Chapter 16.24 DENSITY AND DIMENSIONAL REQUIREMENTS

Chapter 16.24
DENSITY AND DIMENSIONAL REQUIREMENTS

Sections:

16.24.010 Density and dimensional requirements.

16.24.030 Setbacks and height.

16.24.010 Density and dimensional requirements.

The following are the requirements governing density of residential development, building height, setback requirements for buildings from lot lines and parking. In calculating the number of dwelling units allowed on a lot or the number of parking, loading or storage spaces required, the planner shall round fractional units above two up to the next whole number if that fraction equals or exceeds. (Example: four units are required if the density calculating yields 3.50 units. If the density calculation yielded 3.48 units, only three units would be allowed). (Prior code § 16.43.700)

16.24.020 Density.


Maximum residential density and dwelling units per square feet of lot area.
DISTRICTS
RR	R1	R2	RM, C
1/20,000 or duplex/20,000 with city water	1/lot	1/10,000	No limit

(Ord. 01-40 § 2, 2001: prior code § 16.43.702)

16.24.030 Setbacks and height.

A. Setbacks are measured from the outermost portion of the building to the nearest lot line or building as appropriate. Temporary buildings may be permitted within the side or rear yard area as administrative approval by the city planner. Where other setback standards are applicable, the most restrictive setback standards apply. The following are the building setback and height standards:

1. Front and rear yard setbacks are twenty-five (25) feet from the lot line. In the commercial district the city planner may modify the front and rear setbacks by averaging the existing building line and applying this average setback to the building.

2. For subdivisions recorded with plat notes or recorded conditions, covenants, and restrictions (CCR’s) prior to 1986 allowing a lesser setback than twenty-five (25) feet, the rear lot line setback may be reduced to a minimum of ten (10) feet, but no less than the requirements specified in the applicable subdivision CCR’s and/or plat notes.

3. In all residential districts, except RM—residential multifamily district (RR, R1 and R2) the side yard setback is ten (10) feet.

4. In RM—residential multifamily districts the side yard setback is five feet.

5. In commercial, industrial, and public districts, the setback is ten (10) feet or no side yard setbacks, as long as all requirements of the State of Alaska Fire and Life Safety Regulations (13 AAC 50-13 ACC 55) or other applicable regulations are met. Applicable regulations include residential structures of three dwelling units or less be in compliance with nationally recognized building code setback requirements and certified to meet those requirements by a certified combination dwelling inspector, building inspector, plans examiner, or licensed architect.

6. Building height is limited to thirty-five (35) feet above the average finished grade of the lot in the RR, R1, R2, RM and P zoning districts. Building height in the C and I zoning districts is limited to thirty-five (35) feet above the average finished grade of the lot, except where the commission approves a greater height limit as a conditional use under the general approval criteria in Section 16.16.050, and the borough fire code official finds that the building conforms to the requirements of the Uniform Building Code and the Uniform Fire Code adopted by the borough.

B. Additional standards for setbacks are as follows:

1. Unattached residential dwelling units on same lot must be separated by twenty (20) feet.

2. The city planner shall designate the front yard for corner lots.

3. Industrial uses or buildings must be set back a minimum one hundred (100) feet from any residential zoned lot line. Commercial buildings must be set back thirty (30) feet from any R-1—single-family residential district zoned lot line. Industrial or commercial accessory uses may be located within this setback; provided, that all other setback requirements are met.

C. Exceptions for setback requirements are as follows:

1. The setbacks may be reduced up to ten (10) percent by the city planner after an investigation and finding that the resulting lesser setback would meet the purpose of the standards.

2. Incidental architectural features such as window sills, cornices and eaves may project not more than three feet into any required setback. This provision does not apply to cantilevered floors or other similar building extensions.

3. No building or footing may be located closer than seventy-five (75) feet from the high-water mark of a water course or body of water; provided, docks, piers, marinas and boathouses may be located closer than seventy-five (75) feet if they are located primarily over water, not used for habitation, and do not contain sanitary facilities. The city may require dedication of a maintenance easement of up to fifteen (15) feet from the high-water mark or bank of a body of water, whichever produces the greatest access. This section does not apply to structures where construction was completed prior to January 1, 1987, if the present owners of the property had no personal knowledge of any violation of the requirements of this section prior to substantial completion of the structures. Furthermore, this section does not apply if a land use permit was issued prior to October 28, 1997. The city planner shall, upon application by a property owner, determine whether a property qualifies for an exception under this subsection.

D. Amnesty for certain setback violations under rules for nonconforming structures are as follows:

1. Any part of a structure that encroaches into a setback required under this title will be treated as a legal, nonconforming structure under Chapter 16.28; provided, that the encroachment is registered with the planning department under this subsection. An encroachment will be registered for this purpose if the city planner finds, in response to an application under subsection (D)(2) of this section, that the encroachment meets the following conditions:

a. The encroachment was constructed before March 24, 2003;

b. As of March 24, 2003, the encroachment conformed to applicable plat notes of record; and

c. A certified combination dwelling inspector, building inspector, plans examiner, or licensed architect certifies in writing to the city planner that the encroachment either conforms to the requirements of the State of Alaska Fire and Life Safety Regulations (13 AAC 50-13 AAC 55) or, if the encroachment is part of a residential structure containing less than four dwelling units, the encroachment conforms to nationally recognized building code setback requirements.

2. The record owner of property that contains a nonconforming setback encroachment may apply to the city planner for registration of the encroachment under this subsection. The application shall be on a form provided by the city planner, and shall be accompanied by the required application fee and the following documentation:

a. An as-built survey of the property that is the subject of the application, prepared and stamped by a land surveyor registered in the state of Alaska, which shows the location and dimensions of all structures on the property at the date of application, and the distances between structures and between the structures and the lot lines of the property;

b. A statement under oath of the owner of the property or another person with the necessary personal knowledge, and supporting documentation, demonstrating that the encroachment as shown on the as-built survey was constructed before March 24, 2003;

c. A copy of each plat note that applies to the property; and

d. The certification described in subsection (D)(1)(c) of this section.

3. Upon receiving a complete application under subsection (D)(2) of this subsection, the city planner shall within five business days mail notice of the application to each record owner of any property that immediately adjoins the property on which the encroachment is located, requesting written comment on the application within ten (10) calendar days of the date of the notice. Within twenty (20) business days after the conclusion of the comment period, the city planner shall issue a written decision whether the encroachment meets the standards for registration under this subsection. The city planner may impose such conditions on the registration as the city planner determines are appropriate to protect the general welfare. A registration under this subsection shall describe the type and dimensions of the encroachment, and shall include a copy of the as-built survey that was submitted with the application for registration.

4. A decision of the city planner under this subsection is subject to appeal to the planning commission as provided in Chapter 16.34, Appeals to the Planning Commission. The city planner may elevate a decision under this subsection to the planning commission under the standards for elevating a use permit decision under Section 16.12.040. (Ord. 09-25 § 2, 2009; IM 07-05; IM 03-08; IM 03-07; Ord. 03-08(SUB)(AM) § 2, 2003: Ord. 02-64 § 2, 2002: prior code § 16.43.704)

16.24.040 Parking.

A. Off-street parking facilities for residential and nonresidential uses are established as follows:

1. Residential. Off-street parking facilities for residential uses must be on the same lot with the building that they are required to serve.

2. Nonresidential. Off-street parking facilities for nonresidential uses must be within three hundred (300) feet of the boundary of the property.

Exception: The city planner is allowed discretion to use on-street parking, or a portion, to count toward the overall parking requirement for a development or temporary use at the following locations:

a. S. Boundary Street between E. Railroad Avenue and E. Park Avenue;

b. S. Denali Street;

c. E. Herning Avenue between N. Lucille Street and N. Main Street;

d. S. Illiamna Street between E. Park Avenue and E. Susitna Avenue;

e. S. Knik Street;

f. S. McKinley Street between E. Park Avenue and E. Susitna Avenue;

g. E. Swanson Avenue, east of Main;

h. S. Talkeetna Street; and

i. S. Wasilla Street between E. Park Avenue and E. Susitna Avenue.

B. Should the applicant rely on on-street parking and the parking is subsequently removed, the applicant is required to defend and hold the city harmless. The on-street parking shall be common use parking and shall be parallel. On-street parking shall be created in either a public use easement or a designated right-of-way and will require an encroachment permit per Chapter 12.16.

C. All parking, except that which serves residences, and those spaces as allowed under the preceding subsection, shall be arranged so that ingress and egress are possible without backing over a sidewalk area or onto a collector or larger street designation. Except where on-street parking is used, turning and maneuvering space shall be located entirely on private property, provided that the usable portion of an alley may be credited as turning and maneuvering space. In the case of two or more uses on the same lot, the total requirements for off-street parking facilities is the sum of the requirements for the several uses computed separately. Changes of use with an increase in gross floor area must provide parking, loading and storage area in conformance with this section. The parking, loading and storage space requirements for any listed use or use not listed may be established under the provisions of a use permit under Section 16.12.020.

D. Minimum Standards. Parking required for a use must conform to the following:

1. All parking spaces shall be located far enough within the lot to prevent any portion of a car from extending over an adjoining lot or over a public right-of-way or side-walk, except where an encroachment permit has been obtained.

2. All required off-street parking and aisles other than residential uses less than five dwelling units and temporary uses shall be surfaced with at least two inches of hot bituminous pavement or a durable surface that is designated to control dust and able to bear the weight of the traffic as approved by the public works director. Developments located on property not zoned commercial, under five thousand (5,000) square feet and with no access to a paved road are exempt from this minimum standard. After a roadway is paved, required parking, aisles and driveways shall be paved, or have an approved durable surface applied within twelve (12) months after the roadway is paved.

3. Multifamily uses of more than four dwelling units may be required to, provide additional an storage area for boats, recreational vehicles, off-road vehicles and trailers. The storage area is equal to two hundred (200) square feet for each three parking spaces. The storage area may be located on another lot of common ownership if the lot is located within three hundred (300) feet (walking distance).

4. Landscaping.

a. A parking or storage area in a residentially zoned lot or adjacent to a residentially zoned lot shall be screened by a wall, fence or landscaping designed to screen the view of the parking or storage area from the residential area. The screen shall have a minimum height of 3.5 feet and shall be maintained in good condition.

b. Each parking lot containing ten (10) or more parking spaces shall include around its perimeter a planting bed having a minimum width of ten (10) feet. A planting bed located adjacent to a street shall contain trees, shrubs, flowers, boulders, mulch and fences. Any fence in a planting bed located adjacent to a street shall be set back at least three feet from the lot line to allow room for plantings on the street

side of the fence. A planting bed that is not adjacent to a street shall contain plantings that will attain an average height of two feet within two years of planting, and that are grouped to allow for seeded snow storage areas.

c. Each parking lot containing more than forty (40) parking spaces also shall include landscaped islands covering not less than fifteen (15) percent of the total area of the parking lot. A landscaped island shall contain trees, shrubs, flowers and mulch and shall be protected with mounding and boulders or curbs.

5. Excluding temporary uses, one flood light per twenty-five (25) spaces is required to illuminate off-street parking spaces. The lighting must be arranged as to reflect the light away from adjoining residential uses and to prevent glare to traffic. The lighting may be combined with access lighting required under Section 16.16.050.

6. The parking requirement for mixed uses is the total sum of the requirement for spaces for the various uses computed separately.

7. Handicapped spaces shall be thirteen (13) feet wide. (See Table of Parking Requirements set out in subsection E of this section.)

8. A single parking area may be used to service more than one use if the normal hours of operation of the uses do not overlap. If a single parking area is so used, additional parking may be required by the planner as a condition of continued occupancy at any time the hours of operation of the establishments are altered to run concurrently. Before joint use is allowed, a contractual agreement setting out the terms of the use must be created by the joint users and approved as a use permit by the planner.

9. The provision and maintenance of off-street loading, snow storage and other storage areas is a continuing obligation and joint responsibility of the owner and occupants. Each off-street loading space must be not less than thirty (30) feet by twelve (12) feet, have an unobstructed height of at least fourteen (14) feet six inches and be made permanently available for such purposes. These areas are required as follows.

a. Nonresidential development over five thousand (5,000) square feet GFA must provide one loading space for each twenty thousand (20,000) square feet or less GFA.

b. A snow storage area of twenty-five (25) square feet for each parking space shall be provided for any use except single-family and duplex. Snow storage areas must be designed to minimize drainage and run off problems and not overload or impair the city storm drainage system. The required snow storage area may be reduced by the planner in consultation with the engineer.

10. Pick up areas for taxi, bus and other vehicles may be required for uses that customarily need such services, including auditoriums, theaters, and other places of public gathering.

11. Fences and landscaping at the intersection of a parking lot driveway with a street shall not obscure a sight triangle.

E. The minimum number of off-street parking spaces required and their dimensions are set out in the following tables:


TABLE OF PARKING REQUIREMENTS
Uses	Minimum spaces required, including employee parking, where applicable (rounded to nearest whole number)
Adult retirement housing	1.5 spaces per dwelling unit
Single-family duplex or multifamily uses	2 spaces per dwelling unit
Motels, hotels	1 per guest room + a minimum of 3 additional
Bed and breakfast	1 per guest room
Hospitals, group homes, and other health care facilities	1 per 3 beds based on maximum capacity
Churches, auditoriums, theaters, mortuary, dance floors, auctions rooms, and similar places of assembly of concentrated use	1 per 150 sq. ft. GFA or 1 per 4 seats, whichever is greater
Warehouses, aircraft hangers, storage and wholesale business	1 per each 1,000 sq. ft. GFA
Self storage mini-warehouses	1 per each 25 storage units
Industrial uses	1 per each employee
Restaurants, bars, exhibit rooms, gymnasiums, conference rooms and similar places of assembly of less concentrated use	1 per 150 sq. ft. GFA or 1 for every 3 seats, whichever is greater
Offices	1 per 300 sq. ft. GFA
Classrooms, school shops and vocational rooms for tenth grade and above	1 per 300 sq. ft. GFA or 1 per 4 seats, whichever is greater
Classrooms and school shops and vocational rooms for ninth grade and below	1 per 400 sq. ft. GFA or 1 per 5 seats, whichever is greater
Commercial uses (other than shopping centers)	1 per 300 sq. ft. GFA
Shopping centers	4 per 1,000 sq. ft. GLA up to 400,000 sq. ft.
	4.5 per 1,000 sq. ft. GLA from 400,001 to 600,000 sq. ft.
	5 per 1,000 sq. ft. GLA over 600,000 sq. ft.
All others	1 per 200 sq. ft. GFA or decision by commission
Handicapped parking
Total parking spaces in lot	Accessible spaces required
1 to 25	1
26 to 50	2
51 to 75	3
76 to 100	4
Each additional 100 spaces or fraction thereof	1

Table of Minimum Dimensions


Angle	30 degrees	45 degrees	60 degrees	90 degrees
Aisle width	11 feet	13 feet	18 feet	25 feet
Stall length	18 feet	20 feet	21 feet	20 feet
Stall width	10 feet	10 feet	10 feet	10 feet

(Ord. 06-47(AM) §§ 6, 7, 2006; Ord. 03-56 § 2; prior code § 16.43.706)