Chapter 17.48
SUPPLEMENTARY USE REGULATIONS
Sections:
17.48.020 Use of land and buildings.
17.48.030 Classification of new and unlisted uses.
17.48.040 Yards and setbacks generally.
17.48.050 Building heights generally.
17.48.060 Permitted home occupations.
17.48.070 Fences, walls and hedges.
17.48.080 Visibility at intersections.
17.48.100 Off-street parking requirements.
17.48.110 Off-street loading requirements.
17.48.120 Use of mobile homes outside of mobile home courts.
17.48.130 Raising of livestock.
17.48.140 Temporary land use permits.
17.48.150 Small wind generation systems.
17.48.010 Application.
In addition to regulations indicated for individual districts in Chapters 17.12 through 17.46, the regulations in this title apply in individual districts, groups of districts or all districts as indicated. (Prior code § 30-30)
17.48.020 Use of land and buildings.
Subject to the provisions of Chapter 17.52 of this title, no land hereafter will be used, and no building or structure shall hereafter be erected, altered or converted, which is arranged or designed or used for other than those uses specified for the district in which it is located, as set forth in Chapters 17.12 through 17.46. Uses, buildings or structures permitted in a district shall also conform with all other applicable sections of this title. (Prior code § 30-31)
17.48.030 Classification of new and unlisted uses.
Should the community development coordinator or assigned designee determine that a requested use of land or of a building or structure does not appear in the district regulations as a permitted, conditional or prohibited use, the director or designee shall refer the request to the city planning and zoning commission who, upon written decision, may allow the unlisted use within a district providing that each unlisted use meets all of the following criteria:
A. The use is not specifically permitted in any other district;
B. The use is not more appropriate in another district; and
C. The use is consistent with the purpose of the district in question, and is similar to other uses permitted outright. (Prior code § 30-32)
17.48.040 Yards and setbacks generally.
The following regulations supplement, define and restrict the meaning and intent of the yard and setback provisions set forth in this title:
A. Where setbacks are required, they shall be open and unobstructed. Fences, driveways, paved parking lots, and other nonobstructing uses of the property are permitted within the setback zone.
B. Unroofed landings, ramps, steps and decks may project into required front and rear yards only; provided, that no portion other than a handrail shall extend higher than eighteen inches above the finished grade level. Window sills, belt courses, cornices, eaves, and similar incidental architectural features may project not more than three feet into any required yard.
C. The planning and zoning commission will consider the projection into a setback of a second story, or higher, deck on an individual basis through the variance application process.
1. Variances on deck projections will not be approved for a setback where the setback is also an easement.
2. Deck projections will be limited to support and foundation beams only. No enclosed decks will be approved.
3. Deck projections must remain a minimum of five feet from any property line. (Ord. 07-13 § 2: Ord. 95-16 § 1: prior code § 30-33)
17.48.050 Building heights generally.
The following regulations supplement, define and restrict the meaning and intent of the building height provisions set forth in this title:
A. Measurement of Building Height. The vertical distance measured from the average level of the highest and lowest portion of the building site covered by the building to:
1. If the roof is flat, the highest point;
2. If a mansard roof, the deck line;
3. Where no roof beams exist, or there are structures partly or wholly above the roof, the highest point of the building;
B. Exempted Structures. Roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building; fire or parapet walls, skylights, towers, flagpoles, chimneys, smokestacks, wireless masts or similar structures and necessary mechanical appurtenances may be erected above the permitted height limit of buildings, but shall not be for the purpose of providing additional floor space.
C. Provision of Automatic Fire Extinguishing System. Buildings may exceed thirty-five feet in height in any district with the provision of an approved automatic fire extinguishing system. (Prior code § 30-34)
17.48.060 Permitted home occupations.
Occupations conducted in a dwelling unit shall be permitted accessory uses in the districts specified in Chapters 17.12 through 17.46, provided that:
A. Home occupations are allowed only after issuance of a special permit by the city manager or designee;
B. The use of the dwelling unit for the home occupation shall be clearly incidental and secondary to its use for residential purposes by its occupants in conformance with the following:
1. Bed and breakfast operations shall not exceed five guest bedrooms subject to the total occupant load of the dwelling, not to exceed ten occupants, and the off-street parking requirements specified in Section 17.48.100 must be met. The occupant load shall be determined by using an occupant load factor of two hundred square feet per occupant. (Per 1994 UBC Table 3-A) [Note: citation for reference only. Current version of adopted code will govern.]
2. Foster family care may use up to fifty percent of the dwelling unit’s floor area.
3. All other home occupations shall not use more than twenty percent of the dwelling unit’s floor area.
C. Home occupations may only be conducted at the principal place of residence of the permittee.
D. No more than one person not residing within the premises may be employed to provide services to the home occupation.
E. There shall be no visible evidence of the conduct of such home occupation other than one sign as specified in Section 17.48.090. No change to the outside of the building or premises shall be made for the purpose of accommodating or enhancing the home occupation that would change the residential character of the building or premises.
F. No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated shall meet the off street parking requirements as specified in Chapters 17.12 through 17.46 for that area of the dwelling unit employed for the home occupation.
G. No equipment or process shall be used in such home occupation, except such as is customarily found in a dwelling, which creates noise, vibration, glare, fumes, odors or electrical interference detectable of the lot if the occupation is conducted in an single-family residence, or off the premises if the occupation is conducted in a two-family or multiple-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interferences in any radio or television receivers off the premises, or causes fluctuation in line voltage off the premises.
H. Home occupations, if in conformance with all provisions of this title, that will be permitted include, but are not limited to, the following:
1. Art studios, music teachers;
2. Dressmaking, tailors;
3. Office of an attorney, engineer, insurance salesman;
4. Bed and breakfast homes;
5. Barbershops and beauty shops.
Examples of occupations (businesses) that would not be permitted as home occupations would include but are not limited to welding shops, prefabrication shops, and similar uses.
I. No home occupation shall constitute a nuisance.
J. Home occupation permits must be renewed annually. Renewal of permits shall be withheld if applicant is in arrears with any city accounts.
K. The city shall complete an initial on-site life safety inspection for a home occupation permit for a bed and breakfast home in accordance with the following:
1. For bed and breakfast home occupations permitted as of March 16, 1998, the permittee shall obtain the certification from the city prior to the renewal of the home occupation permit for the calendar year 1999.
2. For new applicants for bed and breakfast home occupation permits, after March 16, 1998, the inspection must be completed prior to issuance of the permit.
3. All permittees shall be required to include a signed affidavit with subsequent permit renewal applications to verify that changes have not been made that would invalidate the initial life safety inspection. Random inspections for cause may be conducted by the city thereafter.
4. The life safety inspection shall focus on the verification of the building’s conformance to the following building code requirements:
a. Egress requirements: Section 310.4 UBC, 1994;
b. Hand rails/stairways: Section 1006.2, .3, .7, .9 and .15 UBC, 1994;
c. Smoke detectors: Section 310.9 UBC, 1994;
d. Emergency lights: Section 1012.1 UBC, 1994;
e. Fire extinguishers: Section 1002 UBC, 1994. [Note: Citations are for reference only. Current version of adopted code will govern.]
The inspection fee shall be determined by city council resolution. (Ord. 98-03 § 3: Ord. 93-21 § 1; prior code § 30-35)
17.48.070 Fences, walls and hedges.
Property line fences and walls not exceeding six feet in height may occupy any portion of a side or rear yard in residential districts, except as provided in Section 17.48.080 and also, provided that such fence, wall or hedge is proposed to project into the front yard area, the following further restrictions shall apply:
A. Any fence, wall or hedge may not exceed four feet in height along the side yard within the front yard setback or along the front property line.
B. No such appurtenance shall be erected or maintained on public property beyond the front property line of any lot or parcel except for masonry or concrete retaining walls, and then only to a height not exceeding six inches above the grade such wall is constructed to retain. (See Section 301(b) of the Uniform Building Code for retaining wall requirements.) (Prior code § 30-36)
17.48.080 Visibility at intersections.
On corner lots no fence, wall, hedge or other planting or structure that will impede visibility between a height of two feet six inches and eight feet above the centerline grade of the intersecting streets shall be erected, planted, placed or maintained, and no vehicle so impeding visibility shall be parked within the triangular area formed by the right-of-way lines at such corner lots and a straight line joining such right-of-way lines measured along such lines. If the relation of the surface of the lot to the street is such that visibility is already obscured, nothing shall be done to increase the impediment to visibility within the vertical and horizontal limits set forth above. (Prior code § 30-37)
17.48.090 Signs.
A. General Provisions.
1. All signs will conform to the Uniform Sign Code, 1994 Edition.
2. All signs whether they are attached to a structure or are freestanding shall be so located as to conform to minimum yard requirements and maximum height requirements of the district in which the sign is located. A sign permit shall be obtained from the building official before any sign is installed in any district, except for those signs exempted from the permit requirement by the terms of the Uniform Sign Code as adopted in this code.
B. Size.
1. The surface area of a sign shall be computed as including the area comprising the entire display but not including forming parts of the display such as frames or standards. The standard area permitted is the total for all signs on the premises unless otherwise provided or excepted.
2. In residential districts, the following type and size of signs are permitted:
a. One nonilluminated sign on a dwelling unit not exceeding two square feet giving the name of a home occupation, located flat against the wall of the principal building.
b. One announcement sign or bulletin board not exceeding twenty square feet for a church, school or public or charitable institution. Such sign shall be located at least five feet back from the front property line and on the same lot as the principal building.
c. One sign not exceeding six square feet in area for the purpose of advertising the sale or lease of a building or premises.
d. When a residential lot abuts on more than one street, one such sign may face each street, providing no sign at or near the intersection may obstruct free and clear vision of such involved streets. No sign shall be located within twenty-five feet of any street intersection.
e. For nonconforming commercial uses, day nurseries and kindergartens, one sign, not exceeding six square feet in area, to be located flat against the wall of the principal building, or more than twenty feet from the front lot line and more than ten feet from side or rear lot lines.
3. In commercial or industrial districts, the following type and size of signs are permitted:
a. If there is one business establishment in a building, that business may have three signs, the total of which shall not exceed thirty-two square feet in area. No more than one of such signs shall be placed on any one face of the building.
b. If two or more business establishments are located in the same building, each business may have two signs, the total of which shall not exceed thirty-two square feet in area. No more than one sign for any business shall be placed on any one face of the building.
c. In addition to the above, .02 square feet of sign size per each square foot of gross floor area is allowed per building size up to a maximum of three percent of the building square footage.
d. Signs directing and guiding traffic and parking on public or private property, but bearing no advertising matter.
C. Notices and Warning Signs. Notices and warning signs of not more than one square foot in area, such as vacancy, no trespassing, beware of dog, etc., shall be permitted in any zoning district.
D. Political Signs. Political signs are allowed in residential, commercial and industrial zoning districts in accordance with the terms of this subsection. Political signs shall not exceed thirty-two square feet in area nor be placed on a public property or rights-of-way. Such signs may be displayed only for a period of ninety days prior to any primary or general election. All political signs must be removed within one week following the relevant election, provided that signs erected for any primary election that remain relevant to the following general election may be maintained for the period between the elections. For the purpose of this subsection, “political signs” shall be defined as any sign used for the purpose of advertising or promoting a political party, candidate, initiative, referendum or proposition for voter approval at a forthcoming election. Political signs, pursuant to this subsection, shall not be required to have a permit.
E. Commercial Marijuana Signs. Commercial marijuana facilities are subject to the requirements of this section to the extent that they are more restrictive than those set out in 3 AAC 306.360. (Ord. 16-04 § 10: Ord. 96-32 § 1; prior code § 30-38)
17.48.100 Off-street parking requirements.
There shall be provided at the time of the construction of any main building or at the time of the alteration, enlargement or any change in use of any main building, permanently maintained off-street parking facilities for the use of occupants, employees or patrons of such building. It shall be a violation of this title to begin or maintain such altered use until such time as the increased off-street parking or loading requirements are complied with. It shall be the responsibility of the owner of any main building or structure to provide, and thereafter maintain, these facilities. No existing parking area, and no parking area provided for the purpose of complying with the provisions of this title, shall hereafter be relinquished or reduced in any manner below the requirements established in this title. Off-street parking areas used to fulfill the requirements of this title shall not be used for loading and unloading operations except during periods of the day when not required to care for parking needs. The following minimum off-street parking facilities shall be provided except as noted elsewhere in this section:
A. Dwelling.
1. For each dwelling unit up to and including a four-family dwelling: two private parking spaces for each dwelling unit.
2. For multiple dwellings containing five or more units: one and one-half parking spaces for each dwelling unit.
3. Bed and breakfast home: one space for each two guest rooms plus the number of spaces required for the dwelling units.
B. Buildings Other Than Dwellings.
1. Automobile repair garage, service station or dealership: four parking spaces for each service stall or facility; provided, that all vehicles in the custody of the operator of the business for service, repair, storage, sale or other purposes shall be stored on the premises or on a separate vehicle parking lot and shall not be parked on a public right-of-way.
2. Bank, office building, professional office or clinic: one public parking space for each three hundred square feet of gross floor area, but not less than five spaces.
3. Bowling alley: four public parking spaces for each alley or lane.
4. Churches: one public off-street parking space for each three seats, based on maximum seating capacity.
5. Convalescent hospital, nursing home, sanitarium, rest home, home for the aged: one space per four beds for patients or residents.
6. Dancehall, community building, assembly hall or fraternal organization hall: one public parking space for each two hundred square feet of gross floor area.
7. Food market, grocery store or shopping center: one public parking space for each two hundred square feet of gross floor space.
8. General, high school or college auditorium, theater, or eating and drinking establishment: one public parking space for each three seats, based on maximum seating capacity, or one space for every four hundred square feet of gross floor area.
9. Hospital: one public parking space for each bed, based on maximum capacity.
10. Hotel/motel: one private parking space for each guest unit or room plus one per two employees.
11. Industrial and manufacturing establishment in which there are more than five employees and officers: one public parking space for each four hundred square feet of gross area or for every three employees, whichever results in the maximum number of parking spaces.
12. Launderette: one public parking space for each two washing machines.
13. Library: one space for each four hundred square feet of floor area plus one space for each two employees.
14. Medical and dental clinic: one space per three hundred square feet of floor area plus one space per two employees.
15. Mortuaries: one space per six seats or eight feet of bench length in chapels.
16. Retail store or service shop: one public parking space for each three hundred square feet of retail floor area.
17. Boardinghouse: spaces equal to eighty percent of the number of guest accommodations plus one additional space for the owner or manager.
18. Service or repair shop, retail store handling exclusively bulky merchandise such as automobiles and furniture: one space per six hundred square feet of floor area.
19. Tour-related hotel/motel or rest accommodations for bus or boat tours with overnight or weekend stays: one space per three hundred square feet of commercial floor area.
20. Warehouses and storage buildings: one public parking space for each employee, but not less than two parking spaces.
21. Welfare or correctional institution: one space per six beds for patients or inmates.
22. Wholesale establishment: one space per employee plus one space per seven hundred square feet of patron-serving area.
C. Handicapped Parking Requirements.
1. The following minimum off-street handicapped parking facilities shall be provided in all zones:
|
Total Car Spaces in Parking Area
|
|
Handicapped Stalls Required
|
|---|---|---|
|
6—30 |
|
1 |
|
30—60 |
|
2 |
|
60—90 |
|
3 |
|
90—120 |
|
4 |
|
over 120 |
|
5 |
2. Handicapped car spaces shall be at least twelve feet wide. Each space shall be identified by a sign, at least eight feet above grade, noting that the space is reserved for physically handicapped individuals. All handicapped car spaces shall be within two hundred feet of an entrance that is accessible to handicapped individuals.
D. Mixed Uses. Off-street parking and loading spaces may be provided jointly for separate uses. In all cases, the total number of spaces may not be less than the sum of the separate requirements for each use and must comply with all regulations governing the location of accessory spaces; except, that in the case of hotel or motel which also has located on its premises a restaurant and either a beer parlor, nightclub or bar, the number of spaces required shall be limited to the highest number required by any single use of the premises.
E. Joint Uses—Use of Parking Spaces by More Than One Establishment. Notwithstanding the previous subsection, required parking spaces may serve more than one establishment on the same parking lot; provided, that sufficient evidence is presented which shows that the normal hours of operation of such establishments do not overlap. Approval must be sought through the variance or conditional use procedures of Chapter 17.50 of this title.
F. Unspecified Uses. In the case of a use not specifically mentioned in this section, the requirements for off-street parking facilities shall be the same as the use mentioned in the preceding subsections which, in the opinion of the city manager or designee, are most similar.
G. Location of Off-Site Parking Facilities. Off-site parking facilities must be located within four hundred feet of the use to which they are accessory, measured from nearest point to nearest point, provided that they conform to all district regulations.
H. Use of Parking Spaces. Required parking spaces shall be available for the parking of passenger automobiles of residents, customers, patrons and employees only, and shall not be used for storage of vehicles or materials or for the parking of trucks used in conducting the business or use.
I. Design and Improvement Standards for Parking Lots.
1. Areas used for parking for more than two vehicles shall be graded and surfaced with a crushed stone, gravel, or other suitable material that will provide for a surface that is stable and allowed to reduce dust and erosion.
2. Except for parking in connection with dwelling, parking and loading areas adjacent to or within a residential zone or adjacent to a dwelling shall be designed to minimize disturbance to residents by the erection between the uses of sight-obscuring fence or planted screen of not less than five feet in height except where vision clearance is required.
3. Parking spaces along the outer boundaries of a parking lot shall be contained by a bumper rail or by a curb which is approved by the community development director or designee at least four inches high and which is set back a minimum of one and one-half feet from the property line. All angled parking spaces will also be marked by a curb or some type of block or pavement marking to indicate each space.
4. Artificial lighting which may be provided shall not shine or create glare in any residential zone or any adjacent dwelling.
5. Access aisles shall be of sufficient width to permit easy turning and maneuvering. See subsection (J)(3) of this section.
6. Service drives to off-street parking areas shall be designed and constructed both to facilitate the flow of traffic and to provide maximum safety for vehicles and pedestrians.
7. Access to off-street parking areas must be limited to several well-defined locations and in no case shall there be unrestricted access along the full length of the street. Public parking areas or streets shall not be counted toward the required off-street parking by this title, unless otherwise specified in this title.
J. Size and Access of Required Parking Space or Area. For all required parking, the following typical layout standards shall be applied.
1. Parking at Ninety Degrees.
a. One-way aisle:
b. Two-way aisle:
2. Angled Parking at Forty-Five Degrees or Sixty Degrees:
a. Single aisle:
b. Multiple aisle:
3. Summary of Parking Dimensions.
|
Parking Angle |
Aisle Width One-Way |
Aisle Width Two-Way |
Stall Width |
Stall Depth |
Wheel Curb Offset |
|---|---|---|---|---|---|
|
Parallel parking |
12'0" |
- |
8'0" |
23'0" |
2'0" |
|
45° |
14'1" |
- |
8'0" |
19'1" |
2'0" |
|
60° |
19'0" |
- |
8'0" |
19'0" |
2'0" |
|
90° |
12'0" |
29'0" |
8'0" |
19'0" |
2'0" |
(Ord. 94-08 § 1; prior code § 30-39)
17.48.110 Off-street loading requirements.
A. Generally. The provisions and maintenance of off-street loading spaces is a continuing obligation of the property owner. No building or structure other than residential dwellings shall be erected, nor shall an existing building or structure be altered in any use district without prior provision for off-street loading space in conformance with the following minimum requirements:
1. Types of Loading Berths. Required off-street loading space shall be provided in berths which conform to the following minimum specifications.
|
Uses |
Square Feet of Floor Area |
Off-Street Loading Space Required |
|
Schools |
Up to and for each additional 15,000 |
1 |
|
Hospitals (in addition to space for ambulance) |
For 10,000—300,000 |
1 |
|
|
For each additional 300,000 or major fraction thereof |
1 |
|
Commercial |
2,500—25,000 |
1 |
|
Wholesale |
25,000—40,000 |
2 |
|
Manufacturing |
40,000—60,000 |
3 |
|
Storage |
60,000—100,000 |
4 |
|
|
For each additional 50,000 or major fraction thereof |
1 |
2. Size and Location. Each loading space must be not less than ten feet in width, twenty-five feet in length and fourteen feet in height, and may occupy all or part of a required yard. There must be adequate ingress and egress, and the loading or unloading shall be done in a manner which will not interfere with any public roadway or sidewalk.
B. Uses Not Specifically Mentioned. In the case of a use not specifically mentioned, the requirements for off-street loading facilities shall be the same as the above-mentioned use which, in the opinion of the city manager or designee, is most similar.
C. Concurrent Different Uses. When any proposed structure will be used concurrently for different purposes, the larger loading space size shall be required.
D. Location of Required Loading Facilities. The off-street loading facilities required for the uses mentioned in this title shall be on the same lot or parcel of land as the structure they are intended to serve. In no case shall the required off-street loading space be part of the area used to satisfy the off-street parking requirement.
E. Manner of Using Loading Areas. No space for loading or unloading of vehicles shall be so located that a vehicle using such loading space projects into any public street, except in the case of a loading space located in the rear of the lot utilizing part of an alley. Loading spaces shall be provided with access to an alley, or if no alley adjoins the lot, with access to a street. Any required front, side or rear yard must be used for loading unless otherwise prohibited by this title. Design and location of entrances and exits for required off-street loading areas shall be subject to the approval of the director of the community development department.
F. Modification of Requirements. The planning and zoning commission may modify the off-street loading requirements as they apply to any individual case only for good cause and they shall set reasonable safeguards and conditions to insure that any such modification conforms to the intent of this title. Modification may only be granted if it is demonstrated to the satisfaction of the planning and zoning commission that loading operations of the use or structure in question will not interfere with pedestrian or vehicular traffic on any public street.
G. Signs. The owners of the property shall provide, locate and maintain loading signs as specified by the city manager or designee. Such signs shall not be counted against otherwise allowed sign areas. (Prior code § 30-40)
17.48.120 Use of mobile homes outside of mobile home courts.
Generally. No mobile home used for sleeping, living or business purposes shall be allowed outside an approved mobile home court except as follows:
A. On a construction project, recreation site or industrial property where the temporary services of a watchman are required, a mobile home may be used for temporary living or work space upon approval of the planning and zoning commission.
B. In any industrial zone, a mobile home may be occupied as a living accommodation for a watchman or security officer upon approval of the planning and zoning commission.
C. The exceptions set forth in subsection A and B of this section allow only the occupancy by the watchman or security officer.
D. Except as permitted in this section, no trailer or mobile home shall be stored on, or used for residence purposes on, any mobile home, single-family, two-family or multifamily residential lot within the city.
1. Mobile homes may be used for residence purposes on mobile home zoned residential lots as permitted by the zoning regulations in this title.
2. It shall be permissible to maintain a temporary residence in a mobile home in a single-family, two-family and multifamily residential areas under the following terms and conditions:
a. No mobile home shall be occupied as a temporary residence, except where a permit for that purpose has been issued by the city. Any such permit shall be issued without charge to the lot owner and cannot be assigned for use by anyone else.
b. A mobile home or similar quarters may be used as temporary living facilities only during the time that permanent living facilities are being constructed on the premises if the following conditions are met:
i. A building permit has been issued for the permanent living facility;
ii. The permanent foundation for the permanent dwelling has been installed; and
iii. The use of the temporary living structure quarters will not exceed a period of one year.
c. Not less than thirty days after expiration of the permit, whether such permit expired by its terms or upon notice by the city, the use of any such mobile homes for residence purposes shall be discontinued.
d. No mobile home or similar facility shall be incorporated into, or annexed to, any permanent living facility on any single-family, two-family or multifamily residential lot within the city.
e. Should the holder of the permit fail to abide by the provisions of this section, including failure to discontinue residence use of any temporary facility within thirty days after the expiration of the permit, then the city, in addition to all other remedies provided by law, may enter upon the premises and may secure compliance by removal of the structure if necessary. The cost of such removal shall be and become a lien against such premises to be collected through the same manner as obligations which are collected through tax liens.
3. Trailers up to twenty-one feet in length may be stored or parked on residential lots; provided, that they are located at least fifty feet from front property line and do not encroach on the side and rear setbacks required by the zoning regulations of the city. Trailers stored or parked on residential lots may not be used for living facilities. (Prior code § 30-41)
17.48.130 Raising of livestock.
The raising of livestock when allowed as a permitted use shall comply with the following:
A. The number of large livestock does not exceed two;
B. The number of small livestock does not exceed three;
C. The number of barnyard fowl does not exceed twenty-four;
D. An approved surface water drainage plan is submitted;
E. An approved manure disposal plan is submitted;
F. The manure storage pile and corral are located at least one hundred feet from any private well;
G. The manure storage pile shall not be closer than twenty-five feet from any property line;
H. The corral will be set back a minimum of five feet from the property line;
I. The number of animals permitted in subsections A, B and C of this section shall not be exceeded without an approved conditional use permit. (Ord. 96-19 § 5)
17.48.140 Temporary land use permits.
A. This chapter applies to interim, nonpermanent, and/or seasonal uses of land including but not limited to events, races, carnivals, concerts, outdoor sales events, markets, off-site construction yards, and similar uses. No person shall conduct, operate, maintain, or organize any use regulated by this chapter and no person shall allow the use of their premises for such a use without first obtaining a temporary land use permit in accordance with this chapter.
B. City-Owned Land. Temporary land use permits shall be required for all interim, nonpermanent, and/or seasonal uses of city-owned land whether conforming or nonconforming except as otherwise provided herein.
C. Private, Federal, or State-Owned Land. Temporary land use permits shall be required for all interim, nonpermanent, and/or seasonal uses on private, federal, or state-owned land that do not conform with permitted uses within the zoning district where the temporary use will occur.
D. The following temporary uses are exempt from the requirement for a temporary land use permit:
1. City use of city-owned property.
2. On-site construction yards:
a. On-site construction yards, in conjunction with an approved construction project on the same parcel.
b. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the building permit authorizing the construction project, whichever first occurs.
3. Emergency public health and safety land use activities, as determined by resolution of the city council, or authorized under an emergency declaration.
4. Events or uses for a duration of less than ten days held at the following facilities:
a. City of Valdez Civic Center.
b. City of Valdez Parks.
c. Kelsey Dock.
d. Valdez Airport.
5. Garage or yard sales (e.g., personal property sales) in residential zoning districts in compliance with the following standards:
a. Only one garage or yard sale may be conducted within any one-month period and the sale shall be limited to not more than three consecutive days or to two consecutive weekends not to exceed four days in all.
b. The sale shall not be conducted between the hours of eight p.m. of any day and seven a.m. of the following day.
c. The sales shall not encroach or be made on or from public streets or rights-of-way. No licensed retail or wholesale dealer shall be allowed to consign or offer for sale any goods or merchandise or participate in any private sale authorized by this subsection.
E. An application for a temporary land use permit shall be filed with the planning department in the following manner:
1. Applications for temporary land use permits shall be submitted utilizing a form prepared by the planning department.
2. The application shall include all information required on the application form and shall be accompanied by a detailed description of the proposed use along with plans for any temporary structures or alterations to the property.
3. Complete applications for short-term permits must be submitted at least fourteen days before the date that the proposed temporary use is scheduled to take place in order to ensure applications are processed in time.
4. Complete applications for long-term permits must be submitted at least forty-five days before the date that the proposed temporary use is scheduled to take place in order to ensure applications are processed in time.
F. The following requirements apply to both short-term and long-term temporary land use permits:
1. For permits on city-owned land, permittee shall maintain liability insurance as set forth herein naming the city as an additional insured party with a waiver of subrogation endorsement in favor of the city for the duration of the permit and shall provide proof of the same prior to beginning the proposed temporary use. Minimum insurance requirements are as follows:
a. General Liability. Covering the permittee and the city for any and all claims for personal injury, bodily injury (including death) and property damage (including environmental degradation or contamination) arising from any activity occurring as a result of this temporary land use permit agreement.
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Minimum limits: |
$1,000,000 each occurrence |
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$100,000 damage to rented premises |
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$5,000 medical payments |
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$1,000,000 personal and advertising injury |
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$2,000,000 general aggregate |
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$2,000,000 products and completed operations aggregate |
b. Auto Liability (If Applicable). Permittee shall maintain business auto liability insurance covering liability arising out of any auto (including owned, hired, and non-owned autos).
c. Minimum limits: one million dollars combined single limit each accident.
Where workman’s compensation insurance is required under state or federal law the city may require proof of such insurance.
In the discretion of the planning director, event insurance may be accepted for short-term permits. Upon a showing of good cause, in the discretion of the planning director, insurance policies not fully conforming with the minimum requirements set forth herein may be accepted where the nature of the use under the temporary land use permit poses a low risk of liability for the city. For permits on private, state, or federally owned land, the planning director may require insurance as a condition of permit approval;
2. Use of the property under the permit shall not constitute a nuisance, substantially interfere with the use and enjoyment of adjacent property, or adversely impact public access or city operations;
3. The proposed property shall be adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use is reasonably expected to generate;
4. Adequate temporary parking to accommodate vehicular traffic generated by the use shall be available either on the property or at alternate locations acceptable to the city;
5. All permits must be for a fixed period of time identified in the permit;
6. No permanent structures shall be erected on the property;
7. No permanent alteration of land shall occur;
8. The permittee shall obtain all required permits for the proposed use from the city or other governmental agencies;
9. The permittee shall clear the property of any debris, litter, or other evidence of the temporary use upon expiration or termination of the permit; and
10. For permits on city owned land, the permittee shall pay fees as established by the city council by resolution. No fees shall be charged for permits issued to contractors for the purpose of completing city-owned projects.
G. Short-Term Permits.
1. The director of the planning department is authorized to grant temporary land use permits when the permit does not exceed ten days in duration and the property under the permit does not exceed five acres.
2. Issuance of short-term permits shall be reported to the planning and zoning commission and city council at the next regularly scheduled meetings.
H. Long-Term Permits.
1. The planning and zoning commission is authorized to grant temporary land use permits when the permit exceeds ten days in duration.
2. The duration of the permit shall not exceed six months in duration unless the permit is issued to a contractor working on a city-owned project.
3. Issuance of long-term permits shall be reported to the city council at the next regularly scheduled meeting.
4. No more than one long-term permit shall be issued each calendar year for the same location to the same applicant.
5. The city manager shall have the authority to execute long-term permits on behalf of the city after approval by the planning and zoning commission.
I. Approval.
1. Temporary land use permits may be issued with or without conditions upon satisfaction of the requirements set forth herein.
2. The planning director or planning and zoning commission may deny temporary land use permit applications or place conditions on a temporary land use permit to ensure the temporary use on the proposed property and within the time period specified will not jeopardize, endanger, or substantially interfere with the public convenience, health, safety, or general welfare.
3. If an application for a temporary land use permit is denied, the city shall provide a written explanation to the applicant. (Ord. 21-05 § 1)
17.48.150 Small wind generation systems.
Small wind generation systems will be allowed in all residential, commercial and industrial zoning districts subject to the following standards:
A. Definitions.
1. “Tower” means the fixed structure (freestanding or guyed) on which the wind turbine is mounted.
2. “Total height” means the vertical distance between ground level and the highest point on the wind turbine.
3. “Wind turbine” means the bladed or other type of mechanism mounted on a tower or other solid structure, designed to use the wind to generate electricity.
4. “Commercial wind energy system” means a wind energy conversion system consisting of a wind turbine, a tower, and associated control and conversion electronics with a rated capacity of more than one hundred kilowatts and exceeding one hundred seventy feet in total height.
5. “Small wind energy system” means a wind energy conversion system used to generate electricity at a rated capacity of less than one hundred kilowatts and whose total height is less than one hundred seventy feet and whose primary intent is to reduce on-site consumption of utility power.
B. Permitting Process.
1. Applicant must complete and submit a small wind energy permit form;
2. Applicant must provide a scaled map with the location of the small wind energy system, its distances from parcel lines, adjacent structures, and existing residences, school, churches, as well as historical or heritage sites, wetlands, or important bird areas;
3. Applicant must have a valid building permit and a valid electrical permit prior to construction of a small wind energy system.
C. Siting and Installation.
1. Wiring for small wind energy systems shall be underground.
2. The minimum setback between the small wind energy system and property lines shall be 1.1 times its total height.
a. If total height exceeds the maximum height allowed for the site’s zoning class, an exemption shall be made provided the tower and wind turbine have stamped engineered plans proving the structure’s stability.
D. Safety. Standard drawings and an engineering analysis of the small wind energy system shall be submitted to the city of Valdez prior to construction. These drawings shall include:
1. Wind turbine structure, tower structure, base, footings, and access, including safety and stability data.
2. A line drawing of electrical components.
3. The stamp of an engineer licensed for such work in Alaska.
E. Noise. In order to minimize on- and off-site impacts, noise levels shall be regulated as follows:
1. Noise levels shall not exceed fifty decibels, measured from any nearby residence or public area. This level may be exceeded during short-term events such as utility outages and severe wind storms.
2. In the event of a “pure tone” (a whine, screech, or hum), permitted noise level is reduced to forty-five decibels.
F. Environmental and Visual. Visual impact shall be minimized by painting small wind energy systems a nonreflective, nonobtrusive color.
G. Compliance. Wind energy systems shall adhere to all other applicable state and federal standards including:
1. National Electric Code;
2. International Building Code;
3. FAA regulations;
4. Migratory Bird Treaty Act, Bald and Golden Eagle Protection Act, Endangered Species Act.
H. Abandonment—Site Reclamation. In conformance with the city of Valdez nuisance abatement regulations, after a continuous twelve months without energy service, a notice of abandonment shall be issued for the small wind energy system and, if the owner doesn’t respond within thirty days, the tower shall be considered abandoned and removed at the owner’s expense within three months of final notice. (Ord. 08-11 § 17)