Chapter 18.05
DEFINITIONS

Sections:

18.05.010    General interpretation (as used in this title).

18.05.020    “A” definitions.

18.05.030    “B” definitions.

18.05.040    “C” definitions.

18.05.050    “D” definitions.

18.05.060    “E” definitions.

18.05.070    “F” definitions.

18.05.080    “G” definitions.

18.05.090    “H” definitions.

18.05.100    “I” definitions.

18.05.110    “J” definitions.

18.05.120    “K” definitions.

18.05.130    “L” definitions.

18.05.140    “M” definitions.

18.05.150    “N” definitions.

18.05.160    “O” definitions.

18.05.170    “P” definitions.

18.05.180    “Q” definitions.

18.05.190    “R” definitions.

18.05.200    “S” definitions.

18.05.210    “T” definitions.

18.05.220    “U” definitions.

18.05.230    “V” definitions.

18.05.240    “W” definitions.

18.05.250    “X” definitions.

18.05.260    “Y” definitions.

18.05.270    “Z” definitions.

18.05.010 General interpretation (as used in this title).

(a)    Words used in the present tense include the future tense.

(b)    The singular numbers include the plural.

(c)    The word “person” includes a corporation as well as an individual.

(d)    The word “lot” includes the word “plot” or “parcel.”

(e)    The term “shall” is always mandatory.

(f)    The word “used” or “occupied,” as applied to any land or building, shall be construed to include the words “intended, arranged or designed to be used or occupied.” [Ord. No. 1726, §1, 8-4-14.]

18.05.020 “A” definitions.

(a)    A-weighted sound level: See KGBC 18.05.200(s)(1).

(b)    “Accessory building” means a detached building, the use of which is appropriate, subordinate and customarily incidental to that of the main building or to the main use of the land and which is located on the same lot as the main building or use. An accessory building shall be considered to be a part of the main building when joined to the main building by a common wall or when any accessory building and the main building are connected by a breezeway.

(c)    “Accessory dwelling unit (ADU)” means an ancillary (i.e., secondary) living unit existing either within the same structure, or on the same lot, as the primary dwelling unit. An ADU is distinguishable from a two-family dwelling (duplex) in that it is clearly subordinate to the primary dwelling unit, both in use and appearance. Detached accessory dwelling units (DADU) require a conditional use permit subject to the development requirements listed under KGBC 18.50.020 where allowed.

(d)    Accessory use: See KGBC 18.05.220(b)(1).

(e)    “Administrative official” means the person charged with the administration and enforcement of this title.

(f)    “Aircraft maintenance and repair” means commercial operations providing service beyond routine cleaning and minor repair of aircraft, or any provision of services repairing, overhauling, rebuilding or maintaining aircraft or aircraft engines under conditions which require operation of aircraft engines not associated with movement of the aircraft from one location to another.

(g)    Alley: See KGBC 18.05.200(u)(1).

(h)    “Alteration” means any change, addition or modification in the construction, location or use classification.

(i)    “Antenna” means any structure or device used for the purpose of collecting, receiving, transmitting or radiating electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, satellite dishes, and omnidirectional antennas, such as whip antennas.

(j)    Apartment house: See KGBC 18.05.050(h), Dwelling, multiple-family.

(k)    “Appurtenance” means an accessory, auxiliary or support structure that is attached to another structure or to the property (examples are: decks to houses; carports to garages; and docks to uplands).

(l)    “Area, building” means the total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of steps.

(m)    Arterial street: See KGBC 18.05.200(u)(2).

(n)    “Automobile wrecking” means the dismantling of used motor vehicles or trailers or the storage or sale of parts from dismantled or partially dismantled, obsolete or wrecked vehicles. [Ord. No. 1726, §1, 8-4-14.]

18.05.030 “B” definitions.

(a)    “Bed and breakfast” means a use that is subordinate to the principal use of a single-family dwelling unit in which transient guests are provided a sleeping room and board in return for payment. Continuous occupancy of a bed and breakfast for a length of stay greater than three weeks by a guest is no longer considered a transient use. Bed and breakfast operations do not include accessory commercial uses such as gift shops, retail sales of any kind to the transient guest, serving meals to non-bed and breakfast guests or the hosting of banquets or wedding receptions.

(b)    “Boarding house” means a building other than a hotel where lodging, with or without meals, is provided for compensation for three or more persons, on other than a day-to-day basis and which is not open to transient guests.

(c)    “Buffer” means an area of land which is either left undisturbed with native vegetation or is planted and maintained in shrubs, bushes, trees, and/or other landscaping material, which will obscure visibility from adjoining properties and within which no structure is permitted except a fence.

(d)    “Building” means any structure built for the support, shelter or enclosure of persons, animals or property of any kind.

(e)    “Building code” means the building code and/or other building regulations applicable in the city and/or borough.

(f)    “Building, existing” means a building erected prior to the adoption of the ordinance codified in this title or one for which a legal building permit has been issued.

(g)    “Building, nonconforming” means any building or structure or any portion thereof lawfully existing at the time the ordinance codified in this chapter became effective, which was designed, erected or structurally altered for a use that does not conform to the use regulations of the zone in which it is located or a building or structure that does not conform to all the height and area regulations of the zone in which it is located.

(h)    “Building, principal or main” means a building in which is conducted the principal or main use of the lot on which said building is situated. Attached garages, porches and carports shall be considered to be part of the principal building. [Ord. No. 1726, §1, 8-4-14.]

18.05.040 “C” definitions.

(a)    Campsite: See KGBC 18.05.140(j)(1).

(b)    “Co-location” means the provisions of multiple antennas or more than one commercial wireless communication service provider or government entity on a single tower or structure.

(c)    Collector street: See KGBC 18.05.200(u)(3).

(d)    Commercial district transient use: See KGBC 18.05.210(e)(1).

(e)    Commercial mobile building: See KGBC 18.05.140(j)(2).

(f)    “Common carrier” means any carrier required by law to convey passengers or freight without refusal if the approved fare or charge is paid in contrast to private or contract carrier.

(g)    Common wall: See KGBC 18.05.050(j)(1).

(h)    “Commercial shopping center” means a structure designed for use for a store or stores offering frequently needed goods and services for retail sale, which either (1) contains 50,000 or more square feet of gross floor area, or (2) applying the standards in the Trip Generation Manual of the Institute of Transportation Engineers (ITE), would be anticipated to generate a number of vehicle trips per day equal to or greater than the following:

(1)    For developments with access off of an arterial street: 3,000 trips.

(2)    For developments with access off of a collector street: 2,000 trips.

(3)    For developments with access off of a local street: 600 trips.

(4)    For developments with access off of a lane: 150 trips.

(5)    For developments with access off of a place: 50 trips.

(i)    “Commercially marketable natural resources” includes rock and minerals, timber, topsoil, and any other naturally occurring material for which a market demand exists or is reasonably expected to exist.

(j)    “Commission” means the Ketchikan Gateway Borough planning commission.

(k)    “Community character” means those indices of the composite nature of an area which are described as keeping with the general theme or concept of a traditional design and/or construction consistent with the desires of the community. Examples of consistency would be facades and exteriors constructed with materials found to be desirable to those within boundaries of a defined area such as Ketchikan Gateway Borough.

(l)    “Cottage industry” means a small-scale home-based business involving the on-site manufacture and/or sale of goods or services or the retailing, wholesaling, and renting of real or personal property provided such activities are permitted uses and are not, in the determination of the planning commission, detrimental to surrounding properties. Cottage industries are intended to provide economic support for households located in the outlying portions of the borough not served by the roaded system. Cottage industries are subordinate to the principal residential use of property and, in general, are a more intensive use of property than a home occupation and a less intense use of property than permitted in commercial and industrial zones. Restrictions to protect surrounding properties are determined by the planning commission on a case-by-case basis according to the requirements of Chapter 18.40 KGBC.

(m)    “Coverage” means that percentage of the total lot area covered by principal and accessory buildings.

[Ord. No. 1826, §2, 3-20-17; Ord. No. 1802A, §7, 6-20-16; Ord. No. 1726, §1, 8-4-14.]

18.05.050 “D” definitions.

(a)    “Day care, commercial” means a facility licensed by the state providing care for hire of five or more children who are unrelated to the caregiver (“relative” means an individual who is related to another by marriage, blood relationship, or court decree; “relative” includes a parent, child, grandparent, great grandparent, brother, sister, stepparent, stepsister, stepbrother, aunt, uncle, great-aunt, great-uncle or step-grandparent), primarily during the daytime hours but who do not stay overnight; may include instruction.

(b)    “Day care for hire, residential” means any home regularly used or maintained to provide care for hire of four or fewer children (up to age 12), not counting any children who are related to the caregiver (“relative” means an individual who is related to another by marriage, blood relationship, or court decree; “relative” includes a parent, child, grandparent, great grandparent, brother, sister, stepparent, stepsister, stepbrother, aunt, uncle, great-aunt, great-uncle or step-grandparent) shall meet all requirements for home occupations. This definition does not apply to babysitting or occasional day care for hire that is less than 20 days in a three month period.

(c)    Decibel (dB): See KGBC 18.05.200(s)(2).

(d)    “Density” means the number of dwelling units for a gross area of land (acres), typically associated with a development area plan used in the creation of a master development plan for a planned unit development zone.

(e)    “Design standards” means a set of regulatory guides addressing characteristics such as materials, quality, general appearance, architectural motif, historical character, color schemes and the like which are applied to a structure constructed on a parcel or parcels of real property to which design standards apply.

(f)    “Development area” means a PUD subsection that prescribes a specific set of land uses that are subject to specific development requirements.

(g)    “Dwelling” means a building or any portion thereof designed or used exclusively for residential occupancy including one-family, two-family and multiple-family dwellings, but not including any other building wherein human beings may be housed.

(h)    “Dwelling, multiple-family” means any building located on a single lot and containing four or more dwelling units.

(i)    “Dwelling, one-family” means any detached building containing only one dwelling unit.

(j)    “Dwelling, townhouse” means a building designed exclusively for occupancy by one family and containing one dwelling unit, occupying space from the ground to the roof and not lying vertically under or over adjacent units, and attached to a series of two or more, but not exceeding seven, additional similar dwelling units, each of which is located on a separate lot, and each of which shares a common wall, located on a side lot line, with another similar dwelling unit.

(1)    “Common wall” means a wall with no openings located along a side lot line and forming the division between two independent but attached dwelling units located on adjoining lots. A garage or carport wall may form the common wall, provided the garage or carport is attached to a dwelling unit.

(2)    “End lot” means a lot in a townhouse development which has a common wall located on only one of its two side lot lines.

(k)    “Dwelling, triplex” means a building containing three individual dwellings. Detached accessory dwelling units are not included in this definition. Triplex dwellings shall be either in a side-by-side or in an over-under (stacked) configuration. Side-by-side dwelling units shall share a common wall or be connected by a common roof. The shared walls or roof shall not be those of a breezeway, or other accessory structure, but may include a carport or garage. Each dwelling unit must have direct access to the outside or to a common wall. Each dwelling unit is intended to be occupied by one family.

(l)    “Dwelling, twinhouse” means a building, located on a separate lot, designated exclusively for occupancy by one family and containing one dwelling unit, which is attached by a common wall located on a side lot line to a similar building on an adjacent lot containing one dwelling unit.

(1)    “Common wall” means a wall with no openings located along a side lot line and forming the division between two independent but attached dwelling units located on adjoining lots. A garage or carport wall may form the common wall, provided the garage or carport is attached to a dwelling unit.

(m)    “Dwelling, two-family” means any building located on a single lot and containing only two dwelling units. Two-family dwelling units (duplexes) shall be either in a side-by-side or in an over-under (stacked) configuration. Side-by-side dwelling units shall share a common wall or be connected by a common roof. The shared walls or roof shall not be those of a breezeway, or other accessory structure, but may include a carport or garage.

(n)    “Dwelling unit” means either a single room or two or more connected rooms used exclusively as a single unit and intended for occupancy for no less than 30 consecutive days or more by one family, and providing complete, independent living facilities (which at a minimum includes permanent provisions for living, sleeping, eating, cooking and sanitation which are accessed independently). This term does not include hotel or motel rooms, extended stay lodging facilities, boarding and lodging rooms, nursing home rooms, or assisted living units. [Ord. No. 1784A, §1, 2-1-16; Ord. No. 1726, §1, 8-4-14.]

18.05.060 “E” definitions.

(a)    End lot: See KGBC 18.05.050(h)(2).

(b)    “Essential service” means the erection, construction, alteration or maintenance by public utilities or municipal departments or commissions of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, but not including buildings, reasonably necessary for the furnishing of adequate service of such public utilities or borough departments or commissions or for the public health or safety or general welfare. [Ord. No. 1726, §1, 8-4-14.]

18.05.070 “F” definitions.

(a)    “Family” means any number of individuals living together as a single housekeeping unit in a dwelling unit.

(b)    “Fence height” means the vertical distance between the ground directly under the fence and the highest point of the fence.

(c)    “Float plane facilities” means a terminal for a commercial enterprise providing either regularly scheduled flights for passengers and freight or unscheduled charter air transportation, sightseeing, recreational flights. Facilities include docks, hangars, ramps, fueling facilities for aircraft, and terminal facilities for passengers. Docks or related structures used for the routine delivery of freight or passengers ancillary to a remote lodge, cabin, or other recreational or commercial principal use are not considered float plane facilities.

(d)    “Flood management area” means those areas designated and depicted as “special flood hazard areas” and “other flood areas” on the official flood insurance rate map (FIRM) of the city of Ketchikan, Alaska, dated April 16, 1990, prepared by the Federal Emergency Management Agency, which flood insurance rate map, and the flood insurance study, are on file in the office of the borough clerk as document No. 90-14 and in the borough department of planning and community development, 1900 First Avenue, Ketchikan, Alaska 99901, and are available for public inspection and copying and are incorporated herein by reference thereto.

(e)    “Floodway” means the channel of watercourse and those portions of adjoining floodplains which are reasonably required to carry and discharge the main body of water within the flood management area, both within the city of Ketchikan and other areas of the borough.

(f)    “Floor area” means the total of each floor of a building within the surrounding outer walls but excluding vent shafts, courts, stairways and elevators.

(g)    “Floor, ground” means the floor of a building at or nearest the adjacent street, and which is accessible directly from a front yard. On commercially zoned properties with multiple front yards on sloping sites with street entrances at more than one level, each floor accessible at street level shall be considered a ground floor.

(h)    “Front building line” means a line parallel to the front lot line of the lot on which a building is located, that is drawn through the point or vertical face of the building at grade level which is located nearest to the front lot line.

(i)    “Frontage” means the lot width measured along the property line adjacent to the street right-of-way.

(j)    “Fuel storage and distribution facility” means an area where flammable or combustible liquids are received by tank vessel, pipeline, tank car, or tank vehicle and are stored or blended in bulk for the purpose of distributing such liquids by tank vessel, pipeline, tank car, tank vehicle, portable tank, or container. [Ord. No. 1726, §1, 8-4-14.]

18.05.080 “G” definitions.

(a)    “Garage, private” means an accessory building or any portion of a main building used in connection with residential purposes for the storage of passenger motor vehicles.

(b)    “Garden, hobby” means a residential garden where excess crops are sold off site. The sale of crops is conducted in such a way that the average neighbor, under normal circumstances, would not be aware of its existence.

(c)    “Garden, residential” means an area accessory to a residence used for the cultivation of fruits, vegetables, flowers, ornamental plants and the like, and where the crops are used for consumption by the occupants of the residence.

(d)    “Garden stand” means a structure or area accessory to a hobby garden that is used for the on-site sale of excess crops from a hobby garden for more than five days within a 60-day period.

(e)    “Grade” means the lowest point of elevation of the adjoining sidewalk, paving or unfinished ground surface within the area between the building and the property line, or when the property line is more than five feet from the building, between the building and a line five feet from the building.

(f)    “Gross floor area” means the total of each floor of a building within the surrounding outer walls but excluding vent shafts and courts, stairways and elevators.

(g)    “Guest room” means any room in a hotel, dormitory, boarding or lodging house used and maintained to provide sleeping accommodations for not more than two persons. [Ord. No. 1857, §1, 6-4-18; Ord. No. 1726, §1, 8-4-14.]

18.05.090 “H” definitions.

(a)    Highway: See KGBC 18.05.200(u)(4).

(b)    “Home occupation” means an accessory use of a service character customarily conducted within a dwelling, by the residents, which does not involve the conduct of trade on the premises.

(c)    “Hotel” means any building or group of buildings in which there are guest rooms used, designed or intended to be used for the purpose of offering to the general public lodging on a day-to-day basis.

(d)    “Household pet” means dogs, cats, birds and other animals which are customarily kept inside a house. [Ord. No. 1726, §1, 8-4-14.]

18.05.100 “I” definitions.

(a)    “Indoor commercial recreational facility” means a facility which provides space for activities such as bingo halls, theaters, dances or other recreation activities which may attract large numbers of patrons at a single time.

(b)    Industrial district transient use: See KGBC 18.05.210(e)(2). [Ord. No. 1726, §1, 8-4-14.]

18.05.110 “J” definitions.

(a)    “Junked vehicle” means any abandoned, wrecked or inoperable vehicle.

(b)    “Junkyard” means any space used for the storage or abandonment of junk or waste material including scrap metals or other scrap materials, or for the dismantling, demolition or abandonment of automobiles, other vehicles, machinery or any parts thereof. [Ord. No. 1726, §1, 8-4-14.]

18.05.120 “K” definitions.

(a)    “Kennel, boarding” means any lot or premises on which more than six household pets are kept for compensation.

(b)    “Kennel, residential” means any lot or premises on which not more than six household pets are kept for compensation. [Ord. No. 1726, §1, 8-4-14.]

18.05.130 “L” definitions.

(a)    Lane: See KGBC 18.05.200(u)(5).

(b)    “Loading space” means an off-street space or berth on the same lot with a building or structure to be used for the temporary parking of commercial vehicles while loading or unloading merchandise or materials.

(c)    Local street: See KGBC 18.05.200(u)(6).

(d)    “Lot” means a parcel of land occupied or to be occupied by a principal use and having frontage on, or access to, a public street.

(e)    “Lot, corner” means a lot situated at the junction of, and bordering on, two intersecting streets. A corner lot shall be considered to have two front yards.

(f)    “Lot depth” means the average horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.

(g)    “Lot line, front (corner lot)” means the lines separating the lot from the street.

(h)    “Lot line, front (interior lot)” means a line separating the lot from the street.

(i)    “Lot line, rear” means the line that is opposite and most distant from the front lot line, and in the case of an irregular triangular or gore-shaped lot, a line not less than 10 feet in length, within a lot, parallel to and at the maximum distance from the front lot line.

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

(k)    “Lot width” means the average horizontal distance separating the side lot lines of a lot and at right angles to its depth.

[Ord. No. 1726, §1, 8-4-14.]

18.05.140 “M” definitions.

(a)    “Marijuana” has the same meaning as contained in AS 17.38.900(7).

(b)    “Marijuana cultivation facility” has the same meaning as contained in AS 17.38.900(9).

(c)    “Marijuana establishment” means any “marijuana cultivation facility”; a “marijuana testing facility”; a “marijuana product manufacturing facility”; or a “marijuana retail store.”

(d)    “Marijuana product manufacturing facility” has the same meaning as contained in AS 17.38.900(11).

(e)    “Marijuana retail store” has the same meaning as “retail marijuana store” contained in AS 17.38.900(15).

(f)    “Marijuana testing facility” has the same meaning as contained in AS 17.38.900(13).

(g)    “Master development plan” means a combination of map(s) and written documents providing both a graphical and narrative description of the PUD. The map is used to show the boundaries of the PUD and any development areas within the PUD and will take a form similar to a plat. The narrative section is used to describe development parameters such as permitted and unpermitted uses if the use is allowed as a principal, accessory, or conditional use, and the development requirements.

(h)    “Maximum building height” means the vertical distance above a reference datum measured to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitched or hipped roof, as illustrated within this section, whichever is the greater height. The reference datum shall be selected by either subsection (1), (2), (3), or (4) of this definition as applicable:

(1)    The elevation of the highest point on an adjoining sidewalk, paving, or finished grade within a five-foot horizontal distance of the exterior wall of the building, when such point on the sidewalk, paving, or finished ground surface is not more than 10 feet above the lowest grade; or

(2)    An elevation 10 feet above the lowest grade when the sidewalk, paving, or finished ground surface described in subsection (1) of this definition is more than 10 feet above the lowest grade.

(3)    The maximum building height of a stepped or terraced building shall not be greater than the maximum allowable height of the highest segment of such building. The height of each segment shall be computed separately according to the procedures set forth in subsection (1), (2) or (4) of this definition, as applicable, and the maximum height of any one segment shall not exceed the height allowed under subsections (1), (2) and (4) of this definition. Terraced or stepped buildings may only be constructed on slopes of 20 degrees or greater.

(4)    Notwithstanding subsection (1) or (2) of this definition, the reference datum for establishing the maximum height of a building that occupies a site with an average slope of 50 degrees or greater, measured from the upslope lot line to the downslope lot line, and where the only access to the lot from a public right-of-way is provided on the upslope side of the lot, shall be the highest point on an adjoining sidewalk, paving, or finished grade located within five feet horizontal distance of the exterior wall of the building on the upslope side of the building.

(5)    Exceptions. The methods of measurement provided for in this definition and the height limitations set forth in this title shall not apply to church spires, belfries, fire and hose towers, chimneys, flagpoles, ventilators, elevator housings, masts, antennas, and other similar structures (except satellite dishes) that are a part of or directly affixed to a building. Cupolas higher than the height limitations set forth in this title may be allowed if approved by the planning and zoning commission when they are determined to be compatible with adjacent structures and uses and do not substantially interfere with views from adjacent properties.

(i)    “Maximum structure height” means except for buildings and structures that are a part of or directly affixed to a building as provided for and described in the definition of “maximum building height,” the “maximum structure height” is the vertical distance from the highest lot elevation abutting the structure to the highest point of the structure.

(j)    “Modular building” means a prefabricated transportable structure designed to be used by itself or to be combined, on site, with similar units to form a single building. Modular buildings include sectional buildings, residential mobile buildings, commercial mobile buildings and travel trailers. The term is intended to apply to major assemblies and does not include prefabricated subelements which are to be incorporated into a structure at the site. The following terms are directly associated with modular buildings:

(1)    “Campsite” means a plot of land within a travel trailer park designed for the use of a single travel trailer.

(2)    “Commercial mobile building” means a single modular building designed to be transported on its own wheels and chassis and designed and used for nonresidential purposes with or without a permanent foundation.

(3)    “Mobile building” means a single modular building designed to be transported on its own wheels and chassis.

(4)    “Mobile building park” means a parcel of land and related structures and facilities used to locate more than two mobile buildings for long-term residential occupation.

(5)    “Mobile building sales lot” means a parcel of land upon which unoccupied mobile buildings and/or travel trailers may be displayed for inspection and sale.

(6)    “Mobile building space” means a plot of land within a mobile building park designed for the use of a single mobile building.

(7)    “Residential mobile building” means a single modular building designed to be transported on its own wheels and chassis, and designed and used for long-term occupation as a residence with or without a permanent foundation.

(8)    “Sectional building” means two or more modular buildings designed to be combined on site and to be placed on a permanent foundation. Sectional buildings are not subject to regulations of this title concerning mobile buildings.

(9)    “Travel trailer” means a portable dwelling designed and used for short-term occupation as a residence without a foundation. The term “travel trailer” includes, but is not limited to, motor homes, pickup campers and tent trailers. When used for long-term occupation, such dwelling shall be treated as a mobile building.

(10)    “Travel trailer park” means a parcel of land and related structures and facilities used for short-term occupation by persons with travel trailers.

(k)    “Motel” means a group of one or more detached or semidetached buildings containing two or more individual dwelling units and/or guest rooms designed for or used temporarily by automobile tourists or transients, with a garage attached or parking space conveniently located to each unit, including groups designated as auto courts, motor lodges or tourist courts. [Ord. No. 1802A, §8, 6-20-16; Ord. No. 1784A, §1, 2-1-16; Ord. No. 1782SA, §1, 12-21-15; Ord. No. 1726, §1, 8-4-14.]

18.05.150 “N” definitions.

(a)    “Natural resource extraction” means the extraction of commercially marketable natural resources for sale or trade.

(b)    “Natural resource processing” means activities by which extracted natural resources are refined to create a marketable product. In the case of rock, processing includes crushing, screening, and washing. Processing of timber includes trimming branches, bucking to length, and operations typically found in a sawmill. This does not include cutting nonmarketable timber into firewood, or processing other natural resources to be used for development on the property they came from.

(c)    Nonconforming building: See KGBC 18.05.030(g). [Ord. No. 1726, §1, 8-4-14.]

18.05.160 “O” definitions.

(a)    “Official zoning map” means the official zoning map for the Ketchikan Gateway Borough is that set of documents consisting of seven map books, as amended from time to time, covering the following areas:

(1)    Borough Areawide Zoning Map Book A – Showing the entire area within the corporate boundaries of the Ketchikan Gateway Borough.

(2)    Map Book 1000 – City of Ketchikan.

(3)    Map Book 2000 – South Tongass to Herring Cove.

(4)    Map Book 3000 – North Tongass to Settler’s Cove.

(5)    Map Book 4000 – Pennock Island.

(6)    Map Book 5000 – Gravina Island from Vallenar Point to Gravina Point within the Ketchikan Elimination Survey.

(7)    Map Book 6000 – Clover Passage area from Settler’s Cove north to Long Arm, including Deep Bay and Moser Bay.

Each map book consists of a Mylar index sheet and Mylar sheets showing the zoning boundary lines, zoning designations and other data pertinent to zoning. The map pages in the map books have been computer generated according to the specifications of the digital mapping program, which specifications are on file in the department of planning and community development and available for public inspection and copying.

(b)    “Open storage” means the unenclosed storage of property including but not limited to: appliances, equipment, gear machinery, material supplies, provisions, tools, goods and portions thereof for a period exceeding 60 days. This definition does not include the display of merchandise associated with a bona fide retail business. “Unenclosed,” for the purposes of this definition, shall mean located outside a fully enclosed building.

(c)    “Overlay district” means an area identified by boundaries determined by landmarks, streets, or other recognizable monument within which additional provisions of development are required. [Ord. No. 1726, §1, 8-4-14.]

18.05.170 “P” definitions.

(a)    “Person” means a natural person, his heirs, executors, administrators or assigns, and also including a firm, partnership or corporation, its or their successors or assigns, trust or other legal entity, including the federal government, or the agent of any of the aforesaid.

(b)    Place: See KGBC 18.05.200(u)(7).

(c)    “Planned unit development (PUD)” means a development guided by a master development plan consisting of an established list of uses and standards by development area. PUDs are approved as part of a rezone process to the planned unit development zone and identified on the zoning map as “PUD” followed by the applicable ordinance number (example PUD 1741).

(d)    “Preschool” means any home or institution used to provide day care for hire with educational services for children ages three to five years, not yet reaching the age for enrollment in kindergarten.

(e)    Principal use: See KGBC 18.05.220(b)(2). [Ord. No. 1784A, §1, 2-1-16; Ord. No. 1726, §1, 8-4-14.]

18.05.180 “Q” definitions.

Reserved. [Ord. No. 1726, §1, 8-4-14.]

18.05.190 “R” definitions.

(a)    “Recreation or youth center” means a building, structure, athletic playing field or playground that is:

(1)    Run or created by a municipality or the state to provide athletic, recreational, or leisure activities for minors; or

(2)    Operated by a public or private organization licensed by the State to provide shelter, training, or guidance for minors.

(b)    Residential mobile building: See KGBC 18.05.140(j)(7). [Ord. No. 1802A, §9, 6-20-16; Ord. No. 1782SA, §2, 12-21-15; Ord. No. 1726, §1, 8-4-14.]

18.05.200 “S” definitions.

(a)    “School grounds” means a building, structure, athletic playing field, playground, parking area, or land contained within the real property boundary line of a public or private preschool, elementary, or secondary school.

(b)    Sectional building: See KGBC 18.05.140(j)(8).

(c)    “Service station” means any building, structure, premises or other space used primarily for the retail sale and dispensing of motor fuels, tires, batteries and other accessories; the installation and servicing of such lubricants, tires, batteries and other accessories; and such other services which do not customarily or usually require the services of a qualified automotive mechanic.

(d)    “Sight obscuring enclosure” means a method of visually shielding or obscuring one abutting or nearby structure or use from another by a board or chain-link fence with slats, wall or berm, or by densely planted vegetation that is at least eight feet in height.

(e)    “Sign” means any words, lights, letters, parts of letters, figures, numerals, phrases, sentences, emblems, devices, trade names or trademarks by which anything is made known, such as are used to designate an individual, a firm, an association, a corporation, a profession, a business or a commodity or product, which are visible from any public area and used to attract attention.

(f)    “Sign, abandoned” means any sign or sign structure identifying a use or activity that has ceased to occupy the site for a period greater than six months.

(g)    Sign Area. The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will     encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets zoning regulation and is clearly incidental to the display itself.

(h)    “Sign, construction” means a sign placed at a construction site identifying the project or the name of the architect, engineer, contractors, financier or other involved parties.

(i)    “Sign, hanging” means any sign hanging under a canopy or marquee mounted perpendicular to a store frontage typically over a public right-of-way and designed to be viewed by pedestrians from the sidewalk.

(j)    “Sign, permanent” means any sign built out of permanent, rigid materials, advertising the name of a business, category, location, type of product, or service provided. Nonrigid materials stretched taut over a rigid frame shall be considered permanent signs.

(k)    “Sign, projecting” means any sign that protrudes from or is mounted perpendicularly to any flat surface on a building, including awning signs but not including hanging signs or signs mounted under a canopy or marquee.

(l)    “Sign, roof” means a sign projecting over the coping of a flat roof, or over the ridge of a gable, hip or gambrel roof, and supported by or attached to said roof, or any sign that uses the roof for support.

(m)    “Sign, temporary” means any banner, pennant, valance, or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard, vinyl, plastic, or other nonpermanent material, with or without frames, designed to be displayed for a short period of time advertising any sale, price, offer, event, or product. This term shall also include any portable sign or portable sign display and any sign or sign display on a truck or motor vehicle that has not moved upon a public street from 8:00 a.m. to 6:00 p.m. This term shall not include signs advertising real property for sale or rent.

(n)    “Sign, wall” means a sign applied to or mounted flush to the wall or surface of a building or structure, the display surface which does not project more than six inches from the outside wall of such a building or structure. The total individual lettering on one side of a building or structure shall constitute one wall sign unless the text groupings are separated by more than 10 feet of blank space.

(o)    “Sign, window” means any sign painted on, placed in, or affixed to any window exclusive of merchandise on display which is intended to be seen from the exterior.

(p)    “Site development” means extraction, but not processing, of commercially marketable natural resources for the stated purpose of preparing land for improvements such as buildings, structures, roads, driveways, parking areas, and the like.

(q)    “Site development plan” means a combination of maps, drawings, and narrative descriptions that provide the administrative official or planning commission with sufficient information to determine the impact natural resource extraction or site development will have on the surrounding neighborhood and to identify conditions reasonably designed to permit the desired development while mitigating adverse impacts on other properties in the area.

(r)    “Small scale food processing” means food and seafood processing operations which are exempt from the requirements of Corps of Engineers NPDES general permits. Seafood processing operations must submit a seafood processing permit application to ADEC. All food processing operations must operate in compliance with ADEC regulations.

(s)    “Sound level” means the weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network, such as A, B, or C as specified in American National Standards Institute specifications for sound level meters (ANSI S1.4-1971, or the latest approved revision thereof). If the frequency weighting employed is not indicated, the A-weighting shall apply.

(1)    “A-weighted sound level” means the sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(A) or dBA.

(2)    “Decibel (dB)” means a unit for measuring the volume of a sound equal to 20 times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter).

(3)    “Sound level meter” means a sound level measuring device, either Type I or Type II as defined by American National Standards Institute specifications for sound level meters (ANSI S1.4-1971, or the latest approved revision thereof).

(t)    “Special limitations” means restrictions of structures, or the use of land and/or structures to a greater degree than otherwise provided for in the use district restrictions applicable to the property. A special limitation shall do one or more of the following:

(1)    Limit residential density or prohibit structures or uses of land and/or structures otherwise permitted in a use district;

(2)    Require compliance with design or development standards for structures and other site features; or

(3)    Impose time limits for taking subsequent development actions.

(u)    “Street” means a public right-of-way used as a thoroughfare and which is designed and intended to provide the primary means of access to property abutting thereon. The following terms are directly associated with streets:

(1)    “Alley” means a public way designed and intended to provide only a secondary means of access to any property abutting thereon.

(2)    “Arterial street” means a street with usual average daily traffic over 3,000 trips per day, also called a highway.

(3)    “Collector street” means a street with usual average daily traffic of 1,000 to 3,000 trips per day.

(4)    Highway: See “Arterial street,” subsection (u)(2) of this section.

(5)    “Lane” means a street with usual average daily traffic of 75 to 200 trips per day.

(6)    “Local street” means a street with usual average daily traffic of 200 to 1,000 trips per day, also called a subcollector.

(7)    “Place” means a street with usual average daily traffic of zero to 100 trips per day, usually a dead-end street.

(8)    “State highway” means a right-of-way classified by the State as a primary, secondary A or secondary B highway.

(9)    “Street frontage, linear” means the linear width measured parallel to the street frontage of the heated and enclosed structure upon a premises, not including out-buildings or appurtenant structures, unless said structures have no street frontage, in which case the street frontage shall be the structure’s side width of principal entrance. For multi-tenant buildings, street frontage shall be to the exterior edge of the area of leased space for each tenant. Sides of a building with adjacent parking lots, public sidewalks, or marine access shall be considered street frontage.

(10)    “Street line” means the line of demarcation between a street and the lot or land abutting thereon.

(11)    Subcollector: See “Local street.”

(v)    “Structure” means that which is built or constructed, a building of any kind, composed of parts joined together in some definite manner. [Ord. No. 1802A, §10, 6-20-16; Ord. No. 1726, §1, 8-4-14.]

18.05.210 “T” definitions.

(a)    “Telecommunication” means the technology which enables information to be exchanged through the transmission of voice, video, or data signals by means of electrical or electromagnetic systems.

(b)    “Telecommunication tower” means any structure that is designed and constructed for the purpose of supporting one or more antennas for telephone, radio and similar communications purposes, including self-supporting lattice towers, microwave towers, common-carrier towers, wireless communication towers, and alternative tower structures and the like. The term includes the structure and support thereto.

(c)    “Telecommunications facilities” means any cables, wires, lines, wave guides, antennas, and any other equipment or facilities associated with the transmission or reception of communications a person seeks to locate or have installed upon or near a tower or antenna support structure.

(d)    “Transient” means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of not more than 30 consecutive calendar days, counting portions of days as full days; provided, however, the day a transient checks out shall not be included in determining the 30-day period if the transient is not charged rent for that day. Any person who in fact exercises occupancy or in fact is entitled to occupancy for a period of more than 30 consecutive days shall be deemed not to have been a transient from the date of commencement of such consecutive period for days of occupancy or entitlement to occupancy.

(e)    “Transient use” means either a commercial or industrial transient use as found in a motel or hotel, and further defined as:

(1)    “Commercial district transient use” means, in the central and general commercial districts, a commercial enterprise for the purpose of providing lodging on a daily basis, room(s) in a building with two or more units. Transient units are not owner occupied. Transient uses may be permitted for tenancy longer than 30 consecutive days pursuant to the residential use requirements of each district.

(2)    “Industrial district transient use” means, in the light and heavy industrial districts, a commercial enterprise for the purpose of providing lodging on a daily basis, room(s) in a building with two or more units. Transient units are not owner occupied. Transient uses are not permitted for tenancy longer than 30 consecutive days; residential uses are not permitted in the industrial districts.

(f)    Travel trailer: See KGBC 18.05.140(j)(9).

(g)    Travel trailer park: See KGBC 18.05.140(j)(10). [Ord. No. 1726, §1, 8-4-14.]

18.05.220 “U” definitions.

(a)    “Usable yard area” means the minimum amount of square feet specified as “usable yard area” in a particular zone, which area shall comply with all of the following design criteria:

(1)    Each dimension of the area allocated as usable yard area, at ground level, shall be not less than 10 lineal feet;

(2)    Length-to-width ratio shall not exceed two to one;

(3)    Maximum slope of surface shall be five percent;

(4)    Drainage shall be so designed and provided that there will be no standing water;

(5)    All surfaces shall be of grass, sand, asphalt, wood, bark, or any combination thereof;

(6)    Adequate lighting shall be provided;

(7)    Planters, flower beds or permanently installed lawn furniture shall not be included in the calculation of usable yard area;

(8)    Usable yard area calculations may not include any required setback, parking or walkway, and may not be located under any unguttered roof overhang, nor closer than five feet to a required window or a door opening;

(9)    Fifty percent of the usable yard area requirement may be satisfied through the use of balconies or roofs.

(b)    “Use” means the purpose for which land or a building is arranged, designed or intended, or for which either land or a building is or may be occupied or maintained.

(1)    “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.

(2)    “Principal use” means the major or predominant use of a lot or parcel of land. [Ord. No. 1726, §1, 8-4-14.]

18.05.230 “V” definitions.

Reserved. [Ord. No. 1726, §1, 8-4-14.]

18.05.240 “W” definitions.

Reserved. [Ord. No. 1726, §1, 8-4-14.]

18.05.250 “X” definitions.

Reserved. [Ord. No. 1726, §1, 8-4-14.]

18.05.260 “Y” definitions.

(a)    “Yard” means an unoccupied space, unobstructed excepting eaves or overhangs of not more than 24 inches in width or where otherwise specifically provided for by this title, from 30 inches above the ground level to the sky on the same lot on which a building is situated; provided, however, fencing, customary yard accessories, play structures without moving parts, ornaments and furniture, except for bleachers which are in excess of 60 inches in height, are permitted in any yard, subject to such height limitations and requirements limiting obstructions or visibility as are provided in KGBC 18.20.030 or are otherwise provided by the KGB Code.

(b)    “Yard, front” means a yard extending across the full width of a lot measured between the front lot line of the lot and the front building line. A corner lot shall be considered to have two front yards.

(c)    “Yard, rear” means a yard extending across the full width of the lot between the most rear main building and the rear lot line.

(d)    “Yard, side” means a yard on each side of a main building and extending from the front lot line to the rear lot line. The width of the required side yard shall be measured horizontally from the nearest point of a side lot line to the nearest part of the main building.

[Ord. No. 1726, §1, 8-4-14.]

18.05.270 “Z” definitions.

(a)    “Zoning change” means the alteration or moving of a use district boundary; the reclassification of a lot or parcel of land from one zone to another, the change of any of the regulations contained in this title.

(b)    “Zoning ordinance” or “ordinance” means the Ketchikan Gateway Borough zoning ordinance (this title). [Ord. No. 1726, §1, 8-4-14.]