SF and north, 6,000 SF with 30 and 60 foot
minimum frontages respectively, for single-family residences.
C. A single RR lot may be divided into two lots of less than 20,000 SF each if the reduction below
20,000 SF is to accommodate required widening of an adjacent right-of-way.
D. In the R1, R2, R3, UR, OR , AC and CB Districts, individual lots of at least 3,000 SF in the Original
Townsite, Federal Addition, Laubner Addition, Cliff Addition and Bayview Addition may be developed for
single-family residences provided all other development requirements of this chapter are met.
E. Multiple-Family developments (except studio apartments) with three or more units require a
minimum of 9,000 SF in the R3, UR, OR, AC and CB Districts and 20,000 SF in the RM District. All said
districts require an additional 1,200 SF per unit of five or more units.
F. Two-Family or duplex developments require a minimum of 6,000 SF in the R2, R3, UR, OR, AC and
CB Districts and 20,000 SF in the RM District. Duplex developments within the Federal Addition
Subdivision require 5,000 SF. All other development requirements of this chapter shall be met.
G. Multiple-Family, studio apartments in the OR, AC, CB, HC, I and RM districts require a minimum of
9,000 SF. The total square footage required for lot setbacks shall be reserved as open area. All other
requirements set forth in this chapter shall be met.
NOTE 3. See Notes 2-D and 2-E above.
NOTE 4. From Seward Highway/Phoenix Road intersection—South, a five-foot setback, each side; north,
a minimum five-foot setback each side as part of a combined 15-foot setback total between both sides.
NOTE 5. In the HC District, parcels abutting mean high tide—No rear yard setback; parcels abutting the
waterfront boardwalk—Five feet: and parcels not abutting the waterfront boardwalk or mean high water
mark—Ten feet.
NOTE 6. Excludes setbacks in HC and I.
NOTE 7. In the Industrial District, no minimum lot size, width or setbacks are required for unmanned
electronic sites.
NOTE 8. Tract D of USS 1864 Jesse Lee Home Subdivision shall not be used for any uses other than
those allowed in an R1 district, except for a long term care facility, aka skilled nursing care facility.
(Ord.2007-009,§1;Ord.2008-006,§1;Ord.No.2012-002,§1;Ord.No.2016-009,§1;Ord.No.2017-002,§1;Ord.No.2018-004,§1)
(Ord.99-10,§3;Ord.No.2018-004,§1)
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15.10.225 - Land uses allowed.
(a) Table 15.10.226 Land Uses Allowed is incorporated herein by reference and the restrictions contained
therein are mandatory unless otherwise modified by this chapter(See Table 15.10.226)
(b) Lodging as defined in section 15.10.140B. is allowed in accordance with table 15.10.225 of this chapter
and subject to the following conditions:
(1) Regardless of the date such use began, an annual administrative permit is required. Prior to issuing the
permit, the City shall conduct an annual life safety inspection of each guest room to assure compliance with
the current adopted building code door/window egress standards, the presence of an operable and inspected
fire extinguisher and adequate smoke detection systems, a posted evacuation plan. and visible signs
showing exit locations.
(2) Parking will be provided in accordance with section 15.10.215 of this chapter.
(3) No cooking or cooking facilities are permitted in individual guest bedrooms.
(4) Within single and two-family residential districts, lodging is limited to a home occupation within an
owner-occupied dwelling which is the owner's principal place of residence and to the rental of not more than
50 percent of the bedrooms to a maximum of five.
(5) In all other residential districts, lodging within single-family residences and duplexes is limited to a
home occupation within the business owner's principal place of residence and to the rental of not more than
50 percent of the bedrooms to a maximum of five.
(6) Within commercial districts. lodging is limited to the rental of not more than five guest bedrooms
regardless of building or business ownership.
(7) Multifamily dwellings used for lodging purposes are not required to be the business or property owner's
residence. The use shall be limited to not more than five apartment units.
(8) The rental of individual rooms for lodging purposes is not extended to apartment unit tenants.
(9) Regardless of business name, the use of more than five guest bedrooms or apartments is considered a
motel or hotel for building and other code interpretation purposes.
(c) Mobile vendor as defined in section 15.10.140(B)(98) Vending (C) of this chapter and which are
allowed in accordance with table §15.10.225 are subject to the following development requirements:
(1) An application for a mobile vendor must be submitted on a form provided by the City Clerk's office
yearly with colored pictures of at least two different angles of the unit the applicant is applying to license and
a description that includes the length and width, when in its widest configuration.
(2) Mobile vendors may operate at designated locations, by permit. Policies and procedures shall be set by
resolution of the City Council.
(3) The City police department has the right to close down a mobile vendor if vending is causing or
contributing to an imminent public safety hazard.
(4) No mobile vending shall take place on public property between the hours of 10:00 p.m. and 6:00 a.m.
unless otherwise posted.
(5) A mobile vendor may only offer, for sale, the following types of goods and services on public property:
food and/or non-alcoholic beverages; handicrafts, artwork, jewelry or similar goods or firewood.
(6) Licenses. In addition to complying with City of Seward ordinances related to mobile vendors and
applicable regulations, the owner and operator is responsible for applying for and obtaining all other
necessary licenses and satisfying the standards of the City permit conditions.
(7) Mobile vendor vehicles or carts may not remain in place overnight or in City parking lots.
(8) Mobile vendor vehicles must be self-contained when operating, except for the required trash and or
recycling receptacles, which shall be in a safe location and in no event shall impede the free movement of
automobiles or pedestrians, within their permitted lot or space.
(9) Mobile vendors must serve to the sidewalk or esplanade next to a sidewalk when parked in spaces
parallel to City sidewalks. 26/37
(10) It shall be unlawful for a vendor to attract customers by hawking or physically accosting persons.
(11) Each mobile vendor vehicle shall provide the City with a certificate of insurance to cover public liability
in the standard amount set by City policy. Insurance policies shall stipulate that the insurer will give written
notice to the City at least 30 days prior to cancellation or other termination in coverage. Prior to acceptance
of their permit, vendors shall execute an instrument under the terms of which the permittee shall agree to
indemnify, defend, and hold harmless the City from any and all claims for injury or damage to persons or
property suffered in connection with vendor activities.
(12) Any mobile vendor base station shall be properly licensed.
(13) Mobile vendors shall comply with all City code, policy and procedures. Failure to adhere to the
regulations for mobile vendors is cause for revocation or suspension of the license/ permit by the City Clerk.
(14) Mobile vendors shall display required permits and City business license in a prominent location on the
mobile vending cart or vehicle from which the business is conducted pursuant to the permit, so it is protected
from the weather and easily visible to the public.
(d) Roving vendor as defined in section 15.10.140 B 98 (e) of this chapter and which are allowed in
accordance with table 15.10.225 are subject to the following development requirements:
(1) Roving vendors shall not vend on any public street where the legal speed limit exceeds 25 miles per
hour, or on Fourth Avenue between Port Avenue and Van Buren Street, and also excluding that portion of
Fourth and Fifth Avenues between Jefferson Street and Railway Avenue.
(2) Roving vendors shall not vend on any public street before 6:00 a.m. or after 10:00 p.m., unless
otherwise posted.
(3) Roving vendors shall vend only when the vehicle is lawfully parked and completely stopped.
(4) Roving vendors shall vend on public streets from the side of the vehicle away from moving traffic, and
within one foot of the curb or edge of the street.
(5) Roving vendors shall not vend or permit the vehicle to stand in one place in any public place or street
for more than 30 minutes or in front of any premises for any time if the owner or lessee objects.
(6) An application for a roving vendor vehicle must be submitted on a form provided by the City Clerk's
office yearly with colored pictures of at least two different angles of the unit the applicant is applying to
license and a description that includes the length and width, when in its widest configuration.
(7) The City police department has the right to close down or request a roving vendor to relocate if vending
is causing or contributing to an imminent public safety hazard.
(8) In addition to complying with City ordinances and permit conditions related to roving vendors, the
owner and operator is responsible for applying for and obtaining all other necessary licenses required for the
service of food. The roving vendor vehicle shall be in compliance with the motor vehicle laws of the state,
and the roving vendor vehicle owner is responsible for complying and verifying that a specific location or
route does not violate dity zoning code.
(9) Roving vendors shall comply with all traffic rules.
(10) Each roving vendor vehicle must provide the City with a certificate of insurance to cover public liability
in the standard amount set by City policy. Insurance policies shall stipulate that the insurer will give written
notice to the City at least 30 days prior to cancellation or other termination in coverage. Prior to acceptance
of their permit, vendors shall execute an instrument under the terms of which the permittee shall agree to
indemnify, defend, and hold harmless the City from any and all claims for injury or damage to persons or
property suffered in connection with vendor activities.
(11) Any roving vendor base station must be properly licensed.
(12) Roving vendors shall comply with City code, policy and procedures. Policies and procedures shall be
set by resolution of the City Council. Failure to adhere to the regulations for roving vendors is cause for
revocation or suspension of license permit by the City Clerk.
(13) Roving vendors shall display required permits and City business license in a prominent location on the
mobile vending cart or vehicle from which the business is conducted pursuant to the permit, so it is protected
from the weather and easily visible to the public.
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(e) Transient merchants as defined in section 15.10.140B. of this chapter and which are allowed in
accordance with table 15.10.225 are subject to the following development requirements:
(1) For purposes of this chapter, such use and storage of equipment shall be limited to a period not
exceeding 150 consecutive days in a calendar year.
(2) Transient merchant facilities shall be and remain legally licensed and road ready and shall be removed
completely from the property at the end of 150 days.
(3) Transient merchants shall provide for the concealed storage of all inventory, supplies, equipment and
other materials brought to the site in connection with the business conducted there.
(4) Transient merchants using vehicles and trailers in the operation of transient business activities
authorized by this chapter shall ensure that the area of operation meets the required setbacks as provided by
section 15.10.220. In no case shall the allowed area of operation be less than five feet from any property
line, permanent structure or other transient merchant.
(5) Prior to operation, vehicles and trailers utilized for transient merchant purposes shall have blocked tires
and be fully skirted to match the vehicle or trailer.
(6) Any additions, including, but not limited to, porches, platforms and decks, shall be sided or painted to
match or complement the vehicle or trailer prior to operation.
(7) Every transient merchant shall provide sufficient trash receptacles on-site and ensure the proper
disposal of all garbage collected on the site.
(8) The use of generators is prohibited.
(9) No transient merchant shall conduct business on property owned or operated by the City except in
accordance with chapter 8.10 of this Code.
(10) Transient merchants shall conform to all federal, state and local laws.
(f) Commercial electronic towers, satellite dishes and antennas are allowed in accordance with table
15.10.225 of this chapter subject to the site being fenced.
(g) Livestock as defined in section 15.10.140B. are allowed in accordance with table 15.10.225 of this
chapter subject to the following:
(1) Lot size may not be less than 20,000 square feet per large animal, or not less than 20,000 square feet
for every two small animals (excluding chickens and rabbits).
(2) Livestock fencing shall be no closer than five feet from a property line.
(3) A City-approved drainage plan showing that runoff from the livestock corral or pen will not adversely
impact neighboring property or streams.
(4) A City-approved manure storage and disposal plan. The manure storage pile shall not be closer than
25 feet from any property line.
(5) Up to five chickens (hens) or rabbits are allowed in accordance with table 15.10.225.
(6) Chicken or rabbit coops and enclosures are required and must meet a minimum setback of 25 feet
from neighboring homes.
(7) Chickens or rabbits are not allowed on lots with more than one dwelling unit.
(h) Marijuana establishments as defined in section 15.10.140.B.53 are allowed in accordance with table
15.10.225 of this chapter subject to the following:
(1) The facility owner or operator has submitted a license application to the State of Alaska for the
corresponding type of marijuana establishment prior to operation, and maintains a current license from the
state at all times the facility is in operation.
(2) Marijuana establishments shall not to be located within 500 feet of the entrance of any building where
religious ceremonies are regularly held, a correctional facility, recreational facility or youth center licensed by
the state or local government, or within 1,000 feet of any school. The distance specified in this subsection
must be measured by the shortest pedestrian route from the public entrance of the building in which the
licensed premises would be located to the outer parcel bol indaries of the school, recreation or youth facility
or to the main public entrance of the building in which reliq I) arvices are regularly held. or the correctional
p .1
facility. The burden of proof demonstrating that the facility meets the required separation distances is the
responsibility of the marijuana establishment owner or operator.
(3) In this title, standard or limited marijuana cultivation facility meeting all other criteria in this Code and in
Alaska Statutes and Administrative Codes are classified as a Greenhouse(s)/Commercial, except that a
limited marijuana cultivation facility as an accessory use secondary to a residence may be classified as a
Home Occupation use.
(4) In this title, a marijuana testing facility meeting all other criteria in this Code and in Alaska Statutes and
Administrative Codes is classified as an Office - Business or Professional use.
(5) In this title, a marijuana product manufacturing facility or a marijuana concentrate manufacturing facility
using hazardous materials in the manufacturing process and meeting all other criteria in this Code and in
Alaska Statutes and Administrative Codes is classified as a Manufacturing - Heavy use. Facilities not using
hazardous materials in the manufacturing process are classified as a Manufacturing, Light use.
(6) In this title, a retail marijuana store meeting all other criteria in this Code and in Alaska Statutes and
Administrative Codes is classified as a Business - Retail Sales and Service use.
(i) Camping is allowed subject to the following:
(1) Camping for a fee shall be allowed within the City limits only in municipal campgrounds, as defined in
section 7.15, or in private camper parks operating under a permit, as defined in section 8.15.
(2) Other than permitted camper parks, camping on privately owned lots as an accessory use to an
occupied, single family home is limited to private non-commercial use and for no fee. Such occupancy shall
be limited to one camping unit at a time and shall be for recreational or vacationing purposes only. Camping
as provided in this section shall not occur earlier than April 15 `h and no later than September 30 th
(j) Employee Campgrounds are allowed in accordance with table 15.10.226 of this chapter subject to the
following:
(1) Employee campgrounds are for established businesses with high seasonal employment of transient
workers, and are not to be construed as construction camps. No employee campground may be open for
more than 150 days per calendar year, and may not open earlier than April 15, nor remain active later than
September 30, except by resolution of the City Council based on specific findings that a longer term, earlier
opening date and/or later closing date is warranted because of special circumstances.
(2) Occupancy in an employee campground is limited to the transient workers of that industry or business
granted a conditional use permit and annual permit.
(3) Garbage and refuse. The requirements of section 8.15.340 shall also apply to employee campgrounds.
(4) Sanitary facilities shall include either permanent or portable toilets. If permanent facilities are
constructed, they shall conform to section 8.15.425(b). Shower facilities may either be on-site in
conformance with section 8.15.425(b), or provided on the job site of the employer.
(5) The requirements for spacing shall be at least ten feet clear space between camping units. Camping
units. other than those being used for living accommodations, shall not be parked within the campground
area proper.
29/37
l y
15.10.230-Special setbacks—CB and I districts.
(a) Central business district. Except where separated by a public right-of-way, where the CB district
abuts residential districts, a minimum setback equal to that required of the abutting district shall be
required.
(b) Industrial district. Where industrial (I) districts abut residential districts, a minimum setback of ten
feet shall be required.
(Ord. 626, § 3, 1989; Ord. 93-08)
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.
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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 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
31/37
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 + L;sub§\sub;+ -.5-S 1 )/20)
Where:
S;sub§\sub; - Acoustic Setback Distance in Feet
L Manufacturer's Guaranteed Maximum Sound Power Level, in dBA re 1pW
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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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)
15.10.320-Conditional use permits.
(a) Intent. It is recognized that there are some uses which may be compatible with designated principal
uses in specific zoning districts provided certain conditions are met. The conditional use permit procedure
is intended to allow flexibility in the consideration of the impact of the proposed use on surrounding
property, and the application of controls and safeguards to assure that the proposed use will be
compatible with the surroundings. The commission shall permit this type of use if the conditions and
requirements listed in this chapter are met. The allowed uses are listed in the land uses allowed table
15.10.225. Before a conditional use permit may be granted. the procedures specified in this chapter must
be followed.
(b) Applications. Applications for a conditional use permit shall be filed in writing with the City Clerk. The
application shall include but is not limited to the following:
(1) Name and address of the applicant;
(2) Verification by the owner of the property concerned if other than the applicant;
(3) A legal description of the property involved:
(4) A description of the proposed use.
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(5) Dimensioned plot plans showing the location of all existing and proposed buildings or alteration, and
such data as may be required; and
(6) The appropriate fee as established by City Council resolution.
(c) Public hearing. If the application is in order, a public hearing shall be scheduled in accordance with
the requirements of section 15.01.040 of this title.
(d) Review criteria. Prior to granting a use permit, it shall be established that the use satisfies the
following conditions:
(1) The use is consistent with the purpose of this chapter and the purposes of the zoning district;
(2) The value of the adjoining property will not be significantly impaired;
(3) The proposed use is in harmony with the comprehensive plan;
(4) Public services and facilities are adequate to serve the proposed use;
(5) The proposed use will not be harmful to the public safety, health or welfare;
(6) Any and all specific conditions deemed necessary by the commission to fulfill the above-mentioned
conditions shall be met by the applicant. These may include but are not limited to measures relative to
access, screening, site development, building design, operation of the use and other similar aspects
related to the proposed use.
(e) Approval resolution. At any time after the hearing required in section 15.20.320(c), the commission
may adopt a resolution approving a conditional use permit provided that it includes findings of fact that the
review criteria in section 15.10.320(d) have been met. Upon adoption, the City shall cause a copy of the
resolution to be posted for at least ten days in at least three public places within the City. An appeal of the
commission's action may be made at any time until the resolution becomes effective. Unless rescinded,
amended or appealed any resolution adopted under this chapter automatically becomes effective ten
days after passage and posting.
(f) Modification of final approval.
(1) An approved conditional use permit may, upon application by the permittee, be modified by the
planning and zoning commission:
a. When changed conditions cause the conditional use to no longer conform to the standards for its
approval.
b. To implement a different development plan conforming to the standards for its approval.
(2) The modification application shall be subject to a public hearing and a filing fee set by City Council
resolution.
(g) Expiration; extensions; transferability.
(1) An approved conditional use permit lapses six months after approval if no building permit is
procured or if the allowed use is not initiated.
(2) The commission may grant time extensions not to exceed six months each upon a finding that
circumstances have not changed sufficiently to warrant reconsideration of the approval of the conditional
use permit. A request for an extension must be submitted prior to the expiration of the permit. A public
hearing shall not be required prior to granting an extension of time.
(3) A conditional use permit shall automatically expire if for any reason the conditioned use ceases for a
period of one year or longer.
(4) A conditional use permit is not transferrable from one parcel of land to another. Conditional use
permits may be transferred from one owner to another for the same use, but if there is a change in use on
the property, a new permit must be obtained.
(Ord. 626, § 3, 1989: Ord. 649, § 5, 1991; Ord. 94-56; Ord. 97-15; Ord. 98-06)
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15.10.325 - Variances.
(a) Intent. When the literal enforcement of this chapter would deprive a property owner of the
reasonable use of his real property, a variance would allow for the relaxation of the development
requirements of this chapter to provide relief.
(b) Application. Application for a variance shall be filed with the City Clerk. The application shall include,
but is not limited to the following:
(1) All of the information required for a conditional use permit;
(2) A precise description of the variance requested, including the section, paragraph and sentence of
this chapter from which the applicant wishes to deviate;
(3) A written item-by-item response to all of the conditions specified in this section; and
(4) The appropriate fee as established by City Council resolution.
(c) Public hearing. If the application is in order, a public hearing shall be scheduled in accordance with
the requirements of section 15.01.040 of this title.
(d) Review criteria. The commission shall establish a finding that all of the following conditions have
been found to exist as a prerequisite to issuance of a variance permit:
(1) The proposed action must be consistent with all of the general conditions required for a conditional
use permit:
(2) Special conditions and circumstances exist which are peculiar to the land or structures involved and
which are not applicable to other lands and structures in the same district;
(3) The special conditions and circumstances have not been caused by actions of the applicant;
(4) Financial hardship or inconvenience shall not be a reason for granting a variance;
(5) Other nonconforming land use or structures within the district shall not be considered grounds for
granting a variance;
(6) A variance shall be the minimum variance necessary to permit the reasonable use of the land or
structure: and
(7) A variance shall not be granted which will permit a land use in a district in which that use is
otherwise prohibited.
(e) Approval resolution. At any time after the hearing required in section 15.10.325(c), the commission
may adopt a resolution approving a variance provided that it includes findings of fact that the review
criteria in 15.10.325(d) have been met. Upon adoption. the City shall cause a copy of the resolution to be
posted for at least ten days in at least three public places within the City. An appeal of the commission's
action may be made at any time until the resolution becomes effective. Unless rescinded, amended or
appealed any resolution adopted under this chapter automatically becomes effective ten days after
passage and posting.
(f) Permit. An approved variance permit shall lapse six months from the date of approval if the variance
for which the permit was issued has not been implemented. The commission may grant a time extension
not to exceed six months upon finding that circumstances have not changed sufficiently since the date of
initial permit approval. A request for extension must be submitted prior to the expiration of the permit. A
public hearing shall not be required as a condition of granting the extension.
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