Chapter 18.92
OVERLAY DESIGNATIONS

Sections:

18.92.010    Purpose.

18.92.020    Procedures.

18.92.030    DC – Downtown core designation.

18.92.040    HS – Historically significant designation.

18.92.050    MHS – Mobile home subdivision designation.

18.92.060    CF – Correctional facilities designation.

18.92.070    GWP – Groundwater damage protection.

18.92.080    ANSA – Airport noise sensitive area.

18.92.090    WS – Waterways setback designation.

18.92.100    WP – Waterways protection designation.

18.92.110    SLA – Special landscape area.

18.92.120    CT – Communications towers designation.

18.92.130    MN – Military noise.

18.92.010 Purpose.

An overlay designation is applied to a certain geographic area, already designated with one or more of the zoning districts as provided herein, to effectuate additional and unique regulations on land use development that are necessary for the public health, safety and welfare but are difficult or impossible to implement because of the standardized regulations of the underlying conventional zoning district or districts. The restrictions imposed by an overlay designation are in addition to, and not in lieu of, the restrictions placed by the underlying zoning district on the property subject to the overlay designation. (Ord. 88-010 § 2, 1988. 2004 Code § 18.48.010.)

18.92.020 Procedures.

A request for or an amendment to an overlay designation shall be initiated in accordance with the procedures applicable to requests for rezones. (Ord. 94-088 § 5, 1995; Ord. 92-006 § 3, 1992; Ord. 88-010 § 2, 1988. 2004 Code § 18.48.020.)

18.92.030 DC – Downtown core designation.

A. Purpose. This designation is intended to be used as a recognition of past building practices within a specific area of the Fairbanks central business district where such practices have now made it physically impossible to provide for off-street parking as is required by this title.

B. Regulations and Standards. Any new construction or any change in the use of, or addition to, an existing building in the downtown core designation shall not be required to provide for off-street parking as otherwise set forth by this title. (Ord. 2016-40 § 78, 2016; Ord. 88-010 § 2, 1988. 2004 Code § 18.48.030.)

18.92.040 HS – Historically significant designation.

A. Purpose. This designation is intended to be applied to those areas presently identified on federal, state or local registers of historic areas, places and monuments.

B. Regulations and Standards. This designation shall be applied only to areas that have been designated as historically significant in accordance with applicable federal, state or local law. (Ord. 88-010 § 2, 1988. 2004 Code § 18.48.040.)

18.92.050 MHS – Mobile home subdivision designation.

A. Purpose. This designation is intended to provide an alternative to conventional housing by permitting mobile home development on privately owned lots. Also, this designation is intended to be applied to a large area where a multilot mobile home subdivision can be established and is not intended to be applied on an individual lot-by-lot basis. (Ord. 88-010 § 2, 1988. 2004 Code § 18.48.050.)

18.92.060 CF – Correctional facilities designation.

A. Purpose. This designation is intended to provide for the location of correctional facilities.

B. Regulations and Standards. Neither a center or correctional facility shall be located within 1,000 feet of either a habitable dwelling or a school, excluding private trade, clerical skills, or other adult training centers. (Ord. 92-006 § 4, 1992. 2004 Code § 18.48.060.)

18.92.070 GWP – Groundwater damage protection.

A. Purpose. This designation is intended to prohibit construction of basements and structures below the natural elevation of the ground surface in order to minimize damage caused by elevated groundwater.

B. Regulations and Standards. Any new construction or any additions to existing basements and structures below natural elevation of the ground surface is prohibited, except as permitted in this subsection. The placement of foundations, footings or crawlspaces below the natural elevation of the ground surface is permitted, except that crawlspaces shall not be used for mechanical and electrical equipment or storage purposes of any kind below the surface of the natural elevation of the exterior ground surface. (Ord. 2005-21 § 2, 2005; Ord. 94-088 § 2, 1995. 2004 Code § 18.48.070.)

18.92.080 ANSA – Airport noise sensitive area.

A. Purpose. This designation is intended to provide information and notice to property owners, future property owners, developers, public officials and others that the designated properties may be affected by aircraft noise. This designation is intended to encourage airport compatible land uses in the area surrounding the Fairbanks International Airport.

B. Regulations and Standards. There are no regulations included or intended to be included with this overlay designation. Designated properties are defined within an area where estimated 24-hour average aircraft noise levels may reach or exceed 60 Ldn (day/night decibels). (Ord. 98-054 § 2, 1999. 2004 Code § 18.48.080.)

18.92.090 WS – Waterways setback designation.

A. Purpose. This designation is intended to protect the banks of rivers, sloughs and waterways in the developed areas of the borough and to restrict structural development in the Chena River floodway and flood hazard areas. The zone has been further designed to prohibit most structural development within the zone unless the structures are directly related to recreational waterfront purposes. This zone does not convey public use of private property.

B. Regulations and Standards. Permitted uses in this zone are: dock, deck or boat launch. Conditional uses are: boat houses, roads, bridges, trails, bike paths, bank stabilization and utilities. There shall be no minimum lot area except as may be required by the State of Alaska Department of Environmental Conservation in areas where community sewer and water are unavailable. Setback from ordinary high water mark (except for permitted structures) shall not be less than 25 feet. (Ord. 2000-08 § 2, 2000. 2004 Code § 18.48.090.)

18.92.100 WP – Waterways protection designation.

A. Purpose. This designation is intended to promote riparian habitat, prevent erosion, minimize natural hazards and promote waterway ambiance and aesthetics. Natural vegetation is to be preserved to the greatest extent possible. Preservation of wildlife and the restoration of disturbed areas to a more natural state is also intended. This zone does not convey public use of private property.

B. Regulations and Standards. Permitted use in this zone is preservation of natural vegetation. Conditional uses are clearing of natural vegetation, physical structures necessary to access property via the waterway such as boat docks, stairways, walkways, etc., roads or bridges, trails and bike paths, utilities, and riverbank stabilization. There shall be no minimum lot area except as may be required by the State of Alaska Department of Environmental Conservation in areas where community sewer and water is unavailable. (Ord. 2003-16 § 2, 2003; Ord. 2000-09 § 2, 2000. 2004 Code § 18.48.100.)

18.92.110 SLA – Special landscape area.

A. Purpose. This designation is intended to protect and enhance the borough’s economic and aesthetic resources thereby promoting the public health, safety and general welfare of the citizens and contributing to the quality of life by encouraging a high level of design and responsible development in the Fairbanks North Star Borough. The designation accomplishes this purpose by requiring buffering of residential areas from commercial uses, and setting minimum standards for street parking lot screening, perimeter parking lot screening, interior parking lot screening and trash and garbage area screening.

B. Regulations and Standards.

1. Scope and Applicability. The boundaries of this overlay zone shall be as described in a zoning map approved by the assembly. Property included in this overlay zone shall be subject to the regulations and standards imposed in this chapter. The overlay zone designation requirements shall apply to the construction of a new parking lot, expansion of an existing parking lot or a surface improvement to an existing parking lot.

2. Exemptions.

a. Individual residential lots with fewer than four dwelling units located on the lot.

b. Property of which the principal use is the sale of vehicles is not required to comply with the prescriptive method but must use one of the other methods.

c. Property located within the city of Fairbanks, as long as its landscaping ordinance is in effect.

3. Landscape Plan. Where a landscape plan is required by this designation, the plan shall include:

a. The common name of each plant used;

b. The number, height and diameter of each plant;

c. The locations where different plant types will be used;

d. The locations, size and type of vegetation to be preserved in their natural state;

e. Location of any retaining walls and fences;

f. Location of existing or proposed utilities and easements of record;

g. Location of all property lines including all streets which border the lot;

h. Location of any existing or proposed structures or parking areas;

i. North arrow and scale;

j. Site drainage and drainage patterns, unless shown on civil drawings.

4. Approved Plant Materials. The planning commission shall adopt a landscape manual, which shall include a list of approved plant and ground cover materials and general landscaping information. The manual may be revised as needed. The planning department shall publish the manual and make it available at the department of community planning and on the borough website.

C. Landscape Design Standards. The following areas of a lot shall be developed and maintained in accordance with the landscape standards set forth hereinafter using only approved plant and ground cover materials:

1. Street parking lot screening;

2. Perimeter parking lot screening;

3. Interior parking lot screening;

4. Trash and garbage areas; and

5. Buffer landscape (when required).

D. General Design Standards.

1. Plant material shall be true to name, variety and size and shall conform to all applicable provisions of the 2014 revised American Standards for Nursery Stock (ANSI Z60.1).

2. All plant material shall be healthy, of a suitable type for the site conditions being used in and hardy to the projects area.

3. All single-stem deciduous trees shall be a minimum of one inch diameter measured six inches from the ground level. For multi-stemmed trees each stem shall be one inch caliper.

4. Evergreen trees shall be a minimum of five feet in height unless specified elsewhere in this section.

5. Natural vegetation which is sufficient to meet the intent of the standards set out in this section may be retained in place of all or part of any required landscaping. Existing trees shall be credited toward the landscape requirements on a 1:1 basis.

6. Shrubs shall be a minimum of 18 inches at planting.

7. The planting of grass and annual flowers alone does not constitute landscaping in the context of this section.

8. Multiple residential dwelling units (apartments and condominiums) with fewer than 12 units shall provide landscaping consisting of one approved tree for each dwelling unit. If exterior off-street parking is provided, the trees shall be located and maintained to provide parking lot screening. If parking is provided within the building the required trees may be placed anywhere on site. Trash and garbage screening is required.

9. Storage, warehouse and industrial uses which occupy the major floor area of a building need only comply with the street parking lot screening requirements. Trash and garbage screening is required.

10. Sight triangle areas at street intersections shall be maintained as required by this title and as specified in the landscape manual.

11. All required landscape planting beds shall be protected from vehicular damage in accordance with the guidelines as set forth in the landscape manual.

12. New development which is constructed adjacent to a structure listed on the National Register or listed as a local historic site shall provide buffer landscape in addition to parking lot screening regardless of the location of parking spaces.

13. Each street or interior lot screening requirement shall be separately evaluated.

14. Trees and shrubs shall not be planted under or over primary power lines, gas lines, communication cables or within water and sewer utility easements unless pre-approved in writing by the utility owner. Trees and shrubs shall not be planted in a public road right-of-way unless an encroachment permit or letter of nonobjection has been issued by the controlling agency.

15. Trash and garbage areas including dumpsters shall be provided with approved screening on at least three sides. Screening shall be provided such that the trash and garbage areas cannot be viewed from adjacent streets.

16. Buffer landscaping shall be provided between a residential zoning district (rural estate through multiple-family residential/professional office) and any adjacent nonresidential zoning districts. Buffer landscaping may also be required pursuant to conditions set forth by a conditional use permit. When required, buffer landscaping shall be provided between lot lines and buildings in addition to parking lot screening requirements. It is not the intent of this section to require buffer landscaping between permitted uses within the same zoning district.

17. The maximum allowable slope for required planting beds shall not exceed 3:1. A steeper slope may be approved provided an approved retaining system is constructed. The retaining system must provide a slope no greater than 3:1 for the entire required width of the tree planting area (reference landscape manual).

E. Technical Design Standards. One of the following three design methods shall be used in order to comply with the landscaping requirements and standards imposed in this section:

1. Prescriptive Design Method. Street parking lot screening, perimeter parking lot screening, interior parking lot screening and trash area screening shall be provided with landscaping as follows:

a. Street parking lot screening may either be continuous, discontinuous or a combination of both. Street parking lot screening shall be provided contiguous with each common street frontage which abuts a lot. Screening shall be provided based on the planting of one deciduous tree or evergreen tree per each 25 lineal feet of street frontage or fraction thereof. In addition, one approved shrub shall be planted for each required tree. Trees and shrubs may be planted anywhere along the street frontage provided: (i) the total number of required trees and shrubs are planted; (ii) each required tree is provided with a minimum planting bed of 25 square feet with no dimension less than five feet; (iii) a planting bed consists of at least one tree; and (iv) the distance between planting beds and open street areas may not exceed 90 lineal feet.

b. Perimeter parking lot screening may be continuous or discontinuous as required by this section. Perimeter parking lot screening shall be provided on the basis of planting one deciduous tree or evergreen tree for each 35 lineal feet of interior lot frontage or fraction thereof. In addition, one approved shrub shall be planted for each required tree. Trees and shrubs may be planted anywhere along the interior lot line frontage provided: (i) the total number of required trees and shrubs are planted; (ii) each required tree is provided with a minimum planting bed of 25 square feet with no dimension less than five feet; (iii) a planting bed consists of at least one tree; and (iv) the distance between planting beds and open interior lot areas may not exceed 120 lineal feet.

c. Interior Parking Lot Screening. In addition to the street and perimeter parking lot screening requirements, as specified above, interior parking lot screening is required and shall apply to all parking lots with more than 75 parking spaces. The intent for interior parking lot landscaping is to break up the large interior expanse of the parking lot. Interior parking lot landscaping shall be provided with one planting bed area for every 25 parking spaces. The minimum planting area shall be not less than 80 square feet with no dimension less than eight feet. A minimum planting bed shall consist of two trees and one shrub. Planting beds may be consolidated; however, a minimum of two separate planting beds shall be provided. Interior parking lot landscaping may also be provided based on two percent of the total area of the parking lot. Planting beds, tree and shrub requirements and planting bed geometry shall be as specified above.

d. Buffer Landscape. When required shall provide year-round screening and shall consist of the following: A continuous planting bed shall be provided. The planting bed width shall be an average of 10 feet with a minimum width of not less than eight feet. Two rows of trees shall be provided and shall be planted at average intervals no greater than 10 feet on center. The trees shall have a minimum diameter at planting of one and one-half inches in diameter and shall be a minimum of eight feet in height. No more than 50 percent of the trees shall be deciduous. An approved manmade decorative fence may substitute for one row of trees and the planting bed may be reduced to a minimum width of eight feet.

e. Landscape plans which utilize the prescriptive design method shall be reviewed and approved by the planning department.

2. Professional Design Method. A landscape plan equivalent to the prescriptive design method and prepared and sealed by a licensed landscape architect registered in the state of Alaska or a professional with similar expertise in landscaping shall be considered as meeting the intent of the landscape ordinance. Landscape plans which utilize the professional design method shall be reviewed and approved by the planning department.

3. Alternative Compliance Method. Project conditions associated with individual sites may justify approval of alternative methods of compliance with the landscape design requirements. Conditions may arise where normal compliance is impractical or impossible or where maximum achievement of the borough’s objectives and goals can only be obtained through alternative compliance. Such landscape plans shall be reviewed and approved by the administrative hearing officer in a public hearing.

F. Plan Submittal and Inspection Requirements.

1. A preliminary landscape plan shall be submitted to the planning department in conjunction with the zoning permit application. A performance bond or suitable guaranty shall be posted until such time as the landscaping is completed and approved. The amount of the bond or guaranty shall be 125 percent of a cost estimate prepared by a licensed landscape architect registered in the state of Alaska or a professional with similar experience in landscaping for all approved landscape materials and installation.

2. A final and complete landscape plan shall be submitted to the planning department for final approval within one planting season after completion of construction. The planning department shall perform an inspection of the property following submission of the final and complete landscape plan and notify the applicant in writing whether the property complies with all required landscape standards, and if not, what deficiencies must be corrected. If the planning department determines that a property does not to comply with the final and complete landscape plan, the applicant may, within 10 working days of the determination, request an administrative hearing to review that determination.

G. Maintenance. It shall be the duty of the owner of the property to maintain all required landscaping. If required landscaping dies, becomes damaged or destroyed, relandscaping of those areas or landscaping elements shall be replanted in an approved manner.

H. Modifications. Modifications to a final and complete landscape plan approved by either the prescriptive design method or the professional design method may be approved by the planning department. Modifications to a final and complete landscape plan approved by alternative compliance method shall require an administrative hearing to approve proposed changes.

I. Appeals. An applicant, owner or developer may appeal a decision of the administrative hearing officer to the planning commission by filing a notice of appeal with the department of community planning within 15 days of the date of mailing of the decision. The appeal shall be heard de novo by the planning commission. The appeal shall be accompanied by a copy of the submitted landscape design. The commission’s decision may be appealed to the superior court in accordance with the rules of appellate procedure. (Ord. 2017-72 § 4, 2018; Ord. 2016-40 § 79, 2016; Ord. 2007-04 § 2, 2007. 2004 Code § 18.48.110.)

18.92.120 CT – Communications towers designation.

A. This designation is intended to regulate the establishment and placement of communications towers within the densest areas of the borough.

B. Regulations and Standards.

1. Scope and Applicability. The boundaries of this overlay zone shall be as described in a zoning map approved by the assembly. Construction of a communications tower or placement of a telecommunications antenna on an existing structure other than a tower or antenna previously permitted under this section shall be subject to the regulations and standards imposed herein.

2. Exemptions. The regulations and standards in this section do not apply to properties in the RA-40, RA-20, RA-10, LI or HI zoning districts.

3. Regulations and Standards. Communications towers on properties with the CT designation shall be considered conditional uses and comply with the requirements set forth in FNSBC 18.96.160, regardless of the underlying zoning district. (Ord. 2009-05 § 12, 2009. 2004 Code § 18.48.120.)

18.92.130 MN – Military noise.

A. Purpose. This designation is intended to provide information and notice to property owners, future property owners, developers, public officials and others that the designated properties may be affected by military aircraft and arms noise. This designation is intended to encourage land uses compatible with the military mission in the area within the composite noise contours surrounding Fort Wainwright and the 65 dB noise contours surrounding Eielson Air Force Base.

B. Regulations and Standards. There are no regulations included or intended to be included with this overlay designation.

C. Overlay Map. Parcels located wholly or partially within the composite noise contours surrounding Fort Wainwright or within the 65 dB noise contours surrounding Eielson Air Force Base shall be included in this overlay. (Ord. 2015-49 § 2, 2015. 2004 Code § 18.48.130.)