Chapter 18.11 NAKNEK RIVER SUBDIVISION DEVELOPMENT

The purpose of these covenants, conditions and restrictions is to ensure the Naknek River Subdivision (hereinafter referred to as the "property") is developed in such a manner as to provide the residents an attractive area to live by preventing nuisances, to prevent the impairment of the attractiveness of the property, and thereby to secure to each owner the full benefit and enjoyment of his property. Anything tending to detract from the attractiveness and value of the property will not be permitted. (Ord. 83-8 §1(1), 1983).

18.11.020 Land use restrictions generally--Junk automobile defined.

No lot shall be used except for the purposes designated in the land use categories, unless the use is of a more restrictive category. No lot shall be used as a dumping or storage area for rubbish, trash, garbage, or junk automobiles or other refuse. A "junk automobile" is defined as a vehicle without wheels and other necessary parts necessary for the operation of the vehicle and has sat dormant for twenty-four months. (Ord. 2009-07 (part), 2009: Ord. 2007-04 (part), 2007: Ord. 83-8 §1(2), 1983).

18.11.040 Land use categories.

There will be four land use categories that will apply to the Naknek River Subdivision:

A. Single-Family Residential. All lots, with exception of the lots designated as multifamily, local and neighborhood businesses and public buildings or grounds;

B. Local and Neighborhood Businesses. Local and neighborhood businesses will include the following lots:

Block 1, Lots 1, 2, 3 and 4,

Block 2, Lot 1,

Block 6, Lot 1,

Block 9, Lot 13,

Block 11, Lot 22;

C. Multifamily Residential. Multifamily residential will include the following lots:

Block 2, Lots 2, 3, 4 and 5,

Block 6, Lot 2,

Block 9, Lot 12,

Block 10, Lot 2,

Block 11, Lot 21.

D. Public Buildings or Grounds. Public buildings or grounds will include the following lots:

Block 11, Tract 0, Lot 1. (Ord. 2009-07 (part), 2009: Ord. 2008-04, 2008; Ord. 83-8 §1(10) (a)--(c), 1983).

18.11.050 Conformity with Coastal Zone Management Plan and other laws.

In addition to the covenants and restrictions in this chapter, land uses in the subdivision must comply with the Coastal Zone Management Plan and other laws and requirements of the Bristol Bay Borough and the state of Alaska. (Ord. 83-8 §1(14), 1983).

18.11.060 Building location.

No building shall be constructed on any lot closer than twenty feet from any public right-of-way adjacent to any lot line. No structures shall be located nearer than twenty feet to the rear lot line nor twenty feet from any side lot line. For the purpose of this covenant, eaves, steps and open porches shall be considered as part of a building. (Ord. 83-8 §1(3), 1983).

18.11.070 Sewage disposal and wells.

Any septic systems and wells shall be installed in accordance with the state and borough regulations which may be in effect at the time of such installation. No well shall be located less than one hundred feet from any or adjacent sewage disposal system. (Ord. 83-8 §1(4), 1983).

18.11.080 Improvements.

Improvements on each lot shall be limited to the land use category. In addition to a categorical structure, there may be constructed additional outbuildings, such as private workshops, greenhouses and storage buildings, etc. The lot line requirements of these covenants shall control the location of any outbuildings constructed, and all such outbuildings shall be on permanent foundations except greenhouses, which must only be secured to the ground. There shall be no more than two connexes or container vans on any one lot. (Ord. 2007-04 (part), 2007: Ord. 83-8 §1(6), 1983).

18.11.090 Driveways.

Driveways within twenty feet of and adjoining a major thoroughfare must be improved with six inches of gradable material and compacted. The driveway must adjoin the major thoroughfare on a direct perpendicular. (Ord. 83-8 §1(9), 1983).

18.11.100 Temporary structures and mobile homes.

Temporary structures, such as mobile homes or construction sheds, may be only placed on a lot during the construction of a permanent dwelling. No quonset-type buildings will be allowed except upon approval of the borough. All buildings constructed or placed upon a lot within the subdivision shall be finished and painted on the exterior within twelve months after beginning the construction. Buildings shall be all constructed upon a permanent foundation. Tar paper, roofing paper, celotex or like material as exterior siding or finish will not be permitted except during the construction period. (Ord. 83-8 §1(5), 1983).

18.11.110 Ground cover.

All disturbed areas not devoted to buildings, structures, drives, walks, off-street parking facilities, or other authorized installations shall be covered with one or more of the following: concrete or asphaltic compound, gravel, lawn grass, shrubbery, trees, or other suitable ground-cover material. (Ord. 83-8 §1(11), 1983).

18.11.120 Animals.

Animals shall be maintained in a sanitary and inoffensive condition. No animals shall be kept, bred or maintained for any commercial purpose. (Ord. 2007-04 (part), 2007: Ord. 83-8 §1(8), 1983).

18.11.130 Resubdivision restrictions.

No lot within the subdivision shall be reduced in area by resubdivision. Resubdivision shall be permitted only for the purpose of joining two or more contiguous lots to create an enlarged single lot. (Ord. 83-8 §1(7), 1983).

18.11.140 Enforcement--Violation deemed misdemeanor.

Enforcement may be by proceeding at law or in equity by the borough, or any lot owner, against any person or persons violating or attempting to violate any covenant, either to restrain violation and/or to recover damages as well as the costs of suit. In addition, the violation of any covenant, condition or restriction shall be a misdemeanor. (Ord. 83-8 §1(13), 1983).

ARTICLE II. SINGLE-FAMILY RESIDENTIAL

18.11.150 Intent.

This category is intended as urban and suburban single-family residential areas with low population densities. (Ord. 83-8 §1(10)(A)(1), 1983).

18.11.160 Principal uses and structures.

The permitted principal uses and structures in the single-family residential category include:

A. Single-family dwellings. (Ord. 83-8 §1(10)(A)(2), 1983).

18.11.170 Accessory uses and structures.

Permitted accessory uses and structures in the single-family residential category shall be as follows:

A. Home occupations;

B. Noncommercial greenhouses, gardens and garden sheds, and tool sheds and private barbecue pits, smokers, steambaths, etc.;

C. Private garages;

D. The outdoor harboring or keeping of dogs, animals and fowl, in a manner consistent with the requirements of the borough ordinances (paddocks, stables or similar structures or enclosures which are utilized for the keeping of animals other than dogs shall be at least twenty feet from any lot line);

E. Day nurseries and kindergartens for not more than ten children, as a home occupation;

F. The private storage in yards of commercial equipment, including commercial trucks, boats, noncommercial campers, or travel trailers, in a safe and orderly manner, and separated by at least twenty feet from any property line. (Ord. 83-9 §1(10)(A)(3), 1983).

18.11.180 Prohibited uses and structures.

In the single-family category, prohibited uses and structures include:

A. Any use or structure not in character of a single-family residential area;

B. Any use which causes, or may reasonably be expected to cause, excessive noise, vibration, odor, smoke, dust, or other particulate, toxic or noxious matter, humidity, heat or glare at or beyond any lot line of the lot on which it is located. "Excessive" is defined, for these purposes, as a degree exceeding that generated by uses permitted in the district in their customary manner of operation, or to a degree injurious to the public health, safety, welfare or convenience. (Ord. 83-8 §1(A)(4), 1983).

18.11.190 Lot coverage.

In the single-family category, maximum lot coverage, by all buildings, shall be thirty percent. (Ord. 83-8 §1(A)(5), 1983).

18.11.200 Maximum height in structures.

No portion of a principal building or structure or accessory building shall exceed thirty feet in height unless a conditional use permit is granted. (Ord. 95-11 §2, 1995: Ord. 83-8 §1(A)(6), 1983).

ARTICLE III. MULTIFAMILY RESIDENTIAL

18.11.210 Intent.

Multifamily residential is intended to include urban and suburban two-family and multifamily residential uses with medium population densities, and uses and structures required to serve governmental, educational, religious, noncommercial recreational, and other needs of such areas. The regulations and restrictions in the multifamily residential area are intended to protect, preserve and enhance the primarily residential character of the area. (Ord. 83-8 §1(B)(1), 1983).

18.11.220 Principal uses and structures.

Permitted principal uses shall be as follows:

A. Two-family dwellings;

B. Multifamily dwellings;

C. Public, private and parochial academic elementary schools;

D. High schools with primarily academic curriculums;

E. Parks, playgrounds, and playfields, municipal buildings and uses in keeping with the character and requirements of the multifamily area;

F. Public branch libraries;

G. Day nurseries and kindergartens;

H. Roominghouses. (Ord. 83-8 §1(B)(2), 1983).

18.11.230 Accessory uses and structures.

Permitted accessory uses and structures shall be as follows:

A. Home occupations;

B. Noncommercial greenhouses, garden sheds and tool sheds, and private barbecue pits;

C. Private garages;

D. The private storage in yards of noncommercial equipment, including noncommercial trucks, boats, campers or travel trailers, in a safe and orderly manner, and separated by at least five feet from any property line;

E. Townhouses and rowhouses built to a common wall at side lot lines;

F. Nursing homes, convalescent homes, and similar institutional uses;

G. Churches and synagogues, along with the customary accessory uses, including parsonages, day nurseries, kindergartens, and meeting rooms;

H. Utility substations;

I. Off-street parking spaces or structures;

J. Museums, historical and cultural exhibits, aquariums, and the like;

K. Private clubs and lodges;

L. Privately owned neighborhood community recreation centers in keeping with the character and requirements of the area. (Ord. 83-8 §1(B)(3), 1983).

18.11.240 Prohibited uses and structures.

The following uses and structures are prohibited in the multifamily areas:

A. Any use or structure not of a character of the area;

B. The storage or use of mobile homes;

C. Quonset huts;

D. Any use which causes, or may reasonably be expected to cause, excessive noise, vibration, odor, smoke, dust, or other particulate, toxic or noxious matter, humidity, heat or glare at or beyond any lot line of the lot on which it is located. "Excessive" is defined, for these purposes, as a degree exceeding that generated by uses permitted in the district in their customary manner of operation, or to a degree injurious-to the public health, safety, welfare or convenience. (Ord. 83-8 §1(B)(4), 1983).

ARTICLE IV. LOCAL AND NEIGHBORHOOD BUSINESSES

18.11.250 Intent.

The purpose of the business district is to encourage the establishment of areas for convenience business uses which tend to meet the daily needs of local and nearby neighborhoods. The district is intended to be small and compactly designed. (Ord. 83-8 §1(C)(1), 1983).

18.11.260 Principal uses and structures--Unlimited floor area.

Permitted principal uses and structures shall be as follows:

1. Grocery stores, delicatessens and food specialty shops;

2. Meat and seafood markets;

3. Retail bakeries;

4. Hardware stores;

5. Shoe repair shops;

6. Bookstores and stationery stores;

7. Drugstores;

8. Self-service laundry and self-service dry cleaning shops;

9. Beauty shops;

10. Barbershops;

11. Restaurants, tearooms, cafes, and other places serving food or beverages, conducted entirely within fully enclosed buildings, but specifically excluding any drive-in eating facilities;

12. Knit shops, yard shops, dry goods, dressmaking and notion stores;

13. Small appliance repair shops;

14. Photography studios, art studios;

15. Post offices;

16. On-premises drycleaning establishments using a perclorethylene process or similar nonflammable nonaqueous solvent; provided, however, that large commercial and industrial laundry and drycleaning plants are prohibited;

17. Laundry and drycleaning pickup stations;

18. Single-family and two-family dwellings;

19. Noncommercial parks, playgrounds, and government buildings in keeping with the character of the district;

20. Libraries;

21. Medical and dental offices;

22. Child care centers;

23. Gasoline service stations;

24. Off-street taxicab stands;

25. Drive-in banks with sufficient off-street area for maneuvering and waiting automobiles;

26. Utility substations;

27. Churches and synagogues, along with the customary accessory uses, including parsonages, day nurseries, kindergartens and meeting rooms;

28. Off-street parking spaces or structures;

29. Museums, historical and cultural exhibits, and the like;

30. Drive-in eating establishments;

31. Commercial recreation establishments, including bowling alleys, pool halls, amusement arcades, and the like;

32. Home improvement/repair businesses. (Ord. 2007-04 (part), 2007; Ord. 83-8 §1(C)(2), 1983).

18.11.270 Accessory uses and structures.

Accessory uses and structures customarily incidental to any permitted principal use shall be permitted. In the same structure as a permitted principal use, one dwelling unit may be occupied as an accessory use. (Ord. 83-8 §1(C)(3), 1983).

18.11.280 Prohibited uses and structures.

A. Any use or structure not in character of neighborhood business areas;

B. The storage or use of mobile homes or quonset huts;

C. Any use which causes, or may reasonably be expected to cause, excessive noise, vibration, odor, smoke, dust, or other particulate, toxic or noxious matter, humidity, heat or glare at or beyond any lot line of the lot on which it is located. "Excessive" is defined, for these purposes, as a degree exceeding that generated by uses permitted in the district in their customary manner of operation, or to a degree injurious to the public health, safety, welfare or convenience. (Ord. 83-8 §1(C)(4), 1983).

18.11.290 Lot coverage.

Maximum lot coverage, by all buildings, shall be fifty percent. (Ord. 83-8 §1(C)(5), 1983).

18.11.300 Maximum height of structures.

No portion of a principal structure shall exceed two stories, or thirty feet in height. (Ord. 83-8 §1(C)(6), 1983).

18.11.310 Signs.

Signs may be allowed only on buildings in connection with any permitted use. (Ord. 83-8 §1(C) (7), 1983).

18.11.320 Parking.

Adequate off-street parking shall be provided in connection with any permitted use. (Ord. 83-8 §1(C)(8), 1983).

18.11.330 Loading facilities.

Off-street loading facilities shall be provided. (Ord. 83-8 §1(C)(9), 1983).