HomeMy WebLinkAbout10232024 Planning & Zoning Work Session PacketPlanning & Zoning Commission
Work Session Packet
Work Session
Wednesday, October 23, 2024
Council Chambers, City Hall
6: 00 p.m.
The City of Seward, Alaska
SEWARD PLANNING AND ZONING COMMISSION
WORK SESSION AGENDA
October 23, 2024
Carol Griswold
Chair
Term February, 2027
Brenan Hornseth
Vice Chair
Term February, 2025
Nathaniel Charbonneau
Commissioner
Term February, 2027
Vanessa Verhey
Commissioner
Term February, 2026
Sean Ulman
Commissioner
Term February, 2025
Rhonda Hubbard
Commissioner
Term February, 2025
Vacant
Commissioner
Term February, 2026
Daniel Meuninck
Community
Development Director
Courtney Bringhurst
City Planner
Clara Brown
Executive Planning
Assistant
Kris Peck
City Clerk
6:00 p.m.
1) CALL TO ORDER
2) STAFF COMMENTS
3) DISCUSSION ITEMS
Council Chambers
a. Marijuana Establishments .4
i. Seward City Code 7
ii. Other Communities 12
b. Building Height 41
c. Parking .49
4) ADJOURNMENT
2
OUTCOME GOALS
FOR WORK SESSION
1) Discuss in which zoning districts marijuana establishments should be
allowed in the Land Uses Allowed Table, and other recommended
regulations.
2) Briefly go over the information in the packet for building height and
parking requirements and receive input from the Commission regarding
additional information they would like to have on these topics in order to
more adequately discuss potential revisions to those sections of code at a
following work session.
BACKGROUND:
On June 18, 2024, the Planning and Zoning Commission held a work session to
review the current language in SCC Title 15 regarding marijuana establishments.
The recommendation from that meeting was for staff to rewrite the current
language in a manner that was easier to understand, but not to change any of the
regulations. Now that the formatting has been addressed, the Commission will
review the marijuana code again and this time propose potential changes.
On September 17, 2024, the Planning and Zoning Commission held a work session
to hear from the community about the housing concerns in Seward. There were
various issues brought up that pertained to portions of Title 15. At their regular
meeting on October 8th, the Commission requested to look more closely at the
Seward City Code regulations for building height and parking.
3
Marijuana Establishments:
Seward City Code
15.05.025 Land use districts —Established, definitions.
A. Established. The City is hereby divided into land use districts which shall be bounded and defined as shown
on the official land use map. This official map, together with all explanatory matter thereon, as exhibited at
the time of public hearing, is hereby adopted by reference and declared to be a part of this chapter.
B. Definitions —Purpose.
1. Rural residential district (RR). Intended to provide for stable, quiet, low density (one or two dwelling
units per acre) detached single-family residential development, free from other uses except those
which are both compatible and convenient to residents of such a district including recreational,
religious and educational facilities of an appropriate scale and design complementary to the
neighborhood character.
2. Single-family residential district (R1). Intended to provide for stable and quiet low to medium density
(one to five dwelling units per acre) detached, single-family residential development, free from other
uses except those which are both compatible and convenient to residents of such a district.
3. Two-family residential district (R2). Medium density (one to seven dwelling units per acre) transitional
housing area with a mix of single and two-family units, free from other uses except those which are
both compatible and convenient to residents of such a district.
4. Multi -family residential district (R3). Intended to provide opportunities for a higher density residential
setting with a mix of housing units which are predominately multi -family units close to concentrations
of public services, employment and/or recreation. This district may provide a transition between more
intensive districts and lower density residential areas if sufficient screening and design features are
provided to protect multi -family residences from undesirable effects.
5. Urban residential district (UR). Intended to allow an area of higher density mixed residential uses from
detached single-family housing to multi -family apartments in conjunction with compatible low impact
professional office uses in the area surrounding the downtown business district.
6. Office/residential district (OR). Intended to provide for medium density residential, commercial and
office development designed to act as a transition zone between the high density central business
district and surrounding medium -high density residential districts.
7. Harbor commercial district (HC). Provides an area for water -dependent or water -related uses with
particular emphasis on transportation, tourist, recreational, commercial or industrial enterprises which
derive major economic or social benefit from a harbor location.
8. Auto commercial district (AC). Intended to provide areas to accommodate highway -oriented
commercial activities such as offices, certain institutional uses, and limited personal services and retail
uses requiring substantial outdoor activity, traffic and parking, and which also serve the offices and
nearby residential areas, and which do not materially detract from nearby residential areas.
9. Central business district (CBD). Provides for an area of convenient, attractive, concentrated commercial
development primarily intended for retail, financial, entertainment and professional services occurring
within enclosed structures. Regulations applying to this zone are designed to encourage a compact
group of businesses of the type which are mutually beneficial and located close enough together to
encourage walk-in trade.
10. Industrial district (I). Established as a district in which the principal use of land is for business,
manufacturing, processing, fabricating, repair, assembly, storage, wholesaling and distributing
operations, which may create some nuisance and which are not properly associated nor compatible
with residential land uses. It is intended to provide environmental safeguards for people employed in
(Supp. No. 28-1)
Created: 2024-08-06 13:39:31 [EST]
Page 1 of 2
5
or visiting the district. Some visual amenity is expected in this district to make it compatible with
adjoining residential or business districts.
11. Institutional district (INS). Public and private educational, administrative, government and health care
uses, including public land reserve for future public development. The development standards are
intended to set a high standard to assure that the activities provide visual amenity to the surrounding
area.
12. Parks district (P). Is intended to designate park, recreation and commemorative property owned by the
City, state or federal governments for recreation and other compatible public purposes.
13. Resource management district (RM). Lands which are generally undeveloped and cannot be precisely
zoned due to inadequate information on the extension of public services and utilities; the suitability of
the land to support commercial, residential, industrial or public uses; and other possible environmental
consideration.
(Ord. 626, § 3, 1989: Ord. 649, § 2, 1991)
(Supp. No. 28-1)
Created: 2024-08-06 13:39:31 [EST]
Page 2 of 2
6
Seward City Code — Land Uses Allowed —15.10.226
H. Marijuana establishments as defined in section 15.10.140.B.55 are allowed in accordance
with table 15.10.226 of this chapter subject to the following:
1. The facility owner or operator has submitted a license application to the State of
Alaska for the corresponding type of marijuana establishment prior to operation, and
maintains a current license from the state at all times the facility is in operation.
2. Marijuana establishments shall not to be located within 500 feet of the entrance of any
building where religious ceremonies are regularly held, a correctional facility,
recreational facility or youth center licensed by the state or local government, or within
1,000 feet of any school. The distance specified in this subsection must be measured by
the shortest pedestrian route from the public entrance of the building in which the
licensed premises would be located to the outer parcel boundaries of the school,
recreation or youth facility or to the main public entrance of the building in which
religious services are regularly held, or the correctional facility. The burden of proof
demonstrating that the facility meets the required separation distances is the
responsibility of the marijuana establishment owner or operator.
3 All marijuana establishments shall meet all other criteria in this Code and in Alaska
Statutes and Administrative Codes.
TABLE
Zoning District Designations
The following zoning district abbreviations are provided for information and interpretation:
RR =
Rural, very low density single-family residential
R1 =
Single-family, low density residential
R2 =
Single and two-family, medium density residential
R3 =
Single, two and multi -family, high density residential
UR =
Urban residential, a mix of residential uses and low impact home professional
offices
OR =
Office residential
AC =
Auto and neighborhood oriented, light commercial
HC =
Harbor commercial
CB =
Central business district - dense downtown commercial
I =
Industrial
RM =
Resource management - partially developable lands subject to floodplains and
steep slopes
INS =
Institutional, public, quasi -public uses
P =
Parks
Table 15.10.226. Land Uses Allowed
Key:
O — Use Permitted Outright
H — Home Occupation
C — Use Requires Conditional Use Permit
P — Use Requires Administrative Permit
Blank — Use Prohibited
Zoning Districts
Principally Residential
Principally Commercial
Principally Public
Uses
RR
R1
R2
R3
UR
OR
AC
HC
CB
I
RM
INS
P
Marijuana
establishment,
cultivation facility
0
0
0
Marijuana
establishment,
limited cultivation
facility
HHHHHHHHH
H
Marijuana
establishment,
product
manufacturing
facility (hazardous
materials)
C
Marijuana
establishment,
product
manufacturing
facility (non-
hazardous materials)
C
C
0
Marijuana
establishment, retail
store
O
O
O
O
Marijuana
establishment, retail
store with on -site
consumption
endorsement; indoor
O
O
O
O
Marijuana
establishment, retail
store with on -site
consumption
endorsement; outdoor
O
O
O
O
Marijuana
establishment, testing
facility
O
O
O
O
O
8
Chapter 8.25 Marijuana Establishments
Chapter 8.25 Marijuana Establishments
8.25.010 Definitions.
As used in this chapter, unless the context otherwise requires, the following terms shall have the meanings
defined herein:
A. Marijuana means "marijuana" as that term is defined in AS 17.38.900 and any amendments thereto.
B. Marijuana establishment means a "marijuana establishment" as that term is defined in AS 17.38.900
and any amendments thereto but includes a marijuana cultivation facility, a marijuana testing facility, a
marijuana product manufacturing facility, or a retail marijuana store as those terms are defined in AS
17.38.900 and any amendments thereto.
(Ord. No. 2016-005, § 1, 6-27-2016)
8.25.015 Compliance with state laws and regulations.
No person may own or operate a marijuana establishment within the City without first being licensed by the
State of Alaska, and the establishment license must be maintained in force continuously throughout the time the
establishment operates. All marijuana establishments shall be operated in full compliance with state laws and
regulations. It shall be the owners' and/or operators' responsibility to be aware of and to comply with any and all
laws, rules and regulations adopted by any duly authorized agency of the state and the City.
(Ord. No. 2016-005, § 1, 6-27-2016)
8.25.020 Local regulatory authority established.
The City Council shall be the Local Regulatory Authority, as that term is used in Alaska Statutes Chapter
17.38. As the local regulatory authority, council is authorized to:
A. Review and submit recommendations to any federal or state agency regarding marijuana
establishment license applications;
B. Designate a body, entity or person to review or comment upon marijuana establishment license
applications;
C. Draft laws, regulations, and policies regarding marijuana establishments and marijuana use within the
City.
(Ord. No. 2016-005, § 1, 6-27-2016)
8.25.025 Marijuana establishment application review.
Once the City receives notification from a state agency that a marijuana establishment application is
complete:
A. Council may recommend approval, denial, or approval with conditions of any application for a
marijuana establishment.
Seward, Alaska, Code of Ordinances
(Supp. No. 28-1)
Created: 2024-08-06 13:39:25 [EST]
Page 1 of 2
9
B. Council shall not recommend approval of any marijuana establishment application unless the following
conditions have been satisfied:
1. The city finance department confirms that all accounts for utilities, taxes and assessments for the
persons or corporate entity named in the application are current; and
2. The Kenai Peninsula Borough verifies that all sales and property tax accounts for the persons or
corporate entity named in the application are current.
3. The applicant shall be in compliance with all city safety requirements.
(Ord. No. 2016-005, § 1, 6-27-2016)
8.25.030 Hours of operation.
Retail marijuana establishments shall not conduct any business on, or allow consumers or customers access
to the establishment's licensed premises between the hours of 2:00 a.m. and 10:00 a.m. of any day.
(Ord. No. 2016-005, § 1, 6-27-2016)
(Supp. No. 28-1)
Created: 2024-08-06 13:39:25 [EST]
Page 2 of 2
10
Official
Seward Zoning Map
This is to certify that this is the official
Seward Zoning Map referred to in Sec_
15.01.030 of Tide 15 of the Seward City
Code This zoning map replaces all
previous official zoning maps and is
intended to incorporate and contain all
revisions as enacted by ordinances as of
this date.
Attest.
Kris Peck, City Clerk
City of Seward Zoning Map
Map produced by Quinn Tracy - City of Seward August 2003
Updated by Alaska Map Company 2003. 2620
Updated by Soto GIS Consulting Inc.2024
The graphics on this map were produced from the best
available sources_ The City of Seward assumes no
responsibility for any omissions, inaccuracies, or other
errors that may exist.
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11
Other Community Regulations
Marijuana Regulations in other Communities:
Anchorage
• Marijuana establishments are only allowed in the Commercial and Industrial zoning
districts with a Special Use Permit (T)
• Personal cultivation is allowed in every zoning district, as long as it is not for commercial
use.
Land Uses Allowed
Residential
Commercial
Industrial
Marijuana cultivation
facility
T
T
Marijuana
manufacturing
facility
T
T
Marijuana testing
facility
T
T
Marijuana retail sales
establishment
T
T
Soldotna
• Marijuana establishments appear to only be allowed in the Commercial zoning districts.
Land Uses
Allowed
Rural
Residential
Single-
Family
Two-
Family
Multi-
Family
Limited
Commercial
Commercial
Industrial
Institutional
Park
Marijuana
cultivation
facility
Marijuana
manufacturing
facility
0
Marijuana
testing facility
0
0
Marijuana
retail sales
establishment
0
13
Fairbanks
• Does not restrict marijuana establishments to certain zoning districts, but rather requires
that marijuana establishments must be a certain distance away from specific zoning
districts
• Limits the total number of retail marijuana stores that can operate
Homer
Land Uses
Allowed
Residential
Central
Business
General
Commercial
Town
Center
Gateway
Business
Mixed Use
Marijuana
cultivation
facility
0
0
0
Marijuana
manufacturing
facility
0
0
0
Marijuana
testing facility
0
0
0
Marijuana
retail sales
establishment
0
0
0
Valdez
Land Uses
Allowed
Residential
Mixed Use
Central
Business
General
Commercial
Industrial
Marijuana
cultivation
facility
0
Marijuana
manufacturing
facility
C
C
C
0
Marijuana
testing facility
Marijuana
retail sales
establishment
C
0
0
0
14
ANCHORAGE CODE
21.05.055 Marijuana establishments.
This section defines specific commercial and industrial use types relating to marijuana growing, processing,
production, testing, and sales, listed in Table 21.05-1. This section also contains use -specific standards that apply
to specific use types. The use -specific standards apply regardless of the approval process for the particular use
type. All uses involving the commercial cultivation, production, testing, and sales of marijuana are governed by this
section; no other use in any other section shall involve marijuana. Personal cultivation and use of marijuana is not
regulated by this section.
A. Use -specific standards applicable to all marijuana establishments.
1. Licenses required.
a. All marijuana establishments are required to obtain a license and associated endorsements
from the State of Alaska Marijuana Control Board, and a license and associated
endorsements from the municipality of Anchorage, before beginning operations.
b. If at any time either the state license or the municipal license is suspended or revoked, the
establishment shall immediately cease operations, until such time as both required licenses
and the land use approval are valid. If an endorsement is suspended or revoked, the
establishment shall immediately cease operations authorized by that endorsement until
such time it is valid.
c. Licenses and endorsements from the municipality of Anchorage shall be issued in
accordance with chapter 10.80.
2. Separation from protected land uses.
a. In addition to the other methods for measuring the separation distances as set forth in this
subsection, all marijuana establishments shall be separated from the protected land uses
listed in subsection 2.c. below by at least 200 feet, as measured via a straight line from the
lot line of the marijuana establishment to the closest lot line of the protected land use.
Applicants who have initiated a State of Alaska marijuana license on or before January 1,
2017, are exempt from this provision.
b. Additionally, all marijuana establishments shall be separated from schools (items 2.c.i.,
2.c.ii., and 2.c.iii. below) by at least 500 feet, as measured via a straight line from the lot
line of the marijuana establishment to the closest lot line of the school. Applicants who
have initiated a State of Alaska marijuana license on or before January 1, 2017, are exempt
from this provision.
c. Additionally, all marijuana establishments shall be located at least 500 feet away from the
following uses measured in accordance with subsection 2.e., except in zoning districts
established for Chugiak-Eagle River in chapter 21.10 where marijuana establishments shall
be located at least 1,000 feet away from all the following uses, including the uses specific
to Chugiak-Eagle River listed below:
i. Boarding school.
ii. Elementary or middle school.
iii. High school.
iv. Playground.
v. A housing facility owned by a public housing authority.
vi. Child care center.
(Supp. No. Ma 84)
Created: 2024-07-17 17:21:48 [EST]
Page 1 of 4
15
ANCHORAGE CODE
vii. Homeless and transient shelter.
vii. Habilitative care facility.
ix. Dedicated parks in zoning districts established for Chugiak-Eagle River in
chapter 21.10.
x. A residential district established for Chugiak-Eagle River in section 21.10.040.
xi. The Harry J. McDonald Memorial Center.
xii. Community centers.
xiii. Neighborhood recreation centers.
xiv. Religious assemblies.
xv. Correctional institutions.
xvi. Athletic fields.
xvii. Correctional community residential centers.
d. All marijuana establishments shall be located at least 100 feet away from video arcades
with at least ten arcade machines.
e. Except in zoning districts established for Chugiak-Eagle River in chapter 21.10, the
separation distance required in subsections 2.c. and 2.d. above shall be measured by the
shortest practicable pedestrian route from the main entrance to the proposed marijuana
establishment to:
i. The closest lot line of a school (for applicants exempted from 2.b. above), child
care center, community center, neighborhood recreation center;
ii. The edge of a playground or athletic field (including abutting parking lots); and
iii. A main public entrance of the building containing any other use listed above.
f. In zoning districts established for Chugiak-Eagle River in chapter 21.10, the separation
distance required in subsections 2.c. and 2.d. above shall be measured via a straight line
from the closest lot line of the proposed marijuana establishment to:
i. The edge of a playground or athletic field (including abutting parking lots); and
ii. The closest lot line of any other use listed above.
3. Prohibited with alcohol license. A marijuana establishment shall not be allowed in the same
establishment as a use that holds a state alcohol license.
4. Prohibited with residential. A marijuana establishment shall not be allowed on a lot that contains
a residential use other than a caretaker's residence. The caretaker's residence shall be inhabited
by a person or persons associated with the marijuana establishment: a licensee, an affiliate, or an
employee of the establishment.
5. Inspection of premises. All premises of all marijuana establishments shall be open at all times
during business hours for the inspection and examination by the municipality.
6. Ventilation. The premises shall be ventilated so that the odor of marijuana cannot be detected by
a person with a normal sense of smell at any lot line of the subject property.
7. Public display of land use approval conditions. Each establishment shall display in a location near
the main entrance, and visible to the public in those establishments where the public are
(Supp. No. Ma 84)
Created: 2024-07-17 17:21:48 [EST]
Page 2 of 4
16
ANCHORAGE CODE
permitted, the conditions imposed through the land use approval, using the conditions certificate
provided by the department.
8. Permanent structure. A marijuana establishment shall be in a permanent structure with a valid
certificate of zoning compliance. No marijuana establishment shall be authorized in a vehicle or
trailer, a mobile food unit, a standalone intermodal shipping container (connex unit), or a
temporary structure.
9. Signs. Signs shall comply with state regulations and Chapter 21.12. No temporary signs are
permitted.
B. Principal uses.
1. Marijuana cultivation facility.
a. Definition. A facility that cultivates and harvests marijuana for transfer or sale to a
marijuana manufacturing facility, a marijuana testing facility, or a marijuana retail sales
establishment.
b. Use -specific standards.
i. Marijuana plants shall not be visible from a public right-of-way.
ii. All cultivation facilities shall be organized in orderly rows compliant with all
building and fire codes. Aisles between planting rows shall be included in the
square footage under cultivation.
iii. Direct retail sales to the general public is prohibited.
iv. Marijuana consumption is prohibited.
2. Marijuana manufacturing facility.
a. Definition. A facility that receives harvested marijuana from a cultivation facility and
extracts, processes, and/or manufactures marijuana products for transfer or sale to
another marijuana manufacturing facility, a marijuana testing facility, or a marijuana retail
sales establishment.
b. Use -specific standards.
i. An industrial hygienist or a professional engineer shall attest that:
(A) Any processes using solvents or flammables are safe, are in compliance
with all applicable laws, and otherwise do not create a danger to any
person or entity in or near the business.
(B) Any noxious gases or fumes created by such processes shall be mitigated
with an appropriate ventilation system.
ii. Direct retail sales to the general public is prohibited.
iii. Marijuana consumption is prohibited.
iv. "Industrial hygienist" as used in this section, shall mean an individual who
meets the definition for "industrial hygienist" set forth in AS 45.50.477(a).
"Professional engineer" as used in this section, shall mean an individual who
meets the definition for "professional engineer" set forth in AS 08.48.341.
3. Marijuana testing facility.
(Supp. No. Ma 84)
Created: 2024-07-17 17:21:48 [EST]
Page 3 of 4
17
ANCHORAGE CODE
a. Definition. A facility that analyzes and certifies the safety and potency of marijuana and
marijuana products.
b. Use -specific standards.
i. Direct retail sales to the general public is prohibited.
ii. Marijuana consumption is prohibited.
4. Marijuana retail sales establishment.
a. Definition. An establishment that receives marijuana and/or marijuana products from a
marijuana cultivation facility or a marijuana manufacturing facility, for sale to the public.
b. Use -specific standards.
i. Establishments shall be closed to the public between the hours of midnight and
8:00 a.m. each day.
ii. Establishments shall not have accessory drive-throughs.
iii. No outdoor storage or display of products is permitted.
iv. Assembly issuance of special land use permits for marijuana establishments,
related licensing, associated endorsements, and regulation of marijuana
establishments under AMC title 10 require engagement by the community
council. The owner/operator of a marijuana retail sales establishment is
encouraged to engage in neighborhood responsibility planning with
neighborhood residents and other businesses. Where available, this may be
done in conjunction with the community council. A copy of an informal
memorandum of understanding (MOU) outlining the elements confirmed with
the community council may be included with the application. In the absence of
a MOU, the applicant may include applicant's report on the status of
community engagement efforts.
v. Marijuana consumption areas, as defined by section 10.80.990, shall comply
with all applicable characteristics of subsection 10.80.306C.
vi. All outdoor marijuana consumption areas shall be screened from view on all
sides with a screening fence or wall.
(AO No. 2016-3(S), § 8, 2-23-16; AO No. 2016-35, § 1, 4-12-16; AO No. 2016-144(S), § 1, 1-1-17; AO No. 2017-55, §
8, 4-11-17; AO No. 2017-175(S), § 4, 2-13-18; AO No. 2019-67, § 3, 6-18-19; AO No. 2020-9, § 2, 2-11-20)
(Supp. No. Ma 84)
Created: 2024-07-17 17:21:48 [EST]
Page 4 of 4
18
ANCHORAGE CODE
21.03.105 Marijuana —Special land use permit.
A. Purpose. This section governs the review and approval process for land use approvals associated with
marijuana establishments, where this approval process is indicated in Table 21.05-1.
B. Applicability. Land uses requiring a special land use permit for marijuana are identified in Table 21.05-1,
Table of Allowed Uses, Table 21.09-1, Table of Allowed Uses (Girdwood), Table 21.10-4, Table of Allowed
Uses (Chugiak-Eagle River, and Table 21.11-2, Table of Allowed Uses (Downtown).
C. Application and review procedure.
1. Initiation. An application shall be initiated by the owner(s) of the subject property, or shall include a
letter of authorization (with original signature) from the owner(s) of the subject property stating their
non -objection to the application.
2. Community meeting. A community meeting is required in accordance with subsection 21.03.020C.
3. Application submittal. Applications for a municipal marijuana license, special land use permit for
marijuana, and any associated endorsements, shall be submitted to the municipality on a form
provided by the municipality, after application to the state marijuana control board has been accepted.
Applications shall contain the information required in Title 10, and the following:
a. For all marijuana establishments:
i. A site plan to scale and dimensioned, depicting the building footprint, parking areas,
vehicle circulation and driveways, pedestrian facilities, lighting, landscaping, loading
facilities, freestanding sign location(s), required open space, snow storage area or
alternative strategy, trash receptacle location and screening detail, fences, and outdoor
marijuana consumption areas.
ii. A floor plan to scale and dimensioned, depicting the entirety of the licensed premises, and
relation to all other uses located within the same building.
iii. A security plan indicating how the applicant will comply with the requirements of municipal
and state law and regulation. The security plan is not required to show location or
placement of security cameras and areas covered by them.
iv. A waste disposal plan.
b. For marijuana cultivation facilities:
i. A plan that specifies the methods to be used to prevent the growth of harmful mold.
ii. The projected amount of water that will be used.
iii. The projected amount of wastewater that will be discharged.
iv. A letter from the applicable electric utility stating that the power capacity at the proposed
location is sufficient for the intended use.
v. An odor control plan indicating how the applicant will comply with the requirements of
municipal and state law and regulation.
c. For marijuana manufacturing facilities:
i. A description of the type of products to be processed and the equipment to be used,
including a list of any solvents, gases, chemicals, or other compounds that will be used,
kept, or created at the manufacturing facility, the location of such materials, and how such
materials will be stored.
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ii. Certification of an industrial hygienist or a professional engineer, as required in subsection
21.05.055B.2.
iii. The projected amount of water that will be used.
iv. The projected amount of wastewater that will be discharged.
v. "Industrial hygienist" as used in this section, shall mean an individual who meets the
definition for "industrial hygienist" set forth in AS 45.50.477(a). "Professional engineer" as
used in this section, shall mean an individual who meets the definition for "professional
engineer" set forth in AS 08.48.341.
d. For marijuana retail sales establishment:
i. Evidence of neighborhood responsibility planning, as required in subsection 21.05.055B.4.
4. Public notice. Notice shall be provided in accordance with subsection 21.03.020H.
5. Departmental review. The department shall review each proposed marijuana establishment application
in light of the approval criteria of subsection C.7. below and distribute the application to other
reviewers as deemed necessary. Based on the results of those reviews, the department shall provide a
report to the assembly. The report shall contain a list of all marijuana licenses located within 1,000 feet
of the proposed subject property.
6. Assembly action.
a. The special land use permit for marijuana shall be considered by the assembly by resolution.
b. After holding a public hearing, the assembly shall approve or deny the application. In considering
action, the assembly shall apply the criteria set forth in subsection C.7. below. The conditions of
approval shall include, at a minimum, operation of the business in compliance with all the plans
and information made part of the application.
c. The assembly shall not take into consideration the sum paid by any person to acquire the license
for which a permit is requested.
7. Approval criteria. The assembly may approve a special land use permit for marijuana if, in the judgment
of the assembly, the application meets the following approval criteria:
a. The proposed use is consistent with the comprehensive plan, all applicable provisions of this title,
and applicable state regulations.
b. The proposed use is consistent with the purpose and intent of the zoning district in which it is
located, including any district -specific standards set forth in Chapter 21.04.
c. The proposed use is consistent with applicable use -specific standards set forth in Chapter 21.05.
d. The proposed use is compatible with uses allowed on adjacent properties, in terms of its scale,
site design, and operating characteristics (e.g., hours of operation, traffic generation, lighting,
noise, odor, dust, and other external impacts).
e. The proposed use is appropriately located with respect to existing and/or planned water supply,
power supply, fire and police protection, wastewater disposal, storm water disposal, and similar
facilities and services.
f. Any significant adverse impacts anticipated to result from the use can and will be mitigated or
offset to the maximum extent feasible.
g•
The owner/operator of the establishment has no previous denials or revocations of a marijuana
license or special land use permit, or previous documented violations of municipal or state
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law/regulation relating to marijuana establishments. Alternately, the owner/operator has
provided sufficient evidence of rehabilitation to the assembly.
h. The owner/operator of a marijuana retail establishment has meaningfully engaged in
neighborhood responsibility planning with residents and other neighborhood businesses to
mitigate concerns such as odor, parking, and security. Neighborhood responsibility planning
guidelines are included in AMC Chapter 2.40.
8. Effect of denial. An application for approval under this section that has been denied shall not be
accepted for rehearing for a period of one year following such denial if the director finds the proposed
application is substantially the same as that denied, and if no substantially new evidence or change in
circumstances has occurred. This paragraph shall not apply to an application filed under assembly
direction at a hearing at which a like application was considered.
9. Modifications.
a. Modifications to the licensed establishment submitted by the licensee for the following changes
shall be considered by the assembly after a public hearing noticed in accordance with subsection
21.03.020H.:
i. Any increase to the gross square footage of the licensed premises area of more than 20
percent.
ii. Any second increase or subsequent increase thereafter to the gross square footage of the
licensed premises of any amount.
iii. For marijuana retail sales establishments:
(A) If within 500 feet of a residential zoning district (measured lot line to lot line)
any expansion of hours of operation and/or any increase in the number of
outdoor light fixtures on the site that have the potential to negatively affect
nearby residential areas, as determined by the director.
(B) The addition of an indoor or outdoor marijuana consumption area, or an
increase of the existing marijuana consumption area of more than 20 percent,
or the addition of marijuana consumption by inhalation or smoking not
previously approved by the assembly.
b. Modifications to the licensed establishment submitted by the licensee for all other changes shall
be considered by the director, although the director may require a proposed change to be
brought to the assembly if the director determines the proposed change is significant and
warrants assembly consideration. Upon denial by the director, a licensee may request that the
director's decision be vacated and the unchanged modification application be considered de
novo by the assembly. The director shall provide an annual report to the assembly regarding
changes requested and approved.
c. At any time, after a public hearing with written, published, and community council notice in
accordance with subsection 21.03.020H., the assembly may modify an approved special land use
permit for marijuana, if the assembly finds such modification necessary to meet the approval
criteria of subsection C.7. above.
10. Expiration. The special land use permit for marijuana shall expire:
a. Sixty days after expiration of either the state or municipal license, if no new or renewal license
application has been submitted to the state or municipality within that time;
b. If the use for which the permit was approved has been discontinued, vacant, or inactive for a
continuous period of at least one year; or
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c. If the operation of the business becomes substantially different from the business and operation
reviewed by the assembly when the land use approval was granted under this section, unless the
licensee applies for and receives approval for a modification of the existing approval to reflect
the change. For the purpose of this section, "substantially different" means any material change
in the operation of the business which could result in significant impact on the use and
enjoyment of adjacent properties by property owners or occupants.
11. Variances. Notwithstanding AMC Chapter 21.02 and Section 21.03.240, Variances from the provisions
of Section 21.05.055, Marijuana Establishments, shall be decided by the assembly as part of an
application for a special land use permit for marijuana. The application must state with particularity the
relief sought and must specify the facts or circumstances that are alleged to show that the application
substantially meets all of the following standards:
a. Granting the variance does not violate state law or regulation.
b. Granting the variance will not be detrimental to the public welfare or injurious to other property
in the area.
c. The variance is necessary due to some particular condition of the property that is not present in
most properties or for most similar applicants.
d. The variance is the minimum variance necessary to allow reasonable use of the property for
commercial marijuana.
e. The hardship is not self-imposed, special conditions and circumstances do not result from the
actions of the applicant, and such conditions and circumstances do not merely constitute
inconvenience or an undesirable financial burden.
(AO No. 2016-3(S), § 4, 2-23-16; AO No. 2016-161, § 1, 1-10-17; AO No. 2017-55, § 6, 4-11-17; AO No. 2017-175(S),
§ 2, 2-13-18; AO No. 2019-67, § 2, 6-18-19; AO No. 2020-9, § 1, 2-11-20; AO No. 2020-38, § 3, 5-28-20)
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17.10.295 Marijuana establishments.
A. Scope. This section applies to the operation of all marijuana establishments within city boundaries.
B. Purpose and Intent. The purpose of this section is to establish regulations and general standards for
marijuana and marijuana establishments as allowed by state law.
This Code in no way protects marijuana establishments from enforcement of federal law nor is it intended to
sanction conduct or operations prohibited by law. All persons engaged in the marijuana industry within the city
operate at their own risk and have no legal recourse against the city in the event that city laws are preempted,
negated or otherwise found unenforceable based upon federal law prohibiting the sale, distribution, consumption
or possession of marijuana.
C. Change of Use. The issuance of a new, but not renewal, state marijuana business license shall constitute a
change of use of the land or building occupied by the licensed premises.
D. Permit Required. Approval of a zoning permit application or conditional use application and the issuance of a
zoning permit, consistent with SMC 17.10.420, shall be required for all marijuana establishments.
E. General Standards.
1) Applicability. Section 17.10.295 shall apply to marijuana establishments regardless of whether they are
a permitted or conditional use.
2) Site Plan Required. City approval of a site plan as set forth in SMC 17.10.415 is required for all
marijuana establishments.
3) A marijuana establishment may only be allowed with the written consent of the owner of the property.
4) Outdoor Storage. No outdoor storage of marijuana or hazardous substances shall be allowed for any
marijuana establishment.
5) As a condition of use, marijuana establishments must comply with 3 AAC 306.360, and SMC 15.08, Sign
Code.
6) Hours of Operation. No marijuana establishment may conduct business on, or allow any customer or
consumer to access, the licensed premises between the hours of 12:00 a.m. and 8:00 a.m. each day.
7) Be registered to collect sales tax with the Kenai Peninsula Borough.
F. Buffers.
1) Marijuana establishments shall not be located within the following buffer zones:
a. 500 feet from schools and public colleges and universities;
b. 500 feet from state licensed day cares;
c. 500 feet from recreation or youth centers;
d. 500 feet from places of worship;
e. 500 feet from correctional facilities;
f. 500 feet from libraries;
g. 500 feet from substance abuse treatment facilities, transitional housing, and recovery facilities;
or
h. 300 feet from a city park.
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2) Buffer distances shall be measured as the closest distance from the perimeter of a stand-alone
marijuana establishment structure to the closest lot line of a lot containing a school, day care, park,
recreation or youth center, correctional facility, library, and substance abuse treatment facilities.
The buffer distance for places of worship shall be measured as the closest distance from the perimeter of a
stand-alone marijuana establishment structure to the perimeter of a place of worship.
If a marijuana establishment occupies only a portion of a structure, buffer distances are measured as the
closest distance from the perimeter of the closest interior wall segregating the marijuana business from other
uses, or available uses in the structure, or an exterior wall if closer, to the closest lot line of a lot containing a
school, day care, park, recreation or youth center, correctional facility, library, and substance abuse treatment
facilities, or to the perimeter of a place of worship.
G. Prohibited Uses. The following uses are prohibited:
1) Marijuana cultivation in all zoning districts.
2) Marijuana establishments on city -owned lands.
3) Marijuana establishments without a valid, current state license.
H. Revocation for Noncompliance. The Administrative Officer, or the Planning And Zoning Commission may
revoke a permit if it is determined that the conduct of the use of operation(s) is not in compliance with the
terms and conditions of any permit required by this chapter or in violation of any provision of this Code or
state law.
I. Violations and Penalty. The failure to obtain a required permit or the operation of a marijuana establishment
in violation of the standards of this chapter, including those imposed by any permit, is a minor offense as
defined in SMC 1.08.030 .
J. Appeal of Decision. Any appeals of decisions made under this section shall follow the guidelines set forth in
SMC 17.10.430, Administrative appeals.
(Ord. No. 2018-004, § 6, 2-14-2018)
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17.10.420 Zoning permit.
A. Intent. The intent of this section is to require applicants for the following uses to receive a Zoning Permit
before they proceed with their projects:
1) Any uses or structures for which the submission of an off-street parking and loading plan or a
landscaping plan is required as an element of a site plan;
2) Temporary uses;
3) Conditional uses, including all conditional uses cited within the zoning districts and conditional use
approvals required for planned unit developments, the Kenai River Overlay District, unlisted uses, and
natural resource extractions;
4) Variances; and
5) Accessory dwelling units.
B. Procedures. The following procedures shall be followed for submission, review, and approval of a Zoning
Permit application:
1) Pre -Application Meeting —Before submitting an application for a Zoning Permit, the applicant shall
meet with the Administrative Officer in a pre -application meeting and provide such information as is
necessary to explain the proposed project. At the pre -application meeting the Administrative Officer
shall:
a. Review the applicant's proposal;
b. Inform the applicant regarding the requirements of this Code which apply to the proposal,
including what additional information will be required with the application or may be waived.
The addition or waiver of information does not preclude the Commission from requesting
additional information and/or waiving information at a future time in the review process; and
c. Provide preliminary advice to the applicant regarding the conformity of the proposal to the
requirements of this zoning code.
2) Pre -Application Meeting Waiver —The pre -application meeting may be waived where the
Administrative Officer determines that the pre -application meeting would not materially aid the
expeditious processing of the application.
3) Application —The applicant for a Zoning Permit shall prepare and submit an application, along with the
appropriate fees, on forms obtained through the Administrative Officer. The application shall include a
site plan that contains all the information required in Section 17.10.415, Site Plan Review, and the
following:
a. A precise description, presentation of facts, and explanation of circumstances of the applicant's
request, and in the case of a variance, the specific section and subsection of this zoning code
from which the applicant is seeking relief;
b. A description of how the applicant will comply with the required standards, any requested
waivers or modifications from required standards for an off-street parking and loading plan or
landscaping plan, and any special conditions the applicant is willing to accept to mitigate any
negative effects to the public health safety and welfare;
c. Any additional information as may be required by the Administrative Officer to determine if
standards and conditions have been met; and
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d. Certification by the Borough Finance Department in a Tax Compliance Certificate that the
applicant is current in the payment of any sales tax to the City or Borough.
4) Administrative Review and Action —Where the application is for approval of an off-street parking and
loading plan, landscaping plan, or temporary use, the Administrative Officer may take one of the
following actions:
a. Approve the application upon finding that it meets all of the applicable general and specific
standards associated with the application;
b. Approve the application if it is for an off-street parking and loading plan or a landscaping plan
that requests a waiver or modification from the applicable specific standards, after finding that
such waiver or modification substantially complies with the objectives of the specific standards
being addressed and complies with the intent and general standards of the applicable sections of
the zoning code; or
c. Refer the application to the Commission although the application is otherwise eligible for
administrative review but has been determined by the Administrative Officer to involve unique
circumstances.
5) Commission Review and Approval —The Commission shall review and may approve the following:
a. An application which is otherwise eligible for administrative review but has been referred to the
Commission according to the procedures in subsection 4.c, above; and
b. An application for a conditional use or a variance, in which case a public hearing shall be held in
accordance with Section 17.10.425, Public Hearings.
C. Approval of Modifications after Zoning Permit Granted. Any modification from the terms and conditions of
the Zoning Permit approval shall require approval from either the Administrative Officer or the Commission,
whichever gave initial approval, prior to the modification being undertaken. For each and every violation of
the provisions of this section, the owner, agent, or contractor of a building or premises where such violations
have been committed or shall exist, or any other person who maintains any building or premises in which
any violation exists, shall be subject to a civil penalty in an amount up to $1,000. Each and every day that
such violation continues shall be deemed a separate and distinct violation. All remedies and penalties
provided for in this section or code shall be cumulative and not exclusive.
(Ord. 692 § 1, 1999; Ord. No. 2022-029, § 17, 10-12-2022)
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Title 8 - HEALTH AND SAFETY
Chapter 8.30 MARIJUANA REGULATION
Chapter 8.30 MARIJUANA REGULATION
8.30.010 Definitions.
"In public" means in or upon any city -owned property, as well as any place that members of the public are
able to congregate regardless of whether the property is privately or publically owned. Examples include, but are
not limited to, restaurants, bars, clubs, hallways, lobbies and common areas of hotels and multi -unit buildings,
shorelines, waterways and tidelands, and specifically includes the premises of any marijuana business.
"Marijuana business" means any and all business, acts, or commerce subject to registration or licensure
pursuant to Alaska Statute Chapter 17.38.
(Ord. No. 2015-042, § 1, 12-9-2015; Ord. No. 2018-005, Ord. No. 2018-005, § 1, 2-14-2018)
8.30.020 Local regulatory authority.
The city council is designated as the "local regulatory authority" as that term is used in Alaska Statutes
Chapter 17.38 and any implementing legislation or rule -making.
(Ord. No. 2015-041, § 1, 12-9-2015; Ord. No. 2015-042, § 1, 12-9-2015)
8.30.030 License application review.
A. Upon notice from the Alcohol and Marijuana Control Office of a completed application for a marijuana
business license for premises within the city, the clerk shall forward the application to appropriate
department heads to make investigations within their respective areas of responsibility within 14 days. The
city manager shall compile the investigation results into an administrative report, which may include the
administration's recommendations for non -objection or protest.
B. Renewal and transfer of ownership applications. Unless the administrative investigation determines that a
license renewal or transfer of ownership application is subject to any ground for protest set forth in
subsection 8.30.030(e), the clerk shall provide a letter of non -objection to the State of Alaska Marijuana
Control Board. If the administrative investigation determines that a license renewal or transfer of ownership
application is subject to any ground of protest set forth in subsection 8.30.030(E), the clerk shall place the
matter of an application on the agenda for a regular or special meeting of the council held not less than 15
days from completion of the administrative investigation.
C. New, relocation, and other licenses applications. For any application for a new license, relocation of an
existing licensed premises, and any marijuana business license application other than for a license renewal or
transfer of ownership, the clerk shall place the matter of the application upon the agenda for a regular or
special meeting of the council held not less than 15 days from receipt of the notice from the Alcohol and
Marijuana Control Office.
D. Council review of application for marijuana business license.
For any marijuana business license matter before the council pursuant to this section, after receiving the
administration report and public comment, the council may take one of the following actions by motion :
1. Non -objection. Upon finding that the application satisfies all legal requirements, the council may
authorize the clerk to issue a letter of non -objection to the Marijuana Control Board, provided the
Soldotna, Alaska, Code of Ordinances
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licensee(s) has satisfied all obligations to the city or entered into a City approved payment plan with
the Borough or city on any obligations owed to the city.
2. Non -objection with conditions. If any legal requirements or obligations are not satisfied, but could be
satisfied through further action of the licensee(s), the council may authorize the clerk to issue a letter
of conditional non -objection setting forth the city's conditions for non -objection.
3. Protest. Upon determining the existence of one or more grounds set forth in subsection 8.30.030(E) ,
the council may direct the Clerk to cause a protest to be filed with the Marijuana Control Board.
E. Grounds for protest. A marijuana license or application may be protested for one or more of the following
grounds:
1. Failure of the applicant to secure a required city permit, or if the applicant is in violation of any
applicable city permit;
2. The applicant has violated a provision of AS 17.38 or regulations adopted by the state, or a condition
imposed by the Alcohol and Marijuana Control Office on the license, or if issuance of the license would
violate a provision of state law or regulations;
3. The marijuana business operated under the license, or any other business owned in whole or in part by
any person named in the application as an applicant or on the permit is, on the date the council
considers the matter, delinquent in the payment of any city sales tax or penalty or interest on sales tax;
4. There are delinquent property taxes or local improvement district assessments or penalty or interest
thereon arising out of real or personal property owned in whole or in part by any person named in the
application as an applicant or such property as is to be used in the conduct of business under the
license;
5. There is a delinquent charge or assessment owing to the city or borough by the licensee for a municipal
service provided for the benefit of the business conducted under the license or for a service or an
activity provided or conducted by the city or borough at the request of or arising out of an activity of
the business conducted under the license;
6. The business operated or to be operated under the license is violating or would violate the Soldotna
Municipal Code;
7. The business operated under the license is, on the date the council considers the matter, in violation of
state or municipal fire, health, or safety code, or for any concern identified by the building official, or
police chief or fire chief (conviction for a violation is not a prerequisite for a protest under this section);
or
8. Any factor identified by state statute or regulation as appropriate grounds for a protest.
(Ord. No. 2015-042, § 1, 12-9-2015; Ord. No. 2017-34, § 1, 12-13-2017; Ord. No. 2018-005, § 3, 2-14-2018; Ord.
No. 2023-016 § 1, 6-14-2023)
8.30.040 Marijuana use in public prohibited.
Use or consumption of marijuana in public is prohibited. This section is not intended to restrict the owner of
any property from further restricting use of marijuana.
(Ord. No. 2018-005, § 4, 2-14-2018)
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8.30.050 Marijuana use in or on motor vehicles is prohibited.
Except behind a solid partition that separates the vehicle driver or watercraft operator from the area
normally occupied by passengers, a person may not use or consume marijuana in a motor vehicle when it is
operated on a highway or vehicular way or area, or in or on a watercraft while it is underway upon public waters.
(Ord. No. 2018-005, § 5, 2-14-2018)
8.30.060 Allowing prohibited marijuana use prohibited.
It is unlawful for any person who owns or operates any restaurant, eatery, bar, hotel, other lodging, motor
vehicle, or watercraft to permit marijuana use in violation of this chapter.
(Ord. No. 2018-005, § 6, 2-14-2018)
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PART II - CODE OF ORDINANCES
Chapter 14 - BUSINESSES
ARTICLE VI. MARIJUANA ESTABLISHMENTS
ARTICLE VI. MARIJUANA ESTABLISHMENTS
Sec. 14-211. Local control.
The city council may exercise local control of marijuana establishments to the fullest extent allowed by state
law.
(Ord. No. 6070, § 1, 5-12-2018)
Sec. 14-212. Number of licenses authorized.
(a) The number of marijuana establishment licenses authorized within the city limits is the number authorized
by state law or as set forth below:
(1) Retail marijuana store: 25 allowed within the city limits.
(2) Marijuana cultivation facility: as authorized by state law.
(3) Marijuana testing facility: as authorized by state law.
(4) Marijuana product manufacturing facility: as authorized by state law.
(Ord. No. 6070, § 1, 5-12-2018)
Sec. 14-213. Restrictions on marijuana establishments.
(a) Onsite consumption of marijuana at any marijuana establishment is allowed in the city only as authorized by
state law and regulated by the alcohol and marijuana control office.
(b) No marijuana cultivation facility may be located within 750 feet of areas zoned as Multiple Family (MF),
Multiple Family Residential/Professional Office District (MFO), Two -Family Residential (TF), and all Single -
Family (SF) zoned areas.
(c) No retail marijuana store may be located within 750 feet of a school or within 750 feet of a drug or alcohol
rehabilitation facility. As used in this section, "school" means a building whose primary use is for instruction,
on a daily basis, of students grades K through 12, and "drug or alcohol rehabilitation facility" means a
building whose primary use is for treatment of persons seeking rehabilitation and recovery from drug or
alcohol abuse or addiction.
(d) Any distance requirement in this section shall be measured as follows:
(1)
For subsection (b), the distance shall be measured by using a straight line from the closest point of the
primary structure of the referenced marijuana establishment to the nearest border of the zone.
(2) For subsection (c), the distance shall be measured by using a straight line from the closest points of the
primary structure of the referenced marijuana establishment and the primary structure of the school
or rehabilitation facility.
(e) The restrictions in subsections (b)—(d) above do not apply to marijuana establishments approved by the
state Alcohol and Marijuana Control Office (AMCO) or previously considered by the city council and pending
before AMCO prior to the effective date of this article.
Fairbanks, Alaska, Code of Ordinances
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(Ord. No. 6070 , § 1, 5-12-2018; Ord. No. 6101, § 1, 4-27-2019; Ord. No. 6151, § 1, 4-17-2021)
Sec. 14-214. Procedure for review of licenses.
(a) Upon receipt of notice from AMCO that it is considering an application for a transfer, renewal, or new
marijuana establishment license of any type, the city clerk will direct the fire and police chiefs, the building
official, and the chief financial officer to make appropriate investigations within their respective areas of
responsibility and to forward written statements to the clerk's office of any reasons why the city should
object to the approval of the application.
(b) The city clerk will report to the city council any objections to approval of an application which have been
submitted.
(c) For all new marijuana establishment licenses and license transfers referred to the city by AMCO:
(1) The city clerk will duly advertise in a newspaper of general circulation in the Fairbanks area the date,
time, and place where the city council will consider the proposed application and in addition, for all
new marijuana establishment licenses, will send copies of such advertisement by mail to all owners of
record of land within 1,000 feet of where the marijuana establishment will be located under the
proposed new license; and
(2) On the date and time set for consideration of the proposed application, the city council will hear all
interested citizens who may wish to express their opinions on the application.
(d) The city council will determine by motion whether or not to object to the approval by AMCO of the
application for the transfer, renewal, or new marijuana establishment license. The city council will consider
any written objection, protest, suggested condition, petition, and any testimony received at the public
hearing when it considers the application. If the city council objects to approval of the application, the city
clerk will prepare and lodge an appropriate protest with AMCO within 60 days of receipt of the proposed
application.
(Ord. No. 6070, § 1, 5-12-2018)
Sec. 14-215. City council review of license issuance, renewal, or transfer.
(a) Upon receipt of notification from AMCO that it has before it an application for the issuance, renewal, or
transfer of a marijuana establishment license, the city council will determine whether to protest approval of
the application. The city council may protest the issuance, transfer, or renewal of a license if it determines
any of the following conditions exist:
(1) Noncompliance with any of the restrictions set forth in section 14-213.
(2) The business operated under the license is, on the date the city council considers the application,
delinquent in the payment of any sales tax or penalty or interest on such taxes arising out of the
operation of the licensed premises.
There are delinquent property taxes or local improvement district assessments or penalty or interest
arising out of real or personal property owned in whole or in part by any person named in the
application as an applicant where such property is used, or is to be used, in whole or in part, in the
business conducted or to be conducted under the licenses.
(3)
(4) There is a delinquent charge or assessment owing the city by licensee for a municipal service provided
for the benefit of the business conducted under the license or for a service or an activity provided or
(Supp. No. 34)
Created: 2024-03-06 11:10:19 [EST]
Page 2 of 4
31
FAIRBANKS CODE
(5)
conducted by the city at the request of or arising out of an activity of the business conducted under the
license.
The business to be operated under the license would violate the zoning code of the borough.
(b) The city council will also consider the following factors in determining whether to protest the approval of the
application:
(1) The character of the surrounding neighborhood and whether the issuance of the license would
adversely impact the health, welfare, or public safety of the neighborhood in which the marijuana
establishment is proposed to be located, or otherwise would not be in the best interest of the public.
(2) Law enforcement problems, including the proximity of the premises to law enforcement stations and
patrols.
(3) The concentration of other marijuana licenses in the same vicinity.
(4) Whether the surrounding area experiences a high rate of crime.
(5) The adequacy of parking facilities.
(6) The safety of ingress to and egress from the premises.
(7) Compliance with state and local fire, building, and health and safety codes.
(8) The degree of control the licensee has or proposes to have over the conduct of the licensed business.
(9) The history of convictions of the applicants and affiliates of the applicants for:
a. Any felony involving moral turpitude;
b. Any violation of AS 11.71 (Controlled Substances) or AS 17.38 (Regulation of Marijuana); and
c. Any violation of the marijuana laws of another state as a licensee of that state.
(10) Whether the applicant or the applicant's affiliates are untrustworthy, unfit to conduct a licensed
business, or constitute a source of harm to the public.
(11) Any other factor the city council determines is relevant to a particular application.
(12) Together with the renewal application, the city clerk shall provide to the city council for its review all
complaints on each licensee which have been filed with the City of Fairbanks, the Fairbanks North Star
Borough, or AMCO.
(Ord. No. 6070, § 1, 5-12-2018)
Sec. 14-216. Access for enforcement; penalties.
(a) All marijuana establishments must provide the chief of police with their current hours of operation.
(b) Owners of marijuana establishments, their employees, and all patrons in such establishments must permit
and aid the entry of any law enforcement officer during all hours of operation and at any other time when
there are two or more persons in the licensed establishment.
(c) Any person who violates or fails to comply with the provisions of subsection (b) of this section will be guilty
of a misdemeanor and upon conviction will be fined as provided in FGC section 1-15.
(d) Lack of knowledge, lack of intent, or absence from the premises is not a defense to any criminal action
brought under this section against any employee in charge of a marijuana establishment.
(Ord. No. 6070, § 1, 5-12-2018)
(Supp. No. 34)
Created: 2024-03-06 11:10:19 [EST]
Page 3 of 4
32
FAIRBANKS CODE
Sec. 14-217. State law incorporated.
(a) The city hereby incorporates by reference AS 17.38 inclusive as if set forth fully in this chapter.
(b) If a conflict should arise or exist between the provisions of AS 17.38 and this article, the requirements of this
article will take precedence and will be deemed the applicable law within the City of Fairbanks.
(Ord. No. 6070, § 1, 5-12-2018)
Sec. 14-218. City of Fairbanks Building Department review.
(a) All cultivation and product manufacturing facilities shall install a carbon air filter system or equivalent. The
system design will be approved by the building department in accordance with an amendment to the 2015
International Mechanical Code, once proposed and approved by the building code review and appeals
commission. The plans for the carbon air filter system or equivalent shall be included with the license
application package that goes before the city council.
(b) If a marijuana retail facility receives complaints of odors from neighbors, adjacent properties, or passersby,
the building department shall investigate the complaint.
(Ord. No. 6070, § 1, 5-12-2018)
Secs. 14-219-14-250. Reserved.
(Supp. No. 34)
Created: 2024-03-06 11:10:19 [EST]
Page 4 of 4
33
HOMER CODE
Chapter 21.62
MARIJUANA CULTIVATION, MANUFACTURING, RETAIL, AND
TESTING FACILITIES
Sections:
21.62.010 Scope.
21.62.020 Intent.
30 De
21.62.040 Pre -application conference and State of Alaska application review process.
21.62.050 Costs.
21.62.060 Safety and security plan.
Plits62.070 Bu
21.62.080 General restrictions applied to all marijuana facilities.
2st6po10
a. This chapter applies to the operation of all marijuana cultivation, manufacturing, retail, and
testing facilities within the City boundaries.
b. This chapter in no way protects marijuana facilities from enforcement of Federal law nor is
it intended to sanction conduct or operations prohibited by law. All persons engaged in the
marijuana industry within the city operate at their own risk and have no legal recourse
against the City in the event that City laws are preempted, negated or otherwise found
unenforceable based upon Federal law prohibiting the sale, distribution, consumption or
possession of marijuana. [Ord. 16-04(A-2)(5-3) § 5, 2016].
2iliffibe20
a. This chapter is intended to impose regulations that prevent:
1. The distribution of marijuana to minors;
34
HOMER CODE
2. Revenue from the sale of marijuana from going to criminal enterprises, gangs, and
cartels;
3. The diversion of marijuana from states where it is legal under State law in some form
to other states where it is unlawful;
4. State -authorized marijuana activity from being used as a cover or pretext for the
Ming of other illegal drugs or other illegal activity;
fiettiticrierillathaisclaitiivatierchnd distribution of marijuana;
6. Drugged driving and the exacerbation of other adverse public health consequences
associated with marijuana use;
7. The growing of marijuana on public lands and the attendant public safety and
environmental dangers posed by marijuana production on public land; and
8. Marijuana possession or use on Federal property. [Ord. 16-04(A-2)(S-3) § 5, 2016].
21.62.030f01ions.
[Reserved]. [Ord. 16-04(A-2)(S-3) § 5, 2016].
21:62ipiblication conference and State of Alaska application
review process.
a. When this title requires a conditional use permit for a marijuana facility, the applicant must
meet with the City Planner to discuss the conditional use permit process and any issues that
&Alpe proposed conditional use. This meeting is to provide for an exchange of
general and preliminary information only and no statement made in such meeting by either
the applicant or the City Planner shall be regarded as binding or authoritative for the
purposes of this title.
b. Council is designated as the "local regulatory authority" as that term is used in AS 17.38.
fidlavitCitk e &ateKAM's iter daN Apra380ns
once those applications have been transmitted to the City for its review by the Marijuana
Control Board or other designated agency of the State of Alaska, for compliance with the
Code. Within 15 days of receipt of an application under this section, the City Planner shall
provide the City Clerk with the application with a written notice to Council stating whether the
application complies or fails to comply with the Code.
35
HOMER CODE
elattilTroneigarOtgaicthrisptipplieation and the City Planner's noti
Council shall consider whether or not to protest the application at its next regularly
scheduled meeting. Council may protest any application under this section or may
recommend that an application under this section be approved subject to conditions.
e. The review of an application under this section shall not be subject to formal rules of
evidence or procedure and Council may consider any facts or factors it deems relevant to its
review so long as such facts or factors are not arbitrary, capricious or unreasonable.
f. Council's decision regarding whether or not to protest an application under this section
tilablirthei is not subject to appeal. [Ord. 18-41 § 1, 2018; Ord. 16-50 § 1, 2016; Ord. 16-
04(A-2)(5-3) § 5, 2016].
2 b6ts050
The cost of all permits, studies and investigation required under this chapter shall be borne
by the applicant. [Ord. 16-04(A-2)(5-3) § 5, 2016].
2steet9aold security plan.
A conditional use permit for a marijuana facility required by this title shall include an analysis
of the ways in which the intent and purpose of this chapter have been met and the safety
fidrioe[rlEfidenti 21.62.010 and 21.62.020 will be addressed. [Ord. 16-04(A-2)(S-3)
§ 5, 2016].
21.62.0708N.
ffr§,healcatirgi nzlorrmsntejricesqutredDaj and shrubs, to
ffirininaimellrirptimsitruF lmsapp-rgperty. A landscaped bu
and berms of no less than 10 feet in width will be required where the property with a
marijuana facility adjoins districts in which marijuana facilities are prohibited or permitted
only as a conditional use.
ffrIbeEfoltbsihigebipplied to all marijuana facilities in all districts:
1. Schools: 1,000 feet.
2. Churches: 500 feet.
3. jail: 500 feet.
36
HOMER CODE
4. Youth/recreation center: 500 feet.
5. Library: 200 feet.
c. Marijuana facilities abutting the Jack Gist Municipal Park, Karen Hornaday Municipal Park,
ilsjview Municipal Park, or Ben Walters Municipal Park must have 1,000 feet or more bu
measured from the boundary of the park.
d. For purposes of this section, "schools" mean property primarily used as a private or public
elementary or secondary education facility or property primarily used as a post -secondary
education facility, including but not limited to private, faith -based, and public colleges and
universities. [Ord. 16-04(A-2)(S-3) § 5, 2016].
271eStIOSIDrestrictions applied to all marijuana facilities.
a. All marijuana facilities in all districts shall comply with HMC 21.59.030.
b. An application for a conditional use permit under this chapter shall not be approved if the
location of the facility violates the regulatory intent in HMC 21.62.020. [Ord. 16-04(A-2)(S-3)
§ 5, 2016].
37
VALDEZ CODE
Chapter 5.06
MARIJUANA REGULATION
Sections:
5.06.010 Definitions.
5.06.020 Local regulatory authority.
5.06.030 Remedies and conformance with state law.
5.06.040 Marijuana use in public places prohibited.
5.06.050 Allowing unlawful marijuana use prohibited.
5.06.060 Marijuana possession and use under the age of twenty-one prohibited.
5.06.070 Unregistered commercial cultivation of marijuana prohibited.
5.06.080 Commercial marijuana facilities.
5.06.010 Definitions.
The following words and phrases when used in this chapter have the meanings as set out herein:
"Business" means any natural person or legal entity such as, without limitation, a business -for -
profit corporation, nonprofit corporation, partnership, limited liability company or trust that
undertakes to provide goods or services to the public or to persons who are members of a private
group that is eligible to obtain the goods or services, regardless of whether the business exists or
is conducted for the purpose of making a profit.
"Commercial cultivation" means the cultivation of more than six marijuana plants, or more than
three mature, flowering marijuana plants:
1. In any nondwelling structure;
2. In a dwelling unit or in any nondwelling unit area within a dwelling;
3. If cultivated outside of a structure, upon the smallest recorded subdivision of the land; or
4. By a business.
"Commercial marijuana facility" means any marijuana facility licensed under AS 17.38.100 and
subject to 3 AAC 306.005 through 306.990 including a marijuana concentrate manufacturing
facility, a marijuana cultivation facility, a limited marijuana cultivation facility, a marijuana product
manufacturing facility, a marijuana concentrate manufacturing facility, a marijuana retail store, or a
marijuana testing facility.
"Marijuana" means all parts of the plant of the genus Cannabis whether grown or not, the seeds
thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt,
38
VALDEZ CODE
derivative, mixture or preparation of the plant, its seeds, or its resin, including marijuana
concentrate.
"Public place" means any area to which the public is invited or into which the public is permitted,
including, but not limited to, educational facilities, entertainment, food and beverage services,
offices, retail stores, common areas in multi -unit buildings such as lobbies, stairwells and hallways,
transportation facilities and vehicles accessible to the general public, parks, public rights -of -way,
shorelines, waterways, tidelands, as well as all city -owned property. (Ord. 16-03 § 1 (part): Ord. 15-
05 § 1 (part))
5.06.020 Local regulatory authority.
The city council is designated as the "local regulatory authority" as that term is used in AS 17.38
and any implementing legislation or rulemaking. (Ord. 16-03 § 1 (part): Ord. 15-05 § 1 (part))
5.06.030 Remedies and conformance with state law.
A. The city may cite any violation of this chapter as a minor offense. Any violation of this chapter
is an offense punishable pursuant to Section 1.08.010.
B. Except as otherwise provided, AS 17.38.010 through 17.38.900 and 3 AAC 306.005 through
306.990 shall apply and are hereby incorporated by reference as though fully set forth herein.
(Ord. 16-03 § 1 (part): Ord. 15-05 § 1 (part))
5.06.040 Marijuana use in public places prohibited.
A. Use or consumption of marijuana in a public place is prohibited. This section is not intended to
restrict a property owner from further restricting use of marijuana.
B. The parks and recreation director, with approval of the police chief, may grant exceptions to
subsection A of this section for private events held on city of Valdez owned property. An application
for a waiver must be completed and submitted to the parks and recreation director no less than ten
working days prior to the scheduled private event.
1. The parks and recreation director, with approval of the police chief, may impose
conditions on any waiver granted pursuant to this subsection B including conditions limiting
the time, place, and manner of activities. (Ord. 21-11 § 1; Ord. 16-03 § 1 (part): Ord. 15-05 §
1 (part))
5.06.050 Allowing unlawful marijuana use prohibited.
No person who manages, oversees, controls, or has an ownership interest in any business shall
allow marijuana use in violation of this chapter in or on the premises of the business or on property
owned, leased, or rented by the business. (Ord. 16-03 § 1 (part): Ord. 15-05 § 1 (part))
5.06.060 Marijuana possession and use under the age of twenty-one prohibited.
No person under twenty-one years of age shall possess or use marijuana. (Ord. 16-03 § 1 (part):
Ord. 15-05 § 1 (part))
5.06.070 Unregistered commercial cultivation of marijuana prohibited.
No person shall commercially cultivate marijuana unless the facility and cultivator are validly
registered under AS 17.38.100. Each unlawfully cultivated plant shall be considered a separate
39
VALDEZ CODE
violation. (Ord. 16-03 § 1 (part): Ord. 15-05 § 1 (part))
5.06.080 Commercial marijuana facilities.
Operation of a commercial marijuana facility is prohibited where not expressly permitted in Title 17.
(Ord. 16-03 § 1 (part))
40
Building Height
15.10.220 Development requirements.
A. Table 15.10.222, development requirements, is incorporated herein by reference and the restrictions and
annotations contained therein are mandatory unless otherwise modified by this chapter. (See table at the
end of this section; see also section 15.10.210.)
B. Building height. The purpose of building height standards is to prevent loss of life or excessive property
damage through the inability of the City fire department to reach upper stories or roofs and to help maintain
the character of neighborhoods.
C. Setbacks —Yards.
1. Setbacks are required to insure sufficient open area for snow accumulation, sunlight, views, privacy,
fire separation and visual relief between structures.
2. No yard or other open space provided about any building for the purpose of complying with the
provisions of this chapter shall be considered as providing a yard or open space for any other building,
and no yard or open space on one lot shall be considered as providing a yard or open space on any
other lot.
3. No yard or lot shall be reduced in size or area below the minimum requirements set forth herein. Yards
or lots created after December 5, 1978 shall meet at least the minimum requirements established by
this chapter.
4. In cases of corner lots with multiple frontages, the administrative official shall designate the front yard,
and all other frontages shall be designated as a side to a street.
5. All structures shall be designed and constructed to prevent roofs from shedding snow onto adjacent
lots, structures, fences, or other property.
(Ord. 99-10, § 3; Ord. No. 2018-004, § 1)
TABLE
Zoning District Designations
The following zoning district abbreviations are provided for information and interpretation:
RR =
Rural, very low density single-family residential
R1 =
Single-family, low density residential
R2 =
Single and two-family, medium density residential
R3 =
Single, two and multi -family, high density residential
UR =
Urban residential, a mix of residential uses and low impact home professional offices
OR =
Office residential
AC =
Auto and neighborhood oriented, light commercial
HC =
Harbor commercial
CB =
Central business district - dense downtown commercial
I =
Industrial
RM =
Resource management - partially developable lands subject to floodplains and steep slopes
INS =
Institutional, public, quasi -public uses
P =
Parks
(Supp. No. 28-1)
Created: 2024-08-06 13:39:31 [EST]
Page 1 of 4
42
Table 15.10.222. Development Requirements
Zoning Districts
Principa
ly Residential
Principa ly Commercial
Principa
ly Public
RR
R1
R2
R3
UR
OR
AC
HC
CB
I
RM
INS
P
Maximum Building Height (ft.) (See
Note 1, next page)
34
34
34
34
34
34
34
Varies
26 or
34*
34
34
34
34
34
Minimum Buildable Lot Size (sq. ft.)
(See Notes 2 and 7, next page)
20,000
Varies
3,000
to
6,000*
Varies
3,000
to
6,000*
Varies
3,000
to
9,000*
Varies
3,000
to
9,000*
Varies
3,000
to
9,000*
Varies
6,000
to
9,000*
None
Varies
3,000
to
9,000*
10,000
20,000
None
None
Minimum Lot Width (ft.) (See Notes
3 and 7, next page)
100
Varies
30 to
60*
Varies
30 to
60*
Varies
30 to
90*
Varies
30 to
90*
Varies
30 to
90*
60 or
90*
30
Varies
30 to
90*
100
100
None
None
Minimum Front Yard Setback (ft.)
(See Note 7, next page) except
Leirer and Tract C-1 below
20
20
20
20
20
20
10
None
None
20
20
20
20
Minimum Front Yard Setback (ft.)
for Leirer Industrial Subdivision and
Alaska Skill Center Tract C-1 only.
(See Note 7, next page)
20
20
20
20
20
20
10
None
None
10
20
20
20
Minimum Side Yard Setback (ft.)
(See Notes 4 and 7, next page)
10
5 or 5
min.
with
15
total*
5 or 5
min.
with
15
total*
10
5
5
5
5
None
10
10
10
20
Minimum Side Yard Setback
Adjacent to Street (ft.) (See Note 7,
next page)
10
10
10
10
10
10
10
None
None
20
10
10
20
Minimum Rear Yard Setback (ft.)
(See Notes 5 and 7, next page)
10
10
10
10
10
10
10
None,
5 and
10*
None
10
10
15
20
Maximum Accessory Building Height
(ft.)
20
20
20
20
20
20
20
20
34
34
20
34
20
(Supp. No. 28-1)
Page 2 of 4
Created: 2024-08-06 13:39:31 [EST]
43
Maximum Lot Coverage (%) (See
30
35
35
40
40
50
50
100*
100
100*
30
50
10
Notes 2G and 6, next page)
(Supp. No. 28-1)
Page 3 of 4
Created: 2024-08-06 13:39:31 [EST]
44
Table 15.10.222. Development Requirements —Table Notes
NOTE 1. Within the HC District, in the area bounded by Fourth Avenue, the southern boundary of the South Harboi
Uplands - Tract H, Waterfront Park Replat, the harbor basin and J Float Ramp, building height is limited to 26 feet.
NOTE 2.
A. Buildable/useable area —Lot may have to be larger to have minimum buildable area available.
B. In the R1, R2, R3, UR, OR , AC and CB Districts, from the Seward Highway/Phoenix Road intersection
South, to include the Bayview Subdivision, a minimum of 3,000 SF lots and 30 foot minimum frontages
and north of the Seward Highway/Phoenix Road intersection, a minimum of 6,000 SF lots and 60 foot
minimum frontages
C. Lots located on a cul-de-sac bulb shall have a minimum of 8,000 square feet and a 40-foot minimum lot
frontage.
D. Flag lots shall have a minimum of 15,000 square feet and a 30-foot minimum lot frontage on the staff
portion of the lot.
E. A single RR lot may be divided into two lots of less than 20,000 SF each if the reduction below 20,000
SF is to accommodate required widening of an adjacent right-of-way.
F. In the R1, R2, R3, UR, OR , AC and CB Districts, individual lots of at least 3,000 SF in the Original
Townsite, Federal Addition, Laubner Addition, Cliff Addition and Bayview Addition may be developed
for single-family residences provided all other development requirements of this chapter are met.
G. Multiple -Family developments (except studio apartments) with three or more units require a minimum
of 9,000 SF in the R3, UR, OR, AC and CB Districts and 20,000 SF in the RM District. All said districts
require an additional 1,200 SF per unit of five or more units.
H. Two -Family or duplex developments require a minimum of 6,000 SF in the R2, R3, UR, OR, AC and CB
Districts and 20,000 SF in the RM District. Duplex developments within the Federal Addition Subdivision
require 5,000 SF. All other development requirements of this chapter shall be met.
I. Multiple -Family, studio apartments in the OR, AC, CB, HC, I and RM districts require a minimum of
9,000 SF. The total square footage required for lot setbacks shall be reserved as open area. All other
requirements set forth in this chapter shall be met.
NOTE 3. See Notes 2-F and 2-G above.
NOTE 4. From Seward Highway/Phoenix Road intersection —South, a five-foot setback, each side; north, a
minimum five-foot setback each side as part of a combined 15-foot setback total between both sides.
NOTE 5. In the HC District, parcels abutting mean high tide —No rear yard setback; parcels abutting the waterfront
boardwalk —Five feet; and parcels not abutting the waterfront boardwalk or mean high water mark —Ten feet.
NOTE 6. Excludes setbacks in HC and I.
NOTE 7. In the Industrial District, no minimum lot size, width or setbacks are required for unmanned electronic
sites.
NOTE 8. Tract D of USS 1864 Jesse Lee Home Subdivision shall not be used for any uses other than those allowed in
an R1 district, except for a long term care facility, aka skilled nursing care facility.
(Ord. 2007-009, § 1; Ord. 2008-006, § 1; Ord. No. 2012-002, § 1; Ord. No. 2016-009, § 1; Ord. No. 2017-002, § 1;
Ord. No. 2018-004, § 1; Ord. No. 2023-019, § 1, 7-10-2023)
(Supp. No. 28-1)
Created: 2024-08-06 13:39:31 [EST]
Page 4 of 4
45
Building Height Restrictions in Other Communities:
Juneau
Zoning districts
Height Allowance
Description
Rural Reserve (RR)
45'
Rural Reserve: public
ownership,
conservation, future
community growth,
etc
Residential (D's)
35'
Range of residential
from more low to
high density
Mixed Use (MU2)
45' (with payment of
5 bonus points*)
Mixed use with
higher emphasis on
residential
development
Mixed Use (MU3)
35'
Mixed use with
greater emphasis on
the integration of
small-scall
commercial uses
within high -density
residential structures
Commercial (NC)
35
Neighborhood
commercial
C
Commercial (LC)
45'
Light commercial
Commercial (GC)
55'
General commercial
Industrial
None
Waterfront -
Commercial
35'
Waterfront -
Industrial
45'
*Bonus Points: Juneau has a 'bonus policy' which awards developers a certain amount of bonus
points for specific types of development. Then, those bonus points can be used to be granted the
allowance to build a taller structure.
46
Cordova
Zoning districts
Height Allowance
Description
Conservation (C)
35'
Parks and Open Space
20'
Unrestricted (UR)
35'
Residential (low
density)
35'
Residential (medium
density)
45'
Residential (high
density)
None
Subject to approval by
planning commission to
determine that there are
no significant scenic
obstructions
Business
50'
Industrial
None
Waterfront Industrial
50'
Waterfront Historic
75' (principal) 50'
accessory
Public Lands and
Institutions
None
Waterfront Commercial
Park
30' (principal) 20'
accessory
Accessory Buildings
20'
Agriculture buildings
50'
Homer
Zoning districts
Height Allowance
Description
Residential (low -high
density)
35'
Medical District
35'
Business
35'
Town Center
35'*
height may exceed 35'
with the approval of a
CUP
General Commercial 1
35'
General Commercial 2
35'*
buildings up to 55' may
be approved with a
CUP
Mixed use
35'*
buildings solely for
commercial purposes
may be built up to 75'
with an approved CUP
Marine Commercial
35'
47
Kenai
Zoning districts
Height Allowance
Description
All Districts
35'
Seldovia
Zoning districts
Height Allowance
Description
Residential
28'
Industrial
35'
Commercial
28'
Valdez
Zoning districts
Height Allowance
Description
Residential (low
density)
35'
Residential (high
density)
40'
Mixed use
40'
Business /
Commercial
40'
Waterfront Industrial
40'
Light Industrial
40'
Heavy Industrial
None
Airport
None
Public Lands
40'
Whittier
Zoning districts
Height Allowance
Description
Residential
40'
Commercial
40'
Industrial
60'
Boat Harbor
40'
48
Parking
15.10.215 Parking.
A. Except in the CB and the HC districts, there shall be provided permanently maintained off-street parking for
each principal business. It shall be the responsibility of the business owner to provide and maintain said off-
street parking in accordance with this chapter continuously during the life of the business.
B. For each principal building or use within a principal building, there shall be no less than the number of off-
street vehicle parking spaces specified under this section:
Land Use
Minimum Number of Parking Spaces
Dwellings and Lodges
Single-family and 2-family dwellings and parish houses
2 parking spaces per dwelling unit
Multiple -family dwellings and other places containing
multiple dwelling units
2 parking spaces per dwelling unit plus 1/2 space for
every unit larger than 2-bedrooms or greater than
1,000 square feet in size
Hotels and motels
1 space per guest unit
Lodging, rooming and boardinghouses
1 space per guest room plus spaces for the principal
dwelling unit
Dwelling, apartment efficiency
1 off-street parking space in addition to those
required of the principal dwelling
Dwelling, studio apartment
1 space per dwelling unit
Institutions and Public Uses
Churches, auditoriums, sports arenas, funeral chapels,
theaters and other places of public assembly
1 space for each 4 seats maximum capacity
Multi -family dwelling, institutional
1 space per unit
Hospitals, group care homes, long term care facilities
and other healthcare facilities
1 space per 2 beds at maximum capacity plus 1 space
for each employee on duty
Dormitories/Bunkhouses
1 space per 4 residents at maximum capacity
Public libraries, museums and art galleries; post
offices; community/senior centers
1 space per 1,000 square feet of gross floor area
Primary and secondary public and private schools
1 parking space for every 4 seats in the main
auditorium or assembly room, or 3 parking spaces for
every classroom plus 1 parking space for each staff
member or employee, whichever is greater
Post -secondary, vocational and music schools; dance
studios and colleges
parking space for each instructor and %z space for
each student, based upon maximum student capacity
at one time
Day care, nurseries and kindergartens
1/2 space for each staff member and employee plus 1
space for each 1,000 square feet of gross floor area
Offices
Office buildings (public and private), professional
center, financial institutions and other similar uses
1 parking space for each 500 square feet of gross
office floor area, but not less than 2 spaces
Office (medical or dental)
Two spaces per treatment room and one for each
doctor, dentist, hygienist or other professional
practitioner on site.
Entertainment and Services
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Skating rink, youth hall, fraternal and civic club,
assembly hall and other similar uses without fixed
seats
1 parking space for each 100 square feet of gross floor
area
Eating and drinking establishment
1 parking space per 200 square feet of gross floor
area, or one for each 4 seats, whichever is greater
Bowling alley
4 parking spaces for each alley plus 1 for each
employee on duty
Commercial
Food store, shopping center and mall
1 parking space for each 300 square feet of gross floor
area but not less than 6 spaces
Barber, beauty and other personal services shop
1 parking space per 100 square feet of gross floor area
Retail store or service business
1 parking space for each 300 square feet of gross floor
area
Service or repair shop; retail store handling exclusively
bulky merchandise such as machinery, furniture,
wholesale stores, appliances, carpet, showrooms, etc.
1 parking space for each 400 square feet of gross floor
area
Motor vehicle sales and service establishment
1 parking space for each 400 square feet of gross sales
floor area plus 4 spaces for each auto service stall
Laundry and dry cleaning establishment
1 parking space for each 500 square feet of gross floor
area, or 1 parking space for each 4 coin -operated
washing machines, dryers or dry cleaning machines,
whichever is greater
Gasoline service station
1 parking space for each 2 gas pumps plus 2 spaces for
each grease rack, wash rack and stall for servicing
vehicles
Industrial
Industrial, processing, manufacturing and assembling
1 parking space for each 500 square feet of gross floor
area except that office space shall provide parking
space as required for offices
Warehousing, storage and wholesale business
1 parking space for each 1500 square feet of gross
floor area, but not less than 3 spaces
Marine Related Uses
Harbor or marina
1 parking space for every 2 established boat stalls or
equivalent berths based on an average boat length of
40 feet and, if a launch ramp is included, a minimum
of 20% of the spaces will be long enough to
accommodate vehicles with boat trailers
Day cruise, charter boat operators licensed for 20 or
more people
1 parking space per 4 people maximum capacity
C. Unlisted uses. The requirements for off-street parking facilities for uses not specifically mentioned in this
section shall be the same as the above -mentioned use which, in the opinion of the administrative official, is
most similar to the use not specifically mentioned.
D. Minimum dimensions of off-street spaces and aisles. The minimum dimensions of spaces and aisles shall be
as follows:
1. Parking spaces shall be at least 9 feet wide and 18 feet long.
2. The minimum width of traffic aisles providing access to parking lot spaces shall be:
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Angle of Parking
(degrees)
One -Way
(feet)
Two -Way
(feet)
Parallel
12
20
30
14
21
45
16
22
60
18
23
90
20
24
E. Location. Subject to (1) and (2) of this subsection, all required parking shall be located on the lot occupied by
the principal use served, or on a lot abutting the lot occupied by the principal use.
1. Required parking may be provided on a lot that is not occupied or abutting the principal use, provided
that (i) there is a pedestrian route not longer than 600 feet to the lot occupied by the principal use, or
(ii) access is provided by a scheduled shuttle service or a valet parking attendant.
2. Required parking may be located on a lot not occupied by the principal use served only if (i) parking is a
permitted or conditional use in the zoning district for the lot, and (ii) the lot is made subject to a
recorded agreement among its owner, the owner of the lot occupied by the principal use and the City
that the required parking will be maintained for the benefit of the principal use served for the life of
that use.
F. Site plan. A site plan showing all parking areas shall accompany all applications for building permits. Said plan
shall show dimensions of spaces, curb cuts and other information necessary to determine compliance with
the provisions of this section. The administrative official shall approve or reject the site plan on the basis of
compliance with the requirements of this section. No building permit shall be issued until the parking site
plan is approved.
G. Street access. All off-street vehicle parking facilities shall be designed with appropriate means of access to
street, alley or other right-of-way, and will have adequate maneuvering area. No driveway or curb cuts in any
district shall be less than 12 feet or more than 35 feet in width. Detailed plans for all curb cuts shall be
submitted to the administrative official for approval before a building permit is issued.
H. Parking lots. Every lot or parcel of land used as a public or private parking area shall be developed as follows,
subject to the approval of the plans by the administrative official:
1. Lighting of all parking areas shall be arranged to reflect away from adjacent residential areas and all
public streets and highways;
2. All parking spaces and lots shall be durably surfaced, free of mud and standing water, and be dust free;
3. Where such area adjoins the side of a lot in any residential district, it shall be separated from such lot
by a fence or hedge not less than 4 feet or more than 6 feet in height. Such fence or hedge shall be
maintained in good condition and shall not extend beyond front yard lines required in such residential
district;
4. All parking (except that serving single-family and duplex residences) shall be so arranged that ingress
and egress are possible without backing over a sidewalk, sidewalk area, or onto a street of collector or
larger designation; and
5. Turning and maneuvering space (except that which services single-family and duplex residences) shall
be located entirely on private property, provided that the usable portion of an alley may be credited as
aisle space subject to safety approval by the City engineer.
Dual use of lots. Two or more buildings or uses may collectively provide the required off-street parking, in
which case the required number of parking spaces shall not be less than the sum of the requirements for the
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several individual uses computed separately. In the instance of dual function of off-street parking where
operating hours of uses do not overlap, the planning and zoning commission may, by conditional use permit,
reduce the required parking to any amount that meets the requirements of each use.
J. Computation of numbers of spaces. In figuring the total parking requirements for a use, any fraction of % or
more shall require one more space.
K. Reduction of spaces. No existing parking area and no parking area provided for the purpose of complying
with the provisions of this section shall, after adoption of the ordinance codified in this chapter, be
relinquished or reduced in any manner below the requirements of this section.
L. Uses of parking areas. Required parking areas and spaces shall not be used for sales display, storage, repair
work or any other purposes other than parking. All vehicles in custody of an operator of a business for
service, repair, storage, sale, or other purpose shall be stored on the premises or on a separate vehicle
parking lot and shall not be parked on a public right-of-way.
M. Location on property. Parking spaces shall be permitted in any required yard area provided that within the
residential districts no parking space shall be permitted within five feet of any side property line.
N. Intersection with public street. At the intersection of any private drive or entrance or exit for a common
parking area with a public street, no fence, wall, hedge, or other planting or structure forming a material
impediment to visibility between a height of 21/2 feet and eight feet shall be erected, planted, placed or
maintained, and no vehicle so impeding visibility shall be parked within triangular area defined by lines
connecting points as follows:
Beginning at the point where the midline of the private drive or entrance or exit for a common parking
area intersects the public right-of-way to a point 35 feet along the right-of-way line in the direction of
the nearer lane of approaching traffic, thence to a point 25 feet toward the interior of the property
along the previously described midline, and thence to point of beginning.
0. Accessible parking requirements. All parking shall comply with the Americans with Disabilities Act.
P. Group use of lots. Where more than one tenant or use is included within any one building or on any one lot,
the parking requirements shall be the sum total of the parking requirements for all of the various tenants or
uses provided, however, that:
1. The aggregation of tenants or uses shall meet all the requirements within the definition of "shopping
center" in order to become entitled to utilize the parking ratio specified in section 15.10.215(B).
2. Where a hotel or motel has other principal uses such as restaurants, bar and meeting rooms located on
its premises, the principal use requiring the greatest amount of parking shall provide 100 percent of
the required parking spaces and the other uses shall provide, in addition, at least 70 percent of the
parking spaces which would be required if these were stand-alone uses.
3. Where a convenience store includes a self-service gas station, the required parking shall be determined
by the parking ratio specified in section 15.10.215(b). No additional parking spaces will be required for
gasoline service station.
(Ord. 626, § 3, 1989; Ord. 93-06; Ord. 94-17; Ord. 96-02; Ord. 96-13; Ord. 98-06; Ord. 98-09, § 2; Ord. No. 99-13, §
1, 1999; Ord. 99-16, § 4, 1999; Ord. No. 2006-007, § 1, 9-7-2006; Ord. No. 2013-001, § 1, 1-28-2013; Ord. No. 2018-
004, § 1)
(Supp. No. 28-1)
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