CHAPTER 17.25: TALKEETNA SPECIAL LAND USE DISTRICT

Section

Article I. General Provisions

17.25.005    Definitions

17.25.010    Established

17.25.020    Purpose

17.25.030    Conformance required and regulation conflict

17.25.035    Districts established

17.25.040    Official map

17.25.045    Setbacks

17.25.047    Minor lot consolidation

17.25.048    Measuring square footage for application of permitted use policies

17.25.050    Main Street Talkeetna (MST) District

17.25.055    West Talkeetna Townsite (WTT) District

17.25.060    Spur Road North (SRN) District

17.25.065    Spur Road Central (SRC) Land Use District

17.25.070    Spur Road South (SRS) Land Use District

17.25.075    Christiansen Lake (CL) Land Use District

Article II. Conditional Use Permits

17.25.090    Intent of conditional use permit

17.25.100    Application and fee

17.25.110    Public hearing

17.25.120    Planning commission action

17.25.130    Conditional use general standards

Article III. Additional Provisions

17.25.140    Nonconforming uses or structures

17.25.150    Flood damage prevention and coastal management plan

17.25.160    Appeals

17.25.170    Amendment

17.25.180    Assembly public hearing

17.25.190    Variances

17.25.200    Violations and enforcement

ARTICLE I. GENERAL PROVISIONS

17.25.005 DEFINITIONS.

(A)    The definitions in this section apply to the words and phrases used in this chapter unless the context clearly indicates or requires a different meaning.

(1)    Words used in the present tense shall include the future;

(2)    Words in the singular number shall include the plural number, and the plural number shall include the singular;

(3)    The word “shall” is mandatory;

(4)    The word “lot” includes the word “parcel,” “plot,” and “tract”; and

(5)    The words “include,” “including,” and “includes” shall be interpreted as being followed by the phrase “but not limited to.”

(B)    For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

•    “Abandonment” is defined as discontinuance of the use or structure for a period of more than 12 consecutive months.

•    “Access” means a legal way or means of approach to provide physical ingress or egress to a property.

•    “Accessory uses” means a use or structure incidental and subordinate to the principal use or structure on a parcel of land, is on the same parcel as the principal use or structure, and is a use or structure commonly associated with the principal use or structure and integrally related to it.

•    “Actual construction” is defined as the substantial placement of construction materials and performance of labor for construction of facilities, which cannot be reasonably used except in a manner which does not conform to these regulations.

•    “Adult entertainment or business” means any adult store, cabaret or theater intended to provide sale of goods, movies or live performance, display or dance of any type, whose dominant theme is actual or simulated sexual activities, display or exhibition of specific anatomical areas, removal of articles of clothing, or total nudity offered for commercial purposes.

•    “Agriculture” means the production, keeping, or maintenance for sale, lease, or personal use of plants and animals useful to man, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats, exotic animals or any mutations or hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fruits of all kinds, including grapes, nuts and berries; vegetables, nursery, floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program.

•    “Antennae” means a rod, wire, or set of wires on a single base used in sending and receiving electromagnetic waves.

•    “Area, lot” means the total area enclosed by the property lines of a lot, including easements but excluding dedicated rights-of-way.

•    “Bed and breakfast (B&B)” means overnight accommodations and a morning meal in a dwelling unit provided to transients for compensation. The operator of the B&B must reside on the parcel and the maximum number of beds that can be rented out is six.

•    “Buffer” means a method of protection against negative impacts, which provides a physical separation or barrier.

•    “Building” means any structure, including mobile homes, intended for the shelter, housing, or enclosure of any person, animal, process, equipment, goods, use, materials, or services of any kind or nature.

•    “Building height” means the vertical distance from the average finished grade adjacent to the building to the highest point on the roof. Incidental building features including radio antennae, water towers, church spires, and mechanical equipment and any of its associated screening, may be excluded from the determination of “building height” pursuant to MSB 17.60.140.

•    “Campground” means a tract of land, managed as a unit, providing temporary (no longer than 30 days) overnight accommodations for tents and recreational vehicles.

•    “Clearing” means the removal of trees, brush, and other vegetation, not including the root mat.

•    “Commercial use” means any activity where goods or services are offered for sale or rent.

•    “Commission” means the Matanuska-Susitna Borough Planning Commission.

•    “Community civic use” use means any use by a public agency, municipality, or a nonprofit organization for purposes of education, community meetings, performing arts, library, or comparable civic activity.

•    “Conditional use” means a use of a structure or land, which may be allowed by the planning commission after a public hearing and review and subject to certain, prescribed or imposed conditions.

•    “Conditional use permit” means a written document, which may specify controls, restrictions and safeguards on the conditionally permitted activity to ensure compatibility with permitted uses.

•    “Correctional community residential center (CCRC)” means a community residential center, other than a correctional institution, for the short-term or temporary detention of prisoners in transition from a correctional institution, performing restitution, or undergoing rehabilitation or recovery from a legal infirmity. CCRC’s may not be used for detention of prisoners who pose a threat or danger to the public for violent or sexual misconduct without imprisonment or physical confinement under guard or twenty-four hour physical supervision. The determination of whether a prisoner poses a threat or danger to the public for violent or sexual misconduct without imprisonment or physical confinement under guard or twenty-four hour physical supervision shall be made by the commissioner of corrections for state prisoners and the United States Attorney General, or U.S. Director of Bureau of Prisons for federal prisoners.

•    “Department” means the Matanuska-Susitna Borough Planning and Land Use Department.

•    “Director” means the director of the planning and land use department.

•    “Dwelling” means a building designed or used as the living quarters for one or more families.

•    “Dwelling, multi-family” means a building designed for or occupied exclusively by three or more families and constituting three or more dwelling units.

•    “Dwelling, single-family” means a detached building, consisting of one dwelling unit, designed for or occupied by and providing housekeeping facilities for one family, including factory-built and pre-fabricated dwellings, but not mobile homes.

•    “Dwelling, two-family” means a building designed for or occupied by two families, and constituting two dwelling units.

•    “Dwelling unit” means a structure or portion thereof providing independent and complete cooking, living, sleeping, and toilet facilities for one family.

•    “Family” means one or more persons occupying a premises and living as a single housekeeping unit, as distinguished from a group occupying a group home, rooming house, club, fraternity house, or hotel.

•    “Floor area ratio (FAR)” means the gross floor area of all buildings on a lot divided by the lot area.

•    “Footprint” means the outermost exterior perimeter of a building at the foundation where it touches the ground plane.

•    “Grade, finished” means the lowest point of elevation of the finished surface of the ground, paving, or sidewalk between the building and a line five feet from the building or, when the property line is less than five feet from the building, between the building and the property line.

•    “Grade, natural” means the elevation of the ground surface in its natural state, before man-made alterations.

•    “Grubbing” means the removal of trees, brush, and other vegetation as well as the root mat.

•    “Historically significant building” means any building which has been declared historically significant, according to the criteria for the National Register of Historic Places, or its subsequent recognized authority.

•    “Home occupation” means an activity carried out in a dwelling unit or detached appurtenance; provided, that:

(a)    no more than three people, in addition to members of the family, who reside on the premises may engage in the occupation;

(b)    the use of the dwelling unit and detached appurtenance of the home occupation is clearly incidental and subordinate to its use for residential purposes;

(c)    there is no change in the outside appearance of the building or premises or other visible evidence of the conduct of the home occupation other than one sign, nonilluminated and mounted flat against the wall of the principal building;

(d)    traffic is not generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood;

(e)    equipment or process is not used in the home occupation which creates noise, vibration, glare, fumes, odors, or commercial electrical interference in violation of applicable government rules and regulations. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises; and

(f)    outdoor storage of materials or equipment is not required.

•    “Hotel or motel” means a building or buildings or part thereof used to accommodate the traveling public by supplying sleeping accommodations, usually on a daily or weekly basis, with or without meals, which may provide additional services such as restaurants, meeting rooms and recreational facilities.

•    “Industrial use, heavy” means the use of land, building or structures for the manufacturing, processing, fabricating or assembly of raw materials or goods, warehousing or bulk storage of goods and related accessory uses.

•    “Industrial use, light” means an industrial use which is wholly enclosed within the building except for parking and loading facilities, and outside storage accessory to the permitted uses and which in its operation does not ordinarily result in emission from the building of odors, fumes, noise, cinder, vibrations, heat, glare or electrical interference.

•    “Junk” means any secondhand and used machinery, scrap iron, copper, lead, zinc, aluminum, or other metals; it also includes wrecked automobiles, tools, implements, rags, used building materials, rubber and paper. The above-listed materials are not intended to be exclusive; “junk” may include any other materials, which cannot, without further alteration and reconditioning, be used for their original purposes.

•    “Junkyard/refuse area” means a location which is commercially used for the purpose of outdoor storage, handling, dismantling, wrecking, keeping or sale of used, discarded, wrecked or abandoned airplanes, appliances, vehicles, boats, building and building materials, machinery, equipment, or parts thereof, including but not limited to, scrap metals, wood, lumber, plastic, fiber or other tangible materials.

•    “Lot” means a parcel or land occupied or to be occupied by a use, building or unit group of buildings, and accessory buildings and uses, together with such yards, open spaces, lot widths, and lot area as are required by this title and having frontage on a public street.

•    “Lot, corner” means a lot situated at the junction of, and bordering on, two intersecting streets.

•    “Lot line, front, corner lot” means the shortest street line of a corner lot.

•    “Lot line, front, interior lot” means a line separating the lot from the street.

•    “Lot line, rear” means a line that is opposite and most distant from the front lot line, and in the case of irregular, triangular or gore shaped lot, a line not less than ten feet in length, within a lot, parallel to and at the maximum distance from the front lot line.

•    “Lot line, side” means any lot boundary line not a front lot line or a rear lot line.

•    “Mobile home” means a detached single-family dwelling designed for long-term human habitation and having complete living facilities; capable of being transported to a location of use on its own chassis and wheels; identified by a model number and serial number by its manufacturer, and designed primarily for placement on a non-permanent foundation. Travel trailers as defined herein are not mobile homes.

•    “Mobile home park” means any area, lot, or portion of a lot where space for two or more mobile homes or travel trailers is leased, rented or held for rent for occupancy.

•    “Native vegetation” means trees, shrubs and groundcovers that grow naturally within 100 miles of Talkeetna.

•    “Natural resource extraction” means any commercial use involving the extraction and removal to an off-site location of peat, topsoil, fill, minerals, sand, gravel, rock, or other natural material, whether before or after on-site processing.

•    “Official map” means the map adopted in MSB 17.25.040.

•    “Ornamental vegetation” means trees, shrubs and groundcovers that are not found naturally occurring within 100 miles of Talkeetna.

•    “Park” means an area consisting largely of open space, which may include a recreational area, playground, playfields, or similar use, but does not include a campground, mobile home park, or RV park.

•    “Parking space” means a space for the parking of a motor vehicle within a public or private parking area.

•    “Permitted use” means a use of land or a structure allowed within the district.

•    “Playground” means an area of landscaped open space equipped with children’s equipment such as slides and swings.

•    “Principal use” means the primary or predominant use of any lot, building, or structure.

•    “Race track” means a prepared route traveled by contestants to achieve goals of skill, duration, or speed, including practice for such events, also known as raceway or race course.

•    “Recreational vehicle (RV)” means a vehicle which provides sleeping and other facilities for short periods of time, while traveling or vacationing, designed to be towed behind a motor vehicle, or self-propelled, and includes such vehicles commonly known as travel trailers, camper trailers, pick-up coaches, motorized campers, motorized homes, or other similar vehicles.

•    “Recreational vehicle park” means a tract of land upon which two or more recreational vehicle spaces are located, established or maintained for temporary (no longer than 30 days) overnight accommodations for recreational vehicles.

•    “Right-of-way” means a strip of land reserved or dedicated, used or to be used for a street, alley, walkway, airport, or other circulation-related purpose.

•    “Setback” means the area of a lot adjacent to a lot line or right-of-way within which structures as herein defined may not be erected.

•    “Shrubs” means any vegetation that would reach a maximum height of 25 feet when mature.

•    “Sign” means a structure or device for advertising intended to direct attention to a business, which is placed upon or within a building, structure or parcel of land and which can be read from a public right-of-way, excluding:

(a)    signs not exceeding one square foot in area and bearing only property numbers, post office box numbers, name of occupants or premises, or other identification of premises not having commercial connotations;

(b)    flags and insignia of any governmental agency when not displayed in connection with commercial promotion;

(c)    regulatory, identification, informational, or directional signs erected or required by governmental bodies or reasonably necessary to regulate parking and traffic flow on private property where such signs have no commercial connotation;

(d)    integral decorative or architectural features of buildings; and

(e)    holiday or special event banners, not associated with a commercial promotion.

•    “Structure” means anything that is constructed or created and located on or under the ground, or attached to something fixed to the ground. For purposes of minimum setbacks and building separation requirements, the following are not considered structures unless specifically addressed by code: fences; retaining walls; parking areas; roads; driveways or walkways; window awning; a temporary building when used for 30 calendar days or less; utility poles and lines; guy wires; clothes lines; flagpoles; planters; incidental yard furnishings; water wells; monitoring wells or tubes; patios, decks or steps less than 18 inches above average grade.

•    “Tall structure” means a structure that is high or tall, relative to its surroundings. The term includes but is not limited to, flag poles, sculpture, buildings, elevators, storage or processing facilities, water tanks, derricks, cranes, signs, chimneys, area illumination poles, towers, supports for communication, and power transmission lines.

•    “Temporary structure” means a structure without any foundation or footings, used for no longer than 30 calendar days pursuant to a permit issued by the director, which is removed when the designated time period, activity or use for which the temporary structure was erected has ceased.

•    “Tower” means a type of tall structure not intended for occupancy and includes but is not limited to, antenna, monopoles, self supporting lattice, guyed structures, and alternative type structures for uses including, but not limited to, telecommunication as in receiving or transmission of television, microwave, cellular telephone, common carrier, personal communications service (PCS), or other radio wave signals. A tower may be free standing or attached to a structure.

•    “Tower farm” means a lot or contiguous group of lots used as a location for more than one tower.

•    “Tower line route” means the route traversed by two or more towers supporting common service as in electrical power, communications, or lighting.

•    “Tower service area grid” means the service area and locations of two or more towers providing common service as in a cellular telephone service area.

•    “Transfer station” means a place where garbage, refuse or domestic or industrial waste is collected for shipment or transport to another waste disposal site.

•    “Travel trailer” means a vehicular type portable structure without permanent foundation, which can be towed, or hauled, and primarily designed as temporary living accommodations for recreational, camping and travel use, identified by a model number, serial number, or vehicle registration number.

•    “Trees” means any vegetation that would reach a height over 25 feet when mature.

•    “Trimming” means the pruning or removal of tree limbs up to a height of 15 feet on existing trees or down to a height of four feet, on shrubs.

•    “Unencumbered building space” is the distance on the lot between the furthest extension of any front and rear setbacks, buffers or easements (see illustration).

•    “Use” means the purpose for which land, a building or structure is arranged, designated or intended, or for which either land or a building is or may be occupied or maintained.

•    “Utility facilities” means buildings, structures and facilities, including generating and switching stations, poles, lines, pipes, pumping stations, repeaters, antennas, transmitters and receivers, valves and all buildings and structures relating to the furnishing of utility services, such as electric, gas, telephone, water, sewer, radio stations, and public transit, but not including neighborhood utility facilities.

•    “Utility facilities, neighborhood” means utility facilities that are designed to serve the immediately surrounding neighborhood that must, for functional reasons, be located on a site in or near the neighborhood to be served by such facilities.

•    “Variance” means a grant of relief from one or more of the dimensional requirements of MSB Title 17 as provided for by state law and the borough code.

•    “Waste disposal site” means a place where garbage, refuse or domestic or industrial waste is dumped, destroyed, or stored in suitable containers.

(Ord. 13-119, § 2, 2013; Ord. 08-107, § 2, 2008; Ord. 03-051(AM), § 2 (part), 2003)

17.25.010 ESTABLISHED.

(A)    There is established a special land use district, which includes territory lying within the area commonly known as the Talkeetna community and further described in subsection (B) of this section.

(B)    This chapter applies to portions of the area covered by the 1998 Matanuska-Susitna Borough Talkeetna Comprehensive Plan, as amended. The boundaries of this special land use district are shown on the Official Talkeetna District Map, and are generally described as follows:

All property west of the centerline of railroad land and east of the Talkeetna and Susitna Rivers, which lies north of the intersection of the Spur Road and the railroad; and

All lots abutting Spur Road at the time of initial adoption of this plan, south of the intersection of the Spur Road and the railroad, ending at and including the southern most lot within the Talkeetna Comprehensive Plan boundaries (ending at the southern border of Township 25 North).

(C)    The specific boundaries of the Special Land Use District are as described on the official map.

(D)    If there is a conflict between general and specific boundaries, the specific boundaries control.

(Ord. 03-051(AM), § 2 (part), 2003)

17.25.020 PURPOSE.

(A)    The Talkeetna Special Land Use District (SPUD) is adopted to protect the public health, safety, and general welfare of the residents of Talkeetna and to implement some of the policies of the Talkeetna Comprehensive Plan. Talkeetna is a scenic, rural, small town community. The community has determined it is important to preserve the area’s scenic, historic, environmental, and residential qualities including air and water quality, rural atmosphere, and outdoor recreation opportunities. Specific goals for this special land use district, taken from the Comprehensive Plan, include those below:

(1)    Land use and community development:

(a)    maintain the community’s small town atmosphere, sense of community, and high quality of life;

(b)    protect and preserve the wilderness values and natural resources of the lands surrounding Talkeetna;

(c)    keep Talkeetna a pleasant place to live, work, and visit;

(d)    plan and provide for population growth, which can be adequately absorbed by the area without negative impacts on the sense of community, services, the environment, or the quality of life;

(e)    guide development in a manner which enhances Talkeetna’s natural appeal, taking steps to ensure that future growth and change will build a desirable human environment; and

(f)    maintain Talkeetna’s major recreation and ecologically sound tourism economy and avoid conflicting activities.

(2)    Historic resources:

(a)    respect, preserve, and enhance the historic essence of Talkeetna, which contributes to the identity and special sense of place, and forms an integral part of Talkeetna’s appeal.

(3)    Transportation:

(a)    guide the future development of roads, trails, or other access within the Talkeetna planning area with a sensitivity and respect for the natural topographic features and historic use patterns established up to this time; and

(b)    have Talkeetna continue to be an “end of the road” town (i.e., no bridges across the rivers).

(4)    Public facilities and services:

(a)    promote and protect the public health, safety, and general welfare of the residents of Talkeetna; and

(b)    protect the quality of groundwater and watershed resources affecting the Talkeetna area.

(B)    Growth and development is encouraged and fostered where a balance exists between private property rights, use of natural resources, public investment in community facilities and services, protection of the natural environment, and maintenance of the other special community characteristics outlined in subsection (A) of this section. (Ord. 03-051(AM), § 2 (part), 2003)

17.25.030 CONFORMANCE REQUIRED AND REGULATION CONFLICT.

(A)    No building, structure, land, or water area located within this special land use district shall hereafter be used or occupied, and no building, structure, or part thereof shall hereafter be erected except in conformity with the regulations specified in this chapter.

(B)    Whenever the regulations of this chapter are at variance with the requirements of any other lawfully adopted rule, the most restrictive or those imposing the higher standards shall apply.

(Ord. 03-051(AM), § 2 (part), 2003)

17.25.035 DISTRICTS ESTABLISHED.

(A)    Individual land use districts are established to separate and maintain the unique differences and address the needs of each area identified within the special land use district (SPUD).

(B)    For purposes of the SPUD, Talkeetna is divided into the following Land Use Districts:

(1)    Main Street Talkeetna (MST);

(2)    West Talkeetna Townsite (WTT);

(3)    Spur Road North (SRN);

(4)    Spur Road Central (SRC);

(5)    Spur Road South (SRS); and

(6)    Christiansen Lake (CL).

(Ord. 08-107, § 3, 2008; Ord. 03-051(AM), § 2 (part), 2003)

17.25.040 OFFICIAL MAP.

(A)    There is adopted the Official Talkeetna Special Land Use District Map date March 20, 2003, (effective date: May 1, 2003), drawn by the Matanuska-Susitna Borough, which shows the boundaries of all land use districts within the Talkeetna Special Land Use District of the Matanuska-Susitna Borough. This map shall be drawn on durable material from which prints can be made, shall be dated, and shall be kept by the clerk. This map is hereby adopted by reference and declared to be part of this chapter.

(B)    If in accordance with the provisions of this chapter, changes are made in land use district boundaries or other matters portrayed on the official map, such changes shall be made and certified by the director and shall be effective as of the effective date of the amending ordinance, or as otherwise provided in the amending ordinance. The territory affected by the amendment shall be shown on the map. A notation shall be placed on the map designating the date of the change, and ordinance approving the change. The department shall maintain a separate file for each map amendment containing the ordinance approving the change and relevant commission resolutions, staff reports, communications, maps, drawings, and other material.

(C)    The official map located in the clerk’s office shall be the final authority as to the current districting status of land and water areas, buildings, and other structures in the SPUD. Certified prints of the adopted official map and amendments thereto shall be maintained in the code compliance division of the department and shall be available for inspection by the public at all reasonable times.

(D)    Prior to making any change to the official map a copy of the map shall be made and preserved for historical purposes. The date the copy is made shall be written in hand upon the copy and signed by the director.

(E)    No changes shall be made to the official map or explanatory or other relevant materials except in conformity with the procedures set forth in this chapter. Any unauthorized change by any person is in violation of this section and punishable as provided in MSB 1.45.

(F)    The following rules for interpretation of land use district boundaries on the official map shall apply:

(1)    Unless otherwise indicated, the district boundary lines are centerlines of streets or blocks or such lines extended, lot lines, Talkeetna SPUD boundary, shorelines; stream centerlines, or the centerline of the main tracks of a railroad. Such lines drawn as to approximately follow these lines shall be construed to follow these lines.

(2)    Where district boundary lines approximately parallel a street or other right-of-way, such district boundaries shall be construed as being parallel thereto and at such distance there from as indicated on the official map. If no distance is given, such dimensions shall be determined by use of the scale and said official map.

(3)    Questions concerning the exact locations of district boundaries shall be determined by the director.

(4)    Where a district boundary line divides a lot, which was in single ownership on the effective date of the ordinance adopting the map or map amendment that established the boundary line that divides the lot, the commission may permit the extension of the regulations for either portion of the lot not to exceed 500 feet beyond the district line into the remaining portion of the lot.

(Ord. 03-051(AM), § 2 (part), 2003)

17.25.045 SETBACKS.

(A)    Unless otherwise specified, setbacks within each district will be 25 feet from any right-of-way, and ten feet from any side or rear lot line.

(B)    In the MST, WTT, and SRN districts, for corner lots the front setback will apply to the shortest lot line fronting on a right-of-way; for lots with double frontage (front and rear), the front setback will apply to the lot line fronting on the main right-of-way. The setback from all other rights-of-way, alleys, or public access easements is 15 feet. For setback purposes, all other lot lines will be considered a side lot line.

(C)    Eaves may project a maximum of three feet into required setback areas.

(D)    Setbacks for shorelands are 75 feet from the mean high water mark, and further described in MSB 17.55.020, Setbacks for shorelands.

(Ord. 03-051(AM), § 2 (part), 2003)

17.25.047 MINOR LOT CONSOLIDATION.

(A)    Pursuant to MSB 27.20.010, consolidation of lots in the Talkeetna Special Land Use District is eligible as follows:

(1)    Eligibility. The procedure set forth in this section may be used to consolidate four or fewer abutting lots of record into one, provided that at the time of application and until final plat approval, the following conditions are met:

(a)    all lots proposed for consolidation are under common ownership;

(b)    all lots proposed for consolidation are 25 feet or less in width where the lot fronts on Main Street;

(c)    local improvement district and other special assessments levied against the lots are paid in full;

(d)    all property taxes owing on the lots have been paid in full;

(e)    the lots are located in the same land use district; and

(f)    consolidation of the lots does not create a zoning or building violation.

(2)    Application. Application for a minor lot consolidation shall be submitted on a form provided by the department. The form shall be accompanied by:

(a)    the application fee;

(b)    written evidence that the parcels are in common ownership;

(c)    written evidence that all Borough assessments have been paid in full and all taxes owing have been paid; and

(d)    a plat showing the location of proposed lot lines and boundaries shall be prepared by a professional land surveyor licensed to practice in the state.

(3)    Procedure: If the director finds that the application is complete and the proposed consolidation is eligible pursuant to paragraph (1) of this section, the department shall prepare and provide to the applicant a notice of lot consolidation setting forth such finding and a legal description of the new lot. The notice shall provide for acceptance of the consolidation by notarized signature thereon by the owner or owners of the new lot, and upon such execution, the department shall cause the plat to be recorded.

(Ord. 03-051(AM), § 2 (part), 2003)

17.25.048 MEASURING SQUARE FOOTAGE FOR APPLICATION OF PERMITTED USE POLICIES.

(A)    For the purpose of determining the area occupied by a use, as required in complying with the provisions for permitted and conditional uses in the following section, the square footage of the building is defined as the gross, square footage of the entire building, as measured on the exterior of the building. This shall include unfinished, but potentially useable spaces, such as an unfinished attic or basement.

(Ord. 03-051(AM), § 2 (part), 2003)

17.25.050 MAIN STREET TALKEETNA (MST) DISTRICT.

(A)    There is established the Main Street Talkeetna Land Use District. The boundaries of this land use district are shown on the official map.

(B)    The purpose of this district is to:

(1)    maintain the qualities of the district that are key to its attractive, historic character. These qualities include compact development, small simple buildings, mixed commercial and residential uses, minimal on-site parking, and the slow traffic and concentration of uses that creates a good environment for pedestrians;

(2)    encourage the West Talkeetna Townsite area, including the MST, to continue to be the center of community life; maintain a mix of housing and commercial activities that serve residents and tourists; and

(3)    accommodate the unique aspects of historic downtown Talkeetna including small lots and the historic significance of the structures.

(C)    Permitted uses within this district are:

(1)    residential:

(a)    single-family dwellings;

(b)    two-family dwellings; and

(c)    multi-family dwellings of four or fewer units per acre.

(2)    retail, office, service or other commercial uses 4000 square feet or less;

(3)    hotels, motels, or other overnight accommodations of 15 or fewer units;

(4)    buildings for community civic uses of 4000 square feet or less;

(5)    neighborhood utility facilities;

(6)    parks or playgrounds; and

(7)    accessory uses and structures

(D)    Conditional uses within this district are:

(1)    multi-family dwellings of more than four units per acre;

(2)    retail, office, service or other commercial uses of more than 4000 square feet;

(3)    hotels, motels, or other overnight accommodations of more than 15 units;

(4)    buildings for community civic uses of more than 4000 square feet;

(5)    alcoholic beverage uses, in accordance with the requirements in MSB 17.70, Regulation of Alcoholic Beverage Uses;

(6)    any use that generates traffic in excess of 100 vehicles during the morning or afternoon peak hour, or more than 750 vehicles per day;

(7)    light industrial uses;

(8)    tall structures as regulated under MSB 17.60 and the requirements of this chapter as follows:

(a)    The definition of exempt minor fixtures specified in 17.60.140(B)(2) is changed for designated historic lands in this land use district to not include elevator shafts, cupolas, dish type antennas, and is limited to vent pipes, heating and air conditioning equipment and associated screening, and minor architectural features.

(b)    The exemption in 17.60.140(B)(7) for arterial street lighting towers is modified: any such towers over 50 feet would require a conditional use permit; and

(9)    Other uses that are compatible with the land use district, with character compatible to the uses listed in subsections (C) and (D), and that are of similar or lighter intensity of use in terms of their traffic, noise or other off-site impacts, as determined by the director.

(E)    Prohibited uses:

(1)    Prohibited uses within this district include, but are not limited to:

(a)    mobile home parks;

(b)    junkyards/refuse areas;

(c)    correctional community residential centers;

(d)    heavy industrial uses;

(e)    adult entertainment or adult businesses;

(f)    commercial vendors in public rights-of-way;

(g)    recreational vehicle parks and campgrounds; and

(h)    tower farms and tall structures over 100 feet in height, except as permitted under federal regulation.

(2)    Uses not permitted under subsection (C) or authorized under a conditional use permit issued by the commission under subsection (D) are prohibited.

(F)    Development standards in this land use district are as follows:

(1)    maximum building height - 28.5 feet;

(2)    maximum building footprint - 3000 square feet;

(3)    building mass;

(a)    minimum space between buildings on same lot - five feet; and

(b)    maximum floor area ratio (FAR) - .6.

(4)    minimum setbacks;

(a)    front - 10 feet;

(b)    side - 10 feet;

(c)    rear - 10 feet;

(d)    Corner lots or lots with double frontage shall have setbacks in accordance with 17.25.045 (B).

(5)    Parking. Two off-street parking spaces (measuring at least 9’ X 18’) for employees are required at the rear of businesses fronting on Main Street;

(6)    Lighting standards.

(a)    Exterior site lighting on individual lots will be located and shielded to direct the light towards the ground, in order to minimize light spillage onto adjacent properties and upward into the night sky.

(b)    Street light illumination and other fixtures mounted higher than 20 feet or 150 watts or more, shall have downward directional shielding.

(c)    Flashing lights are prohibited, with the exception of seasonal holiday lights used during the period directly associated with the holiday.

(7)    Sign standards.

(a)    Signs painted on or attached to buildings and not projecting more than three inches from the building shall not exceed 45 square feet.

(b)    Signs projecting from buildings more than three inches, whether mounted perpendicular or hanging from the building, shall not exceed 12 square feet, nor the maximum building height allowed in this district.

(c)    Free standing signs may not be internally illuminated and shall not exceed 25 square feet nor the maximum building height allowed in this district.

(d)    Reader board style signs and signs which are flashing, rotating, animated, or internally illuminated are prohibited.

(8)    Consistent with the Talkeetna Comprehensive Plan, there exist advisory design guidelines recommended by the Talkeetna Community Council, which all developers are encouraged to observe when developing land or modifying structures within this land use district, and which the commission may consider when acting on a conditional use application.

(G)    Minimum lot area. The minimum lot area for lots in this district is 7,200 square feet. Existing nonconforming lots may be developed subject to the regulations of this chapter.

(Ord. 03-051(AM), § 2 (part), 2003)

17.25.055 WEST TALKEETNA TOWNSITE (WTT) DISTRICT.

(A)    There is established the West Talkeetna Townsite Land Use District. The boundaries of this land use district are shown on the official map.

(B)    The purpose of this district is to:

(1)    maintain the qualities of the district that are key to its attractive, historic character; these qualities include compact development, with small simple buildings, mixed commercial and residential uses, minimal on-site parking, and the slow traffic and concentration of uses that creates a good environment for pedestrians;

(2)    encourage the West Talkeetna Townsite area to continue to be the center of community life; maintain a mix of housing and commercial activities that serve residents and tourists;

(3)    accommodate the unique aspects of the original Talkeetna Townsite and its historic significance, while allowing for more flexibility than the Main Street Land Use District and for slightly larger buildings;

(C)    Permitted uses within this district are:

(1)    Residential:

(a)    single-family dwellings;

(b)    two-family dwellings; and

(c)    multi-family dwellings of four or fewer units per acre.

(2)    retail, office, service, or other commercial uses 4000 square feet or less;

(3)    hotels, motels or other overnight accommodations of 15 or fewer units;

(4)    buildings for community civic uses of 4000 square feet or less;

(5)    neighborhood utility facilities;

(6)    parks or playgrounds; and

(7)    accessory uses and structures.

(D)    Conditional uses within this district are:

(1)    multi-family dwellings of more than four units per acre;

(2)    retail, office, service or other commercial uses of more than 4000 square feet;

(3)    hotels, motels, or other overnight accommodations of more than 15 units;

(4)    buildings for community civic uses of more than 4000 square feet;

(5)    alcoholic beverage uses, in accordance with the requirements in MSB 17.70, Regulation of Alcoholic Beverage Uses;

(6)    any use that generates traffic in excess of 100 vehicles during the morning or afternoon peak hour, or more than 750 vehicles per day;

(7)    light industrial uses;

(8)    tall structures as regulated under MSB 17.60 and the requirements of this chapter:

(a)    exemption: community public radio studio-to-transmitter link towers up to 75 feet are permitted uses;

(b)    exemption: radio antenna up to 75 feet;

(c)    The definition of exempt minor fixtures specified in 17.60.140(B)(2) is changed for designated historic lands in this land use district to not include elevator shafts, cupolas, dish type antennas, and is limited to vent pipes, heating and air conditioning equipment and associated screening, and minor architectural features.

(d)    The exemption in 17.60.140(B) (7) for arterial street lighting towers is modified: any such towers over 50 feet would require a conditional use permit.

(9)    recreational vehicle parks and campgrounds;

(10)    other uses that are compatible with the land use district, with character compatible to the uses listed in subsections (C) and (D), and that are of similar or lighter intensity of use in terms of their traffic, noise or other off-site impacts, as determined by the director.

(E)    Prohibited uses:

(1)    Prohibited uses within this district include, but are not limited to:

(a)    mobile home parks;

(b)    junkyards/refuse areas;

(c)    correctional community residential centers;

(d)    heavy industrial uses;

(e)    adult entertainment or adult businesses;

(f)    commercial vendors in public rights-of-way; and

(g)    tower farms and tall structures over 100 feet in height, except as permitted under federal regulation.

(2)    Uses not permitted under subsection (C) or authorized under a conditional use permit issued by the commission under subsection (D) are prohibited.

(F)    Development standards in this land use district are as follows:

(1)    maximum building height - 28.5 feet;

(2)    maximum building footprint - 3000 square feet;

(3)    minimum setbacks;

(a)    front - 10 feet;

(b)    side - 10 feet;

(c)    rear - 10 feet;

(d)    corner lots or lots with double frontage shall have setbacks in accordance with 17.25.045(B).

(4)    Lighting. Lighting standards are governed by 17.25.050(F)(6);

(5)    Signs. Sign standards are governed by 17.25.050(F)(7); and

(6)    Consistent with the Talkeetna Comprehensive Plan, there exist advisory design guidelines recommended by the Talkeetna Community Council, which all developers are encouraged to observe when developing land or modifying structures within this land use district, and which the commission may consider when acting on a conditional use application.

(G)    Minimum lot area. The minimum lot area for lots in this district is 7,200 square feet. Existing nonconforming lots may be developed subject to the regulations of this chapter.

(Ord. 03-051(AM), § 2 (part), 2003)

17.25.060 SPUR ROAD NORTH (SRN) DISTRICT.

(A)    There is established the Spur Road North Land Use District. The boundaries of this land use district are shown on the official map.

(B)    The purpose of this district is to:

(1)    maintain the qualities of the district that are key to its current attractive, historic character; these qualities include compact development, small simple buildings, mixed commercial and residential uses, minimal on-site parking, and the slow traffic and concentration of uses that creates a good environment for pedestrians;

(2)    Encourage the West Talkeetna Townsite area, including the SRN, to continue to be the center of community life, and maintain a mix of housing and commercial activities that serve residents and tourists; and

(3)    accommodate the unique aspects of downtown Talkeetna and its historic significance, while allowing for the generally larger lots and the need for greater setbacks from Spur Road than those required in the Main Street land use district.

(C)    Permitted uses within this district are:

(1)    residential:

(a)    single-family dwellings;

(b)    two-family dwellings;

(c)    multi-family dwellings of four or fewer units per acre;

(2)    retail, office, service or other commercial uses 4000 square feet or less;

(3)    hotels, motels, or other overnight accommodations of 15 or fewer units;

(4)    buildings for community civic uses of 4000 square feet or less;

(5)    neighborhood utility facilities;

(6)    parks or playgrounds; and

(7)    accessory uses and structures.

(D)    Conditional uses within this district are:

(1)    multi-family dwellings of more than four units per acre;

(2)    retail, office, service or other commercial uses of more than 4000 square feet;

(3)    hotels, motels, or other overnight accommodations of more than 15 units;

(4)    buildings for community civic uses of more than 4000 square feet;

(5)    alcoholic beverage uses, in accordance with the requirements in MSB 17.70, Regulation of Alcoholic Beverage Uses;

(6)    any use that generates traffic in excess of 100 vehicles during the morning or afternoon peak hour, or more than 750 vehicles per day;

(7)    light industrial uses;

(8)    tall structures as regulated under MSB 17.60.140 and the requirements of this chapter:

(a)    exemption: radio antenna up to 75 feet; and

(b)    the exemption in 17.60.140(B)(7) for arterial street lighting towers is modified, any such towers over 50 feet would require a conditional use permit;

(9)    recreational vehicle parks and campgrounds; and

(10)    other uses that are compatible with the land use district, with character compatible to the uses listed in subsections (C) and (D), and that are of similar or lighter intensity of use in terms of their traffic, noise or other off-site impacts, as determined by the director.

(E)    Prohibited uses:

(1)    Prohibited uses within this district include, but are not limited to:

(a)    mobile home parks;

(b)    junkyards/refuse areas;

(c)    correctional community residential centers;

(d)    heavy industrial uses;

(e)    adult entertainment or adult businesses;

(f)    commercial vendors in public rights-of-way; and

(g)    tower farms and tall structures over 100 feet in height, except as permitted under federal regulation.

(2)    Uses not permitted under subsection (C) or authorized under a conditional use permit issued by the Commission under subsection (D) are prohibited.

(F)    Development standards in this land use district are as follows:

(1)    maximum building height - 28.5 feet;

(2)    maximum building footprint - 4000 square feet;

(3)    Minimum setbacks;

(a)    front - 15 feet;

(b)    side - 10 feet;

(c)    rear - 10 feet; and

(d)    Corner lots or lots with double frontage shall have setbacks in accordance with 17.25.045(B).

(4)    Lighting. Lighting standards are governed by 17.25.050(F)(6);

(5)    Signs. Sign standards are governed by 17.25.050(F)(7); and

(6)    Consistent with the Talkeetna Comprehensive Plan, there exist advisory design guidelines recommended by the Talkeetna Community Council, which all developers are encouraged to observe when developing land or modifying structures within this land use district, and which the commission may consider when acting on a conditional use application.

(G)    Minimum lot area. The minimum lot area for lots in this district is 7,200 square feet. Existing nonconforming lots may be developed subject to the regulations of this chapter.

(Ord. 03-051(AM), § 2 (part), 2003)

17.25.065 SPUR ROAD CENTRAL (SRC) LAND USE DISTRICT.

(A)    There is established the Spur Road Central Land Use District. The boundaries of this land use district are as shown on the official map.

(B)    The purpose of this district is to:

(1)    maintain the qualities that make this area an attractive community entry and a transitional area between less developed areas to the south, and the denser commercial development along Main Street and the northern Spur Road; these qualities include buildings set back from the street, predominance of trees and other vegetation and building sizes and styles that reflect Talkeetna’s history, natural setting, and local building traditions; and

(2)    encourage this area to support resident and tourist-serving commercial activities. Future commercial growth can be more readily accommodated in this area than on Main Street.

(C)    Permitted uses within this district are:

(1)    Residential:

(a)    single-family dwellings;

(b)    two-family dwellings;

(c)    multi-family dwellings of eight or fewer units per acre;

(2)    retail, office, service or other commercial uses 6000 square feet or less;

(3)    hotels, motels, or other overnight accommodations of 25 units or fewer;

(4)    recreational vehicle parks or campgrounds with spaces for a total of 40 or fewer tent camping and/or RV spaces;

(5)    buildings for community civic uses 6000 square feet or less;

(6)    utility facilities, structures exceeding the maximum building height or building footprint development standards within this district are subject to a conditional use permit;

(7)    parks and playgrounds; and

(8)    accessory uses.

(D)    Conditional uses within this district are:

(1)    multi-family dwellings of more than eight units per acre;

(2)    retail, office, service or other commercial uses of more than 6000 square feet;

(3)    hotels, motels, or other overnight accommodations of more than 25 units;

(4)    recreational vehicle parks or campgrounds with spaces for a total of more than 40 tent camping and/or RV spaces;

(5)    buildings for community civic uses of more than 6000 square feet;

(6)    alcoholic beverage uses, in accordance with the requirements in MSB 17.70, Regulation of Alcoholic Beverage Uses;

(7)    any use that generates traffic in excess of 100 vehicles during the morning or afternoon peak hour, or more than 750 vehicles per day;

(8)    light industrial uses;

(9)    tall structures as regulated under MSB 17.60 and the requirements of this chapter;

(a)    exemption: radio antenna up to 75 feet;

(b)    The exemption in 17.60.140(B)(7) for arterial street lighting towers is modified, any such towers over 50 feet would require a conditional use permit; and

(10)    other uses that are compatible with the district, with character compatible to the uses listed here, and that are of similar or lighter intensity of use in terms of their traffic, noise or other off-site impacts, as determined by the director.

(E)    Prohibited uses:

(1)    Prohibited uses within this district include, but are not limited to:

(a)    mobile home parks;

(b)    junkyards/refuse areas;

(c)    correctional community residential centers;

(d)    heavy industrial uses;

(e)    adult entertainment or business;

(f)    commercial vendors in public rights-of-way; and

(g)    tower farms and tall structures over 100 feet in height, except as permitted under federal regulation;

(2)    Uses not permitted under subsection (C) or authorized under a conditional use permit issued by the Commission under subsection (D) are prohibited.

(F)    Development standards within this district are:

(1)    maximum building height - 30 feet;

(2)    maximum building footprint - 6000 square feet;

(3)    setbacks:

(a)    front - 25 feet;

(b)    side - 10 feet (unless the side lot line abuts Spur Road, then the setback is 25 feet); and

(c)    rear - 10 feet (unless the rear lot line abuts Spur Road, then the setback is 25 feet);

(4)    Vegetative Buffer Standards:

(a)    Intent. The provision of a setting that is distinctive and representative of the community of Talkeetna is important to the values of the citizens of Talkeetna and to the growing value of a high-quality experience for those who visit Talkeetna. This section establishes standards for maintenance, selective clearing, and planting of vegetation along the Spur Road to maintain the rural character of the roadway. These standards provide for continued settlement and commercial enterprise along the Spur Road while maintaining a setting that reflects the values of the community. These standards also provide for an enhanced experience for visitors. It is the intent of these buffer standards to encourage development that will maintain the buffer of trees but, if so desired by the landowner, to allow views into residential areas and businesses. The standards are designed to maintain a canopy and underlying groundcover to provide a setting of a “community within a forest.”

(b)    Buffering Standards:

(i)    There shall be left a 15-foot deep strip of native vegetation from the edge of the Spur Road right-of-way, running parallel to the highway, for all properties that abut the Spur Road right-of-way. No person may remove vegetation from this strip except as allowed under this section.

(ii)    The buffer shall not be encumbered by utility easements. Where utility easements exist, the buffer shall begin at the boundary of the utility easement and maintain a 15-foot width from the boundary of the utility easement.

(iii)    Where native vegetation has previously been cleared, native vegetation or a mix of native vegetation and ornamental vegetation up to a maximum of 50 percent ornamental vegetation may be replanted in replacement of cleared vegetation. Where native vegetation has previously been grubbed, lawn, native vegetation, or ornamental vegetation may be planted in the cleared area.

(iv)    Where vegetation is planted in a previously cleared area, the new planting shall include trees planted at a net density of one tree per 200 square feet (one tree per eight feet of highway frontage.) Trees may be more tightly grouped or massed in one area in order to allow more open views to residences, businesses, or signage in other areas, within the buffer area.

(c)    Exceptions:

(i)    Buffer requirements do not apply to driveways authorized by Alaska State Department of Transportation and Public Facilities (ADOT&PF) that connect from the ADOT&PF right-of-way to abutting lots. ADOT&PF requires permits for driveway connection to a state right-of-way. Driveways shall cross the lot at an angle perpendicular to the roadway.

(ii)    Trimming of trees and shrubs is permitted to allow views to properties or signage. Unhealthy, damaged or dead trees posing a hazard may be removed.

(iii)    Trimming of trees and shrubs is permitted within the buffer as needed to accommodate utility service between rights-of-way, utility easements, and development on individual lots.

(iv)    If a property fronting on the Spur Road has one or more community utility easements which run parallel to the road and extend more than 25 feet into the lot from the front property line, the vegetative buffer requirement is modified as follows:

(aa)    the total combined depth of the easement and buffer shall not exceed fifty feet. For example, if the utility easement is forty feet, the vegetative buffer requirement is ten feet.

(5)    Sign Standards:

(a)    Intent. This section is intended to maintain the attractive, high visual quality character of the Spur Road, where views of vegetation and natural features predominate, and businesses have a reasonable opportunity to announce their presence. In general, the size and appearance of signs found in the corridor at the time of the adoption of this ordinance provides a good model for future signs, and for maintaining the road corridor’s existing rural character.

(b)    Requirements:

(i)    Each lot fronting on the Spur Road is allowed one sign within the vegetative buffer. Signs facing both directions on the highway are permitted. These two directional signs can be a single surface with a message on both sides, or a “v” shaped sign with the message placed in a single structure on two separate surfaces.

(ii)    All signs shall be located on the lot which they serve.

(iii)    Dimensions of signs within a buffer or any other location visible from off premises shall meet the following standards:

(aa)    the portion of the sign bearing the message may not exceed 45 square feet on any face;

(bb)    signs on poles cannot exceed 12 feet in height; signs on solid bases cannot exceed 5 feet in height; and

(cc)    reader board style signs and signs which are flashing, rotating, animated or internally illuminated are prohibited.

(6)    Lighting. Lighting standards are governed by 17.25.050(F)(6).

(7)    Consistent with the Talkeetna Comprehensive Plan, there exist advisory design guidelines recommended by the Talkeetna Community Council, which all developers are encouraged to observe when developing land or modifying structures within this land use district, and which the commission may consider when acting on a conditional use application.

(G)    Minimum lot area. The minimum lot area for newly created lots in this district is 40,000 square feet.

(Ord. 03-051(AM), § 2 (part), 2003)

17.25.070 SPUR ROAD SOUTH (SRS) LAND USE DISTRICT.

(A)    There is established the Spur Road South Land Use District. The boundaries of this land use district are as shown on the official map.

(B)    The purpose of this district is to:

(1)    Maintain the visual integrity of the Spur Road, so that, like today, people traveling along this route experience the corridor as a largely natural area, separating more developed communities to the north and south.

(2)    Continue to allow residential and commercial development along the corridor, as long as it is pulled back from the highway, and a buffer of native trees and other vegetation is retained.

(C)    Permitted uses within this district are:

(1)    residential:

(a)    single-family dwellings;

(b)    two-family dwellings; and

(c)    multi-family dwellings.

(2)    retail, office, service, or other commercial uses 6,000 square feet or less;

(3)    hotels, motels, or other overnight accommodations of 50 units or fewer;

(4)    recreational vehicle parks, campgrounds, and parking lots with spaces for a total of 50 or fewer tent camping, RV or parking spaces;

(5)    parks, playgrounds, or buildings 6,000 square feet or less for community civic uses;

(6)    utility facilities. Structures exceeding the maximum building height or building footprint development standards within this district are subject to a conditional use permit; and

(7)    Accessory uses and structures.

(D)    Conditional uses within this district are:

(1)    retail, office, service, or other commercial uses of more than 6,000 square feet;

(2)    hotels, motels, or other overnight accommodations of more than 50 units;

(3)    recreational vehicle parks, campgrounds, and parking lots with accommodations for more than 50 spaces;

(4)    any use that generates traffic in excess of 100 vehicles during the morning or afternoon peak hour, or more than 750 vehicles per day;

(5)    light industrial uses;

(6)    alcoholic beverage uses, in accordance with the requirements in MSB 17.70, Regulation of Alcoholic Beverage Uses;

(7)    natural resource extraction;

(8)    waste disposal sites or transfer stations; and

(9)    tall structures as regulated under MSB 17.60 and the requirements of this chapter.

(a)    exemption: radio antenna up to 75 feet; and

(b)    notwithstanding MSB 17.60.140(B)(7), any arterial street lighting tower over 50 feet in height shall require a conditional use permit.

(10)    other uses that are compatible with the district, with character compatible to the uses listed here, and that are of similar or lighter intensity of use in terms of their traffic, noise or other off-site impacts as determined by the director.

(11)    buildings greater than 6,000 square feet for community civic uses.

(E)    Prohibited uses:

(1)    Prohibited uses within this district include, but are not limited to:

(a)    mobile home parks;

(b)    junkyards/refuse areas;

(c)    correctional community residential centers;

(d)    race tracks intended for motorized uses;

(e)    adult entertainment or business;

(f)    commercial vendors in public rights-of-way;

(g)    heavy industrial uses; and

(h)    tower farms and tall structures over 100 feet in height, except as permitted under federal regulation.

(2)    Uses not permitted under subsection (C) or authorized under a conditional use permit issued by the commission under subsection (D) of this section are prohibited.

(F)    Development standards within this district are:

(1)    maximum building height – 50 feet;

(2)    maximum building footprint – 6,000 square feet, except that the footprint of buildings for community civic uses shall not exceed 10,0000 square feet;

(3)    minimum setbacks for buildings 6,000 total square feet or less:

(a)    front – 25 feet;

(b)    side – 10 feet (unless the side lot line abuts Spur Road, then the setback is 25 feet); and

(c)    rear – 10 feet (unless the rear lot line abuts Spur Road, then the setback is 25 feet);

(4)    minimum setbacks for buildings greater than 6,000 total square feet:

(a)    front – 50 feet;

(b)    side – 25 feet; and

(c)    rear – 25 feet.

(5)    Vegetative buffer standards are governed by MSB 17.25.065(F)(4), except that a minimum 25-foot buffer is required. As of the effective date of this ordinance, where the unencumbered building space measured along the dimension of the lot perpendicular to the road is less than 150 feet, the vegetative buffer requirement is reduced to 15 feet;

(6)    Signs. Sign standards are governed by MSB 17.25.065(F)(5);

(7)    Lighting. Lighting standards are governed by MSB 17.25.050(F)(6); and

(8)    Consistent with the Talkeetna Comprehensive Plan, there exist advisory design guidelines recommended by the Talkeetna Community Council, which all developers are encouraged to observe when developing land or modifying structures within this land use district, and which the commission may consider when acting on a conditional use application.

(G)    Minimum lot area. The minimum lot area for newly created lots in this district is 40,000 square feet.

(Ord. 13-119, §§ 3, 4, 5, 2013; Ord. 03-051(AM), § 2 (part), 2003)

17.25.075 CHRISTIANSEN LAKE (CL) LAND USE DISTRICT.

(A)    There is established the Christiansen Lake District. The boundaries of this land use district are shown on the official map.

(B)    The purpose of this district is to:

(1)    maintain the qualities of the district that are key to its attractive, residential and recreational character. These qualities include existing low density residential development, proximity to public recreational opportunities, and pristine lake water quality;

(2)    encourage the Christiansen Lake area to continue to be a valuable resource important to the recreational needs of local residents and visitors;

(3)    encourage continuation of the rural residential aspects of Christiansen Lake including low density and the existing residential development pattern;

(4)    preserve the values of Talkeetna residents by protecting the environment from degradation, maintaining the high air, land, and water qualities, and preserving the surrounding wilderness; and

(5)    encourage residential development of the outlying Talkeetna area consistent with the land use map contained in the Talkeetna Comprehensive Plan.

(C)    Permitted uses within this district are:

(1)    residential:

(a)    single-family dwellings; and

(b)    two-family dwellings;

(2)    neighborhood utility facilities;

(3)    parks or playgrounds;

(4)    accessory uses and structures;

(5)    home occupations;

(6)    B&B accommodations of up to six beds; and

(7)    agriculture.

(D)    Conditional uses within this district are:

(1)    multifamily dwellings of three to four units per parcel;

(2)    buildings for community civic uses of 2,000 square feet or less; and

(3)    tall structures as regulated under MSB 17.60 except as follows:

(a)    The definition of exempt minor fixtures specified in MSB 17.60.140(B)(2) does not include elevator shafts, cupolas, or dish-type antennas, and is limited to vent pipes, heating and air conditioning equipment and associated screening, and minor architectural features.

(b)    The exemption in MSB 17.60.140(B)(7) for arterial street lighting towers is limited to support structures less than 45 feet.

(E)    Prohibited uses:

(1)    Uses not permitted under subsection (C) of this section or authorized under a conditional use permit issued by the commission under subsection (D) of this section are prohibited.

(F)    Development standards in this land use district are as follows:

(1)    maximum building height – 45 feet;

(a)    Buildings taller than 45 feet may be conditionally permitted by the commission as provided in this chapter.

(2)    Density standards:

(a)    up to two single-family dwellings per parcel;

(b)    one two-family dwelling per parcel; and

(c)    one multi-family dwelling of three to four units per parcel, as a conditional use as provided in this chapter.

(3)    Lighting standards:

(a)    Exterior site lighting on individual lots will be located and shielded to direct the light towards the ground, in order to minimize light spillage onto adjacent properties and upward into the night sky.

(b)    Street light illumination and other fixtures mounted higher than 20 feet or 150 watts or more shall have downward directional shielding.

(c)    Flashing lights are prohibited, with the exception of seasonal holiday lights used during the period directly associated with the holiday.

(4)    Sign standards for home occupations:

(a)    Signs which are painted on, attached to buildings or freestanding may not be internally illuminated and shall not exceed six square feet nor the maximum building height allowed in this district.

(b)    Reader board style signs and signs which are flashing, rotating, animated, or internally illuminated are prohibited.

(5)    Additional setback requirements on Christiansen Lake:

(a)    Animal yards, barns and kennel areas may not be located within 100 feet of Christiansen Lake.

(G)    Minimum lot area. The minimum lot area for lots in this district is two acres. Existing nonconforming lots may be developed subject to the regulations of this chapter.

(H)    Minimum lot width. The minimum lot width for lots fronting on Christiansen Lake is 180 feet.

(Ord. 08-107, § 4, 2008)

ARTICLE II. CONDITIONAL USE PERMITS

17.25.090 INTENT OF CONDITIONAL USE PERMIT.

(A)    The conditional use permit procedure is intended to allow the commission, with community input, to consider the impact of the proposed conditional use on surrounding property and to apply controls and safeguards to ensure that the conditional use will be compatible with the surrounding area and in keeping with the character of the Talkeetna community and the goals and policies of the Talkeetna Comprehensive Plan.

(Ord. 03-051(AM), § 2 (part), 2003)

17.25.100 APPLICATION AND FEE.

(A)    An application for a conditional use permit shall be filed with the department by the owner of the property concerned or the owner’s authorized agent.

(B)    Application for a conditional use permit shall be in writing on forms prescribed by the director. The application shall include:

(1)    a legal description of the property involved;

(2)    a statement of the proposed use and a method or plan of operation; and

(3)    a detailed site plan showing the proposed location of all buildings and structures on the site, setbacks, building height, access points, visual screening, buffering, drainage, signage, vehicular and pedestrian circulation patterns.

(C)    A non-refundable fee as prescribed under MSB 17.99.

(Ord. 03-051(AM), § 2 (part), 2003)

17.25.110 PUBLIC HEARING.

(A)    The commission shall hold a public hearing to consider a conditional use permit application. Notice of the public hearing shall be as provided under MSB 17.03, Public Notification.

(Ord. 03-051(AM), § 2 (part), 2003)

17.25.120 PLANNING COMMISSION ACTION.

(A)    Within 30 days of the close of the public hearing on an application made under this chapter, the commission shall render a decision on the application, considering the evidence and recommendations from of the Talkeetna community and interested persons, and the general standards listed below.

(B)    In granting any application, the commission shall state in writing the conditions of approval necessary to carry out the intent of this chapter. These conditions and safeguards may include, but are not limited to:

(1)    ensuring that structures and areas proposed are arranged and screened in such a manner that they are not detrimental to an existing neighborhood;

(2)    modifying setback or yard dimensions;

(3)    limiting height of buildings or structures;

(4)    controlling the location and number of vehicular access points;

(5)    increasing or decreasing the number of parking spaces as well as designating the location, screening, drainage, surfacing or other improvements of parking areas;

(6)    requiring screening or landscaping;

(7)    limiting hours of operation; and

(8)    recommendations from the community council advisory design guidelines.

(C)    The director shall incorporate the conditions required by the commission in the conditional use permit.

(Ord. 03-051(AM), § 2 (part), 2003)

17.25.130 CONDITIONAL USE GENERAL STANDARDS.

(A)    A conditional use permit may be granted only if it meets the requirements of this section in addition to any other standards required by this chapter.

(B)    In granting a conditional use permit, the commission must determine that sufficient conditions have been placed on the proposed use that the off site impacts of the development will be eliminated or reduced to an acceptable level, and that as a result, the positive qualities of the neighborhood will be enhanced or substantially retained. Among the impacts the commission shall consider are those below:

(1)    the conditional use will preserve or not detract from the value, character, or integrity of the Talkeetna community;

(2)    the conditional use is consistent with the goals of the Talkeetna Comprehensive Plan;

(3)    the granting of the conditional use permit will not be harmful to the public health, safety, convenience and welfare;

(4)    sufficient access, setbacks, lot area, parking space, buffers, and other safeguards have been provided;

(5)    if the permit is for a public use or structure, the commission must find that the proposed use or structure is located in a manner which will maximize public benefits; and

(6)    light industrial uses shall not produce noise, air pollution, water pollution, vibration, smoke, dust, fire hazard noxious or toxic gases or fumes, objectionable odors, glare or light pollution, electrical interference, or industrial waste that creates a nuisance beyond the boundaries of the property.

(Ord. 03-051(AM), § 2 (part), 2003)

ARTICLE III. ADDITIONAL PROVISIONS

17.25.140 NONCONFORMING USES OR STRUCTURES.

(A)    There may be nonconforming uses or structures within the Talkeetna Special Land Use District at the date of adoption of this chapter, or amendments thereto, which were lawful before the adoption of these regulations, but which would otherwise be prohibited, regulated, or restricted under this chapter. It is the intent of this chapter to permit these nonconforming uses to continue until they are discontinued but not to encourage their perpetuation.

(B)    Uses and structures that do not conform to the provisions within this chapter are incompatible with the uses and structures authorized in the Talkeetna Special Land Use District. This chapter does not require the relocation or removal of a nonconforming use or structure existing, or under construction, at the time of adoption of the ordinance if such use or structure was lawful at the time of its construction. No nonconforming use may be constructed or operated except to the extent it was in existence or under actual construction as of the effective date of this ordinance, or amendments thereto.

(C)    Nonconforming uses and structures in existence or under construction as of the effective date of this chapter shall apply for certification of their nonconforming use or structure from the director within 12 months of the effective date of such ordinance or of a later amendment which makes the use or structure nonconforming.

(D)    No nonconforming use or structure shall be expanded or moved, nor shall a nonconforming use be expanded to include an adjacent parcel or parcels unless the area or expansion meets the requirements of this chapter, except that contiguous, unplatted tracts constituting a block of land in the same ownership held for the same purpose on the effective date of this chapter and containing a nonconforming use or structure shall be considered one parcel.

(E)    No nonconforming use or structure, which is abandoned, shall be used until it meets the requirements of this chapter.

(F)    If a nonconforming structure is destroyed as a result of fire or similar disaster, and it is a historically significant building, it may be rebuilt to the same footprint, and with the dimensions and historic style as existed prior to damage. If non-historically significant buildings are 100 percent destroyed, new or rebuilt structures must conform to the standards of this special use district; if fire or other disasters creates less than 100 percent destruction, they may rebuild to their original location and dimensions.

(Ord. 03-051(AM), § 2 (part), 2003)

17.25.150 FLOOD DAMAGE PREVENTION AND COASTAL MANAGEMENT PLAN.

(A)    Compliance with flood hazard prevention and coastal management under MSB 17.25 shall be as prescribed in MSB 17.29 and the most recently adopted Matanuska-Susitna Borough Coastal Management Plan.

(Ord. 03-051(AM), § 2 (part), 2003)

17.25.160 APPEALS.

(A)    Appeals from decisions of the commission may be made under the provisions of MSB 15.39.

(Ord. 03-051(AM), § 2 (part), 2003)

17.25.170 AMENDMENT.

(A)    The commission shall study a proposed amendment or change to this chapter and make a written recommendation to the assembly.

(B)    The recommendation should give consideration as to what effect, if any, the proposed amendment or change would have on the public health, safety, convenience, and welfare. It should also state whether the proposed amendment or change:

(1)    will adversely affect the character and integrity of the Talkeetna area;

(2)    is contrary to the established land use pattern;

(3)    will materially alter the population density pattern and thereby increase the demand for public facilities and services;

(4)    will create or excessively increase traffic congestion or otherwise affect public safety;

(5)    will adversely affect property values in the adjacent area;

(6)    will be a deterrent to the improvement or development of adjacent property in accord with existing regulations;

(7)    will constitute a grant of special privilege to an individual owner as contrasted with the public welfare; and

(8)    will adversely affect air or water quality, or permit noise or light pollution on adjacent properties.

(C)    The recommendation will consider comments heard at the public hearing held by the commission. A record of public comments at the hearing will be conveyed to the assembly.

(D)    The Talkeetna Community Council should consider the proposed amendment or change and provide a recommendation to the planning commission.

(E)    The planning commission recommendation to approve or disapprove of the proposed amendment shall be forwarded to the borough assembly.

(Ord. 03-051(AM), § 2 (part), 2003)

17.25.180 ASSEMBLY PUBLIC HEARING.

(A)    Amendments to this chapter shall be brought to the assembly by ordinance pursuant to MSB 2.12.

(Ord. 03-051(AM), § 2 (part), 2003)

17.25.190 VARIANCES.

(A)    Applications and procedures for variances to the dimensional requirements of this chapter shall be as prescribed in MSB 17.65.

(Ord. 03-051(AM), § 2 (part), 2003)

17.25.200 VIOLATIONS AND ENFORCEMENT.

(A)    Violations and enforcement of this chapter shall be consistent with the terms and conditions of MSB 17.56.

(Ord. 03-051(AM), § 2 (part), 2003)