HomeMy WebLinkAbout02222011 Planning & Zoning Work Session Notes Ve-
-z-
s
t �
PLANNING AND LAND USE REGULATIONS 15.10.140
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. In this chapter, unless otherwise provided or the context otherwise
requires:
Accessory building. A detached structure that:
1. Is clearly incidental to and customarily found in connection with a principal building
or use;
2. Is subordinate to and serves a principal building or use;
3. Is subordinate in area, extent or purpose to the principal building or use served;
4. Contributes to the comfort,convenience or necessity of occupants,business or industry
in the principal building or use served; and
Supplement No. 10-1 15-11
15.10.140 PLANNING AND LAND USE REGULATIONS
5. 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.
Agriculture. Commercial farming, dairying, pasturage, horticulture, floriculture, viticul-
ture, 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.
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.
Alley. A dedicated public way which affords a secondary means of access to abutting
property and not intended for general traffic circulation.
Alteration. Any change, addition or modification in the construction, location or use of a
building.
Amusement and recreation facility. Establishment engaged primarily in providing enter-
tainment 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.
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 (see "dwelling").
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.
Antenna. A device used to transmit and/or receive radio or electromagnetic waves between
terrestrially and/or orbitally based structures. Includes satellite dish.
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.
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.
Supplement No. 10-1 15-12
PLANNING AND LAND USE REGULATIONS 15.10.140
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.
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.
Building. Any structure built for the support, shelter or enclosure of persons, animals,
chattels or property of any kind.
Building area. A total area taken on a horizontal plane at the main grade level of the
principal building and all accessory building, exclusive of external steps.
Building, existing. A building erected prior to the adoption of this code or one for which a
legal building permit has been issued.
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 equipment, shall be selected by either of the following,
whichever yields the greater height of building:
(1) 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
(2) An elevation ten feet higher than the lowest grade when the sidewalk or ground
surface described in subsection(1)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.
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- A building used as living quarters for people such as cannery workers or
construction laborers where shower and sanitary facilities are shared by several rooms and in
which there are no individual cooking facilities.
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.
Supplement No. 01-1 15-13
15.10.140 PLANNING AND LAND USE REGULATIONS
Business,personal service. The conduct of business where personal assistance is offered for
compensation; i.e., dressmaking, tailoring, barbers and beauty, etc.
Campground. A plot of ground upon which two or more campsites are located, established
or maintained for occupancy by tents or recreation vehicles as temporary living quarters for
recreational or vacation purposes.
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.
Child care, licensed center. In accordance with Alaska Statutes,a building where adult care,
protection and supervision is provided for children other than the owner's or operator's. Also
called day care, nursery school, pre-school and kindergarten.
Child cure, 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, pre-school and kindergarten.
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 4'
Borough Assessor's Office interpretation.A standard single family residence not remodeled for
public meetings shall not be considered a church.
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.
Club, private. A building and related facilities owned or operated by a corporation,
association or group of individuals established for the fraternal, social, educational, recre-
ational 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.
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 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 use.An occupation,employment or enterprise that is carried on for profit by the
owner, lessee or licensee.
Condominium. A form of housing ownership by which a person may purchase and own one
dwelling unit in a multi-unit 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.
Supplement No.01-1 15-14
PLANNING AND LAND USE REGULATIONS 15.10.140
Convalescent or nursing home. A structure with sleeping rooms where persons are housed
or lodged and are furnished with meals, nursing and medical care.
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.
Dorm,itoiy. 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.
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.
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.
Dwelling. A building designed or used exclusively as living quarters for one or more families_
Dwelling, commercial building apartment. An apartment located within a building designed
to accommodate a mix of residential and commercial uses.
Dwelling, efficiency apartment (also called accessor
y, mother-in-law, or studio). 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.
Dwelling, 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.
Dwelling, 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.
Dwelling,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.
Dwelling, 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.
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 (see "Apartment").
Errata 2 15-15
15.10.140 PLANNING AND LAND USE REGULATIONS
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 distin-
guished from a group occupying a rooming house, club, fraternity house or hotel.
Farm animal. Any cow, horse, mule, goat, sheep, pig, chicken, or other similar animal
commonly kept as livestock.
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.
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.
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.
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,
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, 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 center, work release facilities for convicts or ex-convicts
or other housing facilities serving as an alternative to incarceration.
Guest house. An accessory building occupied on a temporary basis solely by non-paying
guests.
Guide service. Any premises used for collecting or returning persons from recreation trips
when remuneration is provided for the service.
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
Errata 2 1.5-16
PLANNING AND LAND USE REGULATIONS 15.10.140
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.
Health club. Includes, but is not limited to, gymnasiums (except public), private clubs
(athletic; health or recreational), reducing salons and weight control establishments.
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.
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.
Home professional office. A home occupation consisting of the office of a practitioner of a
recognized profession.
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.
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.
Junk. Dismantled or wrecked automobiles, aircraft, motor vehicles or machinery, mobile
homes,trailers, used appliances or furniture, scrap building materials, metals,rubber, paper,
plastic or other scrap materials.
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.
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.
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.
Supplement No. 01-1 15-17
15.10.140 PLANNING AND LAND USE REGULATIONS
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.
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:
(1) A single lot of record;
(2) A portion of a lot of record;
(3) 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
(4) 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.
Lot area.The total horizontal area within the lot lines of a lot,exclusive of streets and alleys.
Lot, buildable or useable area. That portion of a lot that a prudent person would use to 1
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.
Lot, corner. A lot situated at the intersection of two or more streets having an angle of
intersection of not more than 135 degrees_
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.
Lot depth. The horizontal distance between the front and rear lot lines measured on the
longitudinal centerline.
Lot, interior. A lot other than a corner lot.
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.
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. {
Lot line, side. Lot boundary not a front lot line or a rear lot line.
Supplement No. 01-1 15-18
PLANNING AND LAND USE REGULATIONS 15.10.140
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.
Lot width. The average horizontal distance separating side lot lines of a lot and at right
angles to its depth.
Lumberyard. An establishment that sells sawn timber and other building materials
typically stored on the premises.
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.
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.
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. 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.
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 inspection and sales and shall not be construed to mean tourist
facilities for parking of travel trailers, motor homes or campers.
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. 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.
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
Supplement No. 05-1 15-19
15.10.140 PLANNING AND LAND USE REGULATIONS
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.
Non-conforming 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.
Non-conforming 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.
Noxious use. A use which is injurious or harmful to health, highly disagreeable or offensive,
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.
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
Park. Any public land available for recreational, educational, cultural or aesthetic use, tt
Parking area. A structure or an open area, other than a street, alley or other right-of-way, t
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.
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.
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.
Parking, valet. Attendant parking provided as a service to patrons of commercial establish-
ments.
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.)
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, commer-
cial buildings, open spaces and other site features and improvements some of which may not
otherwise be individually permitted. t
Supplement No. 05-1 15-20
PLANNING AND LAND USE REGULATIONS 15.10.140
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.
Professional office. The office of a member of a recognized profession maintained for the
conduct of that profession.
Recreational, indoor commercial. A facility accommodating such indoor recreation activities
as skating rinks, bowling lanes or shooting/archery ranges.
Recreational, outdoor public. Outdoor recreation facilities such as sports fields, ice rinks,
playing fields or miniature golf.
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.
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.
jj Includes trailer park and camper park.
L 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.
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.
Repair service, household I appliance. A business establishment where repairs are made to
appliances and furniture.
Residence. A home, abode or place where an individual is actually living at a specific point
in time.
Resource extraction. Commercial or industrial operations involving the removal of nonre-
newable 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.
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:
(1) 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
Supplement No. 05-1 15-21
15.10.140 PLANNING AND LAND USE REGULATIONS
(2) A cafeteria-type operation where food and beverages generally are consumed within
the restaurant building.
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.
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.
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.
School. Any public, religious or non-profit facility providing a general curriculum of
academic or vocational instruction serving any or all grades between kindergarten and 12th
grade.
School, commercial. A facility providing commercial instruction in such activities as music,
dance, arts, crafts and sailing.
School, adult vocational. A facility providing a general curriculum of adult academic or
vocational instruction.
Setback. The required minimum distance from 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.
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.
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.
Storage, 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 parked or placed on a parcel of land and used
for covered storage provided that all wheel assemblies have been removed; the unit is placed
on non-rot susceptible blocking or foundation; the unit is roofed, skirted or sided to match the
Supplement No, 05-1 15-22
I
PLANNING AND LAND USE REGULATIONS 15.10.140
primary building on the property; and the unit is located outside any setbacks. Railroad box
cars are excluded except in the Industrial Zone. There are no grandfathered uses. (See
accessory use/building, building, and tructvO c.�(`�€' Gc ti►��1 '� cis eJ�C�tTt�' ca;�A A WI.J.%Jh .
" ( {17�4 � d. r � �, atiY4' � �'i 411jt 0 �k5� %r
Storage,'6utdoor The commercial keeping, innban 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.
Storage, 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.
Storage, warehouse and distribution. A building used primarily for the storage and
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.
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.
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,
retraining walls less than three feet in height signs and similar improvements of a minor
character are excluded.
Surface, durable. Means brick, flag-type stone, gravel, cement, or asphalt. ` •
- Temporary structure. A structure without any foundation or footings
-mzlien the.designated,-,timeperiod;•act-ivityor�ffse for which the'tompor'ary'structure was,erected
7y-ailer. 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.
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 non-profit 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.
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.
Supplement No.10-1 15-23
15.10.140 PLANNING AND LAND USE REGULATIONS
Vehicle, motor. A self-propelled device used for transportation of people or goods over land
surfaces and licensed as a motor vehicle.
Vending, mobile unit. Any type of vehicle or wagon which is designed to be readily movable
and from which any food or beverage is prepared for immediate consumption and sold or
offered for sale to the public at any location, whether on private or public property.
Vending, street. The sale of food or merchandise from a cart, stall or vehicle located in any
public right-of-way.
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. An accessory dwelling associated with a commercial or
industrial building or structure for the purpose of housing a watchman or caretaker and
immediate family.
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.
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 which, if not located adjacent to water, would result in a public loss of the quality of
goods or services offered.
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.
Yard, 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.
Yard, 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.
Yard, 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.
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.
(Ord. 626, § 3, 1989; Ord. 633, § 1, 1990; Ord. 92-02; Ord. 92-14; Ord. 93-05; Ord. 94-26; Ord.
95-07; Ord, 95-17; Ord. 96-05;Ord. 97-12; Ord. 98-02; Ord. 98-06; Ord. 98-09; Ord. 99-01; Ord.
99-10; Ord. 99-16, § 3, 1999; Ord, 2003-09; Ord. No. 2010-005, § 1, 10-11-2010)
Supplement No.16-1 15-24
t�k-
PLANNING AND LAND USE REGULATIONS 15,10.140
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. In this chapter, unless otherwise provided or the context otherwise
requires:
Accessory building. A detached structure that:
Is clearly incidental to and customarily found in connection with a principal building
or use;
`S, Is subordinate to and serves a principal building or use;
o 'S\ Is subordinate in area, extent or purpose to the principal building or use served;
Gt '4, Contributes to the comfort,convenience or necessity of occupants,business or industry
in the principal building or use served; and
Supplement No. 10-1 15-11
15.10,140 PLANNING AND LAND USE REGULATIONS
(i'+ 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.
Agriculture. Commercial farming, dairying, pasturage, horticulture, floriculture, viticul-
ture, 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.
c� 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.
Alley. A dedicated public way which affords a secondary means of access to abutting
property and not intended for general traffic circulation.
(ta Alteration. Any change, addition or modification in the construction, location or use of a
building.
—1 Amusement and recreation facility. Establishment engaged primarily in providing enter-
tainment 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.
Apartment. Any portion of a building which is designed,built,rented,leased,let or hired out
4/ 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 (see "dwe
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.
3 Antenna. A device used to transmit and/or receive radio or electromagnetic waves between
terrestrially and/or orbitally based structures. Includes satellite dish.
IAuto 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.
i DAuto 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.
Supplement No. 10-1 15-12
\ PLANNING AND LAND USE REGULATIONS 15.10.140
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.
j 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.
Building. Any structure built for the support, shelter or enclosure of persons, animals,
chattels or property of any kind.
L I Building area. A total area taken on a horizontal plane at the main grade level of the
L principal building and all accessory building, exclusive of external steps.
[ Building, existing. A building erected prior to the adoption of this code or one for which a
I legal building permit has been issued.
c,4 Building height. The vertical distance above a reference datum measured to the highest
11 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-af--way that is accessible to fire
suppression personnel and rescue equipment, shall be selected by either of the following,
whichever yields the greater height of building:
(1) 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
(2) An elevation ten feet higher than the lowest grade when the sidewalk or ground
surface described in subsection(1) 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.
f 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. A building used as living quarters for people such as cannery workers or
construction laborers where shower and sanitary facilities are shared by several rooms and in
which there are no individual cooking facilities.
Business,general sales. A premises where the sale of goods or commodities to the consumer
akes 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.
Supplement No.01-1 15-13
15.10.140 PLANNING AND LAND USE REGULATIONS
! Business,personal service. The conduct of business where personal assistance is offered for
compensation; i.e., dressmaking, tailoring, barbers and beauty, etc.
Campground. A plot of ground upon which two or more campsites are located, established
or maintained for occupancy by tents or recreation vehicles as temporary living quarters for
recreational or vacation purposes.
f 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.
'l) Child care, licensed center. In accordance with Alaska Statutes, a building where adult care,
protection and supervision is provided for children other than the owner's or operator's.Also
called day care, nursery school, pre-school and kindergarten.
-\ Child care, licensed home. In accordance with Alaska Statutes, a private residence where
V adult care, protection and supervision is provided for children other than the occupant's.Also
called day care, nursery school, pre-school and kindergarten.
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.
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.
tJ 1 Club, private. A building and related facilities owned or operated by a corporation,
association or group of individuals established for the fraternal, social, educational, recre-
ational 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.
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 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 use.An occupation,employment or enterprise that is carried on for profit by the
owner, lessee or licensee.
Condominium. A form of housing ownership by which a person may purchase and own one
dwelling unit in a multi-unit 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.
Supplement No.01-1 15-14
PLANNING AND LAND USE REGULATIONS 15-10.140
Convalescent or nursing home. A structure with sleeping rooms where persons are housed
or lodged and are furnished with meals, nursing and medical care.
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.
Ly 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-
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.
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.
Dwelling. A building designed or used exclusively as living quarters for one or more families.
Dwelling, commercial building apartment. An apartment located within a building designed
to accommodate a mix of residential and commercial uses.
Dwelling, efficiency apartment (also called accessory, mother-in-law, or studio). 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.
Dwelling, 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.
i
Dwelling, 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.
Dwelling, 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.
Dwelling, 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.
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
�r residence by one family (see "Apartment").
Errata 2 15-15
15,10.140 PLANNING AND LAND USE REGULATIONS
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 distin-
guished from a group occupying a rooming house, club, fraternity house or hotel.
Farm animal. Any cow, horse, mule, goat, sheep, pig, chicken, or other similar annual
commonly kept as livestock.
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.
r � 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..
') 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.
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.
�j Greenhouse, commercial. A light-permeating structure used for cultivating and growing
ff 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. 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 center, work release facilities for convicts or ex-convicts
or other housing facilities serving as an alternative to incarceration.
Guest house. An accessory building occupied on a temporary basis solely by non-paying
guests.
Guide service. Any premises used for collecting or returning persons from recreation trips
when remuneration is provided for the service.
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
S
Errata 2 15-16
PLANNING AND LAND USE REGULATIONS 15.10.140
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.
�7 Health club. Includes, but is not limited to, gymnasiums (except public), private clubs
(athletic, health or recreational), reducing salons and weight control establishments.
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.
( Home occupation.Any use customarily conducted entirely within a dwelling,or its accessory
L� 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.
r nl f Home professional office. A home occupation consisting of the office of a practitioner of a
v, recognized profession.
( _ Hostel. A building, or portion thereof, in which temporary or overnight lodging is provided
{f for hikers, cyclists or other travelers not generally traveling by car.
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.
Jun. . Dismantled or wrecked automobiles, aircraft, motor vehicles or machinery, mobile
omes, trailers, used appliances or furniture, scrap building materials, metals, rubber,paper,
plastic or other scrap materials.
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.
Livestock. Generally accepted large(over 250 pounds)and small(under 250 pounds)outdoor
L , farm animals (i.e. cows, goats, horses, pigs, barnyard, fowl, etc.). Does not include cats, dogs
nd other common household pets.
1� y
Loading space. A space located on premises for pickup and delivery at the premises.
A11Required. off-street loading space shall not be included as an off-street parking space.
Supplement No.01-1 15-17
r
15.10.140 PLANNING AND LAND USE REGULATIONS
Lodging. The renting out of a dwelling, or portion thereof, to provide overnight sleeping
g g� Po
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.
�coverage
Lot.A parcel of land of at least sufficient size to meet minimum zoning requirements for use,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
(1) A single lot of record;
(2) A portion of a lot of record;
(3) 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
(4) 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.
(�{ Lot area. The total horizontal area within the lot lines of a lot,exclusive of streets and alleys.
t�} 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.
(j Lot, corner. A lot situated at the intersection of two or more streets having an angle of
intersection of not more than 135 degrees.
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.
Lot depth. The horizontal distance between the front and rear lot lines measured on the
longitudinal centerline.
G Lot, interior. A lot other than a corner lot.
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.
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. V�
Supplement No. 01-1 15-18
PLANNING AND LAND USE REGULATIONS 15.10.140
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.
VLot width. The average horizontal distance separating side lot lines of a lot and at right
angles to its depth.
r�C) Lumberyard. An establishment that sells sawn timber and other building materials
`—� typically stored on the premises.
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.
1, 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.
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. 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
1 another vehicle.
�l 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 inspection and sales and shall not he construed to mean tourist
facilities for parking of travel trailers, motor homes or campers.
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. 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.
i <0 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
Supplement No. 05-1 15-19
15.10.140 PLANNING AND LAND USE REGULATIONS
r
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.
Non-conforming 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.
Non-conforming 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.
Noxious use. A use which is injurious or harmful to health, highly disagreeable or offensive,
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.
(� Owner. Any individual, firm, association, syndicate, partnership, corporation, trust or any
`C other legal entity having sufficient proprietary interest in the land, including the attorney or
agent thereof.
Park. Any public land available for recreational, educational, cultural or aesthetic use. f
`Lel! Parking area. A structure or an open area, other than a street, alley or other right-of-way,
�Q Von 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.
Parking requirements as stated in terms of employees. The maximum number of employees
ho will be at the site at one time on either a single shift or an overlap of shifts.
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
4located off, any street, alley or other right-of-way.
( Parking, valet. Attendant parking provided as a service to patrons of commercial establish-
ments.
Peddler. A person who, with no fined place of business, goes from house to house, place to
`Q 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.)
Planned unit development. A land development under unified control that is planned and
�(J 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, commer-
cial buildings, open spaces and other site features and improvements some of which may not
otherwise be individually permitted.
Supplement No. 45-1 15-20
PLANNING AND LAND USE REGULATIONS 15.10.140
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
r� learning; i.e., doctor of medicine, lawyer, engineer or real estate broker.
Professional office. The office of a member of a recognized profession maintained for the
conduct of that profession.
Recreational, indoor commercial. A facility accommodating such indoor recreation activities
as skating rinks, bowling lanes or shooting/archery ranges.
f Recreational, outdoor public. Outdoor recreation facilities such as sports fields, ice rinks,
playing fields or miniature golf.
�/ 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 anothr
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.
Recreational vehicle (RV) park. Any parcel of land upon which two or more recreational
E 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.
�. Recycling center. A building in which used material is separated p ted and processed prior to
shipment to others who will us
e those materials to manufacture new products.
Recycling collection point. An incidental use serving as a neighborhood drag-off point for
temporary storage of recoverable resources. No processing of such items would he 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.
Repair service, household/appliance. A business establishment where repairs are made to
appliances and furniture.
Residence. A home, abode or place where an individual is actually living at a specific point
in time.
r ' Resource extraction. Commercial or industrial operations involving the removal of nonce_
y[�) newable 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.
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:
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
Supplement No. 05-1 15-21
15,10.140 PLANNING AND LAND USE REGULATIONS
r`
A cafeteria-type operation where food and beverages generally are consumed within
the restaurant building.
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,
V 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.
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.
1f 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.
School. Any public, religious or non-profit facility providing a general curriculum of
academic or vocational instruction serving any or all grades between kindergarten and 12th
grade.
r School, commercial. A facility providing commercial instruction in such activities as music,
dance, arts, crafts and sailing.
School, adult vocational. A facility providing a general curriculum of adult academic or
vocational instruction.
Setback. The required minimum distance from 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.
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
„JJ facilities. Includes mall.
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.
Storage, cctainer. An accessory storage use consisting of containers such as semi-tractor
vans shipping in containers and conex containers originally designed to transport goods and
materials via highway,rail, air or sea,which are parked or placed on a parcel of land and used
for covered storage provided that all wheel assemblies have been removed; the unit is placed
on non-rot susceptible blocking or foundation; the unit is roofed, skirted or sided to match the
Supplement No. 05-1 15-22
PLANNING AND LAND USE REGULATIONS 15.10.140 �-
primary building on the property; and the unit is located outside any setbacks. Railroad box `
cars are excluded except in the Industrial Zone. There are no grandfathered,uses. (See �11
accessory use/building, building, and structure.)
0,�, ortl'cloor. The commercial keeping, in an unroofed area and usually enclosed by 'a UK
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.
rt3`m-rle, se�seruice. 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.
,,
C/ � warehouse and distribution. A building used primarily for the storage and
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.
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.
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,
retraining walls less than three feet in height signs and similar improvements of a minor
character are excluded.
Surface, durable. Means brick, flag-type stone, gravel, cement, or asphaltC,115we'Pt)
. —
Temporary structure. A structure without any foundation or footings
ac ivi y see -tom Cam'
L r. structur tanding on e Is, towed or 1}aule by anoth ve 'cle and for ._
ca m aerial , goo or o cts or a a tempo ry offic orb ness.
�ansient merchant.Any person, or
ip,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 non-profit 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.
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.
Supplement No.10-1 15-23
15.10.140 PLANNING AND LAND USE REGULATIONS
Vehicle, motor. A self-propelled device used for transportation of people or goods over land
surfaces and licensed as a motor vehicle.
Vending, mobile unit. Any type of vehicle or wagon which is designed to be readily movable
and from which any food or beverage is prepared for immediate consumption and sold or
offered for sale to the public at any location, whether on private or public property.
Vending,Vtreet. The sale of food or merchandise from a cart, stall or vehicle located in any
public right-of-way.
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. An accessory dwelling associated with a commercial or
industrial building or structure for the purpose of housing a watchman or caretaker and
immediate family.
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.
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 which, if not located adjacent to water, would result in a public loss of the quality of
goods or services offered.
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.
oont. 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 �ch or other similar projection, whichever is the nearest to the front lot line.
Yam,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.
v
Yacd,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.
t �1 Zero-lot line. The location of a building on a lot in such a manner that one or more of the
1 building's sides rests directly on a lot line.
(Ord. 626, § 3, 1989; Ord. 633, § 1, 1990; Ord. 92-02; Ord. 92-14; Ord. 93-05; Ord. 94-26; Ord.
95-07; Ord, 95-17; Ord. 96-05;Ord. 97-12; Ord. 98-02; Ord. 98-06; Ord. 98-09; Ord. 99-01; Ord.
99-10; Ord. 99-16, § 3, 1999; Ord. 2003-09; Ord. No. 2010-005, § 1, 10-11-2010)
Supplement No.10-1 15-24
-2v"A o* 4v�\
PLANNING AND LAND USE REGULATIONS 15.10.140
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 1510.320 shall apply.
(Ord. 626, § 3, 1989)
15.10.1 30 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. In this chapter, unless otherwise provided or the context otherwise
requires:
- Accessory building. A detached structure that:
1. Is clearly incidental to and customarily found in connection with a principal building
or use;
2. Is subordinate to and serves a principal building or use;
3. Is subordinate in area, extent or purpose to the principal building or use served;
4. Contributes to the comfort,convenience or necessity of occupants,business or industry
in the principal building or use served; and
Supplement No. 10-1 15-11
15.10.140 PLANNING AND LAND USE REGULATIONS
5. 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.
Agriculture. Commercial farming, dairying, pasturage, horticulture, floriculture, viticul-
ture, 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.
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.
Alley. A dedicated public way which affords a secondary means of access to abutting
property and not intended for general traffic circulation.
Alteration. Any change, addition or modification in the construction, location or use of a
building.
Amusement and recreation facility. Establishment engaged primarily in providing enter-
tainment 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.
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 inde,pendently of any other individual or family in the same
building (see "dwelling"). 6 a�
Apartment, owner or manager. An apartmen 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,",
Antenna. A device used to transmit and/or receive radio or electromagnetic waves between
terrestrially and/or orbitally based structures. Includes satellite dish.
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.
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.
Supplement No. 10-1 15-12
PLANNING AND LAND USE REGULATIONS 15.10.140
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. � C o& rye'6
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 h Pse but does not include separate apartments with individual
kitchen and bath facilities. �06�IV�>
Building. Any structure uilt for the support, shelter or enclosure of persons, animals,
chattels or property of any kind.
Building area. A total area taken on a horizontal plane at the main grade level of the
principal building and all accessory building, exclusive of external steps.
Building, existing. A building erected prior to the adoption of this code or one for which a
legal building permit has been issued.
r r�ilding height. The vertical distance above a reference datum measured to the highest
i
r tot of the coping of a flat roof or to the deck line of a mansard roof or to the average height
I 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 equipment, shall be selected by either of the following,
9 whichever yields the greater height of building:
i
(1) 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
(2) An elevation ten feet higher than the lowest grade when the sidewalk or ground
surface described in subsection(1)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.
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. A building used as living quarters for people such as cannery workers or
construction laborers where shower and sanitary facilities are shared by several rooms and in
which there are no individual cooking facilities. ku�-'W)
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.
Supplement No. 01-1 15-13
15.10.140 PLANNING AND LAND USE REGULATIONS
Business,personal service. The conduct of business where personal assistance is offered for
compensation; i.e., dressmaking, tailoring, barbers and beauty, etc.
Campground. A plot of ground upon which two or more campsites are located, established
or maintained for occupancy by tents or recreation vehicles as temporary living quarters for
recreational or vacation purposes.
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.
} Child care, licensed center_ In accordance with Alaska Statutes,a building where adult care,
protection and supervision is provided for children other than the owner's or operator's.Also
called day care, nursery school, pre-school and kindergarten.
ehihd ca , lic nsed 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, pre-school and kindergarten.
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 t`
Borough Assessor's Office interpretation.A standard single family residence not remodeled for
public meetings shall not be considered a church.
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.
Club, private. A building and related facilities owned or operated by a corporation,
association or group of individuals established for the fraternal, social, educational, recre-
ational 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.
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 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 use.An occupation,employment or enterprise that is carried on for profit by the
owner, lessee or licensee.
Condominium. A form of housing ownership by which a person may purchase and own one
dwelling unit in a multi-unit 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-
Supplement No. 01-1 15-14
PLANNING AND LAND USE REGULATIONS 15.10.140
Convalescent or nursing home. A structure with sleeping rooms where persons are housed
or lodged and are furnished with meals, nursing and medical care. t�ovf)�
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.
Dormito7y. 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. iA-::,
Drinking establishment. Any premises wherein the principal purpose is the retail sale of 1
alcoholic beverages for consumption on the premises and minors are excluded therefrom by
law. Includes bar, cocktail lounge, tavern and nightclub.
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.
.Dwelling. A building designed or used exclusively as living quarters for one or more families.
(-
an , commercial building apartment. An apartment located within a building designed
to accommodate a mix of residential and commercial uses.
z , efficiency apartment (also called accessor
y, mother-in-law, or studio). 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 with or shares a common wall with a single family dwelling.
Dwefftx, 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.
L
Wig, 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.
b'f , single-family,detached.Abuilding designed and/or used exclusively for occupancy
of one family and entirely surrounded by open space on the same lot,
D liz 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.
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
b�
residence y one family (see "Apartment").
Errata 2 15-15
15.10.140 PLANNING AND LAND USE REGULATIONS
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 distin-
guished from a group occupying a rooming house, club, fraternity house or hotel.
Farm animal. Any cow, horse, mule, goat, sheep, pig, chicken, or other similar animal
commonly kept as livestock.
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.
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.
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.
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,
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. 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 center,work release facilities for convicts or ex-convicts
or other housing facilities serving as an alternative to incarceration.
Guest house. An accessory building occupied on a temporary basis solely by non-paying
guests. ;�e j�`
Guide service. Any premises used for collecting or returning persons from recreation trips
when remuneration is provided for the service.
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
Errata 2 15-16
/�►v� PLANNING AND LAND USE REGULATIONS 15.10.140
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. nA5(-Y�
Health. club. Includes, but is not limited to, gymnasiums (except public), private clubs
(athletic, health or recreational), reducing salons and weight control establishments.
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.
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. ,
{ Home professional office. A home occupation consisting of the office of a practitioner of a
recognized profession.
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.
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, j
meeting rooms, recreational facilities or various personal services. Includes lodges and inns.
V
Junk. Dismantled or wrecked automobiles, aircraft, motor vehicles or machinery, mobile
homes, trailers, used appliances or furniture, scrap building materials, metals,rubber,paper,
plastic or other scrap materials.
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.
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.
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.
Supplement No. 01-1 15-17
15.10.140 PLANNING AND LAND USE REGULATIONS
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.
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:
(1) A single lot of record;
(2) A portion of a lot of record;
(3) 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
(4) 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 repiatted to eliminate interior lot lines.
Lot area. The total horizontal area within the lot lines of a lot,exclusive of streets and alleys.
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.
Lot, corner. A lot situated at the intersection of two or more streets having an angle of
intersection of not more than 135 degrees.
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.
Lot depth. The horizontal distance between the front and rear lot lines measured on the
longitudinal centerline.
Lot, interior. A lot other than a corner lot.
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.
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. j
L&-ftm,sade. Lot boundary not a front lot line or a rear lot line.
Supplement No. 01-1 15.18
PLANNING AND LAND USE REGULATIONS 15.10.140
DM—H .e, 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.
Lot width. The average horizontal distance separating side lot lines of a lot and at right
angles to its depth.
Lumberyard. An establishment that sells sawn timber and other building materials
typically stored on the premises.
Manufacturing, hay. 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.
u , lii ht. 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.
-- 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. 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. ` D vJ��i (l\�
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 inspection and sales and shall not be construed to mean tourist
facilities for parking of travel trailers, motor homes or campers.
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. 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. b Wf
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
Supplement No. 05-1 15-19
15.10.140 PLANNING AND LAND USE REGULATIONS
f
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. t-0`"y'�}-N-5
Non-conforming 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.
Non-conforming 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.
Noxious use. A use which is injurious or harmful to health,highly disagreeable or offensive.
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.
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.
Park. Any public land available for recreational, educational, cultural or aesthetic use. f
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.
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.
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.
Parking, valet. Attendant parking provided as a service to patrons of commercial establish-
ments.
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.)
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, commer-
cial buildings, open spaces and other site features and improvements some of which may not
otherwise be individually permitted.
Supplement No. 05-1 15-20
PLANNING AND LAND USE REGULATIONS 15.10.140
Profession. An occupation or calling requiring the practice of a Iearned 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.
Professional office. The office of a member of a recognized profession maintained for the
conduct of that profession.
�C Recreational, in�or commercial. A facility accommodating such indoor recreation activities
as skating rinks, bowling lanes or shooting/archery ranges.
ram, outdoor public. Outdoor recreation facilities such as sports fields, ice rinks,
playing fields or miniature golf.
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.
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.
�. 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.
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.
Repair service, household/appliance. A business establishment where repairs are made to
appliances and furniture.
Residence. A home, abode or place where an individual is actually living at a specific point
in time.
Resource extraction. Commercial or industrial operations involving the removal of nonre-
newable 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.
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:
(1) 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
Supplement No. 05-1 15-21
15.10.140 PLANNING AND LAND USE REGULATIONS
r'
(2) A cafeteria-type operation where food and beverages generally are consumed within
the restaurant building.
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.
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.
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.
School. Any public, religious or non-profit facility providing a general curriculum of
academic or vocational instruction serving any or all grades between kindergarten and 12th
grade.
0—
commercial. A facility providing commercial instruction in such activities as music,
dance, arts, crafts and sailing.
0o, adult vocational. A facility providing a general curriculum of adult academic or
vocational instruction.
Setback. The required minimum distance from 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.
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.
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.,,
Storage,-ccontainer. An accessory storage use consisting of containers such as semi-tractor
I ` vans, shipping containers and conex containers originally designed to transport goods and
materials via highway,rail, air or sea,which are parked or placed on a parcel of land and used
for covered storage provided that all wheel assemblies have been removed; the unit is placed
on non-rot susceptible blocking or foundation; the unit is roofed, skirted or sided to match the
Supplement No. 05-1 15-22
PLANNING AND LAND USE REGULATIONS 15.10.140
primary building on the property; and the unit is located outside any setbacks. Railroad box
cars are excluded except in the Industrial Zone. There are no grandfathered uses. (See
accessory use/building, building, and structure.)
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.
&Mr age, self(ervice. 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' suppl'k
Includes mini warehouses.
warehse and distribution. A building used primarily for the storage and
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.
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.
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,
retraining walls less than three feet in height signs and similar improvements of a minor
character are excluded.
Surface, durable. Means brick, flag-type stone, gravel, cement, or asphalt.
Temporary structure. A structure without any foundation or footings and that is removed
when the designated time period,activity or use for which the temporary structure was erected
has ceased.
Railer. 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.
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 non-profit 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.
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.
Supplement No.10-1 15-23
15.10.140 PLANNING AND LAND USE REGULATIONS
Vehicle, motor. A self-propelled device used for transportation of people or goods over land
surfaces and licensed as a motor vehicle.
Vending, mobile unit. Any type of vehicle or wagon which is designed to be readily movable
and from which any food or beverage is prepared for immediate consumption and sold or
offered for sale to the public at any location, whether on private or public property.
�g,)2reet. The sale of food or merchandise from a cart, stall or vehicle located in any
public right-of-way.
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. An accessory dwelling associated with a commercial or
industrial building or structure for the purpose of housing a watchman or caretaker and
immediate family.
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.
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 which, if not located adjacent to water, would result in a public loss of the quality of
goods or services offered.
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.
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 orch or other similar projection, whichever is the nearest to the front lot line.
' reear. 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.
si e. 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.
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.
(Ord. 626, § 3, 1989; Ord. 633, § 1, 1990; Ord. 92-02; Ord. 92-14; Ord. 93-05; Ord. 94-26; Ord.
95-07; Ord. 95-17; Ord. 96-05; Ord. 97-12; Ord. 98-02; Ord. 98-06; Ord. 98-09; Ord, 99-01; Ord.
99-10; Ord. 99-16, § 3, 1999; Ord. 2003-09; Ord. No. 2010-005, § 1, 10-11-2010)
Supplement No.10-1 15-24