|
|
Title 22
ZONINGChapters:
22.04 Introduction and General Provisions
22.08 Definitions
22.12 Zoning Maps and Boundaries
22.16 District Regulations
22.20 Supplemental District Regulations and Development Standards
22.24 Special Use Permits
22.30 Zoning Code Administration
Chapter 22.04
INTRODUCTION AND GENERAL PROVISIONSSections:
22.04.010 Title.
22.04.020 Purpose.
22.04.030 Conformity with regulations required.
22.04.040 Interpretation and application of provisions.
22.04.050 Public uses.
22.04.060 Severability.
22.04.070 Conflict with other regulations.
22.04.075 Brief user’s guide.
22.04.010 Title.
This title shall be known and cited as the “Zoning Ordinance of the City and Borough of Sitka, Alaska.” (Ord. 02-1683 § 4 (part), 2002.)
22.04.020 Purpose.
The purpose of this title is to regulate the use of land and improvements by districts in accordance with the comprehensive plan, the coastal management program and other applicable programs. These zoning regulations are designed to:
A. Provide for orderly development;
B. Lessen street congestion;
C. Promote fire safety and public order;
D. Protect the public health and general welfare;
1. Provide for adequate public utilities;
E. Prevent overcrowding and to stimulate systematic development of transportation, water, sewer, school, park and other public facilities;
F. Protect private property rights;
G. Encourage the protection of environmentally critical or historically significant resources;
H. Assure provision of adequate space for commercial, industrial, residential and other land uses necessary for public welfare;
I. Provide for efficient and effective administration and enforcement of these regulations;
J. Provide adequate light, air, privacy, and convenience of access to property;
1. Enhance surface water management; and
K. Provide for the gradual elimination of those uses of land, buildings and structures which do not conform to the standards of the district in which they are located and are adversely affecting the development and taxable value of property in the district.
(Ord. 02-1683 § 4 (part), 2002.)
22.04.030 Conformity with regulations required.
Unless otherwise set forth in this title:
A. No building, structure, land or water area shall hereinafter be used or occupied, and no building, structure, or part thereof shall hereinafter be erected, constructed, reconstructed, moved, repaired or structurally altered except in conformity with the regulations specified in this title for the district in which it is located.
B. No building or other structure shall hereinafter be erected or altered to:
1. Exceed the height restrictions of this title;
2. Accommodate or house a greater number of families than permitted by this title;
3. Occupy a greater percentage of lot area than permitted by this title;
4. Leave narrower or smaller rear yards, front yards, space between portions of buildings or structures, or other open space than required by this title.
C. Any building erected, enlarged or converted to a different type of use after the effective date of the ordinance codified in this title to a use which requires off-street parking shall provide parking space in compliance with the regulations established in this title.
D. Any building erected, enlarged or converted to a different type of use after the effective date of the ordinance codified in this title for commercial or industrial purposes shall provide reasonable facilities for the loading and unloading of goods in compliance with the regulations established by this title.
E. No yard, parking or loading area or other open space required around any building may be considered as providing a yard, parking or loading area or open space for any other building, and no yard or open space on one lot may be considered as providing a yard or open space for any other lot.
F. No yard, open space, space between portions of buildings or structures, or lot existing at the time of the passage of the ordinance codified in this title shall be reduced in dimension or area below the minimum requirements set forth in this title.
(Ord. 02-1683 § 4 (part), 2002.)
22.04.040 Interpretation and application of provisions.
In their interpretation and application, the provisions of this title shall be the minimum regulations and shall apply uniformly within each district, each class or kind of building, structure, land or water area, except as specifically provided in this title.
A. In interpreting and applying the provisions of this title, they shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and general welfare. It is not intended by this title to interfere with or revoke or invalidate any easement, covenant, or other agreement between parties.
B. When the provisions of this title impose greater restrictions than are imposed by other applicable city, state, and federal regulations, the provisions of this title shall control.
C. In case of any ambiguity or difference of meaning or inconsistencies between the text and any illustrations or other graphics, the text throughout this title shall control.
D. Unless the context clearly indicates otherwise, words in the present tense can include the future tense, and words in the singular can include the plural, or vice versa. Except for words and terms defined in the beginning of each chapter of this title and in Chapter 22.08 of this code, all words and terms used in this title shall have their customary meanings.
E. The words “shall” and “should” are always mandatory and not discretionary. The word “may” is discretionary.
(Ord. 02-1683 § 4 (part), 2002.)
22.04.050 Public uses.
A. Unless otherwise prohibited by law, to insure that public uses and structures conform to the general community pattern and to regulations governing private uses and development, agencies of the federal government, state, and the city and borough shall submit plans and receive approvals in conformance with the requirements outlined in this title.
B. Whatever private use is made of any public land or public structures, such private use shall fully conform to the regulations set forth in this title.
(Ord. 02-1683 § 4 (part), 2002.)
22.04.060 Severability.
Should any word, phrase, paragraph, subsection, section or provision of this title be found by a court of competent jurisdiction to be invalid, such finding shall not affect the validity of this title as whole, or any part thereof, other than the part so found to be invalid. (Ord. 02-1683 § 4 (part), 2002.)
22.04.070 Conflict with other regulations.
Whenever the requirements of this title are at variance with the requirements of any other lawfully adopted rule, regulation or ordinance, the most restrictive or those imposing the higher standards shall apply. (Ord. 02-1683 § 4 (part), 2002.)
22.04.075 Brief user’s guide.
A. Chapters. The Sitka zoning code, Title 22, contains seven chapters:
1. Chapter 22.04, Introduction. Establishes the purpose, title and basic rules for using the city development code.
2. Chapter 22.08, Definitions. Provides definitions for words used throughout the title. Words or terms used only in one chapter may be defined in that chapter.
3. Chapter 22.12, Zoning Maps and Boundaries. Contains the official maps showing the location of zoning districts.
4. Chapter 22.16, District Regulations. Lists and describes the zoning classifications, allowed uses for each zone, and categorization of uses.
5. Chapter 22.20, Supplemental District Regulations and Development Standards. Provides development standards, such as density, setbacks, height, lot width, landscaping, buffering, parking, access, and other standards to cover general and specific uses; also covers home occupations, accessory dwelling units, adult entertainment, transfer of development rights, and sign standards.
6. Chapter 22.24, Special Use Permits. Establishes the permit processes and criteria for permits provided by this title, e.g., nonconforming use permits, conditional use permits, planned unit development permits, and variances.
7. Chapter 22.30, Zoning Code Administration. Provides for administrative and quasi-judicial permit review and approval procedures.
B. Numbering Scheme. The numbering scheme used in this title operates as shown below:
22 04 010 A.1.a.i.(1)(a)
Title Chapter Section paragraphs
C. Format. Each chapter begins with a listing of the sections and a purpose statement for the chapter. General definitions are contained in the definitions chapter, Chapter 22.08 of this code; specialized definitions may be found at the beginning of the chapter where those definitions are used. Cross-references to other chapters and sections of this title can be found throughout the title.
(Ord. 02-1683 § 4 (part), 2002.)
Chapter 22.08
DEFINITIONSSections:
22.08.010 General interpretation.
22.08.020 Interpretation of unlisted meanings.
22.08.030 Administrative officer.
22.08.040 Alteration.
22.08.042 Antenna.
22.08.047 Apartment.
22.08.050 Applicant.
22.08.060 Arterial street.
22.08.070 Automobile service station.
22.08.080 Automobile wrecking yard.
22.08.090 Bed and breakfast.
22.08.100 Boardinghouse.
22.08.105 Brewery, small scale.
22.08.110 Building.
22.08.120 Building, accessory.
22.08.130 Building area/site coverage.
22.08.140 Building height.
22.08.150 Building line, front.
22.08.160 Building, principal or main.
22.08.167 Church.
22.08.170 Cluster housing development.
22.08.180 Collector street.
22.08.190 Commercial.
22.08.200 Comprehensive plan.
22.08.210 Conditional use.
22.08.220 Condominium.
22.08.230 Congregate care facility/retirement center.
22.08.240 Coverage.
22.08.245 Cul-de-sac.
22.08.250 Day care, home provider, children’s services.
22.08.253 Dedication.
22.08.254 Density.
22.08.255 Dock.
22.08.256 Dock, commercial.
22.08.257 Dock, community personal use.
22.08.258 Dock, personal use.
22.08.260 Dormitory.
22.08.270 Drinking establishment.
22.08.280 Dwelling.
22.08.285 Dwelling, multiple-family.
22.08.290 Dwelling, single-family.
22.08.300 Dwelling, two-family or duplex.
22.08.310 Dwelling unit.
22.08.320 Dwelling unit, accessory.
22.08.330 Easement.
22.08.340 Eating establishment.
22.08.350 Factory built/prefabricated building.
22.08.360 Family.
22.08.370 Fence height.
22.08.380 Floor area.
22.08.385 Floor area ratio.
22.08.387 Footprint.
22.08.390 Garage.
22.08.400 Garage, body and fender repair.
22.08.410 Garage, mechanical repair.
22.08.420 Garage sales.
22.08.430 Grade (ground level).
22.08.440 Guest room.
22.08.442 Hazardous waste.
22.08.443 Hazardous waste storage.
22.08.444 Hazardous waste treatment.
22.08.445 Hazardous waste treatment and storage facility.
22.08.450 Home occupation.
22.08.455 Hostel.
22.08.460 Hotel.
22.08.461 Household.
22.08.462 Industrial.
22.08.465 Island, subdivided.
22.08.470 Junkyard.
22.08.475 Kennel.
22.08.480 Loading berth.
22.08.485 Lodge.
22.08.490 Lot.
22.08.495 Lot area.
22.08.500 Lot, corner.
22.08.510 Lot, depth of.
22.08.520 Lot, interior.
22.08.530 Lot line adjustment.
22.08.535 Lot line, front.
22.08.540 Lot line, rear.
22.08.550 Lot line, side.
22.08.560 Lot lines.
22.08.563 Lot of record.
22.08.565 Lot, through.
22.08.570 Lot width.
22.08.580 Lot, zero line.
22.08.585 Manufactured home.
22.08.590 Mobile home.
22.08.600 Mobile/manufactured home parks.
22.08.610 Mobile/manufactured home subdivision.
22.08.620 Motel.
22.08.630 Natural resource extraction.
22.08.640 Nonconformity.
22.08.645 Office.
22.08.647 Open space.
22.08.648 Or related zones.
22.08.650 Owner or manager apartment.
22.08.660 Parking, public.
22.08.670 Parking space, off-street.
22.08.680 Parsonage.
22.08.685 Personal service.
22.08.690 Planned unit development.
22.08.700 Profession.
22.08.702 Project.
22.08.705 Public facilities and utilities.
22.08.706 Public hearing.
22.08.707 Public improvement.
22.08.708 Public open space.
22.08.710 Quasi-institutional home.
22.08.712 Recreational vehicle or travel trailer.
22.08.713 Recreational vehicle/travel trailer park.
22.08.720 Residential.
22.08.725 Rezone.
22.08.730 Setback.
22.08.735 Short-term rentals.
22.08.736 Sign.
22.08.737 Sign area.
22.08.738 Sign, attached.
22.08.739 Sign face.
22.08.740 Sign, freestanding.
22.08.741 Sign, off-site.
22.08.742 Sign, permanent.
22.08.743 Sign, temporary.
22.08.744 Site plan.
22.08.745 Site plan, binding.
22.08.750 State highway.
22.08.751 Sports club.
22.08.760 Story.
22.08.770 Street.
22.08.780 Structure.
22.08.785 Subdivision code.
22.08.786 Subdivision, major.
22.08.787 Subdivision, minor.
22.08.790 Tank farms.
22.08.795 Temporary building or structure.
22.08.797 Tidelands.
22.08.800 Townhouse.
22.08.805 Tract or parcel.
22.08.830 Use, accessory.
22.08.840 Use, principal.
22.08.850 Variance.
22.08.851 Vessel.
22.08.853 Walkway.
22.08.854 Watchman or caretaker dwelling.
22.08.855 Watercourse.
22.08.860 Wetland.
22.08.865 Wildlife rehabilitation centers.
22.08.870 Yard, front.
22.08.880 Yard, rear.
22.08.890 Yard, side.
22.08.895 Zone or zone district.
22.08.896 Zoning code.
22.08.010 General interpretation.
For the purpose of this title, certain terms or words used herein shall be interpreted as follows:
A. Words used in the present tense include the future tense;
B. The singular number includes the plural;
C. The word “person” includes a partnership and corporation as well as the individual;
D. The word “lot” also includes the words “plot,” “parcel,” or “tract”;
E. The term “shall” is always mandatory;
F. The words “used” or “occupied” as applied to any land or building includes the words “intended,” “arranged” or “designed” to be occupied.
(Ord. 02-1683 § 4 (part), 2002.)
22.08.020 Interpretation of unlisted meanings.
When a word or term is not specifically stated, the city and borough administrator or his designee shall have the authority to interpret the meaning or description most comparable, subject to appeal to the planning commission, then to the assembly. (Ord. 02-1683 § 4 (part), 2002.)
22.08.030 Administrative officer.
“Administrative officer” means the city and borough administrator or his designee assigned to administer and enforce the zoning title. Said individual may include, but is not limited to, the planning director, or planning assistant. (Ord. 04-60 § 4(D) (part), 2004.)
22.08.040 Alteration.
“Alteration” means any change, addition or modification in a construction, location, occupancy or use classification. In buildings for businesses, commercial, industrial or similar uses, the installation or re-arrangement of partitions affecting more than one-third of a single floor area shall be considered an alteration. (Ord. 02-1683 § 4 (part), 2002.)
22.08.042 Antenna.
“Antenna” means a wire or system of wires, rods, poles, or similar devices, or satellite dishes used for the transmission or reception of electromagnetic waves, external to or attached to the exterior of any building. (Ord. 02-1683 § 4 (part), 2002.)
22.08.047 Apartment.
“Apartment” means any portion of a building which is designed, built, rented, leased, let or hired out to be occupied or which is occupied as the home or residence of an individual or family unit living and doing their own cooking independently of any other individual or family unit in the same building. (Ord. 02-1683 § 4 (part), 2002.)
22.08.050 Applicant.
“Applicant” means a person seeking development approval from the city. (Ord. 02-1683 § 4 (part), 2002.)
22.08.060 Arterial street.
“Arterial street” means a street designed and intended to carry traffic from residential and collector street systems to state highways and other arterial streets. Arterials are designated in the comprehensive plan or in supporting documents of the plan. (Ord. 02-1683 § 4 (part), 2002.)
22.08.070 Automobile service station.
“Automobile service station” means a retail place of business engaged primarily in the sale of motor fuels, lubricants and other petroleum products, but also in supplying accessories and services generally required in the normal operation and maintenance of motor vehicles. The servicing of motor vehicles shall be generally limited to lubrication, installation or replacement of accessory items and the performance of minor automobile maintenance and repair. Sales and leasing of motor vehicles on a limited basis, not becoming the principal use, shall be considered an accessory use. (Ord. 02-1683 § 4 (part), 2002.)
22.08.080 Automobile wrecking yard.
“Automobile wrecking yard” means any lot or portion of a lot used for the purpose of dismantling used motor vehicles or trailers or the storage or sale of parts from dismantled or partially dismantled obsolete or wrecked vehicles. (Ord. 02-1683 § 4 (part), 2002.)
22.08.090 Bed and breakfast.
“Bed and breakfast” means a lodging use, where rooms within a single dwelling unit are provided to transient guests by a resident operator for a fee by pre-arrangement on a daily or short-term basis. A breakfast meal and/or light snacks may be served to those guests renting rooms. Only limited cooking facilities, if any, may be provided in the guest rooms. Extensive stays are not encouraged by the owners and are not considered appropriate. Bed and breakfasts require a building official and fire official certification that the residence complies with life and fire safety aspects. (Ord. 02-1683 § 4 (part), 2002.)
22.08.100 Boardinghouse.
“Boardinghouse” means a building, residential in character, other than a hotel or motel, with not more than five guest rooms and no more than two persons per room where lodging, with or without meals, is provided for compensation for three or more persons, but not exceeding fifteen persons, on other than a day-to-day basis, and which is not open to transient guests. (Ord. 02-1683 § 4 (part), 2002.)
22.08.105 Brewery, small scale.
“Small scale brewery” means an operation involving the processing of grain into beer where all activities with the exception of unloading raw materials and loading finished product for off-site transport are conducted within an enclosed building, where overall production is less than ten thousand barrels per year (three hundred ten thousand gallons per year), where the operation requires no more than standard utilities, and where retail sales may be conducted on-premises. (Ord. 02-1683 § 4 (part), 2002.)
22.08.110 Building.
“Building” means any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind. (Ord. 02-1683 § 4 (part), 2002.)
22.08.120 Building, accessory.
“Accessory building” means a detachable building, the use of which is appropriate, subordinate and customarily incidental to that of the main building or to the use of the land and which is located on the same lot as the main building or use. (Ord. 02-1683 § 4 (part), 2002.)
22.08.130 Building area/site coverage.
“Building area/site coverage” means the total areas taken on a horizontal plane on its largest level of the principal building and all accessory building including decks, porches, steps and eave overhangs.
Figure 22.08.130
Site Coverage
(Ord. 02-1683 § 4 (part), 2002.)
22.08.140 Building height.
“Building height” means the vertical distance from the average elevation of the finished grade to the highest point of the coping of a flat roof, to the highest point of a mansard roof, or to the highest point of the highest gable of a pitched or hip roof. (Ord. 02-1683 § 4 (part), 2002.)
22.08.150 Building line, front.
“Front building line” defines the minimum distance from the front property line to the furthest extension of any structure or appurtenance including but not limited to decks, steps and porches to be erected on the property. (Ord. 02-1683 § 4 (part), 2002.)
22.08.160 Building, principal or main.
“Principal or main building” means a building which contains the principal or main use of the lot on which it is situated. In a residential district, the principal building shall be the residence. In a commercial district, the principal building would be the commercial use. (Ord. 02-1683 § 4 (part), 2002.)
22.08.167 Church.
“Church” means a building or structure generally open to the public and used as a place of gathering for the purpose of religious worship or related activities. The definition of a church shall be dependent upon IRS interpretation and that of the State Assessor’s Office. A standard single-family residence not remodeled for public meetings shall not be considered a church. (Ord. 02-1683 § 4 (part), 2002.)
22.08.170 Cluster housing development.
“Cluster housing development” means two or more independent single-family dwellings developed as a group or “cluster” requiring a conditional use permit and site plan approval, the plan of which may not conform to the minimum yard and lot requirements of the district in which the project is located. Cluster developments may not exceed the density allowed in the district in which they are located and are specifically intended to provide a method to allow development on unusual terrain where standard development would be prohibitively expensive.
Figure 22.08.170
Cluster Housing Development
(Ord. 02-1683 § 4 (part), 2002.)
22.08.180 Collector street.
“Collector street” means a street designed and intended to carry traffic from residential street systems to arterial street systems or state highways. (Ord. 02-1683 § 4 (part), 2002.)
22.08.190 Commercial.
“Commercial” means activities involving sales or rental of any article, substance or commodity and the provision of all commercial services including financial institutions and personal services. (Ord. 02-1683 § 4 (part), 2002.)
22.08.200 Comprehensive plan.
“Comprehensive plan” means an official adopted document including text, charts, graphics or maps or any combination designed to portray general and long range proposals for the arrangement of land uses and development of an economic base and human resource and which is intended to guide development policy towards achieving orderly and coordinated development within the entire community. (Ord. 02-1683 § 4 (part), 2002.)
22.08.210 Conditional use.
“Conditional use” means a provision which allows for flexibility within the zoning title by permitting certain specified uses in zoning districts where said uses could be considered appropriate, but only after additional conditions and safeguards are applied to insure their compatibility with permitted principal uses. Such conditions might include such things as parking, signs, fences or other sight and sound buffers, protection of natural resources of value to the community or similar public concerns. (Ord. 02-1683 § 4 (part), 2002.)
22.08.220 Condominium.
“Condominium” means a type of real property ownership in which projects composed of two or more dwelling units or commercial or industrial establishments which are individually owned, with common areas of the project, if any, and common land area being owned according to fixed percentages by the owners of the separate dwelling units or commercial or industrial establishments in a cooperative manner. This type of development requires the preparation of a plat under the State Horizontal Property Regimes Act and the formulation of a legal homeowners’ association to guide the financial and maintenance arrangements for the units in total. Approval of condominiums shall be allowed only under the conditional use and site plan approval procedure. (Ord. 02-1683 § 4 (part), 2002.)
22.08.230 Congregate care facility/retirement center.
“Congregate care facility/retirement center” means a residential facility designed for and occupied by at least one person per unit who is able to live independently and without twenty-four-hour supervision; and providing centralized services for the residents including meals, recreation, housekeeping, laundry and transportation. (Ord. 02-1683 § 4 (part), 2002.)
22.08.240 Coverage.
“Coverage” means the percentage of total lot area allowed to be covered by buildings or structures exceeding thirty inches in height. Customary yard accessories, ornaments and furniture are not included in this definition of coverage. (Ord. 02-1683 § 4 (part), 2002.)
22.08.245 Cul-de-sac.
“Cul-de-sac” means a short street intersecting with another street at one end and terminated by a vehicular turnaround at the other end.
Figure 22.08.245
Cul-de-sac
(Ord. 02-1683 § 4 (part), 2002.)
22.08.250 Day care, home provider, children’s services.
“Day care,” “home provider,” or “children’s services” means the caring of children, ages newborn through twelve, in other than the children’s own home environment. It shall be lawful to care for up to four children, not your own, in a private home and be considered a valid home occupation. For five or more children, state licensing and a conditional use permit as a day care center shall be required. (Ord. 02-1683 § 4 (part), 2002.)
22.08.253 Dedication.
“Dedication” means the deliberate appropriation of land or rights in land by its owner for any general and public use, reserving to himself or herself no other rights than such as are compatible with the full exercise and enjoyment of the public use to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat or short plat showing the dedication thereon, and the acceptance by the public shall be evidenced by the approval of such plat for filing by the city. (Ord. 02-1683 § 4 (part), 2002.)
22.08.254 Density.
“Density” means the number of permitted dwelling units allowed on each acre of land or fraction thereof. (Ord. 02-1683 § 4 (part), 2002.)
22.08.255 Dock.
“Dock” means a fixed or floating structure, including moorings, for the purpose of berthing floating vessels. (Ord. 03-1750 § 4 (part), 2003; Ord. 02-1683 § 4 (part), 2002.)
22.08.256 Dock, commercial.
“Commercial dock” means a fixed or floating structure, including moorings, for the purpose of berthing floating vessels that: includes commercial and recreational vessels, does not have a limitation on the size or number of lease slips, may include covered lease slips and boathouses, may include secure float plane facilities, and may have seafood sales on the structure. A commercial dock along the Sitka Road System shall have one parking space per slip. Commercial docks in Sitka Sound and in outlying areas do not have a parking space requirement. (Ord. 07-08 § 4 (part), 2007.)
22.08.257 Dock, community personal use.
“Community personal use dock” means a dock jointly owned and used by property owners in the immediate area for the berthing of floating vessels owned by the property owners in the area, lessees of uplands, family members of property owners in the area, or others utilizing the dock without compensation. Commercial fishing vessels owned by the upland property owner are allowed. Community personal use docks shall not include, or accommodate, covered or uncovered lease slips, commercial seafood processing, sale of seafood, float houses, liveaboards, or float planes unless specifically allowed elsewhere in this title, or any other commercial activity including the loading and off-loading of charter clients. Community personal use docks are for noncommercial purposes. Waterborne aircraft, used for commercial purposes, may be allowed on island properties and in outlying areas through the conditional use process in accordance with Table 22.16.015-2. (Ord. 07-08 § 4 (part), 2007.)
22.08.258 Dock, personal use.
“Personal use dock” means a fixed or floating structure, including moorings, for the purpose of berthing floating vessels owned by the upland property owner, lessees of uplands, family members of upland property owners, or others utilizing the dock without compensation. Commercial fishing vessels owned by the upland property owner are allowed. Personal use docks shall not include, or accommodate, covered or uncovered lease slips, seafood processing, sale of seafood, float houses, liveaboards, or float planes unless specifically allowed elsewhere in this title, or any other commercial activity including the loading and off-loading of charter clients. The maximum perimeter of the dock and float shall not exceed three hundred linear feet. Gangways and ramps are not included in this limitation. (Ord. 07-08 § 4 (part), 2007.)
22.08.260 Dormitory.
“Dormitory” means a residential building, other than a hotel or motel, with six or more guest rooms, where lodging with or without meals is provided for compensation on other than a day-to-day basis for students, employees or the like and which is not open to transient guests. (Ord. 02-1683 § 4 (part), 2002.)
22.08.270 Drinking establishment.
“Drinking establishment” means a building or place of business involving the retail sales or dispensing of alcoholic beverages. (Ord. 02-1683 § 4 (part), 2002.)
22.08.280 Dwelling.
“Dwelling” means a building designed or used exclusively as a living quarters for one or more families. (Ord. 02-1683 § 4 (part), 2002.)
22.08.285 Dwelling, multiple-family.
“Multiple-family dwelling” means a residential building designed for or occupied by three or more families, with the number of families not exceeding the number of dwelling units that are provided. (Ord. 02-1683 § 4 (part), 2002.)
22.08.290 Dwelling, single-family.
“Single-family dwelling” means a detached building constructed on a permanent foundation, designed for human habitation exclusively and constituting one household.
Figure 22.08.290
Single-Family Detached Dwelling
(Ord. 02-1683 § 4 (part), 2002.)
22.08.300 Dwelling, two-family or duplex.
“Two-family dwelling” or “duplex” means a detached building constructed on a permanent foundation, designed for human habitation exclusively by two families and constituting two dwelling units.
Figure 22.08.300
Two-Family Dwelling (Duplex)
(Ord. 02-1683 § 4 (part), 2002.)
22.08.310 Dwelling unit.
“Dwelling unit” means a structure or portion thereof containing a kitchen, living area, toilet and sleeping accommodations and designed as a unit to be occupied by no more than one family. (Ord. 02-1683 § 4 (part), 2002.)
22.08.320 Dwelling unit, accessory.
“Accessory dwelling unit” means a separate, complete dwelling unit attached to or contained within the structure of the primary dwelling, or contained within a separate structure that is accessory to the primary dwelling unit on the premises. (Ord. 02-1683 § 4 (part), 2002.)
22.08.330 Easement.
“Easement” means an interest in land owned by another that entitles the easement holder to a specified limited use or enjoyment of said area of land. (Ord. 02-1683 § 4 (part), 2002.)
22.08.340 Eating establishment.
“Eating establishment” means a place, building or structure where the preparation or serving of food for sale or consumption is conducted. (Ord. 02-1683 § 4 (part), 2002.)
22.08.350 Factory built/prefabricated building.
“Factory built/prefabricated building” means a detached building designed for long-term habitation and use and having complete facilities, constructed and fabricated into one or more sections at a factory and designed to be joined at location of use on a permanent foundation and meeting all applicable building codes and housing codes. (Ord. 02-1683 § 4 (part), 2002.)
22.08.360 Family.
“Family” means any number of individuals related by blood or marriage; any number of individuals coming under the definition of “handicapped persons” in the Fair Housing Act, with such persons present as reasonable accommodation will require for such handicapped persons to occupy a dwelling; or an unrelated group of not more than five persons, living together as a single housekeeping unit in a dwelling unit. (Ord. 02-1683 § 4 (part), 2002.)
22.08.370 Fence height.
“Fence height” means the vertical distance between the ground, either natural or filled, directly under the fence and the highest point of the fence. No fence shall exceed eight feet in height without a variance. Fences in the public and industrial zones may be no higher than twenty feet. (Ord. 02-1683 § 4 (part), 2002.)
22.08.380 Floor area.
“Floor area” means the total horizontal area of each floor of a building within the surrounding outer walls exclusive of vent shafts and courts. (Ord. 02-1683 § 4 (part), 2002.)
22.08.385 Floor area ratio.
“Floor area ratio” means the ratio of building floor area to the area of the lot upon which the building is located. (Ord. 02-1683 § 4 (part), 2002.)
22.08.387 Footprint.
“Footprint” means the outermost exterior perimeter of a building at the foundation where it touches the ground plane. (Ord. 02-1683 § 4 (part), 2002.)
22.08.390 Garage.
“Garage” means a building or portion thereof in which only motor vehicles used by the tenants of the building are stored or kept and in which gasoline, distillate or other volatile flammable liquids, or other household goods may be stored. (Ord. 02-1683 § 4 (part), 2002.)
22.08.400 Garage, body and fender repair.
“Body and fender repair garage” means a major automobile repair building or portion thereof, including but not limited to engine, transmission or differential repair or replacement but especially involved in the body and fender repair of damaged vehicles. (Ord. 02-1683 § 4 (part), 2002.)
22.08.410 Garage, mechanical repair.
“Mechanical repair garage” means any garage, available to the public, operated for gain, and used for the storage, major mechanical repair including but not limited to engine, transmission or differential repair or replacement, greasing, washing, servicing or adjusting or equipping vehicles. (Ord. 02-1683 § 4 (part), 2002.)
22.08.420 Garage sales.
“Garage sales” means the sale or barter, by the owner or occupant of a residential structure, of miscellaneous personal property excess to the person’s needs. Garages sales can occur in any structure on the property. (Ord. 02-1683 § 4 (part), 2002.)
22.08.430 Grade (ground level).
“Grade (ground level)” means the average level of the finished ground at the center of all exterior walls of a building. In case walls are parallel to and within five feet of a public sidewalk, the ground shall be measured at the sidewalk. (Ord. 02-1683 § 4 (part), 2002.)
22.08.440 Guest room.
“Guest room” means any room in a dormitory, boardinghouse or lodginghouse, or bed and breakfasts, or short-term rentals used for and maintained to provide sleeping accommodations for not more than two persons. Each one hundred square feet or fraction thereof of floor area used for sleeping room purposes shall be considered a separate guest room and must be approved by the building official and fire chief. (Ord. 02-1683 § 4 (part), 2002.)
22.08.442 Hazardous waste.
“Hazardous waste” means all dangerous and extremely hazardous waste as defined in, or its successor, except for moderate risk waste as set forth in, or its successor. (Ord. 02-1683 § 4 (part), 2002.)
22.08.443 Hazardous waste storage.
“Hazardous waste storage” means the holding of hazardous waste for a temporary period as regulated by the state or its successor. (Ord. 02-1683 § 4 (part), 2002.)
22.08.444 Hazardous waste treatment.
“Hazardous waste treatment” means the physical, chemical, or biological processing of hazardous waste for the purpose of rending these wastes nondangerous or less dangerous, safer for transport, amenable for storage, or reduced in volume, as regulated by the state or its successor. (Ord. 02-1683 § 4 (part), 2002.)
22.08.445 Hazardous waste treatment and storage facility.
“Hazardous waste treatment and storage facility” means on-site storage and treatment facilities which treat and store hazardous wastes generated on the same property. (Ord. 02-1683 § 4 (part), 2002.)
22.08.450 Home occupation.
“Home occupation” means nonresidential use conducted within a dwelling unit by the residents thereof, which is clearly incidental and secondary to the use of the dwelling for living purposes and does not change the character thereof nor involve persons other than the residents of the building. For specific details, see Section 22.20.060. (Ord. 02-1683 § 4 (part), 2002.)
22.08.455 Hostel.
“Hostel” means a place where travelers may stay for a limited duration at low cost in a facility operated by a nonprofit entity that is appropriately recognized by a state or national hostel organization that may include dormitory-like sleeping accommodations. (Ord. 05-47 § 4(A), 2005.)
22.08.460 Hotel.
“Hotel” means any building or group of buildings in which there are six or more guest rooms used, designed or intended for use for the purpose of offering to the general public lodging or food and lodging. (Ord. 02-1683 § 4 (part), 2002.)
22.08.461 Household.
“Household” means a housekeeping unit consisting of any number of related persons; eight or fewer nonrelated, nontransient persons; or eight or fewer related and nonrelated nontransient persons, unless a grant of special or reasonable accommodation allows an additional number of persons. (Ord. 02-1683 § 4 (part), 2002.)
22.08.462 Industrial.
A. “Industrial” means a use engaged in the manufacture of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products.
B. “Industrial” shall not include occupations conducted only by residents of the property without outside employees, such as pottery, weaving, woodworking and the like.
C. This definition of “industrial” shall not authorize uses of property which are prohibited by other ordinances in the same zone.
(Ord. 02-1683 § 4 (part), 2002.)
22.08.465 Island, subdivided.
“Subdivided island” shall include all islands that have been divided into two or more lots or which are connected with an adjacent island at mean low tide. (Ord. 02-1683 § 4 (part), 2002.)
22.08.470 Junkyard.
“Junkyard” means any lot or portion thereof used for the storage, salvage, keeping or abandonment of junk or waste material including worn out, wrecked, scrapped, partially or fully dismantled, discarded, tangible materials, combination of materials or items such as machinery, metal, rags, rubber, paper, plastics, chemicals and building materials which cannot, without further reconditioning, be used for their original purpose. (Ord. 02-1683 § 4 (part), 2002.)
22.08.475 Kennel.
“Kennel” means a structure or lot on which four or more small domestic animals at least four months of age are kept. (Ord. 02-1683 § 4 (part), 2002.)
22.08.480 Loading berth.
“Loading berth” means an off-street space used for the temporary parking of commercial vehicles while unloading merchandise, materials or supplies at a building or structure and located upon the same lot as the building. (Ord. 02-1683 § 4 (part), 2002.)
22.08.485 Lodge.
“Lodge” means a premises that provides lodging (room and board) accommodations during all seasons for use by visitors engaging in recreational activities and includes a variety of related services. Lodges on islands may include satellite small cabins along with the main structure. (Ord. 02-1683 § 4 (part), 2002.)
22.08.490 Lot.
“Lot” means a parcel of land shown as an individual unit on the most recent plat of record and intended to be used for one principal building and/or use.
Figure 22.08.490
Lot Types
(Ord. 02-1683 § 4 (part), 2002.)
22.08.495 Lot area.
“Lot area” means the total horizontal area within the boundary lines of a lot, excluding any street right-of-way or access easement. (Ord. 02-1683 § 4 (part), 2002.)
22.08.500 Lot, corner.
“Corner lot” means a lot situated at the junction of and bordering on two intersecting streets. (Ord. 02-1683 § 4 (part), 2002.)
22.08.510 Lot, depth of.
“Depth of lot” means a mean horizontal distance between the front and rear lot lines, measured in the general direction of its side lot line.
Figure 22.08.510
Lot Depth
(Ord. 02-1683 § 4 (part), 2002.)
22.08.520 Lot, interior.
“Interior lot” means a lot located within a group of lots other than on intersecting streets. (Ord. 02-1683 § 4 (part), 2002.)
22.08.530 Lot line adjustment.
“Lot line adjustment” means the adjustment or relocation of a boundary line between existing lots which results in no more lots than existed before the adjustment. (Ord. 02-1683 § 4 (part), 2002.)
22.08.535 Lot line, front.
“Front lot line” means the lot line adjacent to any public street. In the case of a corner lot, the front line shall be considered to be along both street lot lines.
Figure 22.08.535, 22.08.540, 22.08.550
Lot Lines
(Ord. 02-1683 § 4 (part), 2002.)
22.08.540 Lot line, rear.
“Rear lot line” means the lot line opposite and most distant from the front lot line. (Ord. 02-1683 § 4 (part), 2002.)
22.08.550 Lot line, side.
“Side lot line” means any lot line not a front lot line or a rear lot line. (Ord. 02-1683 § 4 (part), 2002.)
22.08.560 Lot lines.
“Lot lines” means the property lines bounding a single parcel of property. (Ord. 02-1683 § 4 (part), 2002.)
22.08.563 Lot of record.
“Lot of record” means an area or parcel of land as shown on an officially recorded plat or subdivision, or an area or parcel of land to which a deed or contract is officially recorded as a unit of property, or which is described by metes and bounds or as a fraction of a section. (Ord. 02-1683 § 4 (part), 2002.)
22.08.565 Lot, through.
“Through lot” means a lot fronting on two streets that is not a corner lot. (Ord. 02-1683 § 4 (part), 2002.)
22.08.570 Lot width.
“Lot width” means the mean horizontal distance separating side lot lines of an individual lot. (Ord. 02-1683 § 4 (part), 2002.)
22.08.580 Lot, zero line.
“Zero lot line” means the common property line separating two lots upon which one dwelling may be located without a setback providing a proper fire wall rating is utilized. All other aspects are the same as in conventional development. When lots are proposed for this type of development, site plan approval shall be required as part of the subdivision approval. (Ord. 02-1683 § 4 (part), 2002.)
22.08.585 Manufactured home.
“Manufactured home” means a single-family dwelling or duplex designed for human habitation and constructed after June 15, 1976, in accordance with the U.S. Department of Housing and Urban Development (HUD) requirements for manufactured housing and bearing the appropriate insignia indicating such compliance. (Ord. 02-1683 § 4 (part), 2002.)
22.08.590 Mobile home.
“Mobile home” means a detached single-family dwelling designed for human habitation and having complete living facilities, constructed and fabricated into a complete unit in a factory and 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, meeting the mobile home manufacturer’s association codes and designed primarily for placement on an impermanent foundation. (Ord. 02-1683 § 4 (part), 2002.)
22.08.600 Mobile/manufactured home parks.
“Mobile home parks” means any area, lot or portion of a lot where space for two or more mobile homes is leased, rented or held out for rent for occupancy and having separate attachments for normal public utilities. (Ord. 02-1683 § 4 (part), 2002.)
22.08.610 Mobile/manufactured home subdivision.
“Mobile home subdivision” means two or more mobile homes on separate lots developed under the subdivision regulations and the conditional use procedures of this title, where mobile homes are permanently installed for residential use on individually owned parcels of property. (Ord. 02-1683 § 4 (part), 2002.)
22.08.620 Motel.
“Motel” means a building or group of buildings designed primarily for sleeping accommodations, with or without individual kitchen facilities, and specifically designed for transient or roadside traffic with either separate entrances or a common entrance directly to a convenient central parking facility. (Ord. 02-1683 § 4 (part), 2002.)
22.08.630 Natural resource extraction.
“Natural resource extraction” means commercial or industrial operations involving the removal of timber, native vegetation, peat, mulch, topsoil, fill, sand and gravel, rock or any operations having similar characteristics. Said use includes the use of heavy equipment such as loaders, dozers, backhoes and other equipment such as crushers. (Ord. 02-1683 § 4 (part), 2002.)
22.08.640 Nonconformity.
“Nonconformity” means any lot, structure, use of land, use of a structure or characteristics of such use which does not conform to the terms of this title but which was in lawful and active use on the effective date of the ordinance codified in this title. (Ord. 02-1683 § 4 (part), 2002.)
22.08.645 Office.
“Office” means a building, or part thereof, designed, intended or used for the practice of a profession, the carrying on of a business, the conduct of public administration, or, where not conducted on the site thereof, the administration of an industry, but shall not include a retail commercial use, any industrial use, or place of amusement or place of assembly. (Ord. 02-1683 § 4 (part), 2002.)
22.08.647 Open space.
“Open space” means any part of a lot unobstructed by structures from the ground upward. (Ord. 02-1683 § 4 (part), 2002.)
22.08.648 Or related zones.
“Or related zones” applies to the extension of a particular zoning district such as R-1 or R-2. R-1 or related zones includes R-1, R-1 MH, R-1 LD, and R-1 LDMH. R-2 or related zones includes R-2 and R-2 MHP. SF or related zones includes SF and SFLD. C-1 or related zones includes C-1 and C-2. (Ord. 02-1683 § 4 (part), 2002.)
22.08.650 Owner or manager apartment.
“Owner or manager apartment” means a defined area within a residential building that is designated to be used exclusively as the living quarters for the owner, manager and/or family of that building, or caretaker of residential structures. (Ord. 02-1683 § 4 (part), 2002.)
22.08.660 Parking, public.
“Public parking” means a structure or open area other than a street, alley or other right-of-way used for the temporary parking of automobiles and available for public use, whether free, for compensation or as an accommodation for clients or customers. (Ord. 02-1683 § 4 (part), 2002.)
22.08.670 Parking space, off-street.
“Off-street parking space” means a ten-foot by twenty-foot space located off any street, alley or other right-of-way which is adequate for parking an automobile with room for opening doors and adequate maneuvering room on a parking lot with access to a public street or alley. Requirements for off-street parking are found in Section 22.20.100. (Ord. 02-1683 § 4 (part), 2002.)
22.08.680 Parsonage.
“Parsonage” means the permanent place of residence of the pastor or minister of a church and owned by the church, not the pastor. (Ord. 02-1683 § 4 (part), 2002.)
22.08.685 Personal service.
“Personal service” means businesses engaged in providing care of the corporeal person or his/her apparel such as accounting, tax preparation, hair care, massage therapists, tailoring, etc., not including health care. (Ord. 02-1683 § 4 (part), 2002.)
22.08.690 Planned unit development.
“Planned unit development” means a group or combination of dwellings and uses developed as a functional unit under conditional use and site plan approval procedures, the plan of which may not conform to the regulations established in any one or more zoning districts with respect to lot size, mixture of uses, density, lot coverage, access or required open space. (Ord. 02-1683 § 4 (part), 2002.)
22.08.700 Profession.
“Profession” means an occupation or calling requiring the practice of a learned art through specialized knowledge, training, experience or a degree issued by an institute of higher learnings; e.g., doctor of medicine, lawyer, engineer, computer specialist, etc. (Ord. 02-1683 § 4 (part), 2002.)
22.08.702 Project.
“Project” means a proposal for development. (Ord. 02-1683 § 4 (part), 2002.)
22.08.705 Public facilities and utilities.
“Public facilities and utilities” means land or structures owned by or operated for the benefit of the public use and necessity, including but not limited to public facilities defined in RCW 36.70A.030, as amended, and private utilities serving the public. (Ord. 02-1683 § 4 (part), 2002.)
22.08.706 Public hearing.
“Public hearing” means an open record hearing at which evidence is presented and testimony is taken. (Ord. 02-1683 § 4 (part), 2002.)
22.08.707 Public improvement.
“Public improvement” means any structure, utility, roadway or sidewalk for use by the public, required as a condition of development approval. (Ord. 02-1683 § 4 (part), 2002.)
22.08.708 Public open space.
“Public open space” means any publicly owned land including, but not limited to, parks, playgrounds, waterways, and trails. (Ord. 02-1683 § 4 (part), 2002.)
22.08.710 Quasi-institutional home.
“Quasi-institutional home” means a residential facility located in a residence or living unit, the principal use being to serve as a place for no more than six persons in an R-1 zone and twenty persons in an R-2 or larger zone seeking rehabilitation, counseling, self-help and family environment. This definition shall not include dwellings intended for use as a family setting for handicapped persons as defined in the Fair Housing Act. (Ord. 02-1683 § 4 (part), 2002.)
22.08.712 Recreational vehicle or travel trailer.
“Recreational vehicle” or “travel trailer” means a motor vehicle or portable vehicular structure capable of being towed on the highways by a motor vehicle, designed and intended for casual or short-term occupancy for travel, recreational and vacation uses, identified by a model number, serial number, and vehicle registration number, and equipped with limited pressure water storage, sewage holding tank and other such self-contained living facilities. (Ord. 02-1683 § 4 (part), 2002.)
22.08.713 Recreational vehicle/travel trailer park.
“Recreational vehicle/travel trailer park” means an area, lot or portion of a lot where two or more travel trailers are parked, camped, leased or rented for temporary occupancy, and may include state camper parks, road wayside parks or campgrounds where public water and toilets are provided or a holding tank dump station has been erected. (Ord. 02-1683 § 4 (part), 2002.)
22.08.720 Residential.
“Residential” means activity involving the occupation of a building for living, cooking and sleeping purposes. (Ord. 02-1683 § 4 (part), 2002.)
22.08.725 Rezone.
“Rezone” means a change in classification from one zoning district to another. (Ord. 02-1683 § 4 (part), 2002.)
22.08.730 Setback.
“Setback” means the distance between the lot line and the building line. The building line shall include eaves, open porches and other such projections beyond the foundation. (Ord. 02-1683 § 4 (part), 2002.)
22.08.735 Short-term rentals.
“Short-term rentals” means rentals of single dwelling units for less than fourteen consecutive days for money or other valuable consideration by one party which then occupies the dwelling. (Ord. 02-1683 § 4 (part), 2002.)
22.08.736 Sign.
“Sign” means any device, flag, light, figure, picture, letter, message, symbol, plaque or poster visible outside the lot on which it is located and which is designed to inform or attract the attention of the public, excluding murals or architectural designs which do not advertise a business, product or service. (Ord. 02-1683 § 4 (part), 2002.)
22.08.737 Sign area.
“Sign area” means the area of the smallest rectangle that can be drawn around all parts of the sign from the viewpoint exposing the largest surface area, excluding simple support structures. Sign supporting structures which are part of the sign display shall be included in the area of the rectangle.
Figure 22.08.737
Sign Area
(Ord. 02-1683 § 4 (part), 2002.)
22.08.738 Sign, attached.
“Attached sign” means a sign permanently attached to or mounted on a building. (Ord. 02-1683 § 4 (part), 2002.)
22.08.739 Sign face.
“Sign face” means any side of a sign which contains advertising or graphic display which is visible to the public. (Ord. 02-1683 § 4 (part), 2002.)
22.08.740 Sign, freestanding.
“Freestanding sign” means any sign not attached to a building. (Ord. 02-1683 § 4 (part), 2002.)
22.08.741 Sign, off-site.
“Off-site sign” means a permanent sign not located on the same lot as the business or use it is intended to serve. (Ord. 02-1683 § 4 (part), 2002.)
22.08.742 Sign, permanent.
“Permanent sign” means a sign nailed, glued, screwed or similarly fastened to foundation systems capable of holding it in position under an imposed wind load of twenty-five pounds per square foot or the design requirements of Chapter 23 of the Building Code. (Ord. 02-1683 § 4 (part), 2002.)
22.08.743 Sign, temporary.
“Temporary sign” means a sign or advertising display intended to be displayed for a limited time not to exceed thirty days in one calendar year or for a fixed event and not permanently affixed to a structure or the ground. (Ord. 03-1746 § 4 (part), 2003: Ord. 02-1683 § 4 (part), 2002.)
22.08.744 Site plan.
“Site plan” means a scale drawing which shows the areas and locations of all buildings, streets, roads, improvements, easements, utilities, open spaces and other principal development features for a specific parcel of property. (Ord. 02-1683 § 4 (part), 2002.)
22.08.745 Site plan, binding.
“Binding site plan” means a site plan reviewed and approved pursuant to this title, containing the inscriptions or attachments setting forth the limitations and conditions of use for a specific parcel of property and meeting the requirements of the municipal engineer. (Ord. 02-1683 § 4 (part), 2002.)
22.08.750 State highway.
“State highway” means a street, road or other right-of-way owned and maintained by the state of Alaska or the municipality, usually considered the largest within the road system and intended to provide large scale transportation over long distance. (Ord. 02-1683 § 4 (part), 2002.)
22.08.751 Sports club.
“Sports club” means a public facility used by all age groups for athletic and recreational type activities to promote overall wellness. Recreational use and activities are conducted almost wholly outdoors, including golf driving ranges (not associated with a golf course), miniature golf, firing ranges, water parks, amusement parks, yacht clubs, and similar uses. (Ord. 03-1750 § 4 (part), 2003.)
22.08.760 Story.
“Story” means that portion of a building between any floor and the next floor above or below, except that the topmost story shall be that portion of a building between the topmost floor and the ceiling or roof above it. If the finished floor level directly above a basement floor, cellar floor or unused floor space is more than six feet above grade at any point, such a basement cellar or unused floor space shall be considered a story. (Ord. 02-1683 § 4 (part), 2002.)
22.08.770 Street.
“Street” means a permanently designated right-of-way, open to general public use, which affords the principal means of access to abutting property, such as an avenue, place, drive, boulevard, highway and any other similar public thoroughfare, except an alley as defined herein. (Ord. 02-1683 § 4 (part), 2002.)
22.08.780 Structure.
“Structure” means anything including membrane structures which is constructed or erected and which is located on or under the ground or attached to something fixed to the ground not including utility poles and related ground or pad-mounted equipment, residential fences less than eight feet high, retaining walls, rockeries, and other similar improvements of a minor character less than three feet high. (Ord. 03-1746 § 4 (part), 2003; Ord. 02-1683 § 4 (part), 2002.)
22.08.785 Subdivision code.
“Subdivision code” means Title 21 of the Sitka General Code. (Ord. 02-1683 § 4 (part), 2002.)
22.08.786 Subdivision, major.
“Major subdivision” means a division of land into five or more lots, tracts or other divisions. Subdivision includes resubdivisions of previously subdivided land. (Ord. 02-1683 § 4 (part), 2002.)
22.08.787 Subdivision, minor.
“Minor subdivision” means a division of land into four or fewer lots or tracts. (Ord. 02-1683 § 4 (part), 2002.)
22.08.790 Tank farms.
“Tank farms” means any and all lots that contain one or more tanks or enclosed storage facilities with an aggregate total capacity capable of holding ten thousand gallons of a liquid or more, and designed for the purpose of containing fluids other than water. (Ord. 02-1683 § 4 (part), 2002.)
22.08.795 Temporary building or structure.
“Temporary building or structure” means a building or structure not having or requiring permanent attachment to the ground or to other structures which have no required attachment to the ground. (Ord. 02-1683 § 4 (part), 2002.)
22.08.797 Tidelands.
“Tidelands” means property along the road system submerged, periodically submerged, below mean high higher water on the seaward side of a developed street right-of-way. The tidelands are also outside of the road system and include any property currently or formerly below mean high higher water. (Ord. 02-1683 § 4 (part), 2002.)
22.08.800 Townhouse.
“Townhouse” means a building containing physically contiguous attached single-family dwelling units, each being separated from the adjoining units by an approved party wall or fire wall extending from the basement or cellar floor to the roof.
Figure 22.08.800
Townhouse Development
(Ord. 02-1683 § 4 (part), 2002.)
22.08.805 Tract or parcel.
“Tract” or “parcel” means a portion of a subdivision having fixed boundaries, not including lots. (Ord. 02-1683 § 4 (part), 2002.)
22.08.830 Use, accessory.
“Accessory use” means a use customarily incidental and subordinate to the principal use of the land, building or structure and located on the same lot or parcel of land. (Ord. 02-1683 § 4 (part), 2002.)
22.08.840 Use, principal.
“Principal use” means the main, primary or principal use of the land, buildings, or structures located on a lot or parcel of land. (Ord. 02-1683 § 4 (part), 2002.)
22.08.850 Variance.
“Variance” means the relaxation of the strict application of the terms of this title to a proposed development to be constructed in the future. This definition shall not be construed to permit any use in any district in which that use is prohibited by the district regulations. (Ord. 02-1683 § 4 (part), 2002.)
22.08.851 Vessel.
“Vessel” means a watercraft that is self-propelled or propelled manually or by wind and is used as a means of transportation in navigation or commerce on water and includes small rowboats and sailboats. (Ord. 03-1750 § 4 (part), 2003.)
22.08.853 Walkway.
“Walkway” means a hard surfaced portion of a street, right-of-way, trail, ramp or easement intended for private or public pedestrian use. (Ord. 02-1683 § 4 (part), 2002.)
22.08.854 Watchman or caretaker dwelling.
“Watchman or caretaker dwelling” means a dwelling associated with a commercial or industrial building or structure for the purpose of housing a watchman or caretaker and immediate family. (Ord. 02-1683 § 4 (part), 2002.)
22.08.855 Watercourse.
“Watercourse” means the course or route followed by waters draining from the land, formed by nature or human activity and consisting of a bed, banks, sides and associated wetlands and headwaters. A watercourse shall receive surface and subsurface drainage waters and shall flow with some regularity, but not necessarily continuously, naturally and normally, in draining from higher to lower lands. The watercourse shall terminate at the point of discharge into a larger receiving body such as a lake. Watercourses shall include sloughs, streams, creeks and associated wetlands. (Ord. 02-1683 § 4 (part), 2002.)
22.08.860 Wetland.
“Wetland” means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.
Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including but not limited to irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities. However, wetlands include those artificial wetlands intentionally created to mitigate conversion of wetlands. (Ord. 02-1683 § 4 (part), 2002.)
22.08.865 Wildlife rehabilitation centers.
“Wildlife rehabilitation centers” means centers devoted to rehabilitation of birds of prey and other wildlife, educational and tourism aspects of wildlife display, and information dissemination. (Ord. 02-1683 § 4 (part), 2002.)
22.08.870 Yard, front.
“Front yard” means a yard extending the full width of the lot across the front adjoining any public street and measured horizontally at right angles to the front lot line or future street right-of-way line. On corner lots where two streets intersect, said lot shall contain two front yard setbacks, one adjacent to each street. (Ord. 02-1683 § 4 (part), 2002.)
22.08.880 Yard, rear.
“Rear yard” means a yard extending the full width of the lot across the rear of the lot and measured horizontally at right angles to the rear lot line. (Ord. 02-1683 § 4 (part), 2002.)
22.08.890 Yard, side.
“Side yard” means a yard extending from the front yard to the rear yard and measured horizontally at right angles to the side lot line.
Figure 22.08.870, 22.08.880, 22.08.890
Yards and Setbacks
(Ord. 02-1683 § 4 (part), 2002.)
22.08.895 Zone or zone district.
“Zone” or “zone district” means a defined area of the city within which the use of land is regulated and certain uses permitted and other uses excluded as set forth in this title. (Ord. 02-1683 § 4 (part), 2002.)
22.08.896 Zoning code.
“Zoning code” means Title 22 of the Sitka General Code. (Ord. 02-1683 § 4 (part), 2002.)
Chapter 22.12
ZONING MAPS AND BOUNDARIESSections:
22.12.010 Districts established.
22.12.020 Maps.
22.12.030 Maps—Changes.
22.12.040 Maps—Replacement.
22.12.050 District boundary—Interpretation when uncertainty exists.
22.12.060 District boundary—Interpretation when street/alley vacated.
22.12.010 Districts established.
The city and borough is divided into districts as shown on the zoning maps of the city and borough which, together with all explanatory matter, are adopted by reference to be a part of this title. The districts shall be as follows:
P
Public lands district
SF/SFLD
Single-family and single-family low density residential districts
R-1 LDMH
Single-family or duplex low density or single-family low density mobile home district
R-1
Single-family and duplex residential district
R-1 MH
Single-family and duplex mobile home district
R-2
Multifamily district
R-2 MHP
Multifamily and mobile home district
CBD
Central business district
C-1/C-2
General commercial and general commercial mobile home districts
WD
Waterfront district
I
Industrial district
GI
General island district
LI
Large island district
R
Recreation district
OS
Open space district
SC
Sawmill Cove special district
(Ord. 02-1683 § 4 (part), 2002.)
22.12.020 Maps.
The use districts are bounded and defined on official zoning maps of the city and borough and identified by the signature of the mayor and attested to by the city and borough clerk. These maps are by reference made a part of this title. (Ord. 02-1683 § 4 (part), 2002.)
22.12.030 Maps—Changes.
A. No changes of any nature shall be made to the official zoning maps or matter shown thereon except in conformity with the procedures set forth in this chapter. Any unauthorized change of any kind whatsoever by any persons or person shall be considered a violation of this chapter and punishable as provided in Chapter 22.30, Article VII.
B. Regardless of the existence of proposed copies of the official zoning maps which may from time to time be made or published, the official zoning maps shall be located in the office of the planning director where they can be kept current and shall be the final authority as to the current zoning status of lands, water areas, buildings and other structures in the city and borough. The maps contained within this code are for general information only and not of sufficient detail to be relied upon.
(Ord. 02-1683 § 4 (part), 2002.)
22.12.040 Maps—Replacement.
In the event that the official zoning maps become damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the assembly, after recommendation from the planning commission, may by ordinance adopt new official zoning maps which shall supersede the prior official zoning maps. (Ord. 02-1683 § 4 (part), 2002.)
22.12.050 District boundary—Interpretation when uncertainty exists.
When uncertainty exists as to the boundaries of districts as shown on the official zoning maps, the following rules shall apply:
A. Boundaries indicated as approximately following the centerline of streets, highways or alleys shall be construed as following such centerlines.
B. Boundaries indicated as approximately following platted lot lines shall be construed as following the lot lines in effect at the time the zoning district was approved.
C. Boundaries indicated as approximately following section or section subdivision lines shall be construed as following such section or section subdivision lines.
D. Boundaries indicated as approximately following municipal limits shall be construed as following said limits.
E. Boundaries indicated as following shorelines shall be construed as following the mean high water line of that shore. In the event of change, the shoreline shall be construed as following the actual shoreline affected by that change; boundaries indicated as approximately following the centerlines of streams, rivers, lakes or other bodies of water shall be construed to follow such centerlines.
F. All areas within the city and borough limits which are underwater or tidelands and are not shown as included within any district are subject to all regulations of the upland district immediately adjacent to the tideland or underwater areas.
G. In unsubdivided property, the location of any district boundary, unless the same is indicated by dimensions shown on the same map, shall be determined by the use of a scale appearing on the map.
H. Boundaries indicated as parallel to the extensions of features indicated in subsections A through F of this section shall be construed as such. Distances not specifically indicated on the official zoning maps shall be determined by the scale of the map.
I. Where physical or cultural features existing on the ground are at variance with those shown on the zoning maps, or in other circumstances not covered by subsections A through G of this section, the planning commission shall interpret the district boundaries.
(Ord. 03-1746 § 4 (part), 2003; Ord. 02-1683 § 4 (part), 2002.)
22.12.060 District boundary—Interpretation when street/alley vacated.
Where any public street or alley is officially vacated or abandoned, the regulations for the abutting property shall apply to the area of the street or alley of such vacation. (Ord. 02-1683 § 4 (part), 2002.)
Chapter 22.16
DISTRICT REGULATIONSSections:
22.16.010 Generally.
22.16.015 Permitted, conditional and prohibited uses.
22.16.016 Accessory uses.
22.16.020 P public lands district.
22.16.030 SF/SFLD single-family residential and single-family low density residential districts.
22.16.035 R-1 LDMH single-family or duplex low density or single-family low density mobile home district.
22.16.040 R-1 single-family and duplex residential district.
22.16.045 R-1 MH single-family, duplex and mobile home zoning district.
22.16.050 R-2 multifamily residential district.
22.16.060 R-2 MHP multifamily and mobile home district.
22.16.070 CBD central business district.
22.16.080 C-1 general commercial district or C-2 general commercial mobile home district.
22.16.100 WD waterfront district.
22.16.110 I industrial district.
22.16.120 GI general island district.
22.16.135 LI large island district.
22.16.150 R recreation district.
22.16.160 OS open space zone.
22.16.170 SC Sawmill Cove special zone.
22.16.010 Generally.
Lot sizes, setbacks, uses and development standards listed herein shall be considered the minimum standards allowable. The following shall consist of the zoning districts of the city and borough. (Ord. 02-1683 § 4 (part), 2002.)
22.16.015 Permitted, conditional and prohibited uses.
The use of a property is defined by the activity for which the building or lot is intended, designed, arranged, occupied, or maintained. Each lot or parcel in single-family and related zones shall contain only one principal use as defined by the use tables in this chapter. Multifamily and commercial zones may contain up to three principal uses. Other uses on the lot or parcel may be permitted accessory uses or conditional uses. All applicable requirements of this code, or other applicable state or federal requirements, shall govern a use located in the city and borough of Sitka.
The land use tables contained in this chapter determine whether specific uses are permitted as principal (P) or conditional (C) uses. Each table lists the zoning districts in the vertical columns and the land use activities in the horizontal rows. If no symbol appears in the box at the intersection of a row and column, the use is not allowed and is prohibited unless otherwise noted. In general, prohibited use shall be as follows:
A. Any use or structure not of a character indicated under permitted principal, accessory or conditional uses;
B. Any use which causes, or may be reasonably expected to cause, an excessive disturbance not in keeping with the character and stated intent of this district. “Excessive” is defined for these purposes as a degree exceeding that generated by uses permitted in the district in their customary manner of operation or to a degree injurious to the public safety, health, welfare or convenience.
If the letter “P” appears in the box, the use is permitted outright subject to the provisions of the code. If the letter “C” appears in the box, the use is a conditional use subject to review and approval including site plan approval. If the box contains a number, there will be a corresponding footnote further specifying the conditions applicable to the use in the zone.
If the letter “P,” “C,” or another notation does not appear in the box, the use is prohibited.
The SC/SCS Sawmill Cove special district was specifically developed to allow for a wide range of flexible uses on the site. When the site was acquired, it was recognized that a number of appropriate uses may surface that could not be anticipated. Appropriate and inappropriate uses could be regulated through lease agreements and sales agreements that must be approved by the municipality. As a result, the SC/SCS use tables shall function differently from the manner outlined above.
Any uses, except retail uses and business services uses, may be approved, without a requirement of a zoning ordinance amendment, by simple motion of the assembly. Those uses must specifically be listed in approved lease or sales documents. The listing of the uses in Table 22.16.015-1 through 22.16.015-5 shall serve as a guide to the assembly for those uses.
Retail uses and business services uses that are permitted uses, conditional uses, or prohibited uses on the site are governed by Table 22.16.015-6. This use table is binding on the owners and the operators in the Sawmill Cove Industrial Park. No changes to this table shall be made without a zoning ordinance text amendment that follows the full procedures in Chapter 22.30, Zoning Code Administration, of this code.
As outlined in Section 22.16.110, the I industrial zone is intended for industrial and heavier commercial uses. The zone also contains a number of heavy public uses as permitted and conditional uses. Additional conditional uses may be approved by the assembly, through the conditional use process, even though they may not be specifically listed as permitted or conditional uses in the following table.
Table 22.16.015-1
Residential Land UsesZones
P(1)
SF
SFLD
R-1
R-1 MH
R-1 LDMH
R-2
R-2 MHP
CBD (11, 12)
C-1 (11)
C-2 (11)
WD (2, 11)
I
GI
(3, 10)LI(3)
R
OS
SC
RESIDENTIAL
• Single-family detached
P
P
P(4)
P(4)
P(4)
P(4)
P(4)
P
P
P
P
P
P
P
• Townhouse
C(5)
C(5)
C(5)
C(5)
C(5)
C
P
P
P
C
C
• Duplex
P
P
P
P
P
P
P
P
P
• Multiple-family
C(5)
C(5)
C(5)
P(5)
P(5)
P(5,8)
P(5)
P(5)
P(5)
C
C
• Single mobile home on an individual lot
P
P
P
P
C
C
• Mobile home park
P
P
P
GROUP RESIDENCES
C
C
• Assisted living
C
C
C
C
C
• Bunkhouse for transient workers
C
C
C
C
• Dormitory
C(4)
C
C
• Quasi-institutional
C
C
C
C
C
C
C
C
P
TEMPORARY LODGING
• Hostel
C
C
P
P
P
• Hotel/motel
P
P
P
P
PU/ CS
C
C
• Bed and breakfast
C(7)
C(7)
C(7)
C(8)
C(8)
P
P
P
P
P
C
• Short-term rental
C
C
C
C
C
P
P(9)
P(9)
P(9)
P
C
P(9)
• Rooming house
C
C
C
P
P
P
C
C
• Lodge
P
P
P
PU/ CS
C
• Limited storage
C(6)
C(6)
C(6)
C(6)
C(6)
P
C
P
P: Public Lands District C-1/C-2: General Commercial and General Commercial/
SF: Single-Family District Mobile Home Districts
SFLD: Single-Family Low Density District WD: Waterfront District
R-1: Single-Family/Duplex District I: Industrial District
R-1 MH: Single-Family/Duplex/Mobile Home District GI: General Island District
R-1 LDMH: Single-Family/Duplex and Single-Family/Mobile Home LI: Large Island District
Low Density Districts R: Recreational District
R-2: Multifamily District OS: Open Space District
R-2 MHP: Multifamily/Mobile Home District SC: Sawmill Cove Special District
CBD: Central Business District
P—Permitted
C—Conditional Use Permit Required
PU/CS—Permitted on Unsubdivided Islands and Conditional Use on Subdivided Islands
C. Residential Uses Table 22.16.015-1 Footnotes.
1. Public facilities not otherwise identified may be permitted in the public zone subject to planning commission recommendation and assembly approval subject to findings of fact that show the use is in the public interest; all reasonable safeguards are to be employed to protect the surrounding area; and that there are no reasonable alternative locations for the use.
2. All uses in the waterfront district are intended to be water-related or water-dependent except that upland uses may be non-water-related.
3. Uses listed as conditional uses in the GI and LI zones may be considered, but not necessarily approved, on a case-by-case basis.
4. Including zero lot developments.
5. Townhouse, cluster housing developments and planned unit developments are conditional uses subject to this title and Title 21 of this code, Subdivisions.
6. On-site storage of commercial fishing vessels, fishing equipment and other small business equipment is a permitted conditional use so long as such storage does not occupy more than four hundred square feet.
7. Bed and breakfast establishments are limited to three guest rooms in the R-1, R-1 MH, and R-1 LD districts as conditional uses only when no other rental such as apartments is in operation on the same lot.
8. Bed and breakfast establishments are limited to five guest rooms in the R-2, R-2 MHP districts as conditional uses only when no other rental such as apartments is in operation on the same lot.
9. Short-term rentals including legal nonconforming uses shall provide two off-street parking spaces per unit, comply with the municipal fire code, and comply with the requirements of the building department based on a life safety inspection.
10. Hotels, motels, lodges, boarding houses and bed and breakfasts capable of accommodating a maximum of six persons plus one person for each one-half acre or fraction thereof above one acre on unsubdivided islands are permitted principal uses. All others are conditional uses. Or, bed and breakfast establishments and boarding houses are permitted principal uses. Hotels, motels and lodges are conditional uses.
11. Many of the permitted and conditional uses in the CBD, C-1, C-2, and WD zones generate traffic, noise, odor, and general impacts to a higher level and greater degree than permitted and conditional uses in residential districts. Owners of residential uses in the CBD, C-1, C-2 and WD districts must be aware of and accepting of all the permitted uses in these districts.
12. Single or multiple apartments shall only be permitted on the first floor of structures in the CBD district if approved through the conditional use process. Single and multiple apartments are permitted uses on upper floors of structures in the CBD district.
13. Notwithstanding any other provision of law, the assembly shall not grant between April 16, 2006, and April 16, 2007, conditional use permits for short-term rentals in R-1 or related zones and R-2 or related zones. The moratorium described in the previous sentence means that during that moratorium it shall be illegal to rent out a single dwelling unit in R-1 or related zones or in R-2 or related zones for less than fourteen consecutive days for money or other valuable consideration unless a conditional use permit for that use has been previously obtained or the short-term rental has been in existence before the short-term rental regulations in the zoning ordinance.
Table 22.16.015-2
Cultural/Recreational UsesZONES
P(1)
SF (7)
SFLD(7)
R-1 (7)
R-1 MH (7)
R-1 LDMH (7)
R-2 (7)
R-2 MHP(7)
CBD
C-1
C-2
WD(2)
I
GI(3)
LI(3)
R
OS
SC
<
