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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. r44 470. 1990616 Deer 6161091 MOO No. 11 era 1597008 Date 21171097 Adopted by the Kenai Peninsula Borough as part of the Borough Comprehensive Plan on Nov. 5, 1985, (Ord. 85.77), amended May 3, 1988 (Ord. 88-ID). Adopted by the City of Seward (Ord. 626) on Nov 6, 1989, Effective San_ 2, 1990 01915401i6 Ansel No. 27 Ord Dab Meat 5472002 702403 Ns. Orel Mee el2012003 5 s292o1z z 1991SG1 a997016 112511991 T:2TR992 1� 16 1197-014 1997.010 562119T 049'199r 22 2066004 2715403 8212006 6'130025 al aLsmr 7p10.0p1 511Rb1.5 $921116 4 5 0 1991227 1994029 1991dY5 4996416 1996010 Ammkon 11 1996611 14 1997404 13.1992d06 7264993 62n1994 06,2997 7121994 4221996 7211995 10201098 11.42.1990 2f400097 2100997 17 18 19 20 21 22 03 9• 25 1927417 19964197 1999a11 2050002 2000-004 700PL06 2000910 2020-019 2001601 ]W1-005 671997 Bn21999 17171099 21142000 727700 6102000 667100 902001 9142001 1042001 20 31 37 64 31 36 B 37 36 39 2006010 200 011 700T003 271.004 2607-0W 2 06-000 2009009 9254208 101102006 192007 722200 11125 07 4762006 512200s 2009607 19T62n09 2002001 1 4122110 2011501 1 6114011 i44 19i Dab A6fe1 No. Ord De0 A5C No. Ord Deis Meet 99 54 55 30 57 se z0T2-015 2022-016 2023404 2071018 M4101 99120240oz 60 el 62 6T 64 es 2624-006 20N607 1426 22 192023 Y122023 Tn020?3 2122°21 2122024 4292024 6722024 4,29'N24 6 67 e6 09 Tu T1 72 73 T4 T9 26 17 70 79 60 81 62 a6 84 85 00 67 e6 au 90 91 0L 0.5 I 2 Miles I 7 ( 1 1 s 1 1 I 9.75 L5 3 Kilometers 471E046W3 41 2016.001 45 2012425. 46a)169m 4? 2019010 48.22200m dF➢809 50700.011 511R0L19 81=014 6212016_ 492018 9102610 10g3O9O 762019 2242926 47112020 9M21:00 111(m21 226'A22 Legend ❑ Cm/ Limits Rorer Residential Single Family Resden[al �T Fa miry Resident ai IN mat Family Resirtential Urban Residential 101 Office Residential 111 Harbor Commercial Auto Commercial Central Business 0slnct r Industrial A Institutional ✓ Park ▪ Re6arce Management ❑ HiSt9rie Olstria — Undeveloped Right-00We? 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. (Supp. No. Ma 84) Created: 2024-07-17 17:21:46 [EST] Page 1 of 4 19 ANCHORAGE CODE 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 (Supp. No. Ma 84) Created: 2024-07-17 17:21:46 [EST] Page 2 of 4 20 ANCHORAGE CODE 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 (Supp. No. Ma 84) Created: 2024-07-17 17:21:46 [EST] Page 3 of 4 21 ANCHORAGE CODE 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) (Supp. No. Ma 84) Created: 2024-07-17 17:21:46 [EST] Page 4 of 4 22 SOLDOTNA CODE 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. (Supp. No. 20, Update 1) Created: 2024-09-24 07:44:01 [EST] Page 1 of 2 23 SOLDOTNA CODE 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) (Supp. No. 20, Update 1) Created: 2024-09-24 07:44:01 [EST] Page 2 of 2 24 SOLDOTNA CODE 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 (Supp. No. 20, Update 1) Created: 2024-09-24 07:44:01 [EST] Page 1 of 2 25 SOLDOTNA CODE 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) (Supp. No. 20, Update 1) Created: 2024-09-24 07:44:01 [EST] Page 2 of 2 26 SOLDOTNA CODE 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 (Supp. No. 20, Update 1) Created: 2024-09-24 07:43:53 [EST] Page 1 of 3 27 SOLDOTNA CODE 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) (Supp. No. 20, Update 1) Created: 2024-09-24 07:43:53 [EST] Page 2 of 3 28 SOLDOTNA CODE 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) (Supp. No. 20, Update 1) Created: 2024-09-24 07:43:53 [EST] Page 3 of 3 29 FAIRBANKS CODE 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 (Supp. No. 34) Created: 2024-03-06 11:10:19 [EST] Page 1 of 4 30 FAIRBANKS CODE (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 (Supp. No. 28-1) Created: 2024-08-06 13:39:31 [EST] Page 1 of 4 50 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: (Supp. No. 28-1) Created: 2024-08-06 13:39:31 [EST] Page 2 of 4 51 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 (Supp. No. 28-1) Created: 2024-08-06 13:39:31 [EST] Page 3 of 4 52 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) Created: 2024-08-06 13:39:31 [EST] Page 4 of 4 53